SENATE BILL REPORT

SB 5135

BYSenators McCaslin and Rasmussen

Limiting the authority of a board of health or health department to require property owners to participate in a local improvement district in order to obtain on-site sewage system permits.

Senate Committee on Governmental Operations

Senate Hearing Date(s):January 26, 1989; February 23, 1989

Majority Report:  That Substitute Senate Bill No. 5135 be substituted therefor, and the substitute bill do pass.

      Signed by Senators McCaslin, Chairman; Thorsness, Vice Chairman; Pullen, Sutherland.

Senate Staff:Sam Thompson (786-7754); Eugene Green (786-7405)

                  February 24, 1989

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, FEBRUARY 23, 1989

BACKGROUND:

Property owners who desire to install or alter an on-site sewage system (usually a septic tank) are required to obtain a permit from their local board of health.  Regulations for the issuance of on-site sewage permits have been established by the State Board of Health.  Local boards of health may adopt additional requirements, provided that they are approved by the State Board.

Concerns about the possible pollution of the Spokane aquifer prompted the Spokane County Health District Board of Health to impose an additional requirement for the approval of on-site sewage permits.  Property owners applying for the permits are required to sign a covenant obligating the owners and any successors in ownership to join in a petition for the formation of a proposed local improvement district (LID) or utility local improvement district (ULID) for the installation of sewers.  By the terms of the covenant, the property owners also agree not to protest the formation of a proposed LID or ULID.

It has been suggested that boards of health be prevented from utilizing this practice to facilitate the formation of LIDs or ULIDs.

SUMMARY:

Property owners cannot be required to sign covenants either obligating them to support or not to oppose the formation of an LID or ULID as a condition to the granting of permits for the installation of new on- site sewage systems at residences existing and occupied as of the effective date of the act or for the alteration of existing systems.

EFFECT OF PROPOSED SUBSTITUTE:

Covenants cannot be required for permits issued for the repair of existing, failing on-site sewage systems serving single-family residences.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Effective Date:The bill contains an emergency clause and takes effect immediately.

Senate Committee - Testified: Eric Slagle, DSHS (con); Joe Daniels, Washington Association of Water and Wastewater Districts (con); Stan Springer, DOE (con)