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SUBSTITUTE
HOUSE BILL 3056
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Passed
Legislature - 1998 Regular Session
State of Washington 55th
Legislature 1998 Regular Session
By
Read first time 02/05/98.
Referred to Committee on .
Implementing
the recommendations of the on-site wastewater certification work group.
AN
ACT Relating to implementing the recommendations of the on-site wastewater
certification work group; adding a new section to chapter 70.05 RCW; and
creating new sections.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. (1)
The 1997 legislature directed the department of health to convene a work group
for the purpose of making recommendations to the legislature for the
development of a certification program for occupations related to on-site
septic systems, including those who pump, install, design, perform maintenance,
inspect, or regulate on-site septic systems. The work group was convened and
studied issues relating to certification of people employed in these
occupations, bonding levels, and other standards related to these occupations.
In addition, the work group examined the application of a risk analysis
pertaining to the installation and maintenance of different types of septic
systems in different parts of the state. A written report containing the work
group's findings and recommendations was submitted to the legislature as
directed.
(2)
The legislature recognizes that the recommendations of the work group must be
phased-in over a time period in order to develop the necessary scope of work
requirements, knowledge requirements, public protection requirements, and other
criteria for the upgrading of these occupations. It is the intent of the
legislature to start implementing the work group's recommendations by focusing
first on the occupations that are considered to be the highest priority, and to
address the other occupational recommendations in subsequent sessions.
NEW
SECTION. Sec. 2. (1)
The department of licensing and the department of health shall jointly convene
an advisory committee for the purpose of developing legislation that will
establish licensing requirements for the designers of on-site septic systems,
and a proposed certification program for inspectors of on-site septic systems
that tests the same knowledge and competency required for licensed designers of
on-site septic systems. The departments shall develop the legislation
consistent with the findings and recommendations contained in the written
report developed by the on-site wastewater certification work group. The
proposed legislation shall be submitted to the senate agriculture and
environment committee and the house of representatives agriculture and ecology
committee by December 1, 1998.
(2)
The department of licensing and the department of health shall report on the
time frames and feasibility for developing proposed legislation that implements
the other on-site wastewater certification work group's recommendations by
December 1, 1998.
NEW
SECTION. Sec. 3. A
new section is added to chapter 70.05 RCW to read as follows:
(1)
The department of health, in consultation and cooperation with local
environmental health officers, shall develop a one-day course to train local
environmental health officers, health officers, and environmental health
specialists and technicians to address the application of the waiver authority
granted under RCW 70.05.072 as well as other existing statutory or regulatory
flexibility for siting on-site sewage systems.
(2)
The training course shall include the following topics:
(a)
The statutory authority to grant waivers from the state on-site sewage system
rules;
(b)
The regulatory framework for the application of on-site sewage treatment and
disposal technologies, with an emphasis on the differences between rules,
standards, and guidance. The course shall include instruction on interpreting
the intent of a rule rather than the strict reading of the language of a rule,
and also discuss the liability assumed by a unit of local government when local
rules, policies, or practices deviate from the state administrative code;
(c)
The application of site evaluation and assessment methods to match the particular
site and development plans with the on-site sewage treatment and disposal
technology suitable to protect public health to at least the level provided by
state rule; and
(d)
Instruction in the concept and application of mitigation waivers.
(3) The training course shall be made available to all local health
departments and districts in various locations in the state without fee.
Updated guidance documents and materials shall be provided to all participants,
including examples of the types of waivers and processes that other
jurisdictions in the region have granted and used. The first training
conducted under this section shall take place by June 30, 1999.
