WSR 97-20-100

PERMANENT RULES

STATE BOARD OF HEALTH

[Filed September 29, 1997, 4:25 p.m.]

Date of Adoption: September 16, 1997.

Purpose: Repeals the rules identified below because they are no longer necessary due to changed circumstances, they are redundant under other chapters, or because the statute on which the rule was created has been repealed.

WAC 246-203-080, this section is duplicative of Department of Ecology rules and authority, chapter 173-200 WAC.

WAC 246-203-090, this section is duplicative of Department of Ecology rules and authority, chapters 173-201A and 173-226 WAC.

WAC 246-203-110, this section is duplicative with the sewage code, chapter 246-272 WAC.

WAC 246-203-140, conflicts or redundant with Department of Ecology/state wetlands policy, chapter 183-22 [173-22] WAC.

WAC 246-203-150, duplicative with chapter 246-215 WAC, Food safety; chapter 246-290 WAC, Drinking water; chapter 246-282 WAC, Sewage; and chapter 173-304 WAC, Solid waste.

WAC 246-203-170, these rules are redundant with rules that already address zoning, air quality, wastewater, and other Department of Labor and Industries/Department of Ecology regulations.

WAC 246-271-070 and 246-271-080, these sections are duplicative with chapter 90.48 RCW regarding water quality.

WAC 246-280-040, this concept is covered adequately in WAC 246-280-030(1) Water quality criteria and standards.

WAC 246-280-050, meat sampling is not being done. Low priority parameter for assessing risk. Concept of chemical toxicity is covered adequately in WAC 246-280-020(2) Recreational shellfish beach classification.

WAC 246-280-080, this type of information is no longer needed because of changed circumstances. This type of information is more appropriate for placement in guidelines, not regulation.

WAC 246-290-680, contains requirements that are redundant to other parts of WAC 246-290-676.

WAC 246-360-060, this rule directs licensees to comply with chapter 70.90 RCW and chapter 246-260 WAC, Water recreation facilities. Other Department of Health rules, chapter 246-260 WAC, Water recreation facilities, govern the same activity, making this rule redundant.

WAC 246-360-170, directs licensees to comply with chapters 296-150A and 296-150B WAC, making the section duplicative.

WAC 246-360-210, this rule is restating the RCW, making this rule redundant. The inclusion of the separability clause in the rule is found in other facilities and services licensing rules, but it has been determined that this practice is unnecessary and redundant.

WAC 246-374-050, this regulation is duplicative of provisions in chapter 246-290 WAC, Public water supplies.

WAC 246-374-060, this regulation is duplicative of chapter 246-272 WAC.

WAC 246-374-080, this rule is duplicative of chapter 173-304 WAC.

WAC 246-374-100, this rule is duplicative of chapter 246-215 WAC, Food service and chapter 246-217 WAC, Food worker permits.

WAC 246-374-130, this rule is duplicative of WAC 246-260-180 Bathing beaches.

WAC 246-376-050, this section is duplicative with chapter 246-290 WAC, Public water supplies.

WAC 246-376-080, this section is duplicative with chapter 246-272 WAC.

WAC 246-376-100, this section is duplicative with chapter 246-215 WAC, Food service.

WAC 246-376-110, this section is duplicative with chapter 246-260 WAC, Water recreation facilities.

WAC 246-710-040, this section is not needed because the program is not an entitlement program, and by its very nature has ceilings placed upon it through the budget development process.

WAC 246-762-060, this section is redundant with RCW 28A.210.220.

WAC 246-762-070, this section is unnecessary because it reiterates and refers the reader back to RCW 28A.210.240 and 28A.210.230. RCW 28A.210.230 was repealed in 1991.

Citation of Existing Rules Affected by this Order: Chapter 246-203 WAC, General sanitation, this chapter addresses a wide range of sanitation issues, necessary to control the spread of communicable diseases. The sections selected for expedited repeal are WAC 246-203-080 Pollution of ground water prohibited, 246-203-090 Stream pollution, 246-203-110 Kitchen and laundry water, 246-203-140 Stagnant water, 246-203-150 Highway sanitation, and 246-203-170 Objectionable establishments and industrial wastes.

Chapter 246-271 WAC, Public sewage, provides the department the authority to regulate the planning, layout and operation of municipal wastewater systems. Provides the Department of Health with investigative powers to determine if a public water supply of public health may be impacted from a wastewater system and the authority to issue orders to correct the situation. The sections selected for expedited repeal are WAC 246-271-070 Operation of sewage treatment plants--Efficiency and 246-271-080 Operation of sewage treatment plants--Freedom from sand and silt.

Chapter 246-280 WAC, Recreational shellfish beaches, this chapter establishes procedures for evaluating the sanitary quality of recreational shellfish beaches. The sections selected for expedited repeal are WAC 246-280-040 Marine water quality testing, 246-280-050 Shellfish meat quality standards and testing, and 246-280-080 Public information and notification.

Chapter 246-290 WAC, Public water supplies, establishes fundamental requirements for public water systems, defined in accordance with the federal Safe Drinking Water Act, for facilities construction, system operation source and distribution monitoring, and recordkeeping; establishes water quality criteria for public health protection; delineates basic planning requirements for continued water system operation and reliability. The section selected for expedited repeal is WAC 246-290-680 Operating criteria for new water treatment facilities.

Chapter 246-360 WAC, Transient accommodations, this chapter regulates facilities offering three or more lodging units to guests for periods of less than one month; sets licensure and sanitation standards. The sections selected for expedited repeal are WAC 246-360-060 Swimming pools, spas, hot tubs, wading pools, bathing beaches, 246-360-170 Travel trailers and mobile homes, and 246-360-210 Separability.

Chapter 246-374 WAC, Outdoor music festivals, sets minimum sanitation standards for outdoor music festivals. The provisions for regulating food safety, sewage, and drinking water are covered under other existing rules. Local jurisdictions may enact ordinances to address specific music festival issues, including the administrative provision in this rule. The sections selected for expedited repeal are WAC 246-374-050 Water supply, 246-374-060 Sewage disposal, 246-374-080 Solid waste, 246-374-100 Food service, and 246-374-130 Water recreation standards.

Chapter 246-376 WAC, Camps, this rule sets minimum sanitation requirements for recreation, vacation and religious camps. It was developed before there were local zoning, subdivision or land use codes to cover the creation and operation of camps, parks and recreational vehicle sites. Sections of this rule are no longer needed because all counties must have a process in place to deal with subdivisions and land use, which include camps and parks. The sanitation elements of these activities are addressed in existing rules. Local jurisdictions may enact ordinances to address specific recreational camp issues. The sections selected for expedited repeal are WAC 246-376-050 Water supply, 246-376-080 Sewage and liquid waste disposal, 246-376-100 Food handling, and 246-376-110 Swimming pools, wading pools and bathing beaches.

Chapter 246-710 WAC, Coordinated children's services, this chapter establishes the State Board of Health role in implementing regulations to carry out the crippled childrens' services program administered by the Department of Social and Health Services. The section selected for expedited repeal is WAC 246-710-040 Funding ceilings for neuromuscular program and neuromuscular centers.

Chapter 246-762 WAC, Scoliosis screening--School districts, this chapter creates the examination process and requirements for the screening of scoliosis in school-age children. The sections selected for expedited repeal are WAC 246-762-060 Distribution of rules and procedures and 246-762-070 Exemptions from examinations--Screening waivers.

Statutory Authority for Adoption: RCW 43.20.050.

Adopted under preproposal statement of inquiry filed as WSR 97-14-057 on June 30, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 27.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

September 22, 1997

Sylvia Beck