HOUSE BILL REPORT

ESHB 645

BYHouse Committee on Environmental Affairs (originally sponsored by Representatives Pruitt, May, Miller, Hine, Rust, Unsoeld, Valle and Ferguson; by request of Puget Sound Water Quality Authority)

Requiring disclosures concerning septic systems upon sale of property.

House Committe on Environmental Affairs

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (9)

     Signed by Representatives Rust, Chair; Valle, Vice Chair; Allen, Brekke, Jesernig, Lux, Pruitt, Sprinkle and Unsoeld.

Minority Report:     Do not pass.  (5)

     Signed by Representatives Ferguson, May, Schoon, D. Sommers and Walker.

House Staff:Susan Gulick (786-7116)

AS PASSED HOUSE JANUARY 20, 1988

BACKGROUND:

Failing on-site septic systems can discharge bacteria and household chemicals to streams, groundwater, and eventually Puget Sound.  Failures occur because many soils in the Puget Sound region are poorly suited for conventional systems, because water tables are high, or because the systems are improperly designed, installed, or maintained.  Many older systems have failed because they were designed to serve as temporary units for summer cottages or until an area was sewered.  Today, approximately one-third of the residents in the Puget Sound basin are served by on-site systems.

New on-site septic systems must comply with local health regulations which can be no less stringent than the minimum regulations promulgated by the state Board of Health.  Most systems that are failing today were installed prior to the adoption of these state regulations in 1974 and are therefore generally exempt from these provisions.

State and local health agencies lack adequate funds for education and enforcement.  When enforcement actions are taken, prosecution rarely follows.  Existing regulations do not require system maintenance or inspections for proper functioning at the time of property transfers.

SUMMARY:

After July 1, 1988, sellers of real property in counties bordering on Puget Sound must inform the purchaser of the type of sewage disposal currently used on the property.  If the property is served by a septic tank, a report of the following information must be provided: 1) location of the septic tank, 2) drawings of the system, if available, 3) verification that the septic tank and drain field have been inspected within six months of closing, 4) results of the inspection, and 5) the date the septic tank was last pumped.  If an inspection has occurred in the past three years, the seller may submit an affidavit verifying this and is then not required to obtain another inspection.  A copy of the report must be provided to the local health agency.  A brief summary of this information must be completed by the local health agency and recorded by the seller with the title of the property.

The seller must provide the purchaser with a septic tank maintenance manual, to be developed by the Department of Social and Health Services (DSHS).  By January 1, 1988, DSHS will adopt rules to implement the provisions of this act.

Failure of the seller to provide the required information to the purchaser or the local health agency will not void the sale, but will make the seller liable to the purchaser for up to $7,500 in cost incurred by the purchaser within one year of the sale for any septic tank maintenance or replacement ordered by the local health agency, plus reasonable attorneys' fees.

Fiscal Note:    Requested February 3, 1987.

House Committee ‑ Testified For:     Puget Sound Water Quality Authority; Washington Association of Water and Wastewater Districts; Washington State Environmental Health Directors Association; Sierra Club; Department of Ecology; Department of Social and Health Services; Clallam County Health Department; Thurston County Health Department.

House Committee - Testified Against: Homebuilders Association; Island County Health Department.

House Committee - Testimony For:     This is a critical piece of legislation needed to implement the Puget Sound Water Quality Authority's management plan for Puget Sound.  Septic tanks provide a major contribution to the nonpoint pollution problem in Puget Sound.  Many septic tanks are failing without anyone noticing because there are limited inspection and maintenance requirements.

House Committee - Testimony Against: The bill creates unnecessary work for the local health departments and does little to protect public health or Puget Sound.  The bill is too difficult and cumbersome and may double the work of auditors.