Loading (50 kb)...'
(continued) rent from the design approved for the initial OSS, if both designs meet the requirements of this chapter for new construction.
[Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-0230, filed 7/18/05, effective 7/1/07.]
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246-272A-0232
Design requirements — Septic tank sizing.
Septic tanks shall:
(1) Have at least two compartments with the first compartment liquid volume equal to one-half to two-thirds of the total liquid volume. This standard may be met by one tank with two compartments or by two single compartment tanks in series.
(2) Have the following minimum liquid volumes:
(a) For a single family residence use Table VII, Required Minimum Liquid Volumes of Septic Tanks:
TABLE VII
Required Minimum Liquid Volumes of Septic Tanks
Number of Bedrooms Required Minimum Liquid Tank Volume in Gallons
=3 900
4 1000
Each additional bedroom 250
(b) For OSS treating sewage from a residential source, other than one single-family residence, two hundred fifty gallons per bedroom with a minimum of one thousand gallons;
(c) For OSS treating sewage from a nonresidential source, three times the design flow.
[Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-0232, filed 7/18/05, effective 7/1/07.]
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246-272A-0234
Design requirements — Soil dispersal components.
(1) All soil dispersal components, except one using a subsurface dripline product, shall be designed to meet the following requirements:
(a) Maximum hydraulic loading rates shall be based on the rates described in Table VIII;
TABLE VIII
Maximum Hydraulic Loading Rate
Soil Type Soil Textural Classification Description Loading Rate for Residential Effluent Using Gravity or Pressure Distribution
gal./sq. ft./day
1 Gravelly and very gravelly coarse sands, all extremely gravelly soils excluding soil types 5 & 6, all soil types with greater than or equal to 90% rock fragments. 1.0
2 Coarse sands. 1.0
3 Medium sands, loamy coarse sands, loamy medium sands. 0.8
4 Fine sands, loamy fine sands, sandy loams, loams. 0.6
5 Very fine sands, loamy very fine sands; or silt loams, sandy clay loams, clay loams and silty clay loams with a moderate structure or strong structure (excluding a platy structure). 0.4
6 Other silt loams, sandy clay loams, clay loams, silty clay loams. 0.2
7 Sandy clay, clay, silty clay and strongly cemented firm soils, soil with a moderate or strong platy structure, any soil with a massive structure, any soil with appreciable amounts of expanding clays. Not suitable
(b) Calculation of the absorption area is based on:
(i) The design flow in WAC 246-272A-0230(2); and
(ii) Loading rates equal to or less than those in Table VIII applied to the infiltrative surface of the soil dispersal component or the finest textured soil within the vertical separation selected by the designer, whichever has the finest texture.
(c) Requirements for the method of distribution shall correspond to those in Table VI.
(d) Soil dispersal components having daily design flow between one thousand and three thousand five hundred gallons of sewage per day shall:
(i) Only be located in soil types 1-5;
(ii) Only be located on slopes of less than thirty percent, or seventeen degrees; and
(iii) Have pressure distribution including time dosing.
(2) All soil dispersal components using a subsurface dripline product must be designed to meet the following requirements:
(a) Calculation of the absorption area is based on:
(i) The design flow in WAC 246-272A-0230(2);
(ii) Loading rates that are dependent on the soil type, other soil and site characteristics, and the spacing of dripline and emitters;
(b) The dripline must be installed a minimum of six inches into original, undisturbed soil;
(c) Timed dosing; and
(d) Soil dispersal components having daily design flows greater than one thousand gallons of sewage per day may:
(i) Only be located in soil types 1-5;
(ii) Only be located on slopes of less than thirty percent, or seventeen degrees.
(3) All SSAS shall meet the following requirements:
(a) The infiltrative surface may not be deeper than three feet below the finished grade, except under special conditions approved by the local health officer. The depth of such system shall not exceed ten feet from the finished grade;
(b) A minimum of six inches of sidewall must be located in original undisturbed soil;
(c) Beds are only designed in soil types 1, 2, 3 or in fine sands with a width not exceeding ten feet;
(d) Individual laterals greater than one hundred feet in length must use pressure distribution;
(e) A layer of between six and twenty-four inches of cover material; and
(f) Other features shall conform with the "On-site Wastewater Treatment Systems Manual," United States Environmental Protection Agency EPA-625/R-00/008 February 2002 (available upon request to the department) except where modified by, or in conflict with this section or local regulations.
