WSR 19-05-047
PROPOSED RULES
DEPARTMENT OF HEALTH
[Filed February 15, 2019, 7:45 a.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 246-272B-02000 Site review, predesign report, soil characterization, and site inspection, 246-272B-02100 Engineering, 246-272B-02550 LOSS modifications, 246-272B-04400 Plans and specifications, and 246-272B-05400 Post construction documentation, this proposal removes requirements for large on-site sewage systems (LOSS) applicants to provide hard copies when submitting documents to the department of health (department) for approval.
Hearing Location(s): On March 26, 2019, at 1:15 p.m., at the Department of Health, 111 Israel Road S.E., Room 158, Tumwater, WA 98501.
Date of Intended Adoption: April 2, 2019.
Submit Written Comments to: Peter Beaton, Department of Health, P.O. Box 47820, Olympia, WA 98504-7820, email https://fortress.wa.gov/doh/policyreview, by March 26, 2019.
Assistance for Persons with Disabilities: Contact Lisette Anson, phone 360-236-3382, TTY 360-833-6388 or 711, email lisette.anson@doh.wa.gov, by March 19, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The current rule requires applicants to submit a hard copy and an electronic copy of documents to the department when requesting approval. The department is proposing to remove the requirement for LOSS owners to submit hard copies. The proposal will reduce the cost burden on LOSS owners from having to submit redundant hard copies.
Reasons Supporting Proposal: The department can complete its review and approval process using the electronic documents. This makes the hard copy submittals unnecessary. This change is based on the department's goal of "going paperless."
Statutory Authority for Adoption: RCW 70.118B.020, 70.118B.040.
Statute Being Implemented: RCW 70.118B.020, 70.118B.040.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of health, governmental.
Name of Agency Personnel Responsible for Drafting: Peter Beaton, Department of Health, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4031; Implementation and Enforcement: Jeremy Simmons, Department of Health, 243 Israel Road S.E., Tumwater, WA 98501, 360-236-3346.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. The proposed rule amendment is a procedural rule and does not meet the definition of a legislatively significant rule because the proposal makes a change to the LOSS application process under RCW 43.05.328 (5)(c)(I) [34.05.328 (5)(c)(i)]. Therefore the requirement to develop a cost-benefit analysis does not apply.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.
February 13, 2019
Clark Halvorson
Assistant Secretary
AMENDATORY SECTION(Amending WSR 11-12-035, filed 5/25/11, effective 7/1/11)
WAC 246-272B-02000Site reviewPredesign report, soil characterization, and site inspection.
(1) The owner proposing a new LOSS shall submit to the department:
(a) ((Two hard copies and one))A copy, in electronic format acceptable to the department, of the predesign report that meets the requirements of WAC 246-272B-03000 ((and))that is prepared, stamped, signed, and dated by a design engineer; and
(b) The base fee as established in ((chapter 246-272 WAC, Wastewater and reclaimed water use fees))WAC 246-272-3000.
(2) After reviewing all submitted information, the department shall provide a written notice of determination to the owner.
(a) If the conceptual treatment design appears to be viable, the notice of determination must include an invoice for the inspection fee as established in ((chapter 246-272 WAC, Wastewater and reclaimed water use fees))WAC 246-272-3000, and instructions to proceed to the site inspection.
(b) If the conceptual treatment design is not viable, the notice of determination must include an invoice for all unpaid fees, the reasons for the determination, and a statement that the department is discontinuing review of the project.
(3) Upon receiving the notice to proceed, the owner may proceed with the site inspection. To proceed, the owner shall:
(a) Schedule the site inspection with the department, design engineer and the person who prepared the soil logs if different than the design engineer; and
(b) Pay the inspection fee established in ((chapter 246-272 WAC, Wastewater and reclaimed water use fees))WAC 246-272-3000.
(4) After receiving the fee, the department shall inspect the proposed LOSS site with the design engineer and the person who prepared the soil logs, if different than the design engineer, to:
(a) View test pits;
(b) Verify soil type and other predesign report information; and
(c) Determine if more information or changes are needed, including laboratory analysis of soil consistent with WAC 246-272B-03400.
(5) After reviewing all submitted information, the department shall provide a written notice of determination to the owner.
