BILL REQ. #:  H-1401.1 

Read first time 01/29/2007.   Referred to Committee on Select Committee on Environmental Health.

     AN ACT Relating to an exemption for manufacturers of biological remediation technologies for use in on-site sewage disposal systems; amending RCW 70.118.020; and adding a new section to chapter 70.118 RCW.

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

Sec. 1   RCW 70.118.020 and 1994 c 281 s 2 are each amended to read as follows:
     ((As used)) The definitions in this section apply throughout this chapter((, the terms defined in this section shall have the meanings indicated)) unless the context clearly ((indicates)) requires 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 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) "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) "Additive manufacturer" means any person who manufactures, formulates, blends, packages, or repackages an additive product for sale, use, or distribution within the state.
     (9) "Repair" means relocation, replacement, reconstruction, or biological remediation of a failed on-site sewage disposal system.
     (10) "Biological remediation" means a process that uses microorganisms to return a contaminated environment, including a drain field or soil dispersal component, to a state of nonfailure.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.118 RCW to read as follows:
     (1) Manufacturers of biological remediation technologies for use in on-site sewage disposal systems, including for use in the repair or recovery of failed drain fields of on-site sewage disposal systems, are exempted from registering their proprietary treatment products with the department, only if the following conditions are met:
     (a) Product performance is verified through product testing using international association of plumbing and mechanical officials interim guide criteria standard 180-2003, which relates to aerobic bacterial generators for insert into septic tanks, grease interceptors, and grease traps;
     (b) Product performance is verified through product testing conducted by a testing facility conforming with the American national standards institute approved international association of plumbing and mechanical officials requirements;
     (c) The product continues its certification under the international association of plumbing and mechanical officials interim guide criteria standard 180-2003; and
     (d) The biological component of the product must meet the conditions of RCW 70.118.060 relating to additive regulation.
     (2) American national standards institute approved international association of plumbing and mechanical officials interim guide criteria standard 180-2003 only applies to biological remediation technologies used in on-site sewage disposal systems or in the repair or recovery of failed drain fields or soil dispersal components of on-site sewage disposal systems.