6081-S

AN ACT Relating to on-site sewage additives; amending RCW 70.118.060; adding new sections to chapter 70.118 RCW; creating new sections; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that some on-site septic system additives may contribute to septic system failure and ground water contamination. In order to determine which ingredients of additive products have adverse effects on public health or the environment, it is necessary to submit such products to a review procedure.

The purpose of this act is: (1) To establish a timely and orderly procedure for review and approval of on-site septic system additives; (2) to prohibit the use, sale, or distribution of additives having an adverse effect on public health or the water quality of the state; (3) to require the disclosure of the contents of additives that are advertised, sold, or distributed in the state; and (4) to provide for consumer protection and education concerning additives.

Sec. 2. RCW 70.118.060 and 1993 c 321 s 3 are each amended 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,)) After January 1, 1996, no person shall use, sell, or distribute any on-site septic system additive whose ingredients have not been approved by the department, except as provided by this section.

(2) By October 1, 1994, each manufacturer of an on-site sewage disposal system additive that is sold, advertised, or distributed in the state shall submit the following information to the department: (a) The name and address of the company; (b) the name of the product; (c) the complete product formulation; (d) the location where the product is manufactured; (e) the intended method of product application; and (f) a request that the product be reviewed.

(3) By July 1, 1995, the department shall adopt rules providing the criteria, review procedures, and timelines to be used in reviewing on-site septic system additives for use, sale, or distribution in the state. The criteria shall be designed to determine whether any ingredients in the product have an adverse effect on public health or water quality. The department may charge a fee sufficient to cover the costs of evaluating the additive, including the development of ((~~standards~~)) criteria and review procedures.

((~~(2)~~)) A fee schedule shall also be established by rule.

(4) By January 1, 1996, the department shall issue a decision as to whether a product registered pursuant to subsection (2) of this section is approved or denied. If the department does not issue an approval or denial by this date, the product may continue to be sold until a decision is issued.

(5) Manufacturers shall reregister their product as provided in subsection (2) of this section every five years and each time their product formulation changes or each time the manufacturer changes ownership.

(6) The department may contract with private laboratories for performance of any duties necessary to carry out the purpose of this section.

(7) 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, or to enjoin any violation of the conditions in section 4 of this act.

((~~(3)~~)) (8) The department is responsible for providing written notification to ((~~major distributors and wholesalers of~~)) additives manufacturers of the ((~~state-wide prohibition on additives~~)) provisions of this section and sections 3 through 5 of this act. The notification shall be provided no later than ((~~October 1, 1993~~)) thirty days after the effective date of this section. Within thirty days of notification from the department, ((~~distributors and wholesalers~~)) manufacturers shall provide the same notification to their distributors, wholesalers, and retail customers. ((~~The department shall also provide notification to major distributors and wholesalers of additive products that have been approved.~~))

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

The department shall hold confidential any information obtained pursuant to RCW 70.118.060 when shown by any manufacturer that such information, if made public, would divulge confidential business information, methods, or processes entitled to protection as trade secrets of the manufacturer.

NEW SECTION. Sec. 4. A new section is added to chapter 70.118 RCW to read as follows:

(1) Each manufacturer of a certified and approved additive product advertised, sold, or distributed in the state shall:

(a) Make no claims relating to the elimination of the need for septic tank pumping or proper septic tank maintenance and shall provide consumer information concerning appropriate septic tank maintenance either with the product or in separate form;

(b) List the components of additive products on the product label, along with information regarding instructions for use, precautions, and antidotes;

(c) Make no false or misleading statements, design, or graphic representation relative to an additive product that is inconsistent with RCW 70.118.060 or sections 3 through 5 of this act; and

(d) Make no claims, either direct or implied, about the performance of the product based on state approval of its ingredients.

(2) A violation of this section is an unfair act or practice in violation of the consumer protection act, chapter 19.86 RCW.

NEW SECTION. Sec. 5. A new section is added to chapter 70.118 RCW to read as follows:

A person may contest the department's determination under RCW 70.118.060 through an adjudicative proceeding as provided in chapter 34.05 RCW.

NEW SECTION. Sec. 6. By December 1, 1994, the department shall report to the legislature on its progress in implementing the provisions in this act and shall submit information on the anticipated fee schedule that will be adopted for approving additives. This section shall expire January 1, 1995.

NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.