HomeMy WebLinkAboutord1999-064WHATCOM COUNTY COUNCIL AGENDA BILL
NO. qq- 401,/
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
- Originator.
Marlene Dawson, Chair, Board of Health
�j` '� ` ` ,
0 C T I g Sgg9
1 +�,, C COUNT)
Hli
COUNCIL
,
Division Head:
Regina Delahunt, Manger EH
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• 9
Dept Head.1
Charles R. Benjamin, Director HILS
Prosecutor
Randall Watts, Chief Civil Prosecutor
1
(
PurchasingB udget:
Executive:
Pete Kremen, County Executive
SUBJECT:
Proposed revisions to Whatcom County Code 24.05, On site Sewage Systems
ATTACHMENTS:
• Summary
• WCC 24.05 with proposed revisions
Related County Contract #:
Should Clerk schedule a hearing. NO/ / YES / X / Requested Date. 1119199
:1MMARYSTATEMENT:
The OSS Operation and Maintenance Work Plan approved by the
Board of Health in April, 1999 requires revisions to current County
Sewage Control Regulations. These changes are necessary to
implement the Work Plan as approved.
Additionally, several other regulatory changes are included which
streamline the OSS permitting process, bring County OSS Design
standards into conformance with Washington State OSS Guidelines
and clarify section regarding Areas of Special Concern.
Distribution Request
Indicate those who should receive a copy after Council action.
List specific names to the right.
ADS Facilities Management
ADS Finance
ADS Human Resources
ADS Info Services
Assessor
Auditor
Cooperative Extension
District Court
Executive
Health
Chuck Benjamin
Hearing Examiner
Jail
Juvenile
Parks
Planning
COUNCIL ACTION TAKEN:
1999-421 10/26/99: Introduced
11/9/99: Adopted 7 -0, Ord. #99 -064
Rey
Prosecutor _
Public Works
Sheriff
Superior Court
Treasurer
Other
Ordinance or Resolution Number
(this item):
JA4GENDA BILL. doc - . V %~
on site sewage ord.doe SPONSORED BY: HHS
PROPOSED BY: HHS
INTRODUCTION DATE: 10/20/99
ORDINANCE NO. 99 -064
REVISIONS TO WHATCOM COUNTY CODE 24.05 ON -SITE SEWAGE SYSTEMS
WHEREAS, current Washington State and Whatcom County Sewage Control Regulations
require the local health officer to develop and implement plans to initiate periodic monitoring of all on-
site sewage systems (OSS) in his jurisdiction by January 1, 2000; and
WHEREAS, clarification and revisions to sections in the existing County Code regarding Areas
of Special Concern, OSS design standards and the OSS permitting process are needed; and
WHEREAS, regulatory changes are necessary to implement the Whatcom County Health and
Human Services (HITS) OSS, Operation and Maintenance (O &M) Program Work Plan approved by the
Whatcom County Health Board in April 1999 and the additional changes;
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Health Board that revisions
to existing Whatcom County Sewage Control Regulations are being adopted as outlined in Exhibit A to
this ordinance.
ADOPTED this 9 day of November , 1999
WHATCOM COUNTY HEALTH BOARD
ATTEST- WHATCOM COUNTY, WASHINGTON
own - Davis, C er k of the Council Marlene Dawson, Health Board Chair
AP RO D AS TO FORM:
Civil Deputy N6 secu .
Page 1
Q4 Approved () Denied
nen, County Executive
WHATCOM COUNTY
HEALTH & HUMAN SERVICES
P.O. Box 935
Bellingham, WA 98227 -0935
ADMINISTRATION
(360) 676 -6720
384 -1528
COMMUNICABLE DISEASE
REPORTING LINE
(360) 738 -2503
CHILDREN WITH SPECIAL
HEALTH CARE NEEDS
(360) 738 -2522
384 -0574
COMMUNICABLE DISEASE
IMMUNIZATIONS
(360) 738 -2508
384 -1336
DEVELOPMENTAL
DISABILITIES
(360) 676 -6829
398 -1310
ENVIRONMENTAL HEALTH
(360) 676 -6724
384 -1565
MATERNALANFANT
(360) 647 -2329
380 -4017
MENTAL HEALTH
(360) 676 -6829
398 -1310
STD /AIDS/HIV
(360) 676 -4593
384 -5848
SUBSTANCE ABUSE
(360) 676 -6829
398 -1310
TRAVEL CLINIC
(360) 676 -4593
384 -5848
VITAL RECORDS
(360) 676 -6720
384 -1528
WIC CUNIC
(360) 738 -2505
384 -1633
�GOM COG
3�P A CHARLES R. BENJAMIN
Director
GREG STERN, M.D.
`LGSM NG BOA' � I V E DHealth Officer
0
PETE KhQW&V
COUNTY M -CUT,
MEMORANDUM
To: Pete men, County Executive
From: Charles R Benjamin, Director of Puublic Health
Date: October 4, 1999
Subject: Proposed Revisions to Whatcom County Code 24.05
On -site Sewage Systems (OSS)
Attached, please find proposed revisions to Whatcom County Code 24.05.0n-
site Sewage Regulations. I request that you forward these to County Council
for inclusion on the October 26, 1999 Council Agenda.
Current Washington State and Whatcom County Sewage Control Regulations
require the local health officer to develop and implement plans to initiate
periodic monitoring of all on -site sewage systems. (OSS) in his jurisdiction by
January 1, 2000.
Regulatory changes are necessary to implement the Whatcom County Health
and Human Services (HHS) OSS,. Operation and Maintenance (O &M)
Program Work Plan approved by the Whatcom County Health Board in April
1999.
The attached revisions to WCC 24.05 are the result of-
0 Presentation and approval of the O &M Program by the Public Health
Advisory Board and the Whatcom County Health Board.
• Presentation of the proposed regulatory changes necessary to implement
the approved O &M Work Plan to the Public Health Advisory Board on
July 20, 1999 and the Whatcom County Health Board on September 14,
1999. The attached draft includes their input.
COMMUNITY HEALTH CENTER WHATCOM HEALTH CENTER HUMAN SERVICES CENTER
509 Girard Street 1500 North State Street 1000 North Forest Street
P�GOM CO`
WHATCOM COUNTY tik CHARLES R. BENJAMIN
HEALTH & HUMAN SERVICES Director
P.O. Box 935 r GREG STERN, M.D.
Bellingham, WA 98227 -0935 9shINC+�O Health Officer.
MEMORANDUM
To: Whatcom County Council
• Assuring access to OSS Pumpers septage removal records
Additionally, several other regulatory changes are included and are detailed
below. These changes either update the existing OSS Design standards to
COMMUNITY HEALTH CENTER WHATCOM HEALTH CENTER HUMAN SERVICES CENTER
509 Girard Street 1500 North State Street 1000 North Forest Street
From: Regina Delahunt
ADMINISTRATION
Environmental Health Manager
(360) 676 -6720
384 -1528
COMMUNICABLE DISEASE
Date: October 4, 1999
REPORTING LINE
(360) 738 -2503
Re: Summary of Proposed Changes
CHILDREN WITH SPECIAL
HEALTH CARE NEEDS
Whatcom County Code 24.05 On -site Sewage Systems
(360) 738 -2522
.
384 -0574
Regulatory changes are necessary to implement the Whatcom County Health
COMMUNICABLE DISEASE
IMMUNIZATIONS
and Human Services (HHS) On -site Sewage System (OSS) Operation and
(360) 738 -2508
384 -1336
Maintenance (O &M) Program Work Plan approved by the Board of Health in
DEVELOPMENTAL
April 1999. At the September Board of Health (BOH) meeting, the BOH
DISABILITIES
g reviewed the changes and recommended that the revisions be forwarded to the
76 -
(3600) 676-6829
398 -1310
full Council for consideration.
ENVIRONMENTAL HEALTH
(360)676-6724
3 84 -15-1565
3
Additionally, the BOH asked for clarification and revisions to sections in the
code regarding Areas of Special Concern.
MATERwwINFANT
(360) 647 -2329
360 -4017
This summary provides an explanation and location of each proposed revision
MENTAL HEALTH
in the attached draft of WCC 24.05.
(360) 676 -6829
398 -1310.
The regulatory. changes required. for implementation of the O &M Work Plan
STD /AIDS/HIV
(360) 676 -4593
are. _
384 -5848
SUBSTANCE ABUSE
(360) 676 -6829
• Certification of O &M Specialists .
398 -1310
TRAVEL CLINIC
• Requiring property owners with an Aerobic Treatment Unit (ATU) to
(360) 676-4593
384-5848
obtain and renew an ATU Service Contract. ,
VITAL RECORDS
(360)
Requiring HHS to lace a Notice on the Property Title of an ATU owner
�� q g p p rtY Y
- 152820
384 -1528
who does not renew an ATU Service Contract.
WIC CLINIC
(360)738 -2505
_
384 -1633
• Requiring ATU Service providers to report inspection results to HHS
• Assuring access to OSS Pumpers septage removal records
Additionally, several other regulatory changes are included and are detailed
below. These changes either update the existing OSS Design standards to
COMMUNITY HEALTH CENTER WHATCOM HEALTH CENTER HUMAN SERVICES CENTER
509 Girard Street 1500 North State Street 1000 North Forest Street
conform with current Washington State Guidelines or streamline the existing OSS permitting
process.
Operation and Maintenance Revisions
1. Certification of O &M Specialists
Certification ensures that a qualified work force is available to provide O &M inspections for
OSS. Certification programs are currently administered at the local level, however a state
wide licensing program is currently being developed. These proposed changes assure a local
certification program is in place.
• A provision for certification of O &M Specialists in Purpose, Objectives and Authority
section is added on page 3, line 23 - 24
• - A definition of an O &M Specialist is added on page 10, lines 4 - 6
O &M Specialist certification requirements are added on pages 53 and 54
2. Continuing Education Unit (VXW
The regulations propose CEU's for O &M Specialists and HHS believes that all licensed OSS
professionals should keep updated on changes in the industry, keep abreast of new emerging
technologies and be able to provide their clients with accurate information regarding the
function and importance of OSS. Licensed OSS Installers and OSS Pumpers will provide
O &M Inspections on some types of OSS and will need to be relied upon to educate their
clients. A CEU is currently required for OSS Designers.
• The CEU requirement for Licensed Installers is added on pages 51, lines 22 — 24
• The CEU requirement for Licensed Pumpers is added on page 53, lines 1'--3
3. Aerobic Treatment Units (A W
Aerobic Treatment Units are generally installed on sensitive sites with marginal conditions
for OSS. The 'ATU is relied upon to ,provide sewage treatment. These devices require
continuous O &M, by the device distributor, for the life of the ATU to assure the required
degree of sewage treatment is being provided. To assure that ATU's are continuously
operated and maintained, the following regulatory changes are proposed:
• A definition of an ATU is added on page 4, lines 7 -11
• An ATU Service Contract subsection is added on page 39, lines 29 - 36
In the event the ATU Service Contract is not renewed, the health officer shall place a
Notice on the Title of the property served by the ATU. This requirement is added on
page 40, lines 11 -16
4. Access to pumper records
Funding to implement the notifications, tracking and data management needs for the O &M
Program is through a Septage Tipping Fee. This fee was approved in the 1999 Unified Fee
Schedule and is billed to the OSS Pumper. OSS Pumpers are required to record and report
total septage removal to HHS. This record is cross checked with.the City of Bellingham's
records from the Post Point Sewage Treatment Plant. This assures that the number of gallons
of septage being reported to HHS and the number of gallons of septage the.OSS.Pumpers
dump at Post Point agree. In the event of a serious discrepancy, HHS may require an OSS
Pumper to provide their septage removal records to resolve disputes.
• The requirement for pumpers to make available to HHS their septage
pumping records is added on page 44, lines 33 - 35
OSS Design Standards
Current, Sewage Control Regulations require pretreatment with an intermittent sand filter on
sensitive sites to treat sewage prior to further treatment and ultimate disposal in a mound.
The intermittent sand filter treats sewage to Treatment Standard 2. The current Washington
State Approved Products and Systems List contains other alternative devices capable of
meeting Treatment Standard 2, e.g. ATU, Glendon Biofilters. HHS feels that property
owners and OSS Designers should have the choice of any approved alternative device
capable of meeting Treatment Standard 2 for a site.
• This change is reflected on pages 30, lines 7 — 8 and page 35, line 35 - 36
Current Washington State Guidelines for Pressure Distribution Systems require 9 inches of
washed, clean gravel in the construction of a conventional pressure distribution drainfield.
The current Whatcom County Sewage Control Regulations require 12 inches of washed,
clean gravel for all OSS drainfields.