(a) If the department determines that the soil and site information is consistent with the conceptual treatment design, the notice of determination must include the maximum loading rate and instructions to proceed to the environmental review.
(b) If the department determines that the soil and site information is not consistent with the conceptual treatment design, the notice of determination must include an invoice for all unpaid fees, the reasons for the decision, and a statement that the department is discontinuing review of the project. Once the department discontinues review, the LOSS project ends. The department shall treat any future LOSS project submittals involving the same location as a new LOSS project subject to the requirements of subsection (1) of this section.
AMENDATORY SECTION(Amending WSR 11-12-035, filed 5/25/11, effective 7/1/11)
WAC 246-272B-02100Engineering.
(1) Upon receiving the department determination that the HGR contains sufficient information to determine the public health and environmental impacts of the LOSS and the LOSS is feasible, the owner may proceed with engineering. To proceed, the owner shall submit ((two hard copies and one))a copy, in ((an)) electronic format acceptable to the department, of ((an))the engineering report that meets the requirements of WAC 246-272B-04000, and a draft O&M manual that meets the requirements of WAC 246-272B-04200 that are prepared, stamped, signed, and dated by a design engineer.
(2) After reviewing all submitted information, the department shall provide a written notice of determination to the owner.
(a) If the department approves the engineering report and draft O&M manual, the notice of determination must include instructions to proceed to plans and specifications.
(b) If the department does not approve the engineering report and draft O&M manual, the notice of determination must include an invoice for all unpaid fees, the reasons for the decision, and a statement that the department is discontinuing review of the project.
(3) Upon receiving the notice to proceed, the owner may proceed with plans and specifications. To proceed, the owner shall submit ((to the department three hard copies and one))a copy, in ((an)) electronic format acceptable to the department, of plans and specifications that meet the requirements of WAC 246-272B-04400 that are prepared, stamped, signed, and dated by a design engineer.
(4) After reviewing all submitted information, the department shall provide a written notice of determination to the owner.
(a) If the department approves the plans and specifications, the notice of determination must include an invoice for unpaid fees, a copy of the department-approved plans and specifications, and instructions to submit a completed operating permit application.
(b) If the department does not approve the plans and specifications, the notice of determination must include an invoice for all unpaid fees and the reasons for the decision, and the department shall discontinue review of the project.
(5) If the department approves the plans and specifications, the department shall send a copy of the department-approved plans and specifications to the design engineer.
(6) The owner shall use department-approved plans and specifications for bidding and construction purposes.
AMENDATORY SECTION(Amending WSR 11-12-035, filed 5/25/11, effective 7/1/11)
WAC 246-272B-02550LOSS modifications.
(1) When a LOSS owner proposes a modification to the design, operation, or physical facilities, or when the department requires the owner to make such a modification, the owner shall consult with the department to determine the appropriate site review, environmental review, or engineering documents to prepare and submit.
(2) Based on consultation with the department, the owner proposing a LOSS modification shall submit to the department:
(a) ((Two hard copies and one))A copy, in electronic format acceptable to the department, ((that meets the requirements of this chapter of one or more of the following documents))of one or more of the following documents that meets the requirements of this chapter: Predesign report, SRS, HGR, engineering report, management plan, O&M manual; or
(b) ((Three hard copies and one))A copy, in electronic format acceptable to the department, of plans and specifications that meet the requirements of WAC 246-272B-04400; or
(c) Documents identified in subsection (2)(a) and (b) of this section; and
(d) The base fee as established in ((chapter 246-272 WAC, Wastewater and reclaimed water use fees))WAC 246-272-3000.
(3) The owner and department shall follow the process for preparing, submitting, reviewing, and approving site review, environmental review, and engineering submittals consistent with WAC 246-272B-02000, 246-272B-02050, and 246-272B-02100.
(4) The department shall notify the owner in writing of its decision to approve or deny the proposal to repair, expand, or otherwise modify a LOSS.
(5) If the department approves the proposal to repair, expand, or otherwise modify a LOSS where the existing and proposed design flow is 14,500 gpd or less, the department shall issue a notice to construct after receiving all unpaid fees, and the owner shall comply with the requirements of Part 5 of this chapter.
