Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Local Government Committee

ESB 5871

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Summary of Engrossed Bill

Requires that qualifying counties, cities, and towns have an administrative appeals process to consider denials of permit applications to repair or replace failing on-site septic systems of single-family homes.
Specifies that the jurisdictions required to have the appeals process are those with an ordinance or resolution requiring connection to a public sewer system upon the failure of an on-site septic system.
Establishes requirements and considerations related to the appeals process.

Background:

Counties and Cities–Sanitary Sewer Systems.

Counties and cities, including "code cities" operating under the Optional Municipal Code, have broad authority to construct, operate, maintain, and regulate sanitary sewer systems within all or part of their jurisdictions. Cities and towns are also authorized, subject to certain limits, to extend sewer services beyond their corporate limits.

Mandatory Connections to Public Sanitary Sewer Systems.

If adequate public sewer services are available within 200 feet of the residence or facility, the health officer, upon the failure of an existing on-site sewage system, may require connection to a public sewer system. If a conforming system can be designed and installed, the health officer may also permit the repair or replacement of the on-site sewage system.

The owner of a residence or other facility served by an on-site sewer system may also be required to connect to a public sewer system when:

connection is deemed necessary to protect public health by the local health officer;
an adequate public sewer becomes available within 200 feet of the residence or other facility as measured along the usual or most economically feasible route of access; and
the sewer utility allows the sewer connection.

Additionally, a local board of health may require a new development to connect to a public sewer system to protect public health. Local boards of health must require new development or a development with a failing system to connect to a public sewer system if it is required by the comprehensive land use plan or development regulations of the county or city.

Summary of Bill:

A county, city, code city, or town (local jurisdiction) with an ordinance or resolution requiring, upon the failure of an on-site septic system, connection to a public sewer system, must provide an administrative appeals process to consider denials of permit applications to repair or replace the septic system. The required appeals process applies only to requests to repair or replace existing, failing on-site septic systems that:

were made for a single-family residence by the owner or owners;
were denied solely because of a law, regulation, or ordinance requiring connection to a public sewer system; and
absent the applicable law, regulation, or ordinance requiring connection to a public sewer system and upon which the denial was based, would be approved.

If the local jurisdiction has an existing administrative appeals process, it may use that process to consider appeals of denied applications. The legislative body of the local jurisdiction, or an administrative hearings officer, must preside over the administrative appeals process.

The administrative appeals process must consider specific factors, including whether it is cost-prohibitive to require the property owner to connect to the public sewer system, and whether there are related:

public health or environmental considerations;
public sewer system performance or financing considerations; and
financial assistance programs or latecomer agreements offered by the local jurisdiction or the state that may impact a decision of the property owner to repair or replace the on-site septic system.

If the local jurisdiction, following the appeals process, determines that the property owner must connect the residence to the public sewer system, the owner may, in complying with the determination and subject to approval of appropriate permits, select and hire contractors at his or her own expense to perform the necessary work to connect to the public sewer system. Unless required by law, no appeal is available from the local jurisdiction's determination.