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                                  ENGROSSED SUBSTITUTE HOUSE BILL NO. 645

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State of Washington                              50th Legislature                              1987 Regular Session

By House 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)

Read first time 3/2/87 and passed to Committee on Rules.

AN ACT Relating to on-site sewage disposal systems; and adding a new chapter to Title 90 RCW.

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

NEW SECTION. Sec. 1.     The legislature finds that failing on-site sewage disposal systems threaten Puget Sound water quality and the health of citizens of this state.  The legislature further finds that disclosure of information on the location and condition of the system at the time of property sale aids in system maintenance and prevention of failure.

NEW SECTION. Sec. 2.     Beginning July 1, 1988, before the sale of real property is closed, the seller shall provide a report to the purchaser that shall:

          (1) Disclose whether the property being sold is served by a public or private sewer system, an on-site sewage disposal system, other means of waste disposal, or is undeveloped property.

          (2) If the property is served by an on-site sewage disposal system, the report shall include:

          (a) The location of the septic tank and, if known, the location of the drainfield identified on a scale lot diagram.

          (b) Drawings of the system as it was built, if available from either the seller or the local health agency.

          (c) Verification that the septic tank and drainfield have been inspected by a properly trained professional approved by the local health agency to conduct these inspections.  The inspection shall have taken place within six months before closing.  The local health agency may charge the seller a reasonable fee for this inspection.

          (d) Results of the inspection.  Inspections that do not reveal failures imply no guarantee of future system performance, and local health agencies shall not be held liable for any failures and resulting damage.

          (e) The date the septic tank was last pumped, if known, and whether pumping is now required by the local health agency.

          (3) Instead of complying with subsection (2)(c) of this section, the seller may submit an affidavit verifying that either:  (a) The structure on the property serviced by the on-site sewage disposal system has never been occupied or has been occupied for no more than three years since the last inspection; or (b) the on-site sewage disposal system has been inspected in the past three years.  "Inspection" for purposes of this subsection means an inspection conducted under subsection (2)(c) of this section.

NEW SECTION. Sec. 3.     A copy of the report shall be provided to the local health agency by the seller and be included in agency records on the property.

NEW SECTION. Sec. 4.     The seller shall provide the purchaser with an on-site sewage disposal system maintenance manual to be developed by the department of social and health services.  The manual shall be available from the department and the local health agencies.

NEW SECTION. Sec. 5.     A brief summary of the report required in section 2 of this act shall be completed by the local health agency and be recorded by the seller with the title to the property.

NEW SECTION. Sec. 6.     By January 1, 1988, the department of social and health services shall propose rules for adoption by the state board of health to implement this chapter.  These rules shall include a procedure and standard forms to be used by all local health departments for inspection of on-site sewage disposal systems, and a definition of the terms "operational" and "failure" in relation to on-site systems and the term "results of the inspection" under section 2(2)(d) of this act.  The department shall consult with local health agencies in developing the proposed rules.

NEW SECTION. Sec. 7.     Failure by the seller to provide the report required by section 2 of this act to the purchaser or to the local health agency or to record the standard form with the title to the property shall not void the sale, but shall subject the seller to liability to the purchaser of up to seven thousand five hundred dollars for costs incurred by the purchaser within one year of the date of closing for pumping, repairs, or replacement of the on-site sewage disposal system ordered by the local health agency, plus reasonable attorneys' fees.

NEW SECTION. Sec. 8.     This chapter applies only in Island, King, Kitsap, Mason, Pierce, San Juan, Skagit, Snohomish, Thurston, and Whatcom counties and those portions of Jefferson and Clallam counties that have waters which ultimately drain into Puget Sound as defined in RCW 90.70.005.

NEW SECTION. Sec. 9.     Sections 1 through 8 of this act shall constitute a new chapter in Title 90 RCW.