• To be consistent with current State Guidelines for the construction of pressure
distribution drainfields, the gravel requirements for conventional gravity -and pressure
distribution drainfields are added on pages 32, lines 20 - 23
OSS Repair Permits
Historically, HHS categorized repairs of failing OSS into Major Repairs and Minor Repairs.
Major Repairs were those repairs of failing OSS that required an alternative device and HHS
performed a final construction inspection. Minor Repairs were those repairs of failing OSS
that required a conventional subsurface gravity drainfield and final construction inspections
were not required. HHS believes that all. installations of OSS should be inspected.to assure
permit requirements and minimum construction standards required by WCC 24.05 have been
met. The Major and Minor Repair definitions and references in WCC 24.05 can be
eliminated. HHS will still issue a construction permit for the repair of a failing OSS and the
final construction will be inspected for all OSS Construction regardless of permit types, e.g.
New Construction, Repair, Expansion, As built.
• The Major and Minor Repair definitions are deleted from pages 9, lines 14 —15 and
lines 19 - 21
• The Final Inspection requirement for Major and Minor Repairs is deleted from page 38,
lines 38 — 40
Approved Sand Inspections
Whatcom County has a unique alternative device called a Non- pressurized Sand Mound.
This mound was approved by the Washington State Department of Health for use in
Whatcom County in the 1970's and must meet the same site requirements as the State's
Pressure Mound. HHS used to issue a "Letter of Intent to Place Fill" for both Non -
pressurized and Pressure Mounds. This "Fill Letter" was an approval for the property owner
to.install the sand according to the approved application. After placement of the sand, HHS
would then perform a site inspection to assure the sand met the required design
specifications. Approval was required prior to an OSS Construction Permit being issued.
This intermediate step caused confusion for the public and delays for the installer of the OSS.
HHS believes that eliminating this intermediate step and issuing the OSS Construction
Permit is adequate. The installer of the OSS is still responsible for assuring the sand is place
according to the approved design and is of the appropriate type. The sand is still inspected by
OSS field staff during the final construction inspection. As an additional assurance that the
type of sand being provided to the property owner meets the required specification, HHS
conducts a quarterly sieve analysis at each Whatcom County Approved Fill Pit, of the sand to
be used for Non - pressurized Mounds and Pressure Mounds.
• The Letter of Intent for Fill definition is deleted from page 9, lines 1- 3
• The Letter of Intent for Fill inspection requirement is deleted from page 36, lines 10 -14
Appeals
Currently, an appeals procedure does not exist for the denial of an OSS Application for a
subdivision. Whatcom County minimum lot sizes for subdivisions with private wells are
more stringent than Washington State standards. The requirements for lot sizes with public
water supplies are identical to Washington State requirements. Including the subdivision
section in the appeals section of WCC.24.05 assures property owners have an appeals
procedure in place.
• This change is added on page 57.
Areas of Special Concern
Current regulations are vague regarding the process for formal'. designation and%requirements
in an Area of Special Concern. At the Board's request, the following changes are proposed to
clarify the designation process and the additional. measures for OSS that could be required in
Areas of Special Concern.
• The definition of an Area of Special Concern is clarified on page 4.
• The section concerning Areas of Special Concern is modified on page 48, lines 21— 26
and page 49, lines 8 —12.
• A new subsection is added on page 49, lines 28 — 30.
Administrative
• The effective date, Department Title, zip code and area code are updated on page 1.
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Environmental Health
Chapter 24.05 WCC
On -Site Sewage Systems
Rules and Regulations of the
Whatcom County Health and Human Services Department
Effective Decembe November 9 30,199 -5Q
f
For more information or
additional copies of these regulations contact:
Whatcom County Health and Human Services Department
Environmental Health Division
509 Girard Street P.O. Box 935
Bellingham WA 9822 -57
(206) 360 676 -6724
1
Page Contents
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Purpose and Administration
4
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24.05.01 Purpose, Objectives, and Authority
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3
24.05.02 Administration
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3
24.05.03 Adoption by Reference
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4
24.05.04 Definition
a
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General Requirements
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24.05.05 Applicability
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24.05.06 Alternative Systems and Proprietary
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Devices
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24.05.07 Experimental System
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24.05.08 Connection to Public Sewer System
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Specific Requirements
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24.05.09 Permits. for On -site Sewage Systems (OSS)
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Under 3,500 Gallons Per Day
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24.05.10 Location
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24.05.11 Soil and Site Evaluation
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24.05.12 Design
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24.05.13 Guidelines for Whatcom County Non - pressurized
23
Mounds
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24.05.14 Holding Tank Sewage Systems
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24.05.15 Installation
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24.05.16 Inspection
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24.05.17 Operation and Maintenance
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4.1
24.05.18 Repair of Failures
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24.05.19 Expansions
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24.05.20 Abandonment
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24.05.21 Septage Management
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24.05.22 Developments, Subdivisions, and Minimum
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Land Area Requirements
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24.05.23 Areas of Special Concern
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24.05.24 Licensing
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Enforcement
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24.05.25 Waiver of State Regulations
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24.05.26 Enforcement
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24.05.27 Notice of Decision - Adjudicative
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Proceeding
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24.05.28 Severability
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Fees
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24.05.29
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Chapter 24.05 WCC
On -Site Sewage System Regulations
24.05.01 Purpose, Objectives, and Authority.
(1) The purpose of this chapter is to protect the public health by minimizing:
(a) The potential for public exposure to sewage from on -site sewage
systems; and
(b) Adverse effects to public health that discharges from on -site
sewage systems may have on ground and surface waters.
(2) This chapter regulates the location, design, installation, operation,
maintenance, and monitoring of on -site sewage systems to:
(a) Achieve long -term sewage treatment and effluent disposal; and
(b) Limit the discharge of contaminants to waters of the state.
(3) This chapter provides for the issuance of permits, establishment of fees,
licensing and bonding of installers, pumpers, -ate- designers, and-operation
and maintenance specialists of sewage disposal systems and an appeals
procedure.
24.05.02 Administration.
(1) The local health officer shall administer this chapter under the authority
and requirements of chapters 70.05, 70.08, 70.46, and 43.70 RCW. Under
chapter 70.05.060(7) RCW, fees may be charged for this administration.
24.05.03 Adoption by Reference.
(1) The Washington Administrative Code, Chapter 246 -272 On -Site Sewage
System Rules and Regulations, is hereby adopted by reference. If a
.conflict arises between WAC 246 -272 and WCC 24.05 as amended, the
more restrictive regulation shall prevail. Any subsequent amendment to
WAC 246 -272 shall be considered to have been incorporated into this
chapter without the need for. further amendment.
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24.05.04 Definitions.
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"Additive" means a commercial product added to an on -site sewage
system intended to affect performance or aesthetics of an on -site sewage
system.
"Aerobic Treatment Unit (,ATU)" means a container which provides
enhanced aerobic biodegradation or decomposition of sewage by bring the
sewage into contact with air by some mechanical or non - mechanical
means, e.g. air pumps. air injectors. fabric. Wids, ffavel, pipes or rotating
disks.
"Alternative system" means an on -site sewage system other than a
conventional gravity system or conventional pressure distribution system.
Properly operated and maintained alternative systems provide equivalent
or enhanced treatment performance as compared to conventional gravity
systems.
"Approved" means a written statement of acceptability, in terms of the
requirements in this chapter, issued by the local health officer or the
department.
"Approved list" means "List of Approved Systems and Products ",
developed annually and maintained by the department, available upon
request from the local health officer and containing the following:
(a) List of proprietary devices approved by the department;
(b) List of specific systems meeting Treatment Standard 1 and
Treatment Standard 2;
(c) List of experimental systems approved by the department;
(d) List of septic tanks, pump chambers, and holding tanks approved
by the department.
"Area of Special Concern" means an area of definite boundaries
formally delineated through the public legislative process, where a local
health officer, or the department in consultation with the health officer,
determines additional requirements for on -site sewaga systems may be
necessary to reduce potential failures, or minimize negative impact of on-
site systems upon public health.
1 "Bedroom" means any enclosed room of 70 square feet or more that is
2 not designated as a kitchen, living/family room, utility room,. bathroom, or
3 dining room adjacent to the kitchen.
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5 "Cesspool" means a pit receiving untreated sewage and allowing the
6 liquid to seep into the surrounding soil or rock.
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s "Conforming system" means any on -site sewage system, except an
9 experimental system, meeting any of the following criteria:
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11 (a) Systems in full compliance with new construction requirements
12 under this chapter; or
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14 (b) Systems approved, installed and operating in accordance with
15 requirements of previous editions of this chapter; or
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17 (c) Systems or repairs permitted through departmental concurrence by
18 the waiver process which assure public health protection by higher
19 treatment performance or other methods.
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21 "Conventional gravity system" means an on -site sewage system
22 consisting of a septic tank and a subsurface soil absorption system with
23 gravity distribution of the effluent.
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25 "Conventional pressure distribution system" means an oil-site sewage
26 system consisting of a septic tank and a subsurface soil absorption system
27 with pressure distribution of the effluent. Design, operation and
28 maintenance, and performance monitoring are described by "Guidelines
29 for Pressure Distribution Systems" by the Washington State Department of
30 Health.
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32 "Covenant" means a recorded agreement stating certain activities and/or
33 practices are required or prohibited.
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35 "Cuts and/or banks" means any naturally occurring or - artificially .
36 formed slope greater than one hundred percent (forty -five degrees) and
37 extending vertically at least five feet from the toe of the slope to the top of
38 the slope as follows:
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"Designer" means a person who matches site and soil characteristics with
appropriate on -site sewage technology.
"Development" means the creation of a residence, structure, facility,
subdivision, planned unit development, site, area, or any activity resulting
in the production of sewage.
"Department" means the Washington State.Department of Health.
"Disposal component" means a subsurface absorption system (SSAS) or
other soil absorption system receiving septic tank or other pretreatment
device effluent and transmitting it into original, undisturbed soil.
"Effluent" means liquid discharged from a septic tank or other on -site
sewage system component.
"Engineer" means a person who is licensed and in good standing under
chapter 18.43 RCW.
"Expansion" means a change in a residence, facility, site, or use that:
(a) Causes an on -site sewage system to exceed its existing treatment or
disposal capability, for example, when a residence is increased
from two to three bedrooms or a change in use from an office to a
restaurant; or
(b) Results in an increase of more than 50% of the existing floor
space; or
(c) Reduces the treatment or disposal capability of the existing on -site
sewage system or the reserve area, for example, when a building is
placed over a reserve area.
"Experimental system" means any alternative system:
(a) Without design guidelines developed by the department; or
(b) A proprietary device or method which has not yet been evaluated
and approved by the department.
"Failure" means a condition of an on -site sewage system that threatens
the public health by inadequately treating sewage or by creating a potential
for direct or indirect contact between sewage and the public. Examples of
failure include:
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(a) Sewage on the surface of the ground;
(b) Sewage backing up into a structure caused by slow soil absorption
of septic tank effluent;
(c) Sewage leaking from a septic tank, pump chamber, holding tank,
or collection system;
(d) Cesspools or seepage pits where evidence of ground water. or
surface water quality degradation exists; or
(e) Inadequately treated effluent contaminating ground water or
surface water.
(f) Noncompliance with standards stipulated on the permit.
"Geotextile" means barrier material covering the gravel trench or bed.
The geotextile shall be non - woven, and meet or exceed the following
"Minimum Average Roll Values ". The fabric shall be free of any
chemical treatment or coating which reduces permeability and shall be
inert to chemicals commonly found in soil.
Property
Test Procedure
Unit
Minimum
Value
Grab Strength
ASTM D4632
Lbs
60
Puncture Tear
ASTM D4833
Lbs
18
Trapezoid Tear
ASTM D4533
Lbs.
25
Flow Rate
ASTM D4491.
GaUft /min
100
Apparent Opening Size
(AOS)
ASTM D4751
U.S.Std Sieve
(1)
7
(1) Soil with 50% or less particles by weight passing U.S. No. 200 sieve,
AOS less than 0.6 mm (greater than #30 U.S. Std. sieve). Soil with more
than 50% particles by weight passing U.S. No. 200 sieve, AOS less than
0.297 mm (greater than #50 U.S. Std. sieve).
"Ground water" means a subsurface water occupying the zone of
saturated soil, permanently, seasonally, or as the result of the tides.
Indications of ground water may include:
1 (a) Water seeping into or standing in an open excavation from the soil
2 surrounding the excavation.
3
4 (b) Spots or blotches of different color or shades of color interspersed
5 with a dominant color in soil, commonly referred to as mottling.
