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                                 ENGROSSED SUBSTITUTE HOUSE BILL NO. 1369

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                                                           AS AMENDED BY THE SENATE

                                                                          C 349 L 89 PV

State of Washington                               51st Legislature                              1989 Regular Session

By House Committee on Environmental Affairs (originally sponsored by Representatives Brough and Rust)

Read first time 2/10/89.

AN ACT Relating to the repair of waterfront sewer systems; adding new sections to chapter 70.118 RCW; creating a new section; and providing an effective date.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 70.118 RCW to read as follows:

          The legislature finds that:

          (1) Many saltwater-front lots were developed without adequate means of sewage disposal;

          (2) Installation of community sewers is not practical in many of these areas;

          (3) Many of these homes are being expanded, remodeled, or rebuilt in violation of the building code; and

          (4) These sewer systems are polluting the waters of the state.

          The legislature further finds that modern technology has developed effective ways to treat the sewage from these residences in order to protect against significant health hazards and water quality degradation.

          It is the intent of the legislature to allow the owners of single-family saltwater-front residences to replace inadequate on-site sewage treatment facilities with modern effective systems.  It is also the intent of the legislature to provide incentives for these homeowners to upgrade their sewage disposal systems by allowing these homes to be remodeled, rebuilt, or expanded.

NEW SECTION. Sec. 2.  A new section is added to chapter 70.118 RCW to read as follows:

          The owners of single-family residences that were legally occupied prior to June 9, 1988, and that are on property adjacent to marine waters or discharge untreated sewage directly into marine waters, who repair or replace an existing on-site sewage disposal system so that the system achieves a thirty-day average effluent quality of:  (1) Less than 10 mg/l BOD5, and (2) less than 10 mg/l total suspended solids, and (3) less than 200 MPN/100 ml fecal coliform bacteria may remodel, expand, or replace the single-family residence.  This standard must be met prior to discharge of the effluent below the surface of the ground.  Residences expanded under this section shall use low-flow plumbing fixtures.  Not later than January 1, 1990, the state board of health shall adopt such minimum nutrient loading standards for systems allowed under this section as the board finds necessary to ensure protection of the public health, attainment of state water quality standards, and the protection of shellfish and other public resources.

          If the department of social and health services finds that more restrictive standards are necessary to ensure protection of the public health, attainment of state water quality standards, and the protection of shellfish and other public resources, the department may propose rules for adoption by the state board of health identifying the standards necessary for implementing its finding.  The department may also identify the geographic areas where it is necessary to implement the more restrictive standards.  In addition, the department may propose standards for the design, construction, maintenance, and monitoring of sewage disposal systems.

NEW SECTION. Sec. 3.  A new section is added to chapter 70.118 RCW to read as follows:

          If the legislative authority of a county or city finds that more restrictive standards than those contained in section 2 of this act or those adopted by the state board of health for systems allowed under section 2 of this act or limitations on expansion of a residence are necessary to ensure protection of the public health, attainment of state water quality standards, and the protection of shellfish and other public resources, the legislative authority may adopt ordinances or resolutions setting standards as they may find necessary for implementing their findings.  The legislative authority may identify the geographic areas where it is necessary to implement the more restrictive standards.  In addition, the legislative authority may adopt standards for the design, construction, maintenance, and monitoring of sewage disposal systems.

NEW SECTION. Sec. 4.     (1) Except as provided in subsection (2) of this section, this act shall take effect November 1, 1989.

          (2) Section 2 of this act shall not take effect if the state board of health adopts standards for the replacement and repair of existing on-site sewage disposal systems located on property adjacent to marine waters by October 31, 1989.

NEW SECTION. Sec. 5.     The house of representatives committee on environmental affairs and the senate committee on environment and natural resources shall investigate on-site sewage regulation and practices in the state including, but not limited to, ways to ensure long-term maintenance and operation of these systems and report to their respective houses at the 1990 session of the Washington state legislature.

                                                                                                                           Passed the House April 18, 1989.

                                                                                                                                         Speaker of the House.

                                                                                                                             Passed the Senate April 4, 1989.

                                                                                                                                       President of the Senate.