SENATE BILL REPORT

SB 5587

BYSenators Kreidler, Talmadge, Rinehart, Lee and Hansen; by request of Puget Sound Water Quality Authority

Requiring disclosures concerning septic systems upon sale of property.

Senate Committee on Parks & Ecology

Senate Hearing Date(s):February 12, 1987

Senate Staff:Gary Wilburn (786-7453)

AS OF FEBRUARY 9, 1987

BACKGROUND:

Onsite sewage disposal systems serve approximately 1.4 million people in the 39 counties of the State of Washington.  The Legislature declared in 1977 that "the failure of large numbers of such systems has resulted in significant health hazards, loss of property values, and water quality degradation."

The Nonpoint Advisory Subcommittee to the Puget Sound Water Quality Authority and others have identified failing onsite sewage disposal systems, especially smaller systems serving one or a small number of buildings, as a source of nonpoint pollution in various areas of Puget Sound.

The State Board of Health has adopted onsite sewage disposal regulations providing a uniform framework through which local boards of health may establish a system of local regulations.  The purpose of the regulations is to assure protection of the public health by minimizing the adverse effects of onsite sewage systems on surface and groundwaters and the potential for public exposure to sewage.  However, nearly all systems constructed prior to 1979 are exempted from the regulations, the regulations do not contain a maintenance program, and lack an enforcement component.

SUMMARY:

Before the sale of real property is closed, the seller must provide a report to the purchaser regarding the method of sewage disposal, if any, for the property.  If served by an onsite sewage disposal system, the report shall include several items of information, including the location of the tank and drain field on a plot map, as-built drawings, verification of inspection by a registered sanitarian, the results of the inspection, and the date the septic tank was last pumped, if known.  The local health agency may charge the seller a reasonable fee for inspections which it conducts.

The seller is to provide a copy of a maintenance manual to the purchaser, which manual is to be developed by the Department of Social and Health Services.  The seller is also responsible for recording a one-page standard form with the title to the property summarizing the information contained in the report described above.  The Department of Social and Health Services is to propose rules for adoption by the State Board of Health to implement the reporting requirements.  Failure by the seller to provide the report required shall subject the seller to liability to the purchaser of up to $7,500 for costs of pumping, repair or replacement of the system incurred by the purchaser within one year of the sale.  The bill applies only to those counties within the Puget Sound watershed.

Fiscal Note:      requested