6 Mottling is a historic indication for the presence of groundwater
7 caused by intermittent periods of saturation and drying,.and may be
8 indicative of poor aeration and impeded drainage. Also see "Water
9 table ".
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11 "Holding tank sewage system" means an on -site sewage system which
12 incorporates a holding tank, the services of a sewage pumper/hauler, and
13 the off -site treatment and disposal for the sewage generated.
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15 "Industrial wastewater" means the water or liquid carried waste from an
16 industrial process. These wastes may result from any process or activity
17 of industry, manufacture, trade or business, from the development of any
18 natural resource, or from animal operations such as feedlots, poultry
19 houses, or dairies. The term includes contaminated storm water and
20 leachate from solid waste facilities.
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22 "Intermittent stream" means a water course that has running or standing
23 water more than six months a year.
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25 "Installer" means a qualified person approved by a local health officer to
26 install or repair on -site sewage systems or components.
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28 "Lake Whatcom high -water line" means a line determined by the
29 water's edge when the water level of the lake is 314.9 feet above sea level.
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31 "Lake Whatcom waterfront zone" means that area of land extending
32 from the water's edge to a line inland 100. feet measured horizontally from
33 the high -water line. This measurement must be made from the natural
34 water line. No artificial extension of the land by filling in of the lake or
35 construction of a bulkhead shall be allowed for the purpose of increasing
36 the measured distance horizontally.
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38 "Lake Whatcom Watershed" shall be as delineated in the Bellingham
39 City Council Ordinance No. 7775. The determination if a lot lies within
40 the Lake Whatcom Watershed shall be made by using - Bellingham City
41 Council Ordinance No. 7775 and a site evaluation.
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43 "Large On -site Sewage System (LOSS)" means any on -site sewage
44 system with design flows, at any common point, greater than 3,500 gallons
45 per day.
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"Letter- of intent to Fill" means a written doeument issued by the leea4
health effleer- authorizing the plaeement of approved material for- a Ron
"Local health officer" means the health officer of Whatcom County, or a
representative authorized by and under the direct supervision of the local
health officer.
"Lot" means the entire parcel of land with fixed boundaries in single or
joint ownership, which area is for the use of the occupants of the building
to be served by the proposed sewage disposal system. Easements may be
included in determining the boundaries of the lot.
"Alajff " means the replaeoment of a sewage disposal systeffl.
with a non pressurized mound or- aftemative syste
"May" means discretionary, permissive, or allowed.
Alinor- "
rep: means any
disposal
alteration extension orTeleeatien ofa
dees
sewage system whiek
or aftemative system.
not require a non pr-essuftized mound-
"Mobile home park" means a plot of ground in which three or more sites
are intended for permanent occupancy by mobile homes
"Non- pressurized mound" means a sewage disposal system consisting
of:
(a) filter media meeting the sieve specifications in Table VII page 36;
(b) initial installation of main and reserve drainfields with a diversion
valve;
(c) a non - pressurized distribution system within the bed and;
(d) a cap and buffer zone consisting of gravity fill material or permeable
soil.
"On -site sewage system (OSS)" means an integrated arrangement of
components for a residence, building, industrial establishment or other
places not connected to a public sewer system which:
(a) Convey, store, treat, and/or provide subsurface soil treatment and
disposal on the property where it originates, upon adjacent or
nearby property; and
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(b) Includes piping, treatment devices, other accessories, and soil
underlying the disposal component of the initial and reserve areas.
"Operation and Maintenance Specialist" means a qualified person
approved by the local health officer to perform operation and maintenance
inspections on on -site sewage _ systems or components..
"Ordinary high -water mark" means the mark on lakes, streams, and
tidal waters, found by examining the beds and banks and ascertaining
where the presence and action of waters are so common and usual, and so
long continued in all ordinary years, as to mark upon the soil a character
distinct from that of the abutting upland with respect to vegetation, as that
condition exists on the effective date of this chapter, or as it may naturally
change thereafter. The following definitions apply where the ordinary high
water mark cannot be found:
(a) The ordinary high -water mark adjoining marine water is the
elevation at mean higher high tide; and
(b) The ordinary high -water mark adjoining freshwater is the line of
mean high water.
"Permit" means a written document issued by the local health officer
authorizing the construction, installation, or alteration of a sewage disposal
system.
"Person" means any individual, corporation, company, association,
society, firm, partnership, joint stock company, or any governmental
agency, or the authorized agents of any such entities.
"Planned unit development" means a development characterized by a
unified site design, clustered residential units and/or commercial units, and
areas of common open space.
"Premises" means any building or structure and the property on which it
is located and surrounding area utilized by persons as a residence, a place
of business or place of sponsored public assembly and includes established
picnic or camp grounds.
"Pressure distribution" means a system of small diameter pipes equally
distributing effluent throughout a trench or bed, as described in the
"Guidelines for Pressure Distribution Systems" by the department. Also
see "conventional pressure distribution."
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"Proprietary device or method" means a device or method classified as
an alternative system, or a component thereof, held under a patent,
trademark or copyright.
"Public sewer system" means a sewerage system:
(a) Owned or operated by a city, town, municipal corporation, county,
or other approved ownership consisting of a collection system and
necessary trunks, pumping facilities and a means of final treatment
and disposal; and
(b) Approved by or under permit from the department of ecology, the
department of health and/or a local health officer.
"Pumper" means a person approved by the local health officer to remove
and transport wastewater or septage from on -site sewage systems.
"Recreational vehicle" means a vehicular -type unit as defined by the
Department of Labor and Industries, designed for temporary living
quarters for recreational, camping or travel use, which either has its own
motor power or is mounted on or drawn by another vehicle.
"Recreational vehicle park" means a plot of land in which three or. more
sites are occupied or intended for occupancy by recreational vehicles for
travel, recreational or vacation uses.
"Repair" means restoration, by reconstruction or relocation, or
replacement of a failed on -site sewage system.
"Reserve area" means an area of land approved for the installation of a
conforming system and dedicated for replacement of the OSS upon its
failure.
"Residential sewage" means sewage having the constituency and
strength typical of wastewater from domestic households.
"Restrictive layer" means a stratum impeding the vertical movement of
water, air, and growth of plant roots, such as hardpan, claypan, fragipan,
caliche, some compacted soils, bedrock and unstructured clay soils.
"Seepage pit" means an excavation more than three feet deep where the
sidewall of the excavation is designed to dispose of septic tank effluent.
Seepage pits may also be called "dry wells ".
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1 "Septage" means the mixture of solid wastes, scum, sludge, and liquids
2 pumped from within septic tanks, pump chambers, holding tanks, and
3 other OSS components.
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5 "Septic tank" means a watertight pretreatment receptacle receiving the
6 discharge of sewage from a building sewer or sewers, designed and
7 constructed to permit separation of settleable and floating solids from the
8 liquid, detention and anaerobic digestion of the organic matter, prior to
9 discharge of the liquid.
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11 "Sewage" means any urine, feces, and the water carrying human wastes,
12 including kitchen, bath, and laundry wastes from residences, buildings,
13 industrial establishments or other places. For the purposes of these
14 regulations, "sewage" is generally synonymous with domestic wastewater.
15 Also see "residential sewage."
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17 "Shall" means mandatory.
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19 "Soil log" means a detailed description of soil characteristics providing
20 information on the soil's capacity to act as an acceptable treatment and
21 disposal medium for sewage.
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23 "Soil type" means a numerical classification of fine earth particles and
24 coarse fragments as described in 24.05.11(2)(e) Table II page 26.
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26 "Subdivision" means a division of land or creation of lots or parcels,
27 described under chapter 58.17 RCW, now or as hereafter amended,
28 including both long and short subdivisions, planned unit developments,
29 and mobile home parks.
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31 "SSAS" or "subsurface soil absorption system" means a system of
32 trenches three feet or less in width, or beds between three and ten feet in
33 width, containing distribution pipe within a layer of clean gravel designed
34 and installed in original, undisturbed soil for the purpose of receiving
35 effluent and transmitting it into the soil.
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37 "Surface water" means any body of water, whether fresh or marine,
38 flowing or contained in natural or artificial unlined depressions for
39 significant periods of the year, including natural and artificial lakes, ponds,
40 springs, rivers, streams, swamps, marshes, and tidal waters.
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42 "Table VIII Repair" means a repair or replacement of an existing on -site
43 sewage system which, because of site limitations, must utilize treatment
44 standards shown in Table VIII, page 42, in lieu of compliance with new
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construction requirements for vertical separation and/or horizontal set back
from surface waters or drinking water wells or springs.
"Treatment standard 1" means a thirty -day average of less than 10
milligrams per liter of biochemical oxygen demand (5 day BOD5), 10
milligrams per liter of total suspended solids (TSS), and a thirty -day
geometric mean of less than 200 fecal coliform per 100 milliliters.
"Treatment standard 2" means a thirty-day average of less than 10
milligrams per liter of biochemical oxygen demand (5 day BOD5), 10
milligrams per liter of total suspended solids (TSS), and a thirty -day
geometric mean of less than 800 fecal coliform per 100 milliliters.
"Unit volume of sewage" means:
(a) A single family residence;
(b) A mobile home site in a mobile home park; or
(c) 450 gallons of sewage per day where the proposed development is
not single family residences or a mobile home park.
"Vertical separation" means the depth of unsaturated, original,
undisturbed soil of Soil Types 1B -5 between the bottom of a disposal
component and the highest seasonal water table, a restrictive layer, or Soil
Type IA, as illustrated below by the profile drawing of a subsurface soil
absorption system:
"Water table" means the upper surface of the ground water, whether
permanent or seasonal. Also see "ground water."
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"Wave barrier" means a bulkhead of adequate height and construction
protecting the immediate area of on -site sewage system components from
wave action.
"Wet season" means the period of year from December 1st to May 1st.
24.05.05 Applicability.
(1) The local health officer and the department:
(a) Shall apply this chapter to OSS treating wastewater and disposing
of effluent from residential sewage sources;
(b) May apply this chapter to OSS for sources other than residential
sewage, excluding industrial wastewater, if pretreatment, siting,
design, installation, and operation and maintenance measures
provide treatment and effluent disposal equal to that required of
residential sewage.
(2) Preliminary plats specifying general methods of sewage treatment,
disposal, system designs and locations approved prior to the effective date
of these regulation shall be acted upon in accordance with regulations in
force at the time of preliminary plat approval for a maximum period of
five years from the date of approval or for an additional year beyond the
effective date of these regulations, whichever assures the most lenient
expiration date.
(3) A valid sewage system design approval, or installation permit issued prior
to the effective date of these regulations:
(a) Shall be acted upon in accordance with regulations in force at the
time of issuance;
(b) Shall have a maximum validity period of five years from the date
of issuance or remain valid for an additional year beyond the
effective date of these regulations, whichever assures the most
lenient expiration date; and
(c) May be modified to include additional requirements if the local
health officer determines that a serious threat to public health
exists.
(4) The Washington State Department of Ecology has authority and approval
over:
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(a) Domestic or industrial wastewater under chapter 173 -240 WAC;
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(b) Sewage systems using mechanical treatment, or lagoons, with
ultimate design flows above 3,500 gallons per day.
(5) The Washington State Department of Health has authority and approval
over:
(a) Systems with design flows through any common point between
3,500 to 14,500 gallons per day; and
(b) Any Large On -site Sewage System "LOSS" for which jurisdiction
has been transferred to the department of health under conditions
of memorandum of agreement with the department of ecology.
(6) The local health officer has authority and approval over;
(a) Systems with design flows through any common point up to 3,500
gallons per day;
(b) Any Large On -site Sewage System "LOSS" for which jurisdiction
has been transferred to a local health jurisdiction from the
department by contract.
(7) Where this chapter conflicts with chapters 90.48 RCW, Water Pollution
Control, the requirements under those statutes apply.
24.05.05 Alternative Systems and Proprietary Devices.
(1) The local health officer or department shall only permit installation of
alternative systems for which there are alternative system guidelines, or a
proprietary device if it appears on the list of approved systems or devices
maintained by the department and available upon request from the local
health officer.
(2) The local health officer:
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(a) May require performance monitoring or sampling of any
alternative system.
(b) May charge fees to cover the costs for monitoring system
performance.
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(c) Shall submit copies of evaluation reports to the department when
alternative system performance is evaluated.
(d) Shall notify the department of alternative system approvals and
failures.
