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HomeMy WebLinkAboutord1995-059WtIA7f,OM �OUNTYCOUNCIL.ACENDA BILL. NO. 94 -581 B- CLEARANCIsS Initial 1)a(tc )atc IZcccivc-o in Council Office: Agcnda date Assi ncd lo: 'Milor: Bob K1oc ttl� p E U V E LL���.. - Nu 1'6 1994 WHATCOM COUNTY COUNCIL 11/22/94 Council �jwmion head: /10/95 PSSW Dept.11cad:Frank.lames IW14q . :10131/95 Council 11roSCCL1101 -: Randy Walls Purchasing /nudge[: Execulive: Shirley van 7a111cn SUI .i/EC7.- Proposed changes to WCC 24.05, Sewage Control RegulationS A7`1]ACHMEN'IS: Draft WCC 24.05, Summary Statement, WCC 24.05 Revised 3/13/90 SUMMARY S7 7 EMENT- AUuchcd I'leave contplele sections of box uv appropriate it explain the ilent below. Related Gnn11 conlracl e/: Should Clerk schedule a hearing? No YC?S Requested da1c: Amount budgoed for [his item projecl: $ Is it or will it be within budgel? YI:S NO Please explain below Ihub'ct line i[cm number (s): DAVID S. MC EACHRAN Prosecuting Attorney t^a +fit ►��� :�i< :�nr Whatcorn County Bellingham, Wash. ORIGINATORS RE=COMMENDED AC77ON. Adoption of Regulations COMMI7TEE ACTION TAKEN: COUNCIL AC`I70N 7AKEN: 1994-581= 11/22/94 • Council introduced. 11/28/95: Adopted 7 -0, Ord. #95 -059 12/6/94: Referred to Committee 12/13/94: Tabled 1/1O/95: Held in Committee 1/95: Received. Public Hearing to be scheduled 1_,14/95: Introduced Related File Nuntberv: Orelinance or Revohition Ntunber (this itent only): ^C.ord "C /"C/93 SPONSORED BY: Consent PROPOSED BY:Health INTRODUCTION DATE: 11/14/95 1 ORDINANCE NO. 95-o5 2 3 WHEREAS, The Washington State Board of Health has revised chapter 246 -272 4 WAC On -Site Sewage Systems. 5 WHEREAS, Whatcom County Code 24.05, Sewage Control Rules and Regulations 6 must be consistant with Washington State Regulations, 7 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that 8 "Exhibit A" Revisions of Whatcom County Code 24.05 WCC be reviewed and adopted by 9 the Whatcom County Council. 10 ADOPTED this 28_ day of Nnvcml�or , 1994. 11 12 ATTEST: 13 14 ±Dana rown- Davis, Council erk 15 APPROVED AS TO FORM WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Vol Jc71rri1X711 mhof, Council Ch iir (•Approved () Denied 16 17 Civil Deputy P s cutor Shirley Van ZanVen, Execu iv 18 Date: Page 1 Nter Willing, Chairperson Steve Jilk, Vice - Chairperson Eunice Cole Ernesto Diaz Larry Harris HEALTH DEPARTMENT ADVISORY BOARD P.O. Box 935 Bellingham, WA. 98227''} October 3, 1995 Shirley Van Zanten, County Executive Whatcom County Courthouse Bellingham, WA 98225 Dear Ms. Van Zanten: OC11 0 "19,95 ..fire „r t;l.) Wt Bill Palmer Barbara Revey Greg Stern, M.D. Catherine Stimpson The Health Department Advisory Board has reviewed the proposed On -Site Sewage Regulations, WCC 24.05. We recommend that you review them, and forward them to the Whatcom County Board of Health for approval. The discussion of the Health Department Advisory Board members contained several key points including: ► Highlighted items are from the "old" County Code and the rest of the document is the State WAC. ► Protection of Lake Whatcom is maintained. ► The State Department of Health granted a class B waiver for use of Whatcom County non - pressurized mound systems. ► All on -site systems for food service establishments will be inspected annually. All establishments which produce high strength waste water will require pretreatment to bring waste water strength to residential strength. The regulations allow for designation of "Areas of Special Concern" which are delineated by public process. These designations could include flood plains, well head protection areas, wetlands or shellfish beds. ► The Health Department shall develop operation and maintenance program for on -site system users by the year 2000. Enclosed are nine copies of the following documents: ► Chapter 24.05 WCC On -Site Sewage System Rules and Regulations ► A summary of the significant changes required by Washington State Regulations 246 -272; and the procedure used to generate the new WCC 24.05. ► Approval letter from Washington State providing a Class "B" Waiver for our Whatcom County Non - Pressurized Mounds. I hope our review of the On -Site Sewage Regulations has been helpful. Si ely, i� l2jlGG� - Will' ai rson im o ealth Department Advisory Board 1 Environmental Health 2 Chapter 24.05 WCC 3 On -Site Sewage Systems 4 Rules and Regulations of S the Whatcom County Health Department 6 Effective January 1, 1995 1 Environmental Health 2 Chapter 24.05 WCC 3 On -Site Sevrage Systems 4 Rules and Regulations of 5 the Whatcom County Health Department 