(4) For SSAS with drainrock and distribution pipe:
(a) A minimum of two inches of drainrock is required above the distribution pipe;
(b) The sidewall below the invert of the distribution pipe is located in original undisturbed soil.
(5) The local health officer may allow the infiltrative surface area in a SSAS to include six inches of the SSAS sidewall height when meeting the required absorption area where total recharge by annual precipitation and irrigation is less than twelve inches per year.
(6) The local health officer may permit systems consisting solely of a septic tank and a gravity SSAS in soil type 1 if all the following criteria are met:
(a) The system serves a single-family residence;
(b) The lot size is greater than two and one-half acres;
(c) Annual precipitation in the region is less than twenty-five inches per year as described by "Washington Climate" published jointly by the Cooperative Extension Service, College of Agriculture, and Washington State University (available for inspection at Washington state libraries);
(d) The system is located outside the twelve counties bordering Puget Sound; and
(e) The geologic conditions beneath the dispersal component must satisfy the minimum unsaturated depth requirements to ground water as determined by the local health officer. The method for determination is described by "Design Guideline for Gravity Systems in Soil Type 1" (available upon request to the department).
(7) The local health officer may increase the loading rate in Table VIII up to a factor of two for soil types 1-4 and up to a factor of 1.5 for soil types 5 and 6 if a product tested to meet treatment level D is used. This reduction may not be combined with any other SSAS size reductions.
(8)(a) The primary and reserve areas must be sized to at least one hundred percent of the loading rates listed in Table VIII.
(b) However, the local health officer may allow a legal lot of record created prior to the effective date of this chapter that cannot meet this primary and reserve area requirement to be developed if all the following conditions are met:
(i) The lot cannot meet the minimum primary and reserve area requirements due to the loading rates for medium sand, fine sand and very fine sand listed in Table VIII of this chapter;
(ii) The primary and reserve areas are sufficient to allow installation of a SSAS using maximum loading rates of 1.0 gallons/square foot per day for medium sand, 0.8 gallons/square foot/day for fine sand, and 0.6 gallons/square foot/day for very fine sand; and
(iii) A treatment product meeting at least Treatment Level D and pressure distribution with timed-dosing is used.
[Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-0234, filed 7/18/05, effective 7/1/07.]
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246-272A-0238
Design requirements — Facilitate operation, monitoring and maintenance.
(1) The OSS must be designed to facilitate operation, monitoring and maintenance according to the following criteria:
(a) For gravity systems, septic tank access for maintenance and inspection at finished grade is required. If effluent filters are used, access to the filter at finished grade is required. The local health officer may allow access for maintenance and inspection of a system consisting of a septic tank and gravity flow SSAS to be a maximum of six inches below finished grade provided a marker showing the location of the tank access is installed at finished grade.
(b) For all other systems, service access and monitoring ports at finished grade are required for all system components. Specific component requirements include:
(i) Septic tanks must have service access manholes and monitoring ports for the inlet and outlet. If effluent filters are used, access to the filter at finished grade is required;
(ii) Surge, flow equalization or other sewage tanks must have service access manholes;
(iii) Other pretreatment units (such as aerobic treatment units and packed-bed filters) must have service access manholes and monitoring ports;
(iv) Pump chambers, tanks and vaults must have service access manholes;
(v) Disinfection units must have service access and be installed to facilitate complete maintenance and cleaning; and
(vi) Soil dispersal components shall have monitoring ports for both distribution devices and the infiltrative surface.
(c) For systems using pumps, clearly accessible controls and warning devices are required including:
(i) Process controls such as float and pressure activated pump on/off switches, pump-run timers and process flow controls;
(ii) Diagnostic tools including dose cycle counters and hour meters on the sewage stream, or flow meters on either the water supply or sewage stream; and
(iii) Audible and visual alarms designed to alert a resident of a malfunction. The alarm must be placed on a circuit independent of the pump circuit.
(2) All accesses must be designed to allow for monitoring and maintenance and shall be secured to minimize injury or unauthorized access in a manner approved by the local health officer.
[Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-0238, filed 7/18/05, effective 7/1/07.]
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246-272A-0240
Holding tank sewage systems.
(1) A person may not install or use holding tank sewage systems for residential development or expansion of residences, whether seasonal or year-round, except as set forth under subsection (2) of this section.
(2) The local health officer may approve installation of holding tank sewage systems only:
(a) For permanent uses limited to controlled, part-time, commercial usage situations, such as recreational vehicle parks and trailer dump stations;
(b) For interim uses limited to handling of emergency situations; or
(c) For repairs as permitted under WAC 246-272A-0280 (1)(c)(i).
(3) A person proposing to use a holding tank sewage system shall:
(a) Follow design criteria established by the department;
(b) Submit a management program to the local health officer assuring ongoing operation, monitoring and maintenance before the local health officer issues the installation permit; and
(c) Use a holding tank reviewed and approved by the department.
[Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-0240, filed 7/18/05, effective 7/1/07.]
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246-272A-0250
Installation.
(1) Only installers may construct OSS, except as noted under subsection (2) of this section.
(2) The local health officer may allow the resident owner of a single-family residence not adjacent to a marine shoreline to install the OSS for that single-family residence.
(3) The installer described by either subsection (1) or (2) of this section shall:
(a) Follow the approved design;
(b) Have the approved design in possession during installation;
(c) Make no changes to the approved design without the prior authorization of the designer and the local health officer;
(d) Only install septic tanks, pump chambers, and holding tanks approved by the department;
(e) Be on the site at all times during the excavation and construction of the OSS;
(f) Install the OSS to be watertight, except for the soil dispersal component;
(g) Cover the installation only after the local health officer has given approval to cover; and
(h) Back fill with six to twenty-four inches of cover material and grade the site to prevent surface water from accumulating over any component of the OSS.
[Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-0250, filed 7/18/05, effective 7/1/07.]
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246-272A-0260
Inspection.
(1) For all activities requiring a permit, the local health officer shall:
(a) Visit the OSS site during the site evaluation, construction, or final construction inspection;
(b) Either inspect the OSS before cover or allow the designer of the OSS to perform the inspection before cover if the designer is not also named as installer of the system.
(c) Keep the record drawings on file, with the approved design documents.
(2) The person responsible for the final construction inspection shall assure the OSS meets the approved design.
[Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-0260, filed 7/18/05, effective 7/1/07.]
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246-272A-0265
Record drawings.
Upon completion of the new construction, alteration or repair of the OSS, a complete and detailed record drawing shall be submitted to both the health officer and the OSS owner that includes at a minimum the following:
(1) Measurements and directions accurate to 1/2 foot, unless otherwise determined by the local health officer, to assure the following parts of the OSS can be easily located:
(a) All sewage tank openings requiring access;
(b) The ends, and all changes in direction, of installed and found buried pipes and electrical cables that are part of the OSS; and
(c) Any other OSS component which, in the judgment of the health officer or the designer, must be accessed for observation, maintenance, or operation;
(2) Location and dimensions of reserve area;
(3) Record that materials and equipment meet the specifications contained in the design;
(4) Initial settings of electrical or mechanical devices that must be known to operate the system in the manner intended by the designer or installer; and
(5) For proprietary products, manufacturer's standard product literature, including performance specifications and maintenance recommendations needed for operation, monitoring, maintenance or repair of the OSS.
[Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-0265, filed 7/18/05, effective 7/1/07.]
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246-272A-0270
Operation, monitoring, and maintenance — Owner responsibilities.
