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SUBSTITUTE HOUSE BILL 1667
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AS AMENDED BY THE SENATE
Passed Legislature - 1993 Regular Session
State of Washington 53rd Legislature 1993
Regular Session
By
Read first time 02/22/93.
Prohibiting additives for on-site
sewage disposal systems.
AN ACT Relating to
on-site sewage additives; amending RCW 70.118.020; adding a new section to
chapter 70.118 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. The legislature finds
that most additives do not have a positive effect on the operation of on-site
systems and can contaminate ground water aquifers, render septic drainfields
dysfunctional, and result in costly repairs to homeowners. It is therefore the
intent of the legislature to ban the use, sale, and distribution of additives
within the state unless an additive has been specifically approved by the
department of health.
Sec. 2. RCW 70.118.020 and 1991
c 3 s 367 are each amended to read as follows:
As used in this
chapter, the terms defined in this section shall have the meanings indicated
unless the context clearly indicates otherwise.
(1)
"Nonwater-carried sewage disposal devices" means any device that
stores and treats nonwater-carried human urine and feces.
(2) "Alternative
methods of effluent disposal" means systems approved by the department of
health, including at least, mound systems, alternating drain fields, anaerobic
filters, evapotranspiration systems, and aerobic systems.
(3) "Failure"
means: (a) Effluent has been discharged on the surface of the ground prior to
approved treatment; or (b) effluent has percolated to the surface of the
ground; or (c) effluent has contaminated or threatens to contaminate a ground
water supply.
(4)
"Additive" means any commercial product intended to affect the
internal performance or aesthetics of an on-site sewage disposal system.
(5)
"Department" means the department of health.
(6) "On-site
sewage disposal system" means any system of piping, treatment devices, or
other facilities that convey, store, treat, or dispose of sewage on the
property where it originates or on nearby property under the control of the
user where the system is not connected to a public sewer system. For purposes
of this chapter, an on-site sewage disposal system does not include indoor
plumbing and associated fixtures.
NEW SECTION. Sec.
3. A new section is added
to chapter 70.118 RCW to read as follows:
(1) After July 1, 1994,
a person may not use, sell, or distribute an additive to on-site sewage
disposal systems unless such additive has been specifically approved by the
department. The department may approve an additive if it can be demonstrated
to the satisfaction of the department that the additive has a positive benefit,
and no adverse effect, on the operation or performance of an on-site sewage
system. Upon written request by an additive manufacturer or distributor for
product evaluation, the department may charge a fee sufficient to cover the
costs of evaluating the additive, including the development of standards and
review procedures.
(2) The
attorney general or appropriate city or county prosecuting attorney is
authorized to bring an appropriate action to enjoin any violation of the
prohibition on the sale or distribution of additives. (3) The department
is responsible for providing written notification to major distributors and
wholesalers of additives of the state-wide prohibition on additives. The
notification shall be provided no later than October 1, 1993. Within thirty
days of notification from the department, distributors and wholesalers shall
provide the same notification to their retail customers. The department shall
also provide notification to major distributors and wholesalers of additive
products that have been approved.
