WSR 05-09-002

PROPOSED RULES

STATE BOARD OF HEALTH


[ Filed April 7, 2005, 8:14 a.m. ]

     Continuance of WSR 05-02-082.

     Preproposal statement of inquiry was filed as WSR 02-03-137.

     Title of Rule and Other Identifying Information: Chapter 246-272A WAC, Onsite sewage systems, this chapter contains the design, installation and operation requirements for onsite sewage systems handling 3,500 gallons per day and under; specific criteria for proprietary product registration; and direction to local health jurisdictions to develop an onsite sewage system management plan.

     Hearing Location(s): Alderbrook Resort, 10 East Alderbook [Alderbrook] Drive, Union, WA 98592, on May 11, 2005, at 1:30 p.m.

     Date of Intended Adoption: May 11, 2005.

     Assistance for Persons with Disabilities: Contact Desiree Robinson by May 1, 2005, TTY (800) 833-6388 or (360) 236-4107.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this continuance is to allow the board additional time to fully assess input received during the public comment period, which concluded at the board's March 9 meeting. The board will continue discussion on this item at its May 11, 2005, meeting. At that time, it will decide whether to adopt the rule, file a supplemental proposal with another public comment period, or take some other course of action. Interested persons may view the meeting agenda at http://www.sboh.wa.gov.

     The proposed rule is intended to protect the public health by updating the design, installation and operation requirements for onsite sewage systems. The proposed changes were based on new understanding of the technology that has emerged since the last time the rule was revised, in 1995. The proposal moves the specific criteria for registering the various types of products and technologies from guidance to rule. The proposal also requires local health jurisdictions to write an onsite sewage management plan. High-risk (marine shoreline) counties are required to complete a more extensive plan.

     Reasons Supporting Proposal: The proposed rule will help ensure: The requirements for onsite systems reflect current technology; new systems are appropriate to the types of soils in which they are situated; and local health jurisdictions are able to identify existing and new systems in their communities. These changes will help prevent public health risks that occur when sewage systems are not designed, installed and operated properly. The changes will specifically help protect public health by reducing the health risks associated with inadequately treated sewage contaminating groundwater, surface water, or the ground with bacteria, viruses or other pathogens.

     Statutory Authority for Adoption: RCW 43.20.050.

     Statute Being Implemented: RCW 43.20.050.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Washington State Board of Health and Washington State Department of Health, governmental.

     Name of Agency Personnel Responsible for Drafting: Kelly Cooper, 7171 Clearwater Lane, Building 2, Tumwater, WA 98504, (360) 236-3012; Implementation and Enforcement: Maryanne Guichard, 7171 Clearwater Lane, Building 4, Tumwater, WA 98504, (360) 236-3391.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

     [See WSR 05-02-082.]

     A copy of the statement may be obtained by contacting Kelly Cooper, P.O. Box 47820, Olympia, WA 98504, phone (360) 236-3012, fax (360) 236-2250, e-mail Kelly.cooper@doh.wa.gov.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Kelly Cooper, P.O. Box 47820, Olympia, WA 98504, phone (360) 236-3012, fax (360) 236-2250, e-mail Kelly.cooper@doh.wa.gov.

April 4, 2005

Craig McLaughlin

Executive Director

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