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246-272B-20501
Developments, subdivisions, and minimum land area requirements.
(1) A person proposing the development shall obtain approval from the local health officer prior to any development where the use of LOSS is proposed.
(2) The local health officer shall require the following prior to approving any development:
(a) Site evaluations as required under WAC 246-272B-11001, 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:
(i) METHOD I. Table VII, 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.
Table VII
Minimum Land Area Requirement
Single Family Residence or Unit Volume of Sewage Type of water supply Soil Type (defined by section 11001 of this chapter)
1A, 1B 2A, 2B 3 4 5 6
Public 0.5 acre1
12,500 sq. ft.
15,000 sq. ft.
18,000 sq. ft.
20,000 sq. ft.
22,000 sq. ft.
2.5 acre2
Individual on each lot 1.0 acre1
1 acre
1 acre
1 acre
2 acres
2 acres
2.5 acres2
1Due to the highly permeable nature of soil type 1A, only alternative systems which meet or exceed treatment standard 2 can be installed.
2A conventional gravity system in type 1 soil is only allowed if it is in compliance with all conditions listed under WAC 246-272-11501 (2)(h). One of these limiting conditions is a 2.5 acre minimum lot size.
(ii) METHOD II. A minimum land area proposal using method II is acceptable only when the applicant:
(A) Justifies the proposal through a written analysis of the:
(I) Soil type and depth;
(II) Area drainage, and/or lot drainage;
(III) Public health impact on ground and surface water quality;
(IV) Setbacks from property lines, water supplies, etc.;
(V) Source of domestic water;
(VI) Topography, geology, and ground cover;
(VII) Climatic conditions;
(VIII) Availability of public sewers;
(IX) Activity or land use, present, and anticipated;
(X) Growth patterns;
(XI) Reserve areas for additional subsurface treatment and disposal;
(XII) Anticipated sewage volume;
(XIII) Compliance with current planning and zoning requirements;
(XIV) Possible use of alternative systems or designs;
(XV) Existing encumbrances, such as listed in WAC 246-272B-11001 (2)(a)(vii) and legal access documents if any component of the LOSS is not on the lot where the sewage is generated; and
(XVI) Any other information required by the local health officer.
(B) Shows development with public water supplies having:
(I) At least twelve thousand five hundred square feet lot sizes per single family residence;
(II) No more than 3.5 unit volumes of sewage per day per acre for developments other than single family residences; and
(C) Shows development with individual water supplies having at least one acre per unit volume of sewage; and
(D) 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 LOSS;
(ii) Assure preservation of reserve areas for proposed and existing LOSS;
(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 local health officer or department shall require lot areas of twelve thousand five hundred square feet or larger except when a person proposes:
(a) LOSS 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 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 LOSS, or a single individual owning the LOSS;
(iii) Management requirements under WAC 246-272B-08001 when installing a LOSS; and
(iv) Extinguishment of the deed covenant and higher density development allowed only when the development connects to public sewers.
(4) The local health officer or department 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 WAC 246-272B-20501 (2)(d)(ii) 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 LOSS designs prior to final approval of subdivision proposals;
(c) Require larger land areas or lot sizes to achieve public health protection; or
(d) Prohibit development on individual lots within the boundaries of an approved subdivision if the proposed LOSS design does not protect public health by meeting requirements of these regulations.
[Statutory Authority: RCW 43.20.050. 03-22-098, § 246-272B-20501, filed 11/5/03, effective 12/6/03.]
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246-272B-21501
Areas of special concern.
(1) The local health officer may investigate and take appropriate action to minimize public health risk in formally designated areas such as:
(a) Shellfish protection districts or shellfish growing areas;
(b) Sole source aquifers designated by the U.S. Environmental Protection Agency;
(c) Areas with a critical recharging effect on aquifers used for potable water as designated under Washington Growth Management Act, RCW 36.70A.170;
(d) Designated public water supply wellhead protection areas;
(e) Upgradient areas directly influencing water recreation facilities designated for swimming in natural waters with artificial boundaries within the waters as described by the Water Recreation Facilities Act, chapter 70.90 RCW;
(f) Areas designated by the department of ecology as special protection areas under WAC 173-200-090, Water quality standards for ground waters of the state of Washington;
(g) Wetland areas under production of crops for human consumption;
(h) Frequently flooded areas delineated by the Federal Emergency Management Agency; and
(i) Areas identified and delineated by the local board of health in consultation with the department to address public health threat from on-site systems.