(1) The OSS owner is responsible for operating, monitoring, and maintaining the OSS to minimize the risk of failure, and to accomplish this purpose, shall:
(a) Obtain approval from the local health officer before repairing, altering or expanding an OSS;
(b) Secure and renew contracts for periodic maintenance where required by the local health jurisdiction;
(c) Obtain and renew operation permits if required by the local health jurisdiction;
(d) Assure a complete evaluation of the system components and/or property to determine functionality, maintenance needs and compliance with regulations and any permits:
(i) At least once every three years for all systems consisting solely of a septic tank and gravity SSAS;
(ii) Annually for all other systems unless more frequent inspections are specified by the local health officer;
(e) Employ an approved pumper to remove the septage from the tank when the level of solids and scum indicates that removal is necessary;
(f) Provide maintenance and needed repairs to promptly return the system to a proper operating condition;
(g) Protect the OSS area and the reserve area from:
(i) Cover by structures or impervious material;
(ii) Surface drainage, and direct drains, such as footing or roof drains. The drainage must be directed away from the area where the OSS is located;
(iii) Soil compaction, for example by vehicular traffic or livestock; and
(iv) Damage by soil removal and grade alteration;
(h) Keep the flow of sewage to the OSS at or below the approved operating capacity and sewage quality;
(i) Operate and maintain systems as directed by the local health officer;
(j) Request assistance from the local health officer upon occurrence of a system failure or suspected system failure; and
(k) At the time of property transfer, provide to the buyer, maintenance records, if available, in addition to the completed seller disclosure statement in accordance with chapter 64.06 RCW for residential real property transfers.
(2) Persons shall not:
(a) Use or introduce strong bases, acids or chlorinated organic solvents into an OSS for the purpose of system cleaning;
(b) Use a sewage system additive unless it is specifically approved by the department; or
(c) Use an OSS to dispose of waste components atypical of sewage from a residential source.
[Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-0270, filed 7/18/05, effective 7/1/07.]
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246-272A-0275
Operation, monitoring, and maintenance — Food service establishments.
The local health officer shall require annual inspections of OSS serving food service establishments and may require pumping as needed.
[Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-0275, filed 7/18/05, effective 7/1/07.]
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246-272A-0280
Repair of failures.
(1) When an OSS failure occurs, the OSS owner shall:
(a) Repair or replace the OSS with a conforming system or component, or a system meeting the requirements of Table IX either on the:
(i) Property served; or
(ii) Nearby or adjacent property if easements are obtained; or
(b) Connect the residence or facility to a:
(i) Publicly owned LOSS;
(ii) Privately owned LOSS where it is deemed economically feasible; or
(iii) Public sewer; or
(c) Perform one of the following when requirements in (a) and (b) of this subsection are not feasible:
(i) Use a holding tank; or
(ii) Obtain a National Pollution Discharge Elimination System or state discharge permit from the Washington state department of ecology issued to a public entity or jointly to a public entity and the system owner only when the local health officer determines:
(A) An OSS is not feasible; and
(B) The only realistic method of final dispersal of treated effluent is discharge to the surface of the land or into surface water; or
(iii) Abandon the property.
(2) Prior to repairing the soil dispersal component, the OSS owner shall develop and submit information required under WAC 246-272A-0200(1).
(3) The local health officer shall permit a system that meets the requirements of Table IX only if the following are not feasible:
(a) Installation of a conforming system or component; and
(b) Connection to either an approved LOSS or a public sewer.
(4) The person responsible for the design shall locate and design repairs to:
(a) Meet the requirements of Table IX if the effluent treatment and soil dispersal component to be repaired or replaced is closer to any surface water, well, or spring than prescribed by the minimum separation required in Table IV of WAC 246-272A-0210(1). Pressure distribution with timed dosing in the soil dispersal component is required in all cases where a conforming system is not feasible.
TABLE IX
Treatment Component Performance Levels for Repair of OSS Not Meeting
Vertical and Horizontal Separations1
Vertical
Separation
(in inches) Horizontal Separation2
< 25 feet 25 < 50 feet 50 < 100 feet3 =100 feet
Soil Type Soil Type Soil Type Soil Type
1 2 3-6 1 2 3-6 1 2 3-6 1 2 3-6
< 12 A A A A A A A A B B B B
= 12 < 18 A A A A B B A B B
= 18 < 24 A A A A B B A B C Conforming
= 24 < 36 A B B B C C B C C Systems
= 36 A B B B C C B C E
1The treatment component performance levels correspond with those established for treatment components under the product performance testing requirements in Table III of WAC 246-272A-0110.
2The horizontal separation indicated in Table IX is the distance between the soil dispersal component and the surface water, well, or spring. If the soil dispersal component is up-gradient of a surface water, well, or spring to be used as a potable water source, or beach where shellfish are harvested, the next higher treatment level shall apply unless treatment level A is already required.