24.05.07 Experimental Systems.
(1) The local health officer:
(a) May permit a limited number of specific experimental systems if-
(i) The specific system is included on the department's
approved list of experimental systems, available upon
request from the local health officer;
(ii) The site will accommodate the installation of a conforming
system in the event of failure of the experimental system;
(iii) Local agreements to provide for monitoring, sampling,
testing, reporting, maintenance, repairs, and the
replacement of the system in accordance with the protocol
approved by the department under subsection (1) of this
section are completed and signed.
(b) May charge fees to cover the cost of evaluating or monitoring the
experimental system.
(2) A person desiring to install an experimental system shall:
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(a) Obtain a permit from the local health officer;
(b) Submit a written promise to the health officer agreeing to abandon
the experimental system and install a conforming system if-
(i) The system fails;
(ii) The performance of the experimental system is
unsatisfactory; or
(iii) The applicant fails to adequately monitor the experimental
system and submit records as required in the department's
approval or the local health officer's permit;
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(iv) The system components do not function as indicated by
submitted documents;
(v) Performance does not meet the anticipated objectives of the
experiment; or
(vi) The state experimental system permit is not renewed
annually.
(c) Provide financial guarantees, acceptable to the health officer, and a
copy of the recorded covenant required under (b) of this
subsection to the local health officer; and
(d) Obtain through the local. health officer an annually renewable state
experimental system permit.
24.05.08 Connection to Public Sewer System.
(1) When adequate public sewer services are available within two hundred
feet of the residence or facility, the local health officer, upon the failure of
an existing on -site sewage system shall require hook -up to the public
sewer system. The distance shall be measured along the usual or most
feasible route of access.
(2) The owner of a residence or other facility served by a Table VIII repair as
defined on page 10 of this chapter, shall abandon the OSS according to the
requirements specified in WCC 24.05.20 page 44, and connect the
residence or other facility to a public sewer system when:
(a) Connection is deemed necessary to protect public health by the
local health officer;
(b) An adequate public sewer becomes available within two hundred
feet of the residence or other facility as measured along the usual
or most economically feasible route of access; and
(c) The sewer utility allows the sewer connection.
24.05.09 Permits For OSS Under 3500 Gallons per Day.
(1) Prior to beginning the construction process, a designer proposing the
installation, repair, modification, connection to, or expansion of an OSS,
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shall develop and submit the following to the local health officer and
obtain approval:
(a) General information including:
(i) Name and address of the property owner and the applicant
at the head of each page of submission;
(ii) Parcel number and address, if available, of the site;
(iii) Source of drinking water supply;
(iv) Identification if the property is within the boundaries of a
recognized sewer utility;
(v) Size of the parcel;
(vi) Type of permit for which application is being made, for
example, new installation, repair, expansion, alteration, or
operational;
(vii) Source of sewage, for example, residential, restaurant, or
other type of business;
(viii)
Location of utilities;
(ix)
Name of the designer;
(x)
Date of application; and
(xi)
Signature of applicant.
(b) The soil and site evaluation as specified under WCC 24.05.11 page
25.
(c) A complete, detailed, and dimensional site plan including:
(i) Designated areas for the proposed initial system and the
reserve area;
(ii) The location of all soil logs and other soil tests for the OSS;
(iii) General topography and/or slope of the site;
(iv) Site drainage characteristics;
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(2)
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(d)
(e)
(v) The location of existing and proposed encumbrances
affecting system placement, including legal access
documents if any component of the OSS is not on the lot
where the sewage is generated; and
(vi) An arrow indicating north.
A detailed system design meeting the requirements under WCC
24.05.12 page 28 including:
(i) A dimensional drawing showing the location of
components of the proposed OSS, and the system designed
for the reserve area if reserve site characteristics differ
significantly from the initial area;
(ii) Vertical cross - section drawings showing:
(A) The depth of the disposal component, the vertical
separation, and depth of soil cover; and
(B) Other OSS components constructed at the site.
(iii) Calculations and assumptions supporting the proposed
design, including:
(A) Soil type;
(B) Hydraulic loading rate in the disposal component;
and
(C) System's maximum daily flow capacity.
Such additional information as deemed necessary by the local
health officer.
The local health officer shall:
(a) Issue a permit when the information submitted under subsection
(1) of this section meets the requirements contained in this chapter;
(b) Identify the permit as a new installation, repair, expansion,
modification, or operational permit;
(c) Include a reminder on the permit application of the applicant's right .
of appeal; and
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(d) State the period of validity and the date and conditions of renewal
when requiring operational permits to be obtained and retained;
(3) The local health officer may revoke or deny a permit for due cause.
Examples include, but are not limited to:
(a) Development or continued use of an OSS that threatens the public
health;
(b) Misrepresentation or concealment of material fact in information
submitted to the local health officer; or
(c) Failure to meet conditions of the permit or the regulations.
(4) Before the local health officer issues a permit for the installation of an
OSS to serve more than one unit volume of sewage the applicant shall
show:
(a) An approved public entity owning or managing the OSS in
perpetuity; or
(b) An arrangement with a management entity acceptable to the local
health officer, recorded in covenant, lasting until the on -site system
is no longer needed, and containing, but not limited to:
(i) A legal easement allowing access for construction,
operation and maintenance, and repair of the OSS; and
(ii) Identification of an adequate financing mechanism to
assure the funding of operation, maintenance, and repair of
the OSS.
(6) The local health officer shall not delegate the authority to issue permits.
(7) The local health officer may stipulate additional requirements for a
particular permit if necessary for public health protection.
(8) The local health officer shall notify any water district, sewer district or city
in which the development or'premises is to be located, a copy of the
application for new construction or repair provided the district or city has
requested said notice. The permit shall not be issued for at least 15
calendar days in order that the district or city be given opportunity to
provide public sewer services. Upon notice by the district or city that they
have no objection to issuance of permit, it may be issued before the 15 -day
waiting period.
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(9) A permit shall expire five years from the date of issuance. A permit may
be renewed upon review by the local health officer.
(10) After the permit is issued, any alteration of the approved design shall be
approved by the local health officer in writing prior_ to the OSS
installation.
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1 24.05.10 Location.
2
3 (1) Persons shall design and install OSS to meet the minimum horizontal
4 separations shown in Table I, Minimum Horizontal Separations:
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7 TABLE I
s Minimum Horizontal Separations
From edge of disposal From septic tank, From building sewer,
Items Requiring Setback component and reserve holding tank, collection, and non -
area containment vessel, perforated distribution
pump chamber, and line`
distribution box
Non - public well or 100 ft. 50 ft. 50 ft.
suction line
Public drinking water 100 ft. 100 ft. 100 ft.
well
Public drinking water 200 ft. 200 ft. 100 ft.
svrme 3
Spring or surface water
used as drinking water
100 ft.
50 ft.
50 ft.
:,3
source
Pressurized water supply
10 ft.
10 ft.
10 ft.
4
line
Properly
10 ft.
N/A
N/A
decommissioned well e
Surface water
Marine water
100 ft.
50 ft.
10 ft.
Fresh water
100 ft.
ft.
10 ft.
Building foundation
10 ft.
5 ft.
2 ft.
Property or easement
5 ft.
5 ft.
N/A
x
line 7,10
Interceptor / curtain
drains / drainage ditches
Down - gradient 8,1°
30 ft 9
5 ft.
N/A
Up- gradient 8110
10 ft 9
N/A
N/A
Down gradient cuts or
banks with at least 5 ft of
original, undisturbed soil
above a restrictive layer
25 ft
N/A
N/A
due to a structural or
textural change
Down gradient cuts or
banks with less than 5 ft
of original, undisturbed
soil above a restrictive
50 ft
N/A
N/A
layer due to a structural
or textural change
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I "Building sewer" as defined by the most current edition of the Uniform Plumbing Code. "Non -
perforated distribution" includes pressure sewer transport lines.
2 If surface water is used as a public drinking water supply, the designer shall locate the OSS outside of
the required sanitary control area.
3 Measured from the ordinary high -water mark.
4 The local health officer may approve a sewer transport line within 10 feet of a water supply line if the
sewer line is constructed in accordance with section 2.4 of the department of ecology's "Criteria For
Sewage Works Design," revised October 1985, or equivalent.
5 In the First Upland Zone of the Lake Whatcom Watershed (100 -500 feet inland) this separation shall be
200 feet. This distance shall be measured from the point that a water supply line crosses the Lake
Whatcom high water line.
6 Before any component can be placed within 100 feet of a well, the designer shall submit a
"decommissioned water well report" provided by a licensed well driller, which verifies that appropriate
decommissioning procedures noted in chapter 173 -160 WAC were followed. Once the well is properly
decommissioned, it no longer provides a potential conduit to groundwater, but septic tanks, pump
chambers, containment vessels or distribution boxes should not be placed directly over the site.
7 The local health officer may allow a reduced horizontal separation to not less than two feet where the
property line, easement line, or building foundation is up- gradient.
8 The item is down- gradient when liquid will flow toward it upon encountering a water table or a
restrictive layer. The item is up- gradient when liquid will flow away from it upon encountering a water
table or restrictive layer.
9 In the Lake Whatcom Watershed, this separation shall be 100 feet from an open or enclosed drainage
ditch.
10 The minimum downslope separation between the toe of the non - pressurized mound and property lines,
easement lines, or possible effluent surfacing point shall be 30 feet. If the toe of the non - pressurized mound
is located at a lower elevation than these features, the 30 -foot separation may be reduced. In no case shall it
be less than 5 feet.
11 For an intermittent stream, this separation may be reduced to 50 feet.
41 (2) Where any condition indicates a greater potential for contamination or pollution, the local
42 health officer or the department may increase the minimum horizontal separations.
43 Examples of such conditions include excessively permeable soils, unconfined aquifers,
44 shallow or saturated soils, .dug wells, and improperly abandoned wells.
45
46 (3) The horizontal separation between an OSS disposal component and an individual water
47 well, spring, or surface water can be reduced to a minimum of 75 feet, by the local health
48 officer, and be described as a "conforming ". system upon signed approval by the health
49 officer if the applicant demonstrates:
50
51 (a) Adequate protective site specific conditions, such as physical settings with low
52 hydro- geologic susceptibility from contaminant infiltration. Examples of such
53 conditions include evidence of confining layers and or aquatards separating
23
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
potable water from the OSS treatment zone, excessive depth to groundwater,
down - gradient contaminant source, or outside the zone of influence; or
(b) Design and proper operation of an OSS system assuring enhanced treatment
performance beyond that accomplished by meeting the vertical separation and
effluent distribution requirements described in WCC 24.05.12(2)(f) Table IV page
30; or
(c) Evidence of protective conditions involving both 3(a) and (b) of this section; and
(d) The well conforms to WAC 173 -160 Minimum Standards for Construction and
Maintenance of Wells if applicable.
(4) Persons shall design and/or install disposal components only where:
(a) The slope is less than forty-five percent (twenty -four degrees);
(b) The area is not subject to:
(i) Encroachment by buildings or construction such as placement of
swimming pools, power poles and underground utilities;
(ii) Cover by impervious material;
(iii) Vehicular traffic; or
(iv) Other activities adversely affecting the soil or the performance of the OSS.
(c) Sufficient reserve area for replacement exists. to treat and dispose of 100% of the
design flow;
(d) The land is stable; and
(e) ' Surface drainage is directed away from the site.
(f) A radius of 100 feet drawn from the perimeter of the OSS and reserve area shall
not encumber more than 25 percent of any adjacent platted lot if the plat plan
approved was based upon a plan for a non - public water supply on each lot. The
applicant may request a variance from the local health officer.
(5) New OSS shall be located on the same lot as the buildings they are designed to serve, or
on a separate lot if a permanent easement for access, maintenance and repair is obtained
and recorded.
(6) The 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
24
1 between the disposal component and the ordinary high water mark required by WCC
2 24.05. 10 Table I page 22, provided that:
3
4 (a) The system meets all requirements of WCC 24.05.12 page 28;
5
6 (b) The system complies with all other requirements of WCC 24.05. 10 page 22 and
7 WCC 24.05.18 page 41;
8
9 (c) Horizontal separation between the disposal component and the ordinary high
10 water mark is 50 feet or greater; and
11
12 (d) Vertical separation is 3 feet or greater with a conventional gravity drainfield, or 2
13 feet or greater with a conventional pressure distribution drainfield.
14
15
16 24.05.11 Soil and Site Evaluation.
17
18 (1) The local health officer or department shall permit only engineers, qualified designers
19 and soil scientists to perform soil and site evaluations.
20
21 (2) The person evaluating the soil and site shall:
22
23 (a) Record:
24
25 (i) A sufficient number of soil logs to evaluate conditions within:
26
27 (A) The initial disposal component; and
28
29 (B) The reserve area.
