BP BHEAD INT S [atlas:bill]

AN ACT Relating to alternative on-site septic systems; amending RCW 70.118.010, 70.118.020, and 70.118.050; and adding a new section to chapter 70.118 RCW.

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

Sec. 1. RCW 70.118.010 and 1977 ex.s. c 133 s 1 are each amended to read as follows:

The legislature finds that over one million, two hundred thousand persons in the state are not served by sanitary sewers and that they must rely on septic tank systems. The failure of large numbers of such systems has resulted in significant health hazards, loss of property values, and water quality degradation. The legislature further finds that failure of such systems could be reduced by utilization of nonwater-carried sewage disposal systems, or other alternative methods of treatment and effluent disposal, as a correctional measure. Waste water volume diminution and disposal of most of the high bacterial waste through composting or other alternative methods of treatment and effluent disposal would result in restorative improvement or correction of existing substandard systems.

Sec. 2. RCW 70.118.020 and 1994 c 281 s 2 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 treatment and disposal" means systems either certified as meeting national sanitation foundation standard 40, or approved by the department of health, or both, including at least, mound systems, alternating drain fields, anaerobic filters, subsurface irrigation, evapotranspiration systems, ((~~and~~)) aerobic systems, and proprietary devices.

(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 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.

(7) "Proprietary device" means an on-site septic system in which the treatment or disposal process is owned by a person or company and has a registered trademark or patent, or utilizes a trademark as certified by the national sanitation foundation or other approved testing laboratories testing to national sanitation foundation standard 40 for class I systems.

(8) "Chemical additive" means those additives containing acids, bases, or other chemicals deemed unsafe by the department for use in an on-site sewage disposal system.

((~~(8)~~)) (9) "Additive manufacturer" means any person who manufactures, formulates, blends, packages, or repackages an additive product for sale, use, or distribution within the state.

(10) "Treatment standard 1" means ten or less parts per million biochemical oxygen demand, ten or less parts per million total suspended solids, and a fecal count of not more than two hundred.

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

Counties must approve a proprietary device or an alternative method of treatment and effluent disposal for use within the county if the method is certified by the national sanitation foundation under standard 40 for class I systems or other certifying agency using the same protocol. The alternative method of treatment and effluent disposal must be installed in accordance with national sanitation foundation standard 40 certification, suggested manufacturer's recommendations, and by a factory certified installer.

Sec. 4. RCW 70.118.050 and 1989 c 349 s 3 are each amended 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 and may preclude the use of any alternative method of treatment or effluent disposal not meeting treatment standard 1. 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 in accordance with the manufacturer's recommendations and the national sanitation foundation certification or certification by another certifying agency using national sanitation foundation standard 40 protocol for class I systems.