6 Effective January 1, 1995 7 For more information or 8 additional copies of these regulations contact: 9 Whatcom County Health Department 10 Environmental Health Division 11 509 Girard Street P.O. Box 935 12 Bellingham WA 98225 13 (206) 676 -6724 1 Page Contents 2 Purpose and Administration 3 1 24.05.01 Purpose, Objectives, and Authority 4 1 24.05.02 Administration 5 1 24.05.03 Adoption by Reference 6 2 24.05.04 Definition 7 General Requirements 8 11 24.05.05 Applicability 9 12 24.05.06 Alternative Systems and Proprietary Devices 10 12 24.05.07 Experimental System 11 13 24.05.08 Connection to Public Sewer System 12 Specific Requirements 13 13 24.05.09 Permits for On -site Sewage Systems (OSS) Under 14 3,500 Gallons Per Day 15 18 24.05.10 Location 16 21 24.05.11 Soil and Site Evaluation 17 24 24.05.12 Design 18 31 24.05.13 Guidelines for Whatcom County Non - pressurized Mounds 19 33 24.05.14 Holding Tank Sewage Systems 20 34 24.05.15 Installation 11 35 24.05.16 Inspection �2 36 24.05.17 Operation and Maintenance 23 38 24.05.18 Repair of Failures 24 41 24.05.19 Expansions 25 41 24.05.20 Abandonment 26 41 24.05.21 Septage Management 27 42 24.05.22 Developments, Subdivisions, and Minimum Land Area 28 Requirements 29 46 24.05.23 Areas of Special Concern 30 47 24.05.24 Licensing 31 Enforcement 32 51 24.05.25 Waiver of State Regulations 33 52 24.05.26 Enforcement 34 54 24.05.27 Notice of Decision — Adjudicative Proceeding 35 56 24.05.28 Severability 36 Fees 37 56 24.05.29 Fees I Chapter 24.05 WCC 2 On -Site Sewage System Regulations 3 24.05.01 Purpose, Objectives, and Authority. 4 (1) The purpose of this chapter is to protect the public health by minimizing: 5 (a) The potential for public exposure to sewage from on -site sewage systems; 6 and 7 (b) Adverse effects to public health that discharges from on -site sewage 8 systems may have on ground and surface waters. 9 (2) This chapter regulates the location, design, installation, operation, maintenance, 10 and monitoring of on -site sewage systems to: 11 (a) Achieve long -term sewage treatment and effluent disposal; and 12 (b) Limit the discharge of contaminants to waters of the state. 13 (3) 14 IS 16 24.05.02 Administration. 17 (1) The local health officer shall administer this chapter under the authority and 18 requirements of chapters 70.05, 70.08, 70.46, and 43.70 RCW. Under chapter 19 70.05.060(7) RCW, fees may be charged for this administration. 20 21 22 23 24 25 26 1 1 24.05.04 Definitions. 2 "Additive" means a commercial product added to an on -site sewage system 3 intended to affect performance or aesthetics of an on -site sewage system. 4 "Alternative system" means an on -site sewage system other than a conventional S gravity system or conventional pressure distribution system. Properly operated 6 and maintained alternative systems provide equivalent or enhanced treatment 7 performance as compared to conventional gravity systems. 8 "Approved" means a written statement of acceptability, in terms of the 9 requirements in this chapter, issued by the local health officer or the department. 10 "Approved list" means "List of Approved Systems and Products ", developed 11 annually and maintained by the department, available upon request from the local 12 health officer and containing the following: 13 (a) List of proprietary devices approved by the department; 14 (b) List of specific systems meeting Treatment Standard 1 and Treatment 15 Standard 2; 16 (c) List of experimental systems approved by the department; 17 (d) List of septic tanks, pump chambers, and holding tanks approved by the 18 department. 19 "Area of Special Concern" means an area of definite boundaries delineated 20 through public process, where a local health officer, or the department in 21 consultation with the health officer, determines additional requirements for on -site 22 sewage systems may be necessary to reduce potential failures, or minimize 23 negative impact of on -site systems upon public health. 24 25 26 27 28 29 30 31 32 33 34 "Cesspool" means a pit receiving untreated sewage and allowing the liquid to seep into the surrounding soil or rock. "Conforming system" means any on -site sewage system, except an experimental system, meeting any of the following criteria: (a) Systems in full compliance with new construction requirements under this chapter; or (b) Systems approved, installed and operating in accordance with requirements of previous editions of this chapter; or 2 I (c) Systems or repairs permitted through departmental concurrence by the 2 waiver process which assure public health protection by higher treatment 3 performance or other methods. 