30
31 (ii) The ground water conditions, the date of the observation, and the probable
32 maximum height;
33
34 (iii) The topography of the site;
35
36 (iv) The drainage characteristics of the site;
37
38 (v) The existence of structurally deficient soils subject to major wind or water
39 erosion events such as slide zones and dunes;
40
41. (vi) The existence of designated flood plains; and
42
43 (vii) The location of existing encumbrances affecting system placement, such
44 as:
45
46 (A) Wells and suction lines;
25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
(B) Water sources and supply lines;
(C) Surface water;
(D) Abandoned wells;
(E) Outcrops of bedrock and restrictive layers;
(F) Buildings;
(G) Property lines and lines of easement;
(H) Interceptors such as footing drains, curtain drains and drainage
ditches;
(I) Cuts, banks, and fills;
(J) Driveways and parking areas;
(K) Existing OSS; and
(L) Underground utilities.
(b) Use the soil and site evaluation procedures and terminology in accordance with
chapter 3 and Appendix A of the "Design Manual: On -site Wastewater Treatment
and Disposal Systems ", United States Environmental Protection Agency, EPA -
625/1-80 -012, October, 1980, except where modified by, or in conflict, with this
chapter (available upon written request to the. department);
(c) Use the soil names and particle size limits of the United States Department of
Agriculture Soil Conservation Service classification system;
(d) Determine texture, structure, compaction and other soil characteristics that affect
the treatment and water movement potential of the soil by using normal field
and/or laboratory procedures such as particle size analysis; and
(e) Classify the soil as in Table II, Soil Textural Classification:
TABLE H
Soil Textural Classification
Soil Type
Soil Textural Classifications
lA
Very gravelly coarse sands or coarser.
All extremely gravelly2 soils.
1B
Very gravelly medium sand, very gravelly fine sand,
very gravelly very fine sand, very gravelly loamy sands.
2A
Coarse sands (also includes ASTM C -33 sand).
2B
Medium sands.
3
Fine sands, loamy coarse sands, loamy medium sands.
4
Very fine sands, loamy fine sands, loamy very fine sands,
sandy loams, loams.
5
Silt loams, that are porous and have well developed
structure.
26
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
1 Very Gravelly = >35% and <60% gravel and coarse fragments, by volume.
2 Extremely Gravelly = >60% gravel and coarse fragments, by volume.
(3) The owner of the property or his agent shall:
(a) Prepare the soil log excavation to:
(i) Allow examination of the soil profile in its original position by:
(A) Excavating pits of sufficient dimensions to enable observation of
soil characteristics by visual and tactile means to a depth three feet
deeper than the anticipated bottom of the disposal component; or
(B) Stopping at a shallower depth if a water table or restrictive layer is
encountered; and
(ii) Allow determination of the soil's texture, structure, color, bulk density or
compaction, water absorption capabilities or permeability, and elevation of
the highest seasonal water table; and
(b) Assume responsibility for constructing and maintaining the soil log excavation in
a manner to reduce potential for physical injury by:
(i) Placing excavated soil no closer than 2 feet of the excavation;
(ii) Providing a ladder, earth ramp or steps for safe egress to a depth of 4 feet,
then scoop out a portion from the floor to gain the additional 2 foot depth
necessary to observe the 6 feet of soil face, however the scooped portion is
not to be entered;
(iii) Provide a physical warning barrier around the excavation's perimeter; and
(iv) Fill the excavation upon completion of the. soil log.
(4) The local health officer:
27
(a) Shall render a decision on the height of the water table within 12 months of
receiving the application under - precipitation conditions typical for the region;
(b) May require water table measurements to be recorded during'the wet season, if
. insufficient information is available to determine the highest seasonal water table;
(c) May require any other soil and site information affecting location, design, or
installation; and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
(d) May reduce the required number of soil logs for OSS serving a single family
residence if adequate soils information has previously been developed.
24.05.12 Design.
(1) The local health officer shall require that on -site sewage systems be designed only by
engineers or licensed designers. Licensed designers shall meet all requirements of WCC
24.05.24(1) Licensing, page 50.
(2) The local health officer shall require the following design criteria:
28
(a) All the sewage from the building served is directed to the OSS;
(b) Drainage from the surface, footing drains, roof drains, and other non - sewage
drains is prevented from entering the OSS and the area where the OSS is located;
(c) The OSS is designed to treat and dispose of the following flows:
(i) For single family residences, 120 gallons per bedroom per day, with a
minimum of 240 gallons per day, unless technical justification is provided
to support calculations using a lower design flow;
(ii) For other facilities, the design flows noted in "Design Manual: On -site
Wastewater Treatment and Disposal Systems ", United States
Environmental Protection Agency, EPA - 625/1 -80 -012, October, 1980
(available upon written request to the department). If the type of facility is
not listed in the EPA design manual, design flows from one of the
following documents are used:
(A) "Design Standards for Large On -site Sewage Systems," 1993,
Washington state department of health (available upon request to
the department); or
(B) "Criteria for Sewage Works Design ", revised October 1985,
Washington state department of ecology (available upon written
request to the department of ecology).
(d) Septic tanks:
(i) Are included on the approved list available upon request from the local
health officer;
(ii) Have the following minimum liquid capacities:
(A) For a single family residence use Table III, Required Minimum
Liquid Volumes of Septic Tanks:
A
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
29
(e)
TABLE III
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 facilities handling residential sewage, other than one single
family residence, 1.5 times the daily design flow with a minimum
of 1000 gallons;
(iii) The septic tank shall have at least two compartments.
(iv) All septic tanks shall have access ports with risers extending to within 12"
of the finished ground surface.
(v) The septic tank inlet baffle will have an access port with a riser extending
to the ground surface. The riser must have a minimum diameter of six
inches and have a sewer gas leak -proof cover. A water meter box or
equivalent is required to provide location, protection and access to the
riser. The design must be approved by the local health officer.
(vi) Are designed with protection against floatation and ground water intrusion
in high ground water areas;
Pump chambers:
(i) Are included on the approved list available upon request from the local
health officer;
(ii) Have clean-out and inspection accesses at or above finished grade; and
(iii) Are designed with protection against floatation, ground water intrusion,
and surface water inflow in high ground water areas;
Methods for effluent distribution shall correlate to Soil Types 1 A through Soil
Type 5 as described by Table IV of this section:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
TABLE IV
Methods Of Effluent Distribution For Soil Tvoes And Deaths
30
1 System meeting Treatment Standard 2 required.
2 Mound systems installed where the original, undisturbed, unsaturated soil depth is between 12 and 18
inches, require pretreatment by an approved alternative device capable of
meeting Treatment Standard 2.
(g) SSAS beds are only designed in Soil Types 2A, 2B, or 3, with a width not
exceeding 10 feet;
(h) Designs for conventional gravity systems in Soil Type IA are not permitted due to
the inadequate treatment performance capability of coarse grained soils.
However, an exception may be permitted by the local health officer if the site
meets all of the following criteria:
(i) System serves a single family residence;
(ii) The lot size is greater than 2.5 acres;
(iii) Annual precipitation in the region is less than 25 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);
(iv) The system is located outside all areas of special concern ;
(v) The system is located outside the 12 county Puget Sound Water Quality
Authority region; and
Vertical
Separation
Soil
< 1 foot
> 1 foot to
> 2 feet to
> 3 feet
Type
< 2 feet
< 3 feet
1A
Not allowed
Pressure
Pressure
Pressure
Distribution
Distribution
Distribution
(see note)) & 2
(see note) 1
(see note)1
2A
Not allowed
Pressure
Pressure
Pressure
Distribution
Distribution
Distribution
(see note)1 & 2
1B - 5
Not allowed
Pressure
Pressure
Gravity
Distribution
Distribution
Distribution
(see note)1 & 2
30
1 System meeting Treatment Standard 2 required.
2 Mound systems installed where the original, undisturbed, unsaturated soil depth is between 12 and 18
inches, require pretreatment by an approved alternative device capable of
meeting Treatment Standard 2.
(g) SSAS beds are only designed in Soil Types 2A, 2B, or 3, with a width not
exceeding 10 feet;
(h) Designs for conventional gravity systems in Soil Type IA are not permitted due to
the inadequate treatment performance capability of coarse grained soils.
However, an exception may be permitted by the local health officer if the site
meets all of the following criteria:
(i) System serves a single family residence;
(ii) The lot size is greater than 2.5 acres;
(iii) Annual precipitation in the region is less than 25 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);
(iv) The system is located outside all areas of special concern ;
(v) The system is located outside the 12 county Puget Sound Water Quality
Authority region; and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(vi) The geologic conditions beneath the disposal component must satisfy the
minimum unsaturated depth requirements to groundwater identified by
interpreting a readable, representative well log. The method for
determination is described by "Design Guideline for Conventional Gravity
Systems In Soil Type IA", (Available upon written request to the
department).
(i) Individual SSAS laterals greater than one hundred feet in length are to use
pressure distribution;
(j) OSS having daily design flows between 1000 and 3,500 gallons of sewage per
day:
(i) Are located only in Soil Types 1 - 5;
(ii) Are located on slopes of less than thirty percent, or 17 degrees; and
(iii) Have pressure distribution;
(k) Conventional gravity systems and conventional pressure distribution system have:
(i) The calculation of absorption area based upon the design flows in
subsection (2)(c) of this section and loading rates equal to or less than
those in Table V, Maximum Hydraulic Loading Rate for Residential
Sewage, and applied only to the bottom of the trench of the excavation.
TABLE V
Maximum Hydraulic Loading Rate
For Residential Sewagel
Soil
Loading Rate
Type
Soil Textural Classification Description
Gal. /sq. ft. /day
lA
Very gravelly coarse sands or coarser,
Varies according to system
extremely gravelly3 soils.
selected to meet Treatment
Standard 2
1B
Very gravelly medium sands, very gravelly fine sands,
Varies according to soil type of
very gravelly very fine sands,
the non - gravel portion 4
very gravelly loamy sands.
2A
Coarse sands (includes the ASTM C-33 sand).
1.2
2B
Medium sands.
1.0
3
Fine sands, loamy coarse sands, loamy medium sands.
0.8
4
Very fine sands, loamy, fine sands,
0.6
loamy very fine sands, sandy loams, loams.
5
Silt loams that are porous and have well developed
0.45
structure.
31
1 1 Compacted soils, cemented soils, and/or poor soil structure may require a reduction of the loading rate or
2 make the soil unsuitable for conventional OSS systems.
3
4 2 Very Gravelly = >35% and <60% gravel and coarse fragments, by volume.
5
6 3 Extremely Gravelly = >60% gravel and coarse fragments, by volume.
7
8 4 The maximum loading rate listed for the soil described as the non - gravel portion is to be used for
9 calculating the absorption surface area required. The value is to be determined from this table.
10
11 (ii) The bottom of a SSAS shall not be deeper than three feet below the
12 finished grade, except under special conditions approved by the local
13 health officer. The depth of such system shall not exceed ten feet from the
14 finished grade.
15
16 (iii) The sidewall below the invert of the distribution pipe is located in original,
17 undisturbed soil;
18
19 (iv) Twelve inches of 3/4" - 2 1/2" washed, clean gravel, covered with a layer
20 of geotextile for conventional gravity distribution; and
21
22 (v) Nine inches of 3/4" - 2 1/2" washed, clean gravel, covered with a layer of
23 geotextile for conventional pressure distribution; and
24
25 (vi) A cover of between twelve and twenty-four inches of Type 1B - 5 mineral.
26 soil containing no greater than 10% organic content over the gravel to
27 preclude accumulation of water over the drainfield.
28
29 (vii) A distance of six feet between the sidewalls of adjacent trenches or beds.
30
31 (viii) The local health officer may require installation of observation ports in
32 each individual lateral or bed which extend from the bottom of the gravel
33 to the finished grade for monitoring OSS performance.
34
35 (1) For other features, conventional gravity systems shall conform with the "Design
36 Manual: On -site Wastewater Treatment and Disposal Systems," United States
37 Environmental Protection Agency, EPA - 625/1 -80 -012, October, 1980 (available
38 upon written request to the department) except where modified by, or in conflict
39 with this section.
40
41 (3) When proposing the use of OSS for non - residential sewage, the designer shall provide to
42 the local health officer:
43
44 (a) Information to show the sewage is,not industrial wastewater;
45
46 (b) Information to establish the sewage's strength and identify chemicals found in the
47 sewage that are not found in residential sewage; and
48
32
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
(c) A design providing treatment equal to that required of residential sewage.