(6) If the department approves the proposal to repair or otherwise modify a LOSS where the existing design flow is more than 14,500 gpd, the flow will not increase, and waste strength will not change, the department shall issue a notice to construct after receiving all unpaid fees, and the owner shall comply with the requirements of Part 5 of this chapter.
(7) If the department approves the proposal to repair, expand, or otherwise modify a LOSS, the owner shall submit an operating permit application consistent with WAC 246-272B-02200, and provide public notice consistent with WAC 246-272B-02250 when:
(a) The proposed modification expands the design flow from 14,500 gpd or less to greater than 14,500 gpd; or
(b) The existing design flow is greater than 14,500 gpd and:
(i) The design flow increases; or
(ii) The waste strength characteristics change.
(8) If the proposal is denied, the notification must include the reasons for the denial.
(9) LOSS owners proposing modifications to the design, operation, or physical facilities identified in subsection (7) of this section shall follow applicable requirements of WAC 246-272B-02300 and 246-272B-02350.
(10) LOSS owners shall report any change in ownership or management entity to the department a minimum of thirty days prior to the change taking effect.
(11) Any new owner shall submit an application for a new operating permit, the permit fee, and a new management plan that meets the requirements of WAC 246-272B-04100 thirty days prior to assuming ownership.
(12) The department may approve or deny the change in ownership, notifying the owner of the decision in writing.
(a) If the department approves the change in ownership, it shall issue the new owner an operating permit within thirty days of receiving the new application and management plan.
(b) If the department denies the change in ownership, the notice of the decision must include the reasons for the decision.
(13) If the change in ownership is denied:
(a) The owner to whom the operating permit is issued may continue to operate the LOSS;
(b) The department may allow another person to operate the LOSS under a compliance agreement or order; or
(c) The department may direct the person operating the LOSS without a valid operating permit to discontinue operating the LOSS.
AMENDATORY SECTION(Amending WSR 11-12-035, filed 5/25/11, effective 7/1/11)
WAC 246-272B-04400Plans and specifications.
(1) Construction plans and specifications must be clear and detailed documents((. Hard copies must use a common engineering drawing size of 22 x 34 inches, 24 x 36 inches, or 11 x 17 inches))and in an electronic format acceptable to the department.
(2) Plans must include the following:
(a) Design flow, treatment level, drainfield and tank sizing, and hydraulic loading rate;
(b) LOSS schematic or flow diagram;
(c) Hydraulic profile of the LOSS; and
(d) Plan and profile views as applicable of all LOSS components.
(3) Plan sets must be scaled to clearly show all necessary information and include the following:
(a) A title sheet, plan and profile sheets, and other information that outlines and details the LOSS facilities design:
(i) Title block indicating the project title, owner's name, date, seal and signature of the design engineer;
(ii) Index to individual sheets;
(iii) Vicinity map with project site location;
(iv) Master site plan showing facilities served and general system layout; and
(v) List of abbreviations, definitions, and symbols used within the plans.
(b) A general statement that all work must be in conformance with the requirements of this chapter and other design and technical standards specified by the design engineer.
(4) Plan sheets must be consecutively numbered and include, as appropriate:
(a) A north arrow;
(b) Description of scale in text and with a graphical bar;
(c) A descriptive title and date;
(d) Plan views;
(e) Section views;
(f) Profile views;
(g) Elevations;
(h) Easement and franchise locations and boundaries;
(i) Component details;
(j) General layout; and
(k) Supplemental views.
(5) Sewage tanks and other treatment component plans and specifications must:
(a) Show location, dimensions, and elevations of all treatment and pumping units;
(b) Include detailed plan and cross-section views with dimensions;
(c) Include installation details including placement depth and bedding materials, and connections to the tank to minimize settling impacts;
(d) Include a detailed standard plan, including any related electrical components, and installation requirements for tanks designed for individual lots;
(e) Specify tank capacity, baffling, filters, risers and other appurtenances, liquid volume, emergency, scum and sludge volumes, float switch or other control component settings;
(f) Identify manufacturer and model for prefabricated tanks; and
(g) Include a statement that:
(i) Any substitutions must be approved by the design engineer; and
(ii) All prefabricated tanks must meet the requirements of chapter 246-272C WAC((, On-site sewage system tanks)).