3On a site where there is a horizontal setback of 75 - 100 feet between an OSS dispersal component and an individual water well, individual spring, nonmarine surface water or surface water that is not a public water source and a vertical separation of greater than twelve inches, a conforming system that complies with WAC 246-272A-0210(4) shall be installed if feasible.
(b) Protect drinking water sources and shellfish harvesting areas;
(c) Minimize nitrogen discharge in areas where nitrogen has been identified as a contaminant of concern in the local plan under WAC 246-272A-0015;
(d) Prevent the direct discharge of sewage to ground water, surface water, or upon the surface of the ground;
(e) Meet the horizontal separations under WAC 246-272A-0210(1) to public drinking water sources;
(f) Meet other requirements of this chapter to the maximum extent permitted by the site; and
(g) Maximize the:
(i) Vertical separation;
(ii) Distance from a well, spring, or suction line; and
(iii) Distance to surface water.
(5) Prior to designing the repair system, the designer shall consider the contributing factors of the failure to enable the repair to address identified causes.
(6) If the vertical separation is less than twelve inches, the local health officer may permit ASTM C-33 sand or coarser to be used as fill to prevent direct discharge of treated effluent to ground water, surface water, or upon the surface of the ground.
(7) For a repair using the requirements of Table IX, disinfection may not be used to achieve the fecal coliform requirements to meet:
(a) Treatment levels A or B where there is less than eighteen inches of vertical separation;
(b) Treatment levels A or B in type 1 soils; or
(c) Treatment level C.
(8) The local health officer shall identify repair permits meeting the requirements of Table IX for the purpose of tracking future performance.
(9) An OSS owner receiving a repair permit for a system meeting the requirements of Table IX from the local health officer shall:
(a) Immediately report any failure to the local health officer;
(b) Comply with all local and state requirements stipulated on the permit.
[Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-0280, filed 7/18/05, effective 7/1/07.]
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246-272A-0290
Expansions.
(1) The local health officer shall require an OSS and a reserve area in full compliance with the new system construction standards specified in this chapter for an expansion of a residence or other facility.
(2) A local health officer may allow expansion of an existing on-site sewage system adjacent to a marine shoreline that does not meet the minimum horizontal separation between the soil dispersal component and the ordinary high-water mark required by WAC 246-272A-0210, Table IV, provided that:
(a) The system meets all requirements of WAC 246-272A-0230, 246-272A-0232, 246-272A-0234, and 246-272A-0238;
(b) The system complies with all other requirements of WAC 246-272A-0210 and this section;
(c) Horizontal separation between the soil dispersal component and the ordinary high-water mark is fifty feet or greater; and
(d) Vertical separation is two feet or greater.
[Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-0290, filed 7/18/05, effective 7/1/07.]
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246-272A-0300
Abandonment.
Persons permanently abandoning a septic tank, seepage pit, cesspool, or other sewage container shall:
(1) Have the septage removed by an approved pumper;
(2) Remove or destroy the lid; and
(3) Fill the void with soil or gravel.
[Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-0300, filed 7/18/05, effective 7/1/07.]
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246-272A-0310
Septage management.
(1) The local health officer shall approve an individual before they may remove septage from an OSS.
(2) Persons removing septage from an OSS shall:
(a) Transport septage or sewage only in vehicles clearly identified with the name of the business and approved by the local health officer;
(b) Record and report septage removal as required by the local health officer; and
(c) Dispose of septage, or apply septage biosolids to land only in a manner consistent with applicable laws.
[Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-0310, filed 7/18/05, effective 7/1/07.]
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246-272A-0320
Developments, subdivisions, and minimum land area requirements.
(1) A person proposing a subdivision where the use of OSS is planned shall obtain a recommendation for approval from the local health officer as required by RCW 58.17.150.