(4) The local health officer:
(a) Shall approve only OSS designs meeting the requirements of this chapter;
(b) Shall only permit the use of septic tanks, pump chambers, and holding tanks on
the approved list under subsection (5)(d) of this section;
(c) Shall not approve designs for:
(i) Cesspools;
(ii) Seepage pits; or
(d) May approve a design for the reserve area different than the design approved for
the initial OSS, if both designs meet the requirements of this chapter for new
construction.
(5) The department shall:
(a) Develop and maintain design and construction standards for septic tanks, pump
chambers, and holding tanks.
(b) Review septic tanks, pump chambers, and holding tanks, approving those
satisfying the design and construction standards developed by the department.
(c) Require an annual report from the manufacturers or distributors of all products on
the approved list under subsection (5)(d) of this section which assures that the
product still meets the standards defined in this section, before relisting the
product.
(d) Maintain a list of approved septic tanks, pump chambers, holding tanks that meet
design and construction standards available upon request from the local health
officer.
(e) Make periodic checks of products approved under this subsection.
(6) Persons desiring to manufacture or distribute septic tanks, pump chambers, holding tanks
for use in an OSS shall:
33
(a) Certify the product meets standards for subsection (5)(a) of this section and
submit the required documentation to the department for approval when:
(i) The manufacturer or distributor needs initial departmental review and
listing to allow permitting by the local health officer or department;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22.
23
24
25
26
27
28
29
30
31
32
33
34
35
36
(ii) The department amends the applicable criteria or standards; or
(iii) The manufacturer or distributor alters the product;
(b) Submit an annual report acceptable to the department to retain departmental
approval; and
(c) Pay required fees to the department.
(7) Within the Lake Whatcom Watershed, the following zones shall be established as listed
in Table VI:
TABLE VI
Lake Whatcom Watershed Requirements
Zone
Distance from
Original,
Depth to
Vertical
Approved fill
Lake
undisturbed
Seasonal
Separation)
material
permeable
Water Table
allowed
soil depth
Waterfront
0 - 100 ft
No OSS
No OSS
No OSS
No OSS allowed
allowed
allowed
allowed
First
100 - 500 ft
6 feet
6 feet
4 feet
No
Second
500 - 1000 ft
5 feet
5 feet
4 feet
No
Third
1000 - Boundary
3 feet
3 feet
3 feet
Yes
1 Alternative devices are not a substitute for required minimum soil depths.
34
(a) Systems designed within each zone shall meet all requirements of Table VI for
that zone and: -
(i) Minimum depth of undisturbed, original permeable soil shall extend a
minimum distance of 100 feet toward the lake and shall extend a minimum
distance laterally of 10 feet from all other sides of the OSS.
(ii) No installations will be permitted in soil with a sewage effluent
application rate slower than 0.6 gal. /sq.ft. /day.
(iii) Drainfields shall not be installed in areas where the slope of the land
exceeds 15 percent.
(iv) The minimum septic tank capacity shall be 1,000 gallons.
(b) A copy of the OSS permit and site plan of each system installed shall be posted in
the premises and shall be a permanent record of its location and dimensions.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
24.05.13 Guidelines for Whatcom County Non- pressurized Mounds
(1)
35
The local health officer shall the require the following additional design criteria for non-
pressurized mounds:
(a) Gravity fill material shall be placed to provide a total of 5 feet of permeable
soil in an area sufficient to accommodate the absorption bed and reserve area.
(i) Level sites: On ground not exceeding a 5 percent grade, absorption
beds shall be placed side by side following the contour of the land.
Gravity fill material at the required depth shall extend to a point at least 10
feet beyond the absorption bed edge and shall be level. A sloping buffer
zone of permeable soil shall extend a minimum of 10 feet beyond all edges
of the gravity fill material.
(ii) Sloping sites: On ground with a grade of 6 percent to 12 percent,
absorption beds shall be placed end to end following the contour of the
land. Gravity fill material at the required depth shall extend to a point at
least 5 feet beyond the outermost absorption bed edge and shall be level.
An additional 20 feet shall slope downhill. A sloping buffer zone of
permeable soil shall extend a minimum of the following distances beyond
the gravity fill material : downhill, 10 feet; side, 5 feet; .
(b) Each absorption bed shall be sized based on 120 gal/day/bedroom and a
sewage effluent application rate of 1.2 gal/sq.ft. /day.
(c) The beds shall be a maximum width of 6 feet with at least 6 feet between
sidewalls of adjacent beds.
(d) Both main and reserve areas shall be installed utilizing a readily accessible
diversion valve.
(e) A minimum of 18 inches of undisturbed, unsaturated, original soil as
measured from the ground surface is required for placement of a non - pressurized
mound. If the non - pressurized mound is preceded by an inteFmiftent sand filter--a
device capable of meeting Treatment Standard 2, the minimum soil depth
requirement is 12 inches.
(f) Soil to be used as gravity fill material shall meet the sieve test standards in
Table VII.
1
2
3
4
5
6
7
s
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
TABLE VII
Sieve Test Standards for Gravity Fill Material
Sieve Test
Percent Passing
3%4"
85-100
#4
70-100
#60
6-45
#100
0-22
#200
0 - 7
(g) Buffer material shall be gravity fill material or permeable soil of Types 1 -5.
(h) Pumping of effluent to the diversion valve of a non - pressurized mound is
permitted.
Upon the leea b.enitb,
effieer will issue
" tteri�rtent
to L`;11-rzrl".
After-
(2) reyal,
the izT—°F ��P �
leeal heaUh
be issued The "Letter-
t to F "
shall
th
effiESrthen— a pennit shall
f-.-l.m the ante
expire five f iss.
r b..,
years e
lee al b,e.,lth a f-f eer
aneso and maybe r-e
nowed upe
w
24.05.14 Holding Tank Sewage Systems.
(1) Persons shall 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.
(c) For repairs as permitted under WCC-24.05.18(l)(c)(i) page 41.
(3) A person proposing to use a holding tank sewage system shall:
36
(a) Follow established design criteria established by the department;
(b) Submit a management program to the local health officer assuring ongoing
operation and maintenance before the local health officer issues the installation
permit; and
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(c) Use a holding tank on the current approved list under WCC 24.05.12(5)(d) page
33;
24.05.15 Installation.
(1) The local health officer shall require approved installers to construct OSS, except as
noted under subsection (2) of this section. Certified installers shall meet all requirements
of Section 24.05.24(2) Licensing, page 51.
(2) The local health officer may exempt OSS installers from certification requirements if they
meet all the following:
(a) The OSS installer owns or has a beneficial interest as a contract purchaser of the
land on which the OSS is to be installed; and
(b) The OSS is either located on the same lot as the residence or situated on adjoining
property controlled by the owner and legally listed as an encumbrance; and
(c) The OSS installer will reside in or use the building served by the OSS; and
(3) Person's engaged in the business of buying, selling and constructing homes or land shall
not qualify for the certification exemption.
(4) All persons employed to construct, install or alter a sewage disposal system shall be
employees of a licensed installer; and
(5) The installer described by either (1) or (2) of this section shall:
37
(a) Follow the approved design;
(b) Have the approved design in possession during installation;
(c) Only install septic tanks, pump chambers, and holding tanks approved by the
department;
(d) Be on the site at all times during the excavation and construction of the OSS;
(e) Install the OSS to be watertight, except for the disposal component;
(f) Cover the installation only after the local health officer has given approval to
cover; and
(g) Back fill and grade the site to prevent surface water from accumulating over any
component of the OSS;
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24.05.16 Inspection.
(1) 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-
(i) The designer is qualified; and
(ii) The designer is not also named as installer of the system; and
(iii) A qualified installer installed the OSS.
J
(c) Keep the "as- built" or "record" drawings on file.
(2) The person responsible for the final construction inspection shall:
(a) Assure the OSS meets the approved design; and
(b) Direct the person responsible for final cover of the system to place a permanent
marker at finished grade where needed to identify the location of the septic tank's
first manhole.
(3) The designer or installer, as directed by the local health officer, upon completion of the
OSS shall develop and submit a complete and detailed, "as- built" or "record drawing" to
both the health officer and the OSS owner that include:
(a) For new OSS, measurements to existing site features enabling the first
tank manhole to be easily located, and a dimensioned reserve area; and
(b) For repaired or altered OSS, the new, repaired, or altered components with
their relationship to the existing system.
(4) Prior to covering the newly installed OSS, the installer shall notify the local health officer
that the system is ready to be inspected.
eetien will be required en!�, if so indiesated en the peEmit at the time ef is-suffinee. of
permit. The local health officer shall cause an inspection to be madetiwithin a reasonable
time, which shall not exceed 16 working hours from the time of notification. If any
portion of the work is covered before it is inspected and approved, the same shall, when
ordered, be uncovered by the installer prior to inspection.
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24.05.17 Operation and Maintenance.
(1) The OSS owner is responsible for properly operating and maintaining the OSS, and shall:
(a) Determine the level of solids and scum in the septic tank once every three years;
(b) Employ an approved pumper to remove the septage from the tank when the level
of solids and scum indicates that removal is necessary;
(c) Protect the OSS area and the reserve area from:
(i) Cover by structures or impervious material;
(ii) Surface drainage;
(iii) Soil compaction, for example by vehicular traffic or livestock; and
(iv) Damage by soil removal and grade alteration;
(d) Keep the flow of sewage to the OSS at or below the approved design both in
quantity and waste strength;
(e) Operate and maintain alternative systems as directed by the local health officer;
and
(f) Direct drains, such as footing or roof drains away from the area where the OSS is
located
(g� Prior to final inspection by the health officer of an OSS utilizing an Aerobic
Treatment Unit obtain. sign, notarize and record at the Whatcom County
Assessor's Office a HHS approved Aerobic Treatment Unit Service Contract.
The Aerobic Treatment Unit owner must renew, upon expiration, the Aerobic
Treatment Unit Service Contract. The Aerobic Treatment Unit Representative
shall notify HHS in writing of failure of any Aerobic Treatment Unit owner to
renew an Aerobic Treatment Unit Service Contract within 30 days following the
expiration of the Aerobic Treatment Unit Service Contract.
(2) The local health officer shall:
39
(a) Provide operation and maintenance information to the OSS owner upon approval
of any installation, repair or alteration of an OSS; and
(b) Develop and implement plans to:
(i) Monitor all OSS performance within areas of special concern;
1 (ii) Initiate periodic monitoring of each OSS no later than January 1, 2000, to
2 assure that each OSS owner properly maintains and operates the OSS in
3 accordance with this section and in accordance with other applicable
4 operation and maintenance requirements.
5
6 (iii) Disseminate relevant operation and maintenance information to OSS
7 owners through effective means routinely and upon request; and
9 (iv) Assist in distributing educational materials to OSS owners.
10
11 ( cL Place a Notice with the Title of the property served by the ATU if the owner of
12 the property fails to obtain or renew an Aerobic Treatment Unit Service Contract
13 pursuant to WCC 24.05.17 (1) (g). The Notice shall be removed by the health
14 officer when the health officer is notified and can verify that an Aerobic
15 Treatment Unit Service Contract is obtained, signed, notarized and recorded at the
16 Assessor's Office.
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18 (3) Persons shall not:
19
20 (a) Use or introduce strong bases, acids or chlorinated organic solvents into an OSS
21 for the purpose of system cleaning.
22
23 (b) Use a sewage system additive unless it is specifically approved by the department;
24 or
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26 (c) Use an OSS to dispose of waste components atypical of residential wastewater.
27
28 (4) The local health officer shall require annual inspections of OSS serving food service
29 establishments and may require pumping as needed.
30
31 (5) The local health officer may require the owner of the OSS to:
32
33 (a) Use one or more of the following management methods or another method
34 consistent with the following management methods for proper operation and
35 maintenance:
36
37 (i) Obtain and comply with the conditions of a renewable or operational
38 permit;
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40 (ii) Employ a public entity eligible under Washington state statutes to, directly
41 or indirectly, manage the OSS; or
42
43 (iii) Employ a private management entity, guaranteed by an public entity
44 eligible under Washington state statutes or sufficient financial resources,
45 to manage the OSS;
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40
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(b) Evaluate any effects the OSS may have on groundwater or surface water; and/or
(c) Dedicate easements for inspections, maintenance, and potential future expansion
of the OSS.
(6) Persons may obtain a handbook with material outlining management methods to achieve
proper operation, maintenance, and monitoring of OSS from the department one year
after the effective date of this chapter.