4 "Conventional gravity system" means an .on -site sewage system consisting of a 5 septic tank and a subsurface soil absorption system with gravity distribution of the 6 effluent. 7 "Conventional pressure distribution system" means an on -site sewage system 8 consisting of a septic tank and a subsurface soil absorption system with pressure 9 distribution of the effluent. Design, operation and maintenance, and performance IO monitoring are described by "Guidelines for Pressure Distribution Systems" by the II Washington state department of health. _ 12 "Covenant" means a recorded agreement stating certain activities and /or practices 13 are required or prohibited. 14 "Cuts and /or banks" means any naturally occurring or artificially formed slope 15 greater than one hundred percent (forty -five degrees) and extending vertically at 16 least five feet from the toe of the slope to the top of the slope as follows: 17 "Designer" means a person who matches site and soil characteristics with 18 appropriate on -site sewage technology. 19 "Development" means the creation of a residence, structure, facility, subdivision, 20 planned unit development, site, area, or any activity resulting in the production of 21 sewage. 22 "Department" means the Washington state department of health. 23 "Disposal component" means a subsurface absorption system (SSAS) or other soil 24 absorption system receiving septic tank or other pretreatment device effluent and 25 transmitting it into original, undisturbed soil. 26 "Effluent" means liquid discharged from a septic tank or other on -site sewage 27 system component. 3 1 "Engineer" means a person who is licensed and in good standing under chapter 2 18.43 RCW. 3 "Expansion" means a change in a residence, facility, site, or use that: 4 (a) Causes an on -site sewage system to exceed its existing treatment or S disposal capability, for example, when a residence is increased from two to 6 three bedrooms or a change in use from an office to a restaurant; or 7 :: >xist:...:: >ar::: 8 (c) Reduces the treatment or disposal capability of the existing on -site sewage 9 system or the reserve area, for example, when a building is placed over a 10 reserve area. 11 "Experimental system" means any alternative system: 12 (a) Without design guidelines developed by the department; or 13 (b) A proprietary device or method which has not yet been evaluated and 14 approved by the department. 15 "Failure" means a condition of an on -site sewage system that threatens the public 16 health by inadequately treating sewage or by creating a potential for direct or 17 indirect contact between sewage and the public. Examples of failure include: 18 (a) Sewage on the surface of the ground; 19 (b) Sewage backing up into a structure caused by slow soil absorption of septic 20 tank effluent; 21 (c) Sewage leaking from a septic tank, pump chamber, holding tank, or 22 collection system; 23 (d) Cesspools or seepage pits where evidence of ground water or surface water 24 quality degradation exists; or 25 (e) Inadequately treated effluent contaminating ground water or surface water. 26 (f) Noncompliance with standards stipulated on the permit. 4 1 2 3 4 S 8j 7 8 9 10 11 12 13 14 15 16 "Ground water" means a subsurface water occupying the zone of saturated soil, 7 permanently, seasonally, or as the result of the tides_. Indications of ground water 18 may include: 19 (a) Water seeping into or standing in an open excavation from the soil 20 surrounding the excavation. 21 (b) Spots or blotches of different color or shades of color interspersed with a 22 dominant color in soil, commonly referred to as mottling. Mottling is a 23 historic indication for the presence of groundwater caused by intermittent 24 periods of saturation and drying, and may be indicative of poor aeration 25 and impeded drainage. Also see "Water table ". 26 "Holding tank sewage system" means an on -site sewage system which incorporates 27 a holding tank, the services of a sewage pumper /hauler, and the off -site treatment 28 and disposal for the sewage generated. 29 "Industrial wastewater" means the water or liquid carried waste from an industrial 30 process. These wastes may result from any process or activity of industry, 31 manufacture, trade or business, from the development of any natural resource, or 32 from animal operations such as feedlots, poultry houses, or dairies. The term 33 includes contaminated storm water and leachate from solid waste facilities. A 35 5 'a u >AIr1 16 "Ground water" means a subsurface water occupying the zone of saturated soil, 7 permanently, seasonally, or as the result of the tides_. Indications of ground water 18 may include: 19 (a) Water seeping into or standing in an open excavation from the soil 20 surrounding the excavation. 