(6) Plans and specifications must include design and structural calculations and all necessary construction information for tanks constructed on-site.
(7) Plans and specifications for collection and transmission piping must specify:
(a) Pipe type, material and size;
(b) Pipe elevations;
(c) Depth from grade and slope if applicable;
(d) Installation details including placement depth and bedding materials;
(e) Location and detail for all cleanouts and other appurtenances;
(f) Horizontal setbacks from all other utility piping; and
(g) All water-sewer crossing detail and instructions.
(8) Plans for the drainfield component must:
(a) Use an appropriate scale of 1:50 or less;
(b) Show plan view of trenches or beds in relation to site topography, showing contours on maximum two-foot intervals;
(c) Show trench or bed:
(i) Length;
(ii) Separations;
(iii) Pipe size, materials, and configuration; and
(iv) Detail of orifice size, spacing and orientation.
(d) Show locations of numbered test pits and test wells, if any, in relation to primary and reserve drainfields; and
(e) Show trench or bed profile with width, depth, piping, cover and any features such as sand, gravel, geotextile, chambers.
(9) Plans for alarm systems must:
(a) Show location of panels and alarms; and
(b) Identify manufacturer and model number of panel.
(10) Plans for flow metering must show:
(a) Valve locations;
(b) Access boxes to grade; and
(c) Any special installation instructions.
(11) Plans must show all electrical components and include a statement that all components meet applicable state or federal codes.
(12) Plan notes must include quality assurance, inspection, and testing:
(a) Where appropriate, the installer shall provide documentation to the design engineer that sand or other media meets specifications;
(b) The design engineer or authorized representative shall inspect the work during construction;
(c) The design engineer shall schedule a final inspection and drainfield pressure test witnessed by the department prior to cover; and
(d) The installer shall call for a special inspection for the following type of work:
(i) Poured-in-place septic tanks and pump chambers and other special containment vessels;
(ii) Proprietary treatment or distribution components;
(iii) Any special excavation requirements;
(iv) Placement of select fill material or final elevation of fill;
(v) Testing of the pressure distribution network prior to final inspection;
(vi) Pressure testing of all piping; and
(vii) Water tightness testing of all tanks.
(13) All LOSS construction specifications must be in conformance with state or nationally recognized standards. Examples include, American Public Works Association standards, Ten States Standards, Department of Ecology's Criteria for Sewage Works Design, Department of Transportation's Standard Specifications for Road, Bridge, and Municipal Construction, and the department's recommended standards and guidance.
(14) Specifications must include all construction information not shown on the plans and necessary to inform the installer of the design requirements including, but not limited to:
(a) The quality of materials;
(b) Workmanship and fabrication of the project;
(c) Type, size, strength, operating characteristics, and rating of equipment;
(d) Allowable leakage for testing gravity sewer pipe;
(e) Electrical apparatus and wiring components;
(f) Meters;
(g) Operating tools;
(h) Construction materials;
(i) Special filter or drainfield media other than native soil;
(j) Other appurtenances;
(k) Instructions for testing materials and equipment as needed to meet design standards; and
(l) LOSS component and process testing to confirm functionality prior to department final inspection.
AMENDATORY SECTION(Amending WSR 11-12-035, filed 5/25/11, effective 7/1/11)
WAC 246-272B-05400Post-construction documentation.
Post-construction documents must include the following:
(1) A LOSS construction completion report prepared by the design engineer that:
(a) Is on a form provided by the department;
(b) States the LOSS was constructed in substantial accordance with the approved plans and specifications; and
(c) Notes changes from the approved plans and specifications, if any.
(2) LOSS record drawings, in electronic format acceptable to the department, that((:
(a) Include one hard copy in a common engineering drawing size of 22 x 34 inches, 24 x 36 inches, or 11 x 17 inches, and one copy in electronic format; and
(b)))are scaled to clearly show all necessary information.
(3) The final management plan that meets the requirements of WAC 246-272B-04100.
(4) A final O&M manual for the installed LOSS that meets the requirements of WAC 246-272B-04200.