FINAL BILL REPORT

SHB 1369

PARTIAL VETO

                                  C 349 L 89

BYHouse Committee on Environmental Affairs (originally sponsored by Representatives Brough and Rust)

Promoting improvements of waterfront sewer systems.

House Committe on Environmental Affairs

Senate Committee on Environment & Natural Resources

SYNOPSIS AS ENACTED

BACKGROUND:

The State Board of Health is authorized to adopt standards governing the design and operation of on-site sewage (septic tank) systems.  Permits are required for the installation, alteration, extension, or relocation of on-site sewage systems. Local boards of health issue these permits, enforce the standards, and may adopt more stringent local standards.

At many saltwater-front sites in the state, conventional on-site sewage systems are unsuitable because the lot is not large enough for the drainfield or because of a high water table, poor soil or other poor drainage conditions.  A variety of on-site sewage treatment technologies exist or are currently being developed as alternatives to conventional septic tank systems.  The Department of Social and Health Services (DSHS) has established a technical review committee to adopt guidelines for the use of these alternative systems.  An alternative system may be permitted for use if it is certified as meeting the committee's guidelines.

However, the size limitations or geological conditions at some saltwater-front sites are such that no alternative system is currently permitted.  Many owners of these saltwater-front sites would like to expand, remodel or replace their homes, but connection to an existing public sewer utility is not feasible because of the distance involved and formation of a community sewer system is expensive.

There is also concern about the increasing number of existing, failing on-site sewage systems on saltwater-front homes.  Effluent from these failing systems flows onto beaches and into shellfish beds and marine waters.  In 1988, the Legislature directed DSHS to propose rules identifying standards for repair of failing on-site sewage disposal systems at single family residences adjacent to marine waters.  DSHS presented a proposal to the State Board of Health in December of 1988.  The State Board of Health has not yet taken action on this proposal.

Pursuant to the direction of the Puget Sound Water Quality Authority Plan, the State Board of Health is in the process of revising its regulations for on-site sewage systems. DSHS estimates that the revisions will be complete in October.

SUMMARY:

Owners of single family residences which are adjacent to marine waters or from which untreated sewage is discharged directly into marine waters may remodel, expand, or replace the residence if the existing on-site sewage treatment facilities are repaired or replaced so that the resulting system meets specified statutory water quality discharge standards.  Residences expanded under these standards must use low-flow plumbing fixtures.

The State Board of Health and city and county legislative authorities are authorized to adopt more restrictive standards to ensure the protection of public health, shellfish, and other public resources and to ensure the attainment of water quality standards.

DSHS and city or county legislative authorities may identify geographic areas where it is necessary to implement more restrictive standards.  DSHS may propose, and city or county legislative authorities may adopt, standards for the design, construction, maintenance, and monitoring of sewage disposal systems. City and county legislative authorities may also adopt ordinances to limit the expansion of residences.

The House Environmental Affairs Committee and the Senate Environment & Natural Resources Committee, are directed to investigate on-site sewage regulation and practices and ways to ensure long-term maintenance and operation of these systems.  The committees are to report to the Legislature by the 1990 session.

The discharge standards specified in this act will not take effect if the State Board of Health adopts standards for the replacement and repair of sewage disposal systems located on property adjacent to marine waters by October 31, 1989.

VOTES ON FINAL PASSAGE:

      House 92   3

      Senate    42     2 (Senate amended)

      House 94   3 (House concurred)

EFFECTIVE:November 1, 1989

Partial Veto Summary:  An intent section allowing expansion of salt waterfront homes and a section directing legislative standing committees to conduct a study were vetoed.  (See VETO MESSAGE)