21 (b) Spots or blotches of different color or shades of color interspersed with a 22 dominant color in soil, commonly referred to as mottling. Mottling is a 23 historic indication for the presence of groundwater caused by intermittent 24 periods of saturation and drying, and may be indicative of poor aeration 25 and impeded drainage. Also see "Water table ". 26 "Holding tank sewage system" means an on -site sewage system which incorporates 27 a holding tank, the services of a sewage pumper /hauler, and the off -site treatment 28 and disposal for the sewage generated. 29 "Industrial wastewater" means the water or liquid carried waste from an industrial 30 process. These wastes may result from any process or activity of industry, 31 manufacture, trade or business, from the development of any natural resource, or 32 from animal operations such as feedlots, poultry houses, or dairies. The term 33 includes contaminated storm water and leachate from solid waste facilities. A 35 5 I "Installer" means a qualified person approved by a local health officer to install or 2 repair on -site sewage systems or components. 3 4 5 6 7 8 9 10 11 12 13 14 15 "Large On -site Sewage System (LOSS)" means any on -site sewage system with 16 design flows, at any common point, greater than 3,500 gallons per day. 17 18 19 20 "Local health offixer" means the health officer of Whatcom County, or a 21 representative authorized by and under the direct supervision of the local health 22 officer. 23 24 25 26 27 28 29 30 31 "May" means discretionary, permissive, or allowed. 32 33 34 35 36 37 38 T 1 In re,sd maa�nd a a sews MW ay:::sten �:::. :::::.; .. ................i:• }:•i:6viii: i }i:6i: :. '•ii:•iii }ii• "::::::{•:6' ii:6:•i:•i \: \i: ? ?L'{.: ii: ': }i:•i }} }v .:::.,v...... .... ..:............................ ;..;; ........ v }:�:'•I:•':; ••: n. w: �•: v: w: w:::: x: \v. �:::: m::::. �:: �.}..::: w:nw :•� : •{�• •.F ••••.•:: w:: +::: w::::: w::::: .}.:.•:!w:::::::::: x::: w:::::::: �::.+F.w::::::::.��. ........ n... n.. n... m.. v. n.. n ... .............................:. x...:........... 0.6: ism. x... xM1.. n.... z.. n....... v....... v:..................... n.. ............................... 3 4 S 6 "On -site sewage system (OSS)" means an integrated arrangement of components 7 for a residence, building, industrial establishment or other places not connected to 8 a public sewer system which: 9 (a) Convey, store, treat, and /or provide subsurface soil treatment and disposal 10 on the property where it originates, upon adjacent or nearby property; and 11 (b) Includes piping, treatment devices, other accessories; and soil underlying 12 the disposal component of the initial and reserve areas. 13 "Ordinary high -water mark" means the mark on lakes, streams, and tidal waters, 14 found by examining the beds and banks and ascertaining where-the presence and 15 action of waters are so common and usual, and so long continued in all ordinary 16 years, as to mark upon the soil a character distinct from that of the abutting 17 upland with respect to vegetation, as that condition exists on the effective date of 18 this chapter, or as it may naturally change thereafter. The following definitions 19 apply where the ordinary high water mark cannot be found: 20 (a) The ordinary high -water mark adjoining marine water is the elevation at 21 mean higher high tide; and 22 (b) The ordinary high -water mark adjoining freshwater is the line of mean high 23 water. 24 25 26 27 "Person" means any individual, corporation, company, association, society, firm, 28 partnership, joint stock company, or any governmental agency, or the authorized 29 agents of any such entities. 30 "Planned unit development" means a development characterized by a unified site 31 design, clustered residential units and /or commercial units, and areas of common 32 open space. 7 1 2 3 4 S "Pressure distribution" means a system of small diameter pipes equally 6 distributing effluent throughout a trench or bed, as described in the "Guidelines 7 for Pressure Distribution Systems" by the department. Also see "conventional 8 pressure distribution." 9 "Proprietary device or method" means a device or method classified as an 10 alternative system, or a component thereof, held under a patent, trademark or 11 copyright. 