SENATE BILL REPORT

ESHB 645

BYHouse Committee on Environmental Affairs (originally sponsored by Representatives Pruitt, May, Miller, Hine, Rust, Unsoeld, Valle and Ferguson; by request of Puget Sound Water Quality Authority)

Requiring disclosures concerning septic systems upon sale of property.

House Committe on Environmental Affairs

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):February 18, 1988; February 23, 1988

Majority Report:     Do pass as amended.

     Signed by Senators Metcalf, Chairman; Benitz, DeJarnatt, Kreidler, Owen, Rinehart.

Senate Staff:Gary Wilburn (786-7453)

                February 24, 1988

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, FEBRUARY 23, 1988

BACKGROUND:

On-site sewage disposal systems serve approximately 1.4 million people in the state's 39 counties.  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 on-site 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 on-site sewage systems on surface and groundwaters and the potential for public exposure to sewage.  However, nearly all systems constructed prior to 1979 are exempt 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 on-site sewage disposal system, the report shall include several items of information, including the location of the tank and drain field on a scale diagram, as-built drawings if available, verification of inspection by a professional, the results of the inspection, and the date the septic tank was last pumped, if known.  If an inspection has occurred in the past three years, the seller may submit an affidavit verifying this and is then not required to obtain another inspection.  The local health agency may charge the seller a reasonable fee for inspections.

A copy of the report must be provided to the local health agency.  A brief summary of this information must be completed by the local health agency and recorded by the seller with the title to the property.

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 department is to propose rules for adoption by the board to implement the reporting requirements.  Failure by the seller to provide the report required shall subject the seller to liability to the purchaser for 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 or portions of counties within the Puget Sound watershed.

SUMMARY OF PROPOSED SENATE AMENDMENT:

The compliance dates for sellers' reports to buyers and for State Board of Health implementing rules are delayed from 1988 to 1989.

Appropriation:  none

Revenue:   none

Fiscal Note:    available

Senate Committee - Testified:   Representative Pruitt, prime sponsor (for); Kathy Fletcher, chair, Puget Sound Water Quality Authority (for); David Patterson, Washington Association of Realtors (against); Michael Thorp, Puget Sound Water Quality Authority (for); Michael Noonan and Les Eldredge, Tandem Service Corp. (for); Allen Zulauf (for); Chris Platt, Puget Sound Alliance (for); Lee Bonacher, Washington Aquaculture Council (for); Bruce Wishart, Sierra Club (for)