(2) The permit issuing authority may impose more stringent requirements on new development and corrective measures to protect public health upon existing developments in areas of special concern, including:
(a) Additional location, design, and/or performance standards for OSS;
(b) Larger land areas for new development;
(c) Prohibition of development;
(d) Additional operation, maintenance, and monitoring of OSS performance;
(e) Requirements to upgrade existing OSS;
(f) Requirements to abandon existing OSS; and
(g) Monitoring of ground water or surface water quality.
(3) Within areas of special concern, to reduce risk of system failures, a person approved or designated by the local health officer shall:
(a) Inspect every OSS at least once every three years;
(b) Submit the following written information to both the local health officer and the property owner within thirty days following the inspection:
(i) Location of the tank;
(ii) Structural condition of the tank, including baffles;
(iii) Depth of solids in tank;
(iv) Problems detected with any part of the system;
(v) Maintenance needed;
(vi) Maintenance provided at time of inspection; and
(vii) Other information as required by the local health officer.
(c) Immediately report failures to the local health officer.
[Statutory Authority: RCW 43.20.050. 03-22-098, § 246-272B-21501, filed 11/5/03, effective 12/6/03.]
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246-272B-24001
State advisory committee.
The department shall:
(1) Maintain an on-site sewage advisory committee to:
(a) Make recommendations concerning departmental policy and regulations;
(b) Review program services; and
(c) Provide input to the department regarding the on-site sewage program;
(2) Select members from agencies, professions, organizations having knowledge and interest in OSS, and groups which are affected by the regulations; and
(3) Convene meetings as needed.
[Statutory Authority: RCW 43.20.050. 03-22-098, § 246-272B-24001, filed 11/5/03, effective 12/6/03.]
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246-272B-25001
Waiver of state regulations.
(1) The department may grant a waiver from specific requirements in this chapter if a person submits a completed departmental waiver application and required fee to the department, including justification showing the requested waiver is consistent with the LOSS standards in this chapter, and is consistent with the purpose and objectives of this chapter to assure public health protection.
(2) If an applicant desires to modify and resubmit a previously denied waiver request, the process described above in subsection (1) of this section shall be followed again.
[Statutory Authority: RCW 43.20.050. 03-22-098, § 246-272B-25001, filed 11/5/03, effective 12/6/03.]
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246-272B-26001
Enforcement.
(1) The department:
(a) Shall enforce the rules of chapter 246-272B 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 LOSS and/or person causing or responsible for the violation of the rules of chapter 246-272B WAC;
(c) Denial, suspension, modification, or revocation of permits, approvals, or certification; and
(d) Civil or criminal action.
(3) Orders authorized under this section include the following:
(a) Orders requiring corrective measures necessary to effect compliance with chapter 246-272B WAC which may include a compliance schedule; and
(b) Orders to stop work and/or refrain from using any LOSS or portion of the LOSS or improvements to the LOSS 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 246-272B 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; and/or
(ii) Referral to the office of the county prosecutor or attorney general;
(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;
(h) Comply with chapters 43.70 and 34.05 RCW if issued by the department.
(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 246-272B WAC, or any other statutory provision or rule regulating the operation of a LOSS; 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 246-272B-27001, 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 in addition
(vii) Third persons acting with the knowledge of such persons.
[Statutory Authority: RCW 43.20.050. 03-22-098, § 246-272B-26001, filed 11/5/03, effective 12/6/03.]
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246-272B-27001
Notice of decision — Adjudicative proceeding.
(1) The department shall provide notice of a 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.
(2) A person contesting a departmental decision regarding a permit, certificate, approval, or fine may file a written request for an adjudicative proceeding consistent with chapter 246-10 WAC.
(3) Department actions are governed under the Administrative Procedure Act, chapter 34.05 RCW, RCW 43.70.115, this chapter, and chapter 246-10 WAC.
(4) All LOSS contract jurisdictions shall establish rules for conducting hearings requested to contest a local health officer's actions.
[Statutory Authority: RCW 43.20.050. 03-22-098, § 246-272B-27001, filed 11/5/03, effective 12/6/03.]
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246-272B-28001
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. 03-22-098, § 246-272B-28001, filed 11/5/03, effective 12/6/03.]
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246-272B-990
Fees.
The minimum fee for required review of larger on-site system's engineering reports and plans and specifications shall be four hundred dollars. If review time exceeds eight hours, fifty dollars for each additional hour or part of an hour shall be added to the minimum fee. The fee for presite inspections for larger on-site systems shall be one hundred dollars per visit. The fee for final inspections of larger on-site systems shall be one hundred dollars per site visit.
[Statutory Authority: RCW 43.20.050. 03-22-098, § 246-272B-990, filed 11/5/03, effective 12/6/03.]