12 "Public sewer system" means a sewerage system: 13 (a) Owned or operated by a city, town, municipal corporation, county, or other 14 approved ownership consisting of a collection system and necessary trunks, 15 pumping facilities and a means of final treatment and disposal; and 16 (b) Approved by or under permit from the department of ecology, the 17 department of health and /or . a local health officer. 18 "Pumper" Means a person approved by the local health officer to remove and 19 transport wastewater or septage from on -site sewage systems. 20 21 22 23 24 25 26 27 "Repair" means restoration, by reconstruction or relocation, or replacement of a 28 failed on -site sewage system. 29 "Reserve-area" means an area of land approved for the installation of a 30 conforming system and dedicated for replacement of the OSS upon its failure. 31 "Residential sewage" means sewage having the constituency and strength typical of 32 wastewater from domestic households. 33 "Restrictive layer" means a stratum impeding the vertical movement of water, air, 34 and growth of plant roots, such as hardpan, claypan, fragipan, caliche, some 35 compacted soils, bedrock and unstructured clay soils. q 1 "Seepage pit" means an excavation more than three feet deep where the sidewall 2 of the excavation is designed to dispose of septic tank effluent. Seepage pits may 3 also be called "dry wells ". 4 " Septage" means the mixture of solid wastes, scum, sludge, and liquids pumped 5 from within septic tanks, pump chambers, holding tanks, and other OSS 6 components. 7 "Septic tank" means a watertight pretreatment receptacle receiving the discharge 8 of sewage from a building sewer or sewers, designed and constructed to permit 9 separation of settleable and floating solids from the liquid, detention and 10 anaerobic digestion of the organic matter, prior to discharge of the liquid. 11 "Sewage" means any urine, feces, and the water carrying human wastes, including 12 kitchen, bath, and laundry wastes from residences, buildings, industrial 13 establishments or other places. For the purposes of these regulations, "sewage" is 14 generally synonymous with domestic wastewater. Also see "residential sewage." 15 "Shall" means mandatory. 16 "Soil log" means a detailed description of soil characteristics providing information 17 on the soil's capacity to act as an acceptable treatment and disposal medium for 18 sewage. 19 "Soil type" means a numerical classification of fine earth particles and coarse 20 fragments as described in 24.05.11(2)(e) Table II page 22. 21 "Subdivision" means a division of land or creation of lots or parcels, described 22 under chapter 58.17 RCW, now or as hereafter amended, including both long and 23 short subdivisions, planned unit developments, and mobile home parks. 24 "SSAS" or "subsurface soil absorption system" means a system of trenches three 25 feet or less in width, or beds between three and ten feet in width, containing 26 distribution pipe within a layer of clean gravel designed and installed in original, 27 undisturbed soil for the purpose of receiving effluent and transmitting it into the 28 soil. 29 "Surface water" means any body of water, whether fresh or marine, flowing or 30 contained in natural or artificial unlined depressions for significant periods of the 31 year, including natural and artificial lakes, ponds, springs, rivers, streams, swamps, 32 marshes, and tidal waters. 33 "Table VIII Repair" means a repair or replacement of an existing on -site sewage 34 system which, because of site limitations, must utilize treatment standards shown 35 in Table VIII, page 39, in lieu of compliance with new construction requirements 36 for vertical separation and /or horizontal set back from surface waters or drinking 37 water wells or springs. Z 1 "Treatment standard 1" means a thirty -day average of less than 10 milligrams per 2 liter of biochemical oxygen demand (5 day BODA 10 milligrams per liter of total 3 suspended solids (TSS), and a thirty -day geometric mean of less than 200 fecal 4 coliform per 100 milliliters. 5 "Treatment standard 2" means a thirty -day average of less than 10 milligrams per 6 liter of biochemical oxygen demand (5 day BODA 10 milligrams per liter of total 7 suspended solids (TSS), and a thirty -day geometric mean of less than 800 fecal 8 coliform per 100 milliliters. 