(2) The local health officer shall require the following prior to approving any development:
(a) Site evaluations as required under WAC 246-272A-0220, excluding subsections (3)(a)(i) and (4)(d);
(b) Where a subdivision with individual wells is proposed:
(i) Configuration of each lot to allow a one hundred-foot radius water supply protection zone to fit within the lot lines; or
(ii) Establishment of a one hundred-foot protection zone around each existing and proposed well site;
(c) Where preliminary approval of a subdivision is requested, provision of at least one soil log per proposed lot, unless the local health officer determines existing soils information allows fewer soil logs;
(d) Determination of the minimum lot size or minimum land area required for the development using Method I and/or Method II:
METHOD I. Table X, Single-Family Residence Minimum Lot Size or Minimum Land Area Required Per Unit Volume of Sewage, shows the minimum lot size required per single-family residence. For developments other than single-family residences, the minimum land areas shown are required for each unit volume of sewage. However, the local health officer may require larger lot sizes where the local health officer has identified nitrogen as a concern either through planning activities described in WAC 246-272A-0015 or another process.
TABLE X
Minimum Land Area Requirement
Single-Family Residence or Unit Volume of Sewage
Type of Water Supply Soil Type (defined by WAC 246-272A-0220)
1 2 3 4 5 6
Public 0.5 acre 12,500 sq. ft. 15,000 sq. ft. 18,000 sq. ft. 20,000 sq. ft. 22,000 sq. ft.
2.5 acre1
Individual, on each lot 1.0 acre 1 acre 1 acre 1 acre 2 acres 2 acres
2.5 acres1
1See WAC 246-272A-0234(6).
METHOD II. A minimum land area proposal using Method II is acceptable only when the applicant:
(i) Justifies the proposal through a written analysis of the:
(A) Soil type and depth;
(B) Area drainage, and/or lot drainage;
(C) Public health impact on ground and surface water quality;
(D) Setbacks from property lines, water supplies, etc.;
(E) Source of domestic water;
(F) Topography, geology, and ground cover;
(G) Climatic conditions;
(H) Availability of public sewers;
(I) Activity or land use, present, and anticipated;
(J) Growth patterns;
(K) Reserve areas for additional subsurface treatment and dispersal;
(L) Anticipated sewage volume;
(M) Compliance with current planning and zoning requirements;
(N) Types of proposed systems or designs, including the use of systems designed for removal of nitrogen;
(O) Existing encumbrances, such as those listed in WAC 246-272A-0200 (1)(c)(v) and 246-272A-0220 (2)(a)(vii); and
(P) Estimated nitrogen loading from OSS effluent to existing ground and surface water;
(Q) Any other information required by the local health officer.
(ii) Shows development with public water supplies having:
(A) At least twelve thousand five hundred square feet lot sizes per single-family residence;
(B) No more than 3.5 unit volumes of sewage per day per acre for developments other than single-family residences; and
(iii) Shows development with individual water supplies having at least one acre per unit volume of sewage; and
(iv) Shows land area under surface water is not included in the minimum land area calculation; and
(e) Regardless of which method is used for determining required minimum lot sizes or minimum land area, submittal to the health officer of information consisting of field data, plans, and reports supporting a conclusion the land area provided is sufficient to:
(i) Install conforming OSS;
(ii) Assure preservation of reserve areas for proposed and existing OSS;
(iii) Properly treat and dispose of the sewage; and
(iv) Minimize public health effects from the accumulation of contaminants in surface and ground water.
(3) The department shall develop guidelines for the application of Method II by (insert date one year from the effective date).
(4) The local health officer shall require lot areas of twelve thousand five hundred square feet or larger except when a person proposes:
(a) OSS within the boundaries of a recognized sewer utility having a finalized assessment roll; or
(b) A planned unit development with:
(i) A signed, notarized, and recorded deed covenant restricting any development of lots or parcels above the approved density with the overall density meeting the minimum land area requirements of subsection (2)(d) of this section;
(ii) A public entity responsible for operation and maintenance of the OSS, or a single individual owning the OSS;
(iii) Management requirements under chapter 246-272B WAC when installing a LOSS; and
(iv) Extinguishment of the deed covenant and higher density development allowed only when the development connects to public sewers.
(5) The local health officer may:
(a) Allow inclusion of the area to the centerline of a road or street right of way in a Method II determination under subsection (2)(d) of this section to be included in the minimum land area calculation if:
(i) The dedicated road or street right of ways are along the perimeter of the development;
(ii) The road or street right of ways are dedicated as part of the proposed development; and
(iii) Lots are at least twelve thousand five hundred square feet in size.