24.05.18 Repair of Failures.
(1) When an OSS failure occurs, the OSS owner shall:
41
(a) Repair or replace the OSS with a permitted conforming system or a permitted
Table VIII repair 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; or
(ii) Privately owned LOSS where it is deemed economically feasible; or
(iii) Public sewer; or
(c) Perform one of the following when requirements in subsections (1)(a) or (1)(b) of
this section are not feasible:
(i) Use a holding tank for an interim period prior to installing a permitted
repair; 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 disposal of treated effluent is
discharge to the surface of the land or into surface water; or
(iii) Abandon the property.
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(2) Prior to replacing or repairing the effluent disposal component, the OSS owner shall
develop and submit information required under WCC 24.05.09(1) page 17.
(3) The local health officer shall permit a Table VIII repair only when:
(a) Installation of a conforming system is not possible; and
(b) Connection to either an approved LOSS or a public sewer is not feasible.
(4) The person responsible for the design shall locate and design repairs to:
(a) Meet the requirements of Table VIII if the effluent treatment and disposal
component to be repaired or replaced is closer to any surface water, well, or
spring that is not used as a public water source as prescribed by the minimum
separation required in Table 1 of WCC 24.05.10(1) page 22;
TABLE VIII
Requirements for Repair or Replacement of Disposal Components
lvot Meeting verticat ana Horizontat reparations ,�
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1 The treatment standards refer to effluent quality before discharge to unsaturated, subsurface soil.
2 The local health officer may permit ASTM C -33 sand to be used as fill to prevent direct discharge of
treated effluent to ground water, surface water, or upon the surface of the ground.
3 The horizontal separation indicated is the distance between the disposal component and the surface
water, well, or spring. If the disposal component is up- gradient of a surface water, well, or spring to be
used as a potable water source, the next higher standard level of treatment shall apply unless treatment
standard 1 is already being met.
4 Mound systems are not allowed to meet treatment standard 2.
(b) Protect drinking water sources;
(c) Prevent the direct discharge of sewage to ground water, surface water, or upon the
surface of the ground;
Horizontal
.... .. _ .................... _. _.
Vertical Separation
Separation in
in feet
Feet3
�.
< 25
25-50
> 50 -:5100
<1
Treatment
Treatment
Treatment
Standard 1
Standard 1
Standard 2 4
1 -2
Treatment
Treatment
Pressure
Standard 1
Standard 2 4
Distribution
>2
Treatment
Pressure
Pressure
Standard 2 4
Distribution
Distribution
42
1 The treatment standards refer to effluent quality before discharge to unsaturated, subsurface soil.
2 The local health officer may permit ASTM C -33 sand to be used as fill to prevent direct discharge of
treated effluent to ground water, surface water, or upon the surface of the ground.
3 The horizontal separation indicated is the distance between the disposal component and the surface
water, well, or spring. If the disposal component is up- gradient of a surface water, well, or spring to be
used as a potable water source, the next higher standard level of treatment shall apply unless treatment
standard 1 is already being met.
4 Mound systems are not allowed to meet treatment standard 2.
(b) Protect drinking water sources;
(c) Prevent the direct discharge of sewage to ground water, surface water, or upon the
surface of the ground;
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(d) Meet the horizontal separations under WCC 24.05.10(1) page 22 to public
drinking water sources;
(e) Meet other requirements of this chapter to the maximum extent permitted by the
site;
(f) Maximize the:
(i) Vertical separation;
(ii) Distance from a well, spring, or suction line; and
(iii) Distance to surface water;
(5) The local health officer shall identify Table VIII repair permits for the purpose of
.tracking future performance.
(6) An OSS owner receiving a Table VIII repair permit from the local health officer shall:
(a) Immediately report any failure to the local health officer;
(b) Monitor the performance of the OSS according to the "Interim Guidelines for the
Application of Treatment Standards 1 & 2, using Alternative On -site Sewage
Treatment/Disposal Systems" amended. August 4,1992, (available upon written
request to the department of health) and report the results to the local health
officer at a minimum frequency of-
(i) Quarterly when Treatment Standard 1 is required; and
(ii) Annually when Treatment Standard 2 is required;
(c) Comply with all local and state requirements stipulated on the permit.
24.05.19 Expansions.
(1) The local health officer shall require an on -site sewage system 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) Any necessary permits for the sewage disposal system repair or construction must be
issued prior to final building plan approval.
43
1
24.05.20 Abandonment.
2
3
(1)
Persons permanently removing a septic tank, seepage pit, cesspool, or other sewage
4
container from service shall:
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(a) Have the septage removed by an approved pumper;
7
s
(b) 'Remove or destroy the lid; and
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(c) Fill the void with soil.
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12
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24.05.21 Septage Management.
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(1)
An individual shall be approved by the local health officer as a qualified pumper before
16
removing septage from an OSS. Licensed pumpers shall meet all requirements of WCC
17
24.05.24(3) Licensing, page 51.
to
19
(2)
Persons removing septage from an OSS shall:
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(a) Assure that the truck septage tank will be fully closed and water - tight. The tank
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outlet device shall have a locking device properly placed to ensure sanitary
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dumping and to prevent any spillage or leakage of sewage. The suction hose shall
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be constructed of readily cleanable material and shall be kept in a clean and
25
sanitary condition.
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(b) Assure that each vehicle used by a licensed pumper for cleaning of sewage
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disposal systems shall be identified with a sign reading, "Whatcom County Health
29
Department license # ." The letters and numbers of said sign shall be
30
affixed on both sides of each vehicle, at least one inch in height and in a
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contrasting color to the vehicle color.
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(c) Record and report septage removal to the local health officer. Septage removal
34
records shall be made available to the local health officer upon request to veri fy
35
volumes of septage humped in Whatcom County.
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(d) Dispose of septage, or apply septage biosolids to land only in a manner consistent
38
with applicable laws.
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24.05.22 Developments, Subdivisions, and Minimum land area requirements.
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(1)
A person proposing the development shall obtain approval from the local health officer
44
prior to any development where the use of OSS is proposed.
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(2)
The local health officer shall require the following prior to approving any development:
47
44
1 (a) Site evaluations as required under WCC 24.05.11 page 25;
2
3 (b) Where a subdivision with individual wells is proposed:
4
5 (i) Configuration of each lot to allow a 100 -foot radius water supply
6 protection zone to fit within the lot lines; or
7
s (ii) Establishment of a 100 -foot protection zone around each existing and
9 proposed well site;
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11 (c) Where preliminary approval of a subdivision is requested, provision of at least
12 one soil log per proposed lot, unless the local health officer determines existing
13 soils information allows fewer soil logs;
14
15 (d) Determination of the minimum lot size or minimum land area required for the
16 development using Method I and/or Method II:
17
18 (i) METHOD I. Table IX, Single Family Residence Minimum Lot Size or
19 Minimum Land Area Required Per Unit Volume of Sewage, shows the
20 minimum lot size required per single family residence. For developments
21 other than single family residences, the minimum land areas shown are
22 required for each unit volume of sewage.
23
24 TABLE IX
25 Minimum Land Area Requirement
26 Single Family Residence or Unit Volume of Sewage
27
Type of
Soil Type
Water
(defined by
Supply
section
24.05.11)
1A, 1B
2A, 2B
3
4
5
0.5 acre
Public
12,500
15,000
18,000
20,000
sq. ft.
sq. ft.
sq. ft.
sq. ft.
2.5 acre
Individual,
1.0 acre
on each lot
2 acre
2 acre
2 acre
2 acres
2.5 acres
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29 1 Due to the highly permeable nature of Soil Type IA, only alternative systems which
30 meet or exceed Treatment Standard 2 can be installed.
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(ii) METHOD II. A minimum land area proposal using Method H is
acceptable only when the designer:
(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 WCC
24.05.09(1)(c)(v) page 19 and WCC 24.05.11(2)(a)(vii)
page 25; and
(XVI) Any other information required by the local health officer.
(B) Shows development with public water supplies having:
(I) At least 12,500 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 OSS;
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(ii) Assure preservation of reserve areas for proposed and existing OSS;
(iii) Properly treat and dispose of the sewage; and
(iii) Minimize public health effects from the accumulation of contaminants in
surface and ground water.
(3) The local health officer shall require lot areas of 12,500 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 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 WAC 246 - 272 -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 may:
47
(a) Allow inclusion of the area to the centerline of a road or street right -of -way in a
Method II determination under subsection of WCC 24.05.22(2)(d)(ii) page 46 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 12,500 square feet in size.
(b) Require detailed plot plans and OSS designs prior to final approval of subdivision
proposals;
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(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 of special concern 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.
24.05.23 Designated Areas of Special Concern.
(1) The local health officer may recommend to the investigate an Board of Health areas for
formal designation as Areas of Special Concern. take appropriate Aefien t
Areas such as the following
may be considered for formal designation:
48
(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, chapter. 36.70A.170
RCW;
(d) Designated public water supply wellhead protection areas.
(e) Up- gradient 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
chapter 173 - 200 -090 WAC, Water Quality Standards for Ground Waters of the
State of Washington;
(g) Wetland areas under production of crops for human consumption;
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(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) When an area is recommended for formal
designation, the health officer must also specify my -more stringent requirements on new
developm and/or corrective measures necessary to protect public health upon existing
developme in the Aareas of 5special -Ceoncem-,inelu4mg. These requirements could
include measures such as:
(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 groundwater or surface water quality.
,(3) If the health officer's recommendations are approved by the Board of Health,
amendments to this chapter incorporating the recommendations shall be proposed for
action by the County Council.
(-34) Within Aareas of 5special _Ceoncern, to reduce the risk of system failures, a person
approved or designated by the local health officer shall:
49
(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 30 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;
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(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
24.05.24 Licensing.
(1) The applicant for a designer's license shall provide the following:
50
(a) Application for a designer's license shall be made on forms provided by the local
health officer. Application fees shall be payable at time of application.
(b) The local health officer shall determine by written and/or field examination the
applicant's knowledge of public health problems involved in the treatment of
sewage and necessary standards of design, construction and installation. If the
applicant does not receive a passing mark of 70 percent in any such examination,
the applicant shall be denied a license.
C) Before the issuance of a designer's license the applicant shall file with the local
health department. a surety bond issued by a surety insurer in a form acceptable to
the department in the sum of $2,000 running to Whatcom County. Said bond
shall be conditioned that the applicant will pay all amounts that may be adjudged
against applicant by reason of negligent or improper design work. The bond shall
be conditioned that the holder of the license and his or her agents in performing
work shall exercise reasonable care and skill and comply with these rules and
regulations. The surety upon the bond shall not be liable in an aggregate amount
in excess of the amount named in the bond.. The bond shall be kept in effect
during the period of time for which the license is issued. In the event the bond is
cancelled or any final judgment shall impair the liability of the surety upon the
bond so furnished, so that there shall not be in effect a bond undertaking in the
full amount of $2,000, the local health officer shall suspend the registration of
such designer until the full bond liability unimpaired by unsatisfied judgment
claims shall have been furnished. In lieu of the surety bond required by this
section, the applicant may file with the local health department a deposit
consisting of cash or other security acceptable to the local health officer. The
local health officer may promulgate rules and regulations necessary for the proper
administration of the security.
(d) A designer's license shall expire one year from the date of issuance. The
applicant shall apply for renewal on forms provided by the local health officer.
1 (e) One (1) Continuing Education Unit shall be required per year for license renewal.
z The designer shall provide proof to the local health officer that a continuing
3 education course was attended.
5 (f) The local health officer may suspend or revoke any designer's license if there has
6 been a finding of incompetency, negligence, wilful misrepresentation or failure to
7 comply with these rules and regulations or other applicable laws, rules and
8 regulations.
9
10 (g) A designer whose license has been revoked shall be' ineligible to reapply for a
11 license until 60 calendar days shall have passed from the date of the license
12 revocation.
13
14 (2) The applicant for an installer's license shall provide the following:
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16 (a) Application for an installer's license shall be made on forms provided by the local
17 health officer. Application fees shall be paid at the time of application.
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(b)
The local health officer shall determine by written and/or oral examination the
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applicant's knowledge of public health problems involved in the disposal of
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sewage and necessary standards of design, construction and installation. If the
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applicant does not receive a passing mark of 70 percent in any such examination,
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the applicant shall be denied a certification.
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(c)
The installer's license shall expire one year from the date of issuance . The
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applicant shall apply for renewal on forms provided by the local health officer.
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(d)
One (1) Continuing Education Unit shall be required per year for license renewal.
29
The installer shall provide proof to the local health officer that a continuing
30
education course was attended.
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(e)
Before the issuance of a installer's. license, the applicant shall file with the local
33
health officer satisfactory evidence demonstrating that said installer is a
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registered contractor as provided by Chapter 18.27 RCW and had obtained the
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required surety bond. In the event the installer's contractor registration shall lapse
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for any reason or the contractor's bond shall become impaired, then licensing by
37
the local health officer of said installer shall be suspended until the installer's
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registration as a contractor is reinstated and the contractor's bond is unimpaired.
