HOUSE BILL REPORT

HB 1369

BYRepresentatives Brough and Rust

Promoting improvements of waterfront sewer systems.

House Committe on Environmental Affairs

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (9)

      Signed by Representatives Rust, Chair:  Valle, Vice Chair:  D. Sommers, Ranking Republican Member:  Brekke, G. Fisher, Pruitt, Schoon, Van Luven and Walker.

Minority Report:  Do not pass.  (3)

      Signed by Representatives Fraser, Phillips and Sprenkle.

House Staff:Bonnie Austin (786-7107)

AS REPORTED BY COMMITTEE ON ENVIRONMENTAL AFFAIRS

FEBRUARY 7, 1989

BACKGROUND:

The State Board of Health is authorized to adopt standards governing the design and operation of on-site sewage (septic tank) systems.  Permits are required for the installation, alteration, extension, or relocation of on-site sewage systems. Local boards of health issue these permits, enforce the standards, and may adopt more stringent local standards.

At many saltwater-front sites in the state, conventional on-site systems are unsuitable because the lot is not large enough for the drainfield or because of a high water table, poor soil or other poor drainage conditions.  A variety of on-site sewage treatment technologies exist or are currently being developed as alternatives to conventional septic tank systems.  The Department of Social and Health Services (DSHS) has established a technical review committee to adopt guidelines for the use of these alternative systems.  An alternative system may be permitted for use if it is certified as meeting the committee's guidelines.

However, the size limitations or geological conditions at some saltwater-front sites are such that no alternative system is currently permitted.  Many owners of these saltwater-front sites would like to expand, remodel or replace their homes, but connection to an existing public sewer utility is not feasible because of the distance involved and formation of a community sewer system is expensive.

Another concern is the increasing number of existing, failing on-site sewage systems on saltwater-front homes.  Effluent from these failing systems flows onto beaches and into shellfish beds and marine waters.  In 1988, the legislature directed DSHS to propose rules identifying standards for repair of existing, failing on site sewage disposal systems at single family residences adjacent to marine waters.  DSHS presented a proposal to the State Board of Health in December of 1988.  The State Board of Health has not yet taken action on this proposal.

Additionally, pursuant to the direction of the Puget Sound Water Quality Authority Plan, the State Board of Health is in the process of revising its regulations for on-site sewage systems. DSHS estimates that this process will be complete in October.

SUMMARY:

SUBSTITUTE BILL:  Owners of single family residences which are adjacent to marine waters or from which untreated sewage is discharged directly into marine waters may remodel, expand, or replace the residence if the existing on-site sewage treatment facilities are repaired or replaced so that the resulting system meets state water quality discharge standards for biochemical oxygen demand (BOD) and total suspended solids (TSS).

The State Board of Health and city and county legislative authorities are authorized to adopt more restrictive standards to ensure the protection of public health, shellfish, and other public resources and to ensure the attainment of water quality standards.

DSHS and city or county legislative authorities may identify geographic areas where it is necessary to implement more restrictive standards.  DSHS may propose, and city or county legislative authorities may adopt, standards for the design, construction, maintenance, and monitoring of sewage disposal systems.

City and county legislative authorities may also adopt ordinances to limit the expansion of residences.

This act will take effect on November 1, 1989, unless the State board of Health adopts standards for the replacement and repair of sewage disposal systems located on property adjacent to marine waters by October 31, 1989.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute bill expands the types of residences covered to include residences that discharge untreated sewage directly into marine waters.  The original bill covered only residences adjacent to marine waters. The substitute bill provides city and county governments authority to limit expansion of a residence.  The substitute bill also contains a new section providing an effective date, and specifying that the bill will not take effect if the State board of Health adopts specified standards by October 31, 1989.

Fiscal Note:      Not requested.

Effective Date:November 1, 1989.  (Will not take effect if State Board of Health adopts specified standards by October 31, 1989.)

House Committee ‑ Testified For:    Representative Jean Marie Brough; Dave Rogers; George Lindsey, EKOFINN; Terry Arca.

House Committee - Testified Against:      Eric Slagle, DSHS; Beverly Lingle, State Board of Health; Ed O'Brien, Department of Ecology; Steve Wecker; and Stan Springer, Department of Ecology.

House Committee - Testimony For:    Many waterfront sewage treatment systems are failing or are undersized.  Alternative treatment systems are available but have not been permitted.  Some alternate systems provide treatment comparable to or better than municipal secondary treatment;  the standards proposed in the bill are three times as stringent as those required for secondary treatment.

House Committee - Testimony Against:      Rules are currently being developed and will be completed by mid-1989.  Discharge into inland waters also needs to be regulated.  This bill would encourage proliferation of sub- standard systems and could increase total sewage output.  Complex sewage systems require trained operators.  This bill might eliminate incentives to participate in community sewage treatment systems.