(b) Require detailed plot plans and OSS designs prior to final approval of subdivision proposals;
(c) Require larger land areas or lot sizes to achieve public health protection;
(d) Prohibit development on individual lots within the boundaries of an approved subdivision if the proposed OSS design does not protect public health by meeting requirements of these regulations; and
(e) Permit the installation of an OSS, where the minimum land area requirements or lot sizes cannot be met, only when all of the following criteria are met:
(i) The lot is registered as a legal lot of record created prior to the effective date of this chapter;
(ii) The lot is outside an area identified by the local plan developed under WAC 246-272A-0015 where minimum land area has been listed as a design parameter necessary for public health protection; and
(iii) The proposed system meets all requirements of these regulations other than minimum land area.
(6) The use of a reduced-sized SSAS does not provide for a reduction in the minimum land area requirements established in this section. Site development incorporating reduced-sized SSAS must meet the minimum land area requirements established in state and local codes.
[Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-0320, filed 7/18/05, effective 7/1/07.]
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246-272A-0340
Certification of installers, pumpers, and maintenance service providers.
(1) OSS installers and pumpers must obtain approval from the local health officer prior to providing services within a local health jurisdiction.
(2) Local health officer may establish programs and requirements for approving maintenance service providers.
[Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-0340, filed 7/18/05, effective 7/1/07.]
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246-272A-0400
Technical advisory committee.
(1) The department shall:
(a) Maintain a technical advisory committee to advise the department regarding:
(i) OSS design and siting;
(ii) Public domain technologies and recommended standards and guidance for their use; and
(iii) Testing and design standards used for proprietary product registration and recommended standards and guidance for use of proprietary products.
(b) Select members for the technical advisory committee with technical or scientific knowledge applicable to OSS from agencies, professions, and organizations including:
(i) Local health departments;
(ii) Engineering firms;
(iii) The department of ecology;
(iv) Land sales, development and building industries;
(v) Public sewer utilities;
(vi) On-site sewage system design and installation firms;
(vii) Environmental organizations;
(viii) University/college academic communities;
(ix) On-site sewage system or related product manufacturers; and
(x) Other interested organizations or groups.
(c) Convene meetings as needed.
(2) The department may have a representative on the technical advisory committee.
[Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-0400, filed 7/18/05, effective 9/15/05.]
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246-272A-0410
Policy advisory committee.
(1) The department shall:
(a) Maintain a policy advisory committee to:
(i) Make recommendations concerning departmental policy and regulations;
(ii) Review program services; and
(iii) Provide input to the department regarding the on-site sewage program;
(b) Select members from agencies, professions, organizations having knowledge and interest in OSS, and groups which are affected by the regulations; and
(c) Convene meetings as needed.
(2) The department may have a representative on the policy advisory committee.
[Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-0410, filed 7/18/05, effective 9/15/05.]
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246-272A-0420
Waiver of state regulations.
(1) The local health officer may grant a waiver from specific requirements of this chapter if:
(a) The waiver request is evaluated by the local health officer on an individual, site-by-site basis;
(b) The local health officer determines that the waiver is consistent with the standards in, and the intent of, these rules;
(c) The local health officer submits quarterly reports to the department regarding any waivers approved or denied; and
(d) Based on review of the quarterly reports, if the department finds that the waivers previously granted have not been consistent with the standards in, and the intent of these rules, the department shall provide technical assistance to the local health officer to correct the inconsistency, and may notify the local and state boards of health of the department's concerns. If upon further review of the quarterly reports, the department finds that the inconsistency between the waivers granted and the state board of health standards has not been corrected, the department may suspend the authority of the local health officer to grant waivers under this section until such inconsistencies have been corrected.
(2) The department shall develop guidance to assist local health officers in the application of waivers.
[Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-0420, filed 7/18/05, effective 9/15/05.]
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246-272A-0425
Required rule review.
The department shall review this chapter to evaluate the effectiveness of the rules and determine areas where revisions may be necessary. The department will provide the results of their review along with their recommendations to the state board of health and all local health officers by September 2009 and every four years thereafter.
[Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-0425, filed 7/18/05, effective 9/15/05.]
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246-272A-0430
Enforcement.