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(f)
The local health officer may suspend or revoke any installer's- license if there has
41
been a finding of incompetency, negligence, wilful misrepresentation, or failure to
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comply with these rules and regulations or other applicable laws, rules and
43
regulations. The installation of an OSS for which a permit has not been obtained
44
shall be cause for the suspension or revocation of an installer's license.
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1 (g) An installer whose license has been revoked shall be ineligible to reapply for
2 recertification until 60 days have passed from the date of revocation of the
3 certificate.
5 (3) The applicant for a pumper's license shall provide the following:
7 (a) Application for a pumper's license shall be made on forms provided by the local
8 health officer. Application fees shall be paid at the time of application.
10 (b) The local health officer shall determine by written and/or oral examination the
11 applicant's knowledge of public health problems arising from the handling of
12 sewage and the safe disposal of the cleanings of sewage disposal systems. If the
13 applicant does not receive a passing mark of 70 percent, the applicant shall be
14 denied a license.
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16 (c) Before the issuance of a pumper's license, the applicant shall file with the local
17 health department a surety bond issued by a surety insurer in a form acceptable to
18 the local health officer running to Whatcom County. Said bond shall be
19 conditioned that the applicant will pay all amounts that may be adjudged against
20 applicant by reason of negligent or improper work or breach of contract on the
21 part of such pumper. The bond shall be conditioned that the holder of the license
22 and his or her agents in performing work shall exercise reasonable care and skill
23 and comply with these rules and regulations. The surety upon the bond shall not
24 be liable in an aggregate amount in excess of the amount named in the bond. The
25 bond shall be kept in effect during the period of time for which the license is
26 issued. In the event the bond is cancelled or any final judgment shall impair the
27 liability of the surety upon the bond so furnished so that there shall not be in
28 effect a bond undertaking in the full amount of $2,000, the local health officer
29 shall suspend the registration of such pumper until the full bond liability
30 unimpaired by unsatisfied judgment claims shall have been furnished. In lieu of
31 the surety bond required by this section, the applicant may file with the local
32 health department a deposit consisting of cash or other security acceptable to the
33 local health officer. The local health officer may promulgate rules and regulations
34 necessary for the proper administration of the security.
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36 (d) The applicant's equipment shall meet the requirements of subsections Section
37 24.05.21 (2)(a) and (2)(b) page 44 before a license may be issued.
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39 (e) The pumper's license shall expire one year from the date of issuance. Application
40 for renewal shall be made on forms provided by the local health officer.
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42 (f) The local health officer may suspend or revoke any pumper's license if there has
43 been finding of incompetency, negligence, wilful misrepresentation or failure to
44 comply with these rules and regulations or other applicable laws, rules and
45 regulations.
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I (g) A pumper whose license has been revoked shall be ineligible to reapply for a
2 license until 60 calendar days shall have passed from the date of this license
3 revocation.
5 (h) One (1) Continuing Education Unit shall be required per year for license renewal.
6 The pumper shall provide proof to the local health officer that a continuing
7 education course was attended.
9 (4 ) The applicant for an Operation and Maintenance Specialist license shall provide the
10 following:
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12 (a) Application for a Operation and Maintenance Specialist license shall be made on
13 forms provided by the local health officer. Application fees shall be paid at the time
14 of application.
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16 (b) The local health officer shall determine by written and/or oral examination the
17 applicant's knowledge of the operation and maintenance of on -site sewage systems. If
18 the applicant does not receive a passing mark of 70 percent, the applicant shall be
19 denied a license.
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21 (c) The Operation and Maintenance Specialist license shall expire one year from the date
22 of issuance. The Operation and Maintenance license is not transferable. The licensed
23 individual shall be on site during Operation and Maintenance inspections.
24 Application for renewal shall be made on forms provided by the local health officer.
25
26 (d The applicant must provide verifiable evidence of a minimum of two ,years
27 continuous experience in the OSS industry.
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29 (e) Before the issuance of a Operation and Maintenance Specialist's license, the applicant
30 shall file with the local health department a surety bond issued by a surety insurer in a
31 form acceptable to the local health officer running to Whatcom County. Said bond
32 shall be conditioned that the applicant will pay all amounts that may be adjudged
33 against applicant by reason of negligent or improper work or breach of contract on the
34 part of such Operation and Maintenance Specialist. The bond shall be conditioned
35 that the holder of the license shall exercise reasonable care and skill and comply with
36 these rules and regulations. The surety upon the bond shall not be liable in an
37 aggregate amount in excess of the amount named in the bond. The bond shall be kept
38 in effect during the period of time for which the license is issued. In the event the
39 bond is cancelled or and judgment 'shall impair the liability of the surat upon
40 the bond so furnished so that there shall not be in effect a bond undertaking in the full
41 amount of $2,000. the local health officer shall suspend the registration of such
42 Operation and Maintenance Specialist until the full bond liability unimpaired bX
43 unsatisfied judgment claims shall have been furnished. In lieu of the surety bond
44 required by this section, the applicant may file with the local health department a
45 deposit consisting of cash or other securi , acceptable to the local health officer. The
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local health officer may promulgate rules and regulations necessary for the proper
administration of the securitX
! One 1) Continuing Education Unit shall be required per year for license renewal.
The Operation and Maintenance Specialist shall provide proof to the local health
officer that a continuing education course was attended prior to renewal.
24.05.25 Waiver of State Regulations.
(1) For individual, site -by -site waiver requests, if concurrence is granted by the department,
the local health officer may grant a waiver from specific requirements in this chapter for
OSS under 3500 gallons per day only after the following procedure has been completed:
(a) The applicant submits a waiver application to the local health officer, including
justification describing how the requested waiver is consistent with purpose and
objectives to meet the public health intent of this chapter;
(b) If the local health officer determines that the waiver is consistent with the
standards in and the intent of this chapter.
(c) On a Quarterly basis, the local health officer will forward to the department any
approved or denied waivers for their records.
(2) The department may grant a waiver from specific requirements in this chapter for a LOSS
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.
(3) If an applicant. desires to modify and resubmit a.previously denied waiver request, the
process described above in subsection (1) for OSS under 3500 gallons per:day, or
subsection (2) above for a LOSS shall be followed again.
24.05.26 Enforcement.
(1) The local health officer:
(a) Shall enforce the rules of WCC 24.05; 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 local health officer, local
prosecutor's office, or office of the attorney general may initiate enforcement or
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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 WCC 24.05;
(c) Denial, suspension, modification, or revocation of permits, approvals, or
certification; and
(d) Civil action as per WCC 24.07 or criminal action.
(3) Orders authorized under this.section include the following:
(a) Orders requiring corrective measures necessary to effect compliance with WCC
24.05 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:
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(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
WCC 24.05;
(d) Specify any required corrective action, if applicable;
(e) Specify the effective date of the order and a period of 30 days for correction of the
violation;
(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 if
violations are not corrected within 90 days; and/or
(ii) Referral to the office of the county prosecutor or attorney general.
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(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 chapter 43.70 RCW and chapter 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 local health officer 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 WCC 24.05, 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, a person is defined to include:
(a) Applicant;
(b) Re- applicant;
(c) Permit holder; or
(d) Any individual associated with subsection 7 (a), (b) or (c) or this section
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.
(8) Should any person refuse to allow the local health officer to enter onto property for the
purpose of enforcing these rules and regulations, the local health officer may, with the
assistance of the prosecuting attorney, present an affidavit, naming the person so refusing,
the property involved and the reason entry is necessary, to the Whatcom County district
court, from which an authorizing warrant may issue.
(9) Any violation of WCC 24.05 or as amended is a misdemeanor as defined by RCW Title
9A.04.04A.
56
Pi
1 (10) The local health officer shall have the right of entry to inspect any sewage disposal
2 system.
3 24.05.27 Notice of decision -- Adjudicative Proceeding.
5 (1) Any decision or action of the local health officer, with respect to subdivison applications
6 or installation permits of an OSS may be appealed to the sewage control appeals board.
7 The sewage control appeals board may grant a variance where there may be practical
s difficulties or hardships under a strict interpretation of WCC 24.05. Variances may be
9 granted by the appeals board with respect to any standards in Sections 24.05.09, 24.05.10,
10 24.05.11, 24.05.12, 24.05.13, 24.05.17, 24.05.18, and 24.05.21 but not otherwise. In no
11 case shall a variance cause a violation of Section 24.05.01.
12
13 (2) The appealing party shall submit to the board of appeals and the local health officer a
14 written description of the decision, action or order to be appealed and the grounds for the
15 appeal; i.e., the reasons why the local health officer should have decided in favor of the
16 appealing party.
17
18 (3) Within 10 working days of receipt of the appeal request, the local health officer shall
19 mail to the members of the board of appeals, with a copy to the appealing party, a letter
20 stating the reasons for his action and enclosing all documents submitted in connection
21 with the issue.
22
23 (4) The appeals board shall conduct a public hearing on the appeal within 60 calendar days of
24 the receipt of the appeal request.
25
26 (5) The appeals board shall notify the appealing party and the local health officer of the time
27 and place for the public hearing and both shall attend and present any further information
28 or evidence.
29
30 (6) The secretary of the appeals board shall give due notice of place and time for hearing of
31 the appeal request to the applicant and adjacent property owners, either in person or. by
32 first -class mail, not less than seven calendar days and not more than.30 days prior to the
33 public hearing. Said notice shall state the name and address of the owner of the property,
34 the location of the property and a brief statement of the nature of the appeal. Said notice
35 shall be sent to the property owners, as appears from the authentic tax records of this
36 county of all property adjacent to or within 300 feet radius of the external boundaries of
37 the property for which the appeal is made, The number of feet occupied by all public
38 roads, streets, alleys and other public ways shall be excluded in;determining the 300 -foot
39 requirement. The appealing party shall furnish the appeals board a complete list
40 containing the names and last known addresses of the owners of property required to be
41 notified at the time the appeal is filed.
42
43 (7) The appeals board secretary shall provide for the public notice to be published at least
44 once in the official county newspaper, not more than 30 calendar days nor less than 10
45 working days before the hearing. The public notice shall state the place of hearing, the
46 location of the property, as well as a statement of the nature of the appeal. It shall contain
57
I a legal description of the property affected or the common or rural route address, or its
z location by distances from the nearest major street or road intersection so that the
3 property can be easily identified.
5 (8) The board may recess for a period of up to two weeks after the hearing for the purpose of
6 further study, or inspection of the site. At the hearing's conclusion or before recess, the
7 board shall orally notify all parties at the hearing of the time and date when the appeals
8 board shall announce its decision on the appeal. As soon as possible following the
9 decision, the secretary shall provide, and the chairperson shall sign, a written report of the
10 findings and decision. Copies of the written report shall be sent to the licensed designer,
11 the owner and the local health officer. The applicant's appeal request, and all documents
12 submitted shall be retained by the appeals board secretary. If the decision is to deny the
13 appeal, a statement shall•be included to the owner, suggesting that the owner consult•with
14 the owner's designer to determine whether a different type of design might be approved.
15
16 (9) The action of the appeals board shall be final and conclusive unless within 20 calendar
17 days from the date of the appeals board decision either party makes application to the
18 Whatcom County Superior Court for review of the appeals board decision.
19
20 (10) The county council shall appoint five persons to serve as the sewage control appeals
21 board. Three members will be chosen to represent the unincorporated areas, and two to
22 represent the incorporated areas. The term of office will be four years, and the
23 termination of office for each member shall be on consecutive years. Members can be
24 removed for cause by the county council. The board as a whole may hear appeals or may
25 divide its workload into a panel of three members. Appeals board secretarial services
26 shall be provided by the local health officer. Local health department staff members or
27 supervisors who have responsibility for issuance or denial of permits shall not serve as
28 secretary to the appeals board.
29
30 (11) The appeals board shall have authority to adopt its own rules and regulations governing
31 procedures of the appeals board, - subject to approval by the county council.
32
33 (12) The appeals board does not have the authority to grant waivers from WAC 246 =272 On-
34 Site Sewage Systems without concurrence from the Washington State Department of
35 Health as specified in WAC 246- 272 - 25001.
36
37 24.05.28 Severability.
38
39 (1) If any provision of this chapter or its application to any person or circumstances is held
40 invalid, the remainder of this chapter, or the application of the provision to other persons
41 or circumstances shall not be affected.
42
43 24.05.29 Fees.
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45 (1) Fees shall be set and renewed annually by the county council and posted in a fee
46 schedule.
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