BILL REQ. #:  H-1421.1 

Read first time 02/05/2007.   Referred to Committee on Select Committee on Environmental Health.

     AN ACT Relating to the registration process of proprietary treatment products for use in drain fields of on-site sewage disposal systems; and adding a new section to chapter 70.118 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 70.118 RCW to read as follows:
     (1) Manufacturers of proprietary treatment products that use soil-based denitrification processes in the drain fields of on-site sewage disposal systems are exempted from registering such proprietary treatment products with the department only if the following conditions are met:
     (a) The proprietary treatment product must conform to the universal plumbing code;
     (b) Any biological component used in the proprietary treatment product must meet the conditions of RCW 70.118.060 relating to additive regulation;
     (c) For purposes of product testing, sampling for total nitrogen discharge to the soil is drawn using a soil vacuum lysimeter or by other means approved by the department;
     (d) The results of product testing in the soil surrounding the drain field test sites must be at or below ten parts per million of total nitrogen;
     (e) Testing data is submitted to the department for review and approval or denial; and
     (f) The proprietary treatment product is installed into a septic system with a preexisting on-site permit.
     (2) The department must review the testing data submitted under subsection (1)(e) of this section and approve or deny the soil-based denitrification process within thirty days of submittal date. If the department does not approve the process, the department must issue an explanation citing specific reasons for the lack of approval.
     (3) The department shall not charge application fees in excess of the rate for comparable applications for the in-tank denitrification processes.
     (4) The department shall keep and maintain a list of proprietary treatment products for use in soil-based denitrification processes that have been approved under the conditions of subsection (1)(a) through (f) of this section.
     (5) This section applies only to proprietary treatment products that reduce nitrogen in soil-based proprietary treatment processes.
     (6) Nothing in this section may be construed to add any conditions to the rules of the department related to certifying and registering denitrification processes in the tank of on-site sewage disposal systems.