(1) The department or the local health officer:
(a) Shall enforce the rules of chapter 246-272A WAC; or
(b) May refer cases within their jurisdiction to the local prosecutor's office or office of the attorney general, as appropriate.
(2) When a person violates the provisions under this chapter, the department, local health officer, local prosecutor's office, or office of the attorney general may initiate enforcement or disciplinary actions, or any other legal proceeding authorized by law including, but not limited to, any one or a combination of the following:
(a) Informal administrative conferences, convened at the request of the department or owner, to explore facts and resolve problems;
(b) Orders directed to the owner and/or operator of the OSS and/or person causing or responsible for the violation of the rules of chapter 246-272A WAC;
(c) Denial, suspension, modification, or revocation of permits, approvals, registrations, or certification;
(d) The penalties under chapter 70.05 RCW and RCW 43.70.190; and
(e) Civil or criminal action.
(3) Orders authorized under this section include the following:
(a) Orders requiring corrective measures necessary to effect compliance with chapter 246-272A WAC which may include a compliance schedule; and
(b) Orders to stop work and/or refrain from using any OSS or portion of the OSS or improvements to the OSS until all permits, certifications, and approvals required by rule or statute are obtained.
(4) Enforcement orders issued under this section shall:
(a) Be in writing;
(b) Name the person or persons to whom the order is directed;
(c) Briefly describe each action or inaction constituting a violation of the rules of chapter 246-272A WAC, or applicable local code;
(d) Specify any required corrective action, if applicable;
(e) Specify the effective date of the order, with time or times of compliance;
(f) Provide notice of the consequences of failure to comply or repeated violation, as appropriate. Such notices may include a statement that continued or repeated violation may subject the violator to:
(i) Denial, suspension, or revocation of a permit approval, or certification;
(ii) Referral to the office of the county prosecutor or attorney general; and/or
(iii) Other appropriate remedies.
(g) Provide the name, business address, and phone number of an appropriate staff person who may be contacted regarding an order.
(5) Enforcement orders shall be personally served in the manner of service of a summons in a civil action or in a manner showing proof of receipt.
(6) The department shall have cause to deny the application or reapplication for an operational permit or to revoke, suspend, or modify a required operational permit of any person who has:
(a) Failed or refused to comply with the provisions of chapter 246-272A WAC, or any other statutory provision or rule regulating the operation of an OSS; or
(b) Obtained or attempted to obtain a permit or any other required certificate or approval by misrepresentation.
(7) For the purposes of subsection (6) of this section and WAC 246-272A-0440, a person is defined to include:
(a) Applicant;
(b) Reapplicant;
(c) Permit holder; or
(d) Any individual associated with (a), (b) or (c) of this subsection including, but not limited to:
(i) Board members;
(ii) Officers;
(iii) Managers;
(iv) Partners;
(v) Association members;
(vi) Agents; and
(vii) Third persons acting with the knowledge of such persons.
[Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-0430, filed 7/18/05, effective 9/15/05.]
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246-272A-0440
Notice of decision — Adjudicative proceeding.
(1) All local boards of health shall:
(a) Maintain an administrative appeals process to consider procedural and technical conflicts arising from the administration of local regulations; and
(b) Establish rules for conducting hearings requested to contest a local health officer's actions.
(2) The department shall provide notice of the department's denial, suspension, modification or revocation of a permit, certification, or approval consistent with RCW 43.70.115, chapter 34.05 RCW, and chapter 246-10 WAC.
(3) A person contesting a departmental decision regarding a permit, certificate, or approval may file a written request for an adjudicative proceeding consistent with chapter 246-10 WAC.
(4) Department actions are governed under the Administrative Procedure Act chapter 34.05 RCW, RCW 43.70.115, this chapter, and chapter 246-10 WAC.
[Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-0440, filed 7/18/05, effective 9/15/05.]
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246-272A-0450
Severability.
If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances shall not be affected.
[Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-0450, filed 7/18/05, effective 9/15/05.]
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246-272A-990
Fees.
Fees will be set by DOH in a separate rule making. We will ask to recodify this section so that it will be in the new chapter until the new fees can be established.
[Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-990, filed 7/18/05, effective 9/15/05.]