AN ACT Relating to state board of health rules regarding on-site sewage systems; amending RCW 70.05.074; adding a new section to chapter 43.20 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 2.  A new section is added to chapter 43.20 RCW to read as follows:

(1) Rules adopted by the state board under RCW 43.20.050(3) regarding failures of on-site sewage systems must:

(a) Give first priority to allowing repair and second priority to allowing replacement of an existing conventional on-site sewage system, consisting of a septic tank and drainfield, with a similar conventional system;

(b) Not impose or allow the imposition of more stringent performance requirements of equivalent on-site sewage systems on private entities than public entities; and

(c) Allow a system to be repaired using the least expensive alternative that meets standards and is likely to provide comparable or better long-term sewage treatment and effluent dispersal outcomes.

(2) Rules adopted by the state board under RCW 43.20.050(3) regarding inspections must:

(a) Require any inspection of an on-site sewage system carried out by a certified professional inspector or public agency to be coordinated with the owner of the on-site sewage system prior to accessing the on-site sewage system;

(b) Require any inspection of an on-site sewage system carried out by a certified professional inspector or responsible public agency to be authorized by the owner of the on-site sewage system prior to accessing the on-site sewage system;

(c) Allow, in cases where an inspection has not been authorized by a property owner, the local health jurisdiction to follow the procedures established for an administrative search warrant in RCW 70.118.030; and

(d) Forbid local health jurisdictions from requiring private property owners to grant inspection or maintenance easements for on-site sewage systems as a condition of permit issuance for on-site sewage systems that are located on a single property and service a single dwelling unit.

(3)(a) Except as provided in (b) of this subsection, rules adopted by the state board under RCW 43.20.050(3) may not require or allow a local health officer to require, as the only compliance option, that any property owner obtain an inspection, monitoring, or maintenance contract or service agreement with any person in order for the property owner to receive a permit related to an on-site sewage system.

(b) Rules adopted by the state board must allow local health officers to require inspection, monitoring, or maintenance contracts or service agreements as a permit condition only in the following narrow instances, and only under specific circumstances where the local health officer has local, site-specific evidence to believe that water quality or shellfish growing areas are especially at risk:

(i) For on-site sewage systems located in any of the following areas:

(A) Shoreland areas, as that term is defined in chapter 90.58 RCW;

(B) A marine recovery area or other special management area identified in a management plan required under chapter 70.118A RCW;

(C) Shellfish protection districts under chapter 90.72 RCW;

(D) Groundwater management areas that were primarily created in order to address areas where the contamination or the degradation of water quality was occurring due to land use, consistent with RCW 90.44.400(2)(f); and

(E) Other areas designated by the local board of health, after a public hearing and an opportunity for public comment on a proposed designation, for the purpose of protecting public health and surface or groundwater where on-site sewage systems have been determined to be significant factors contributing to public health and water quality concerns;

(ii) For on-site sewage systems that feature technologies that may make the system especially complicated to operate or maintain or that may require special expertise to monitor, maintain, or inspect due to size and complexity, such as proprietary products; and

(iii) For instances in which an on-site sewage system is located on or serves multiple properties, serves three or more dwelling units, or serves another use that generates more than one thousand gallons of sewage per day.

Sec. 3.  RCW 70.05.074 and 1997 c 447 s 2 are each amended to read as follows:

(1) The local health officer must respond to the applicant for an on-site sewage system permit within thirty days after receiving a fully completed application. The local health officer must respond that the application is either approved, denied, or pending.

(2) If the local health officer denies an application to install an on-site sewage system, the denial must be for cause and based upon public health and environmental protection concerns, including concerns regarding the ability to operate and maintain the system, or conflicts with other existing laws, regulations, or ordinances. A local health officer may not deny or condition a permit application related to an on-site sewage system located on a single property and serving a single dwelling unit upon the granting of an easement allowing for the inspection or maintenance of the on-site sewage system. The local health officer must provide the applicant with a written justification for the denial, along with an explanation of the procedure for appeal.

(3) If the local health officer identifies the application as pending and subject to review beyond thirty days, the local health officer must provide the applicant with a written justification that the site-specific conditions or circumstances necessitate a longer time period for a decision on the application. The local health officer must include any specific information necessary to make a decision and the estimated time required for a decision to be made.

(4) A local health officer may not limit the number of alternative sewage systems within his or her jurisdiction without cause. Any such limitation must be based upon public health and environmental protection concerns, including concerns regarding the ability to operate and maintain the system, or conflicts with other existing laws, regulations, or ordinances. If such a limitation is established, the local health officer must justify the limitation in writing, with specific reasons, and must provide an explanation of the procedure for appealing the limitation.

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