9 "Unit volume of sewage" means: 10 (a) A single family residence; 11 (b) A mobile home site in a mobile home park; or 12 (c) 450 gallons of sewage per day where the proposed development is not 13 single family residences or a mobile home park. 14 "Vertical separation" means the depth of unsaturated, original, undisturbed soil of 15 Soil Types 1B -5 between the bottom of a disposal component and the highest 16 seasonal water table, a restrictive layer, or Soil Type 1A, as illustrated below by 17 the profile drawing of a subsurface soil absorption system: _Ground surface N rtical separation - Orijzin titer table, Restrictive layer, or Soil 18 "Water table" means the upper surface of the ground water, whether permanent or 19 seasonal. Also see "ground water." 20 "Wave barrier" means a bulkhead of adequate height and construction protecting 21 the immediate area of on -site sewage system components from wave action. 22 '!'et season" means the peripd of year froth December i st to lst 10 1 24.05.05 Applicability. 2 (1) The local health officer and the department: 3 (a) Shall apply this chapter to OSS treating wastewater and disposing of 4 effluent from residential sewage sources; 5 (b) May apply this chapter to OSS for sources other than residential sewage, 6 excluding industrial wastewater, if pretreatment, siting, design, installation, 7 and operation and maintenance measures provide treatment and effluent 8 disposal equal to that required of residential sewage. 9 (2) Preliminary plats specifying general methods of sewage treatment, disposal, system 10 designs and locations approved prior to the effective date of these regulations 11 shall be acted upon in accordance with regulations in force at the time of 12 preliminary plat approval for a maximum period of five years from the date of 13 approval or for an additional year beyond the effective date of these regulations, 14 whichever assures the most lenient expiration date. 15 (3) A valid sewage system design approval, or installation permit issued prior to the 16 effective date of these regulations: 17 (a) Shall be acted upon in accordance with regulations in force at the time of ?8 issuance; 19 (b) Shall have a maximum validity period of five years from the date of 20 issuance or remain valid for an additional year beyond the effective date of 21 these regulations, whichever assures the most lenient expiration date; and 22 (c) May be modified to include additional requirements if the local health 23 officer determines that a serious threat to public health exists. 24 (4) The Washington state department of ecology has authority and approval over: 25 (a) Domestic or industrial wastewater under chapter 173 -240 WAC; and 26 (b) Sewage systems using mechanical treatment, or lagoons, with ultimate 27 design flows above 3,500 gallons per day. 28 (5) The Washington state department of health has authority and approval over: 29 (a) Systems with design flows through any common point between 3,500 to 30 14,500 gallons per day; and 11 I (b) Any Large On -site Sewage System "LOSS" for which jurisdiction has been 2 transferred to the department of health under conditions of memorandum 3 of agreement with the department of ecology. 4 (6) The local health officer has authority and approval over; S (a) Systems with design flows through any common point up to 3,500 gallons 6 per day; 7 (b) Any Large On -site Sewage System "LOSS" for which jurisdiction has been 8 transferred to a local health jurisdiction from the department by contract. 9 (7) Where this chapter conflicts with chapters 90.48 RCW, Water Pollution Control, 10 the requirements under those statutes apply. 11 24.05.06 Alternative Systems and Proprietary Devices. 12 (1) The local health officer or department shall only permit installation of alternative 13 systems for which there are alternative system guidelines, or a proprietary device 14 if it appears on the list of approved systems or devices maintained by the 15 department and available upon request from the local health officer. 16 (2) The local health officer: 17 (a) May require performance monitoring or sampling of any alternative system. 18 (b) May charge fees to cover the costs for monitoring system performance. 19 (c) Shall submit copies of evaluation reports to the department when 20 alternative system performance is evaluated. 21 (d) Shall notify the department of alternative system approvals and failures. 22 24.05.07 Experimental Systems. 23 (1) The local health officer: 24 (a) May permit a limited number of specific experimental systems if: 25 (i) The specific system is included on the department's approved list of 26 experimental systems, available upon request from the local health 27 officer; 28 (ii) The site will accommodate the installation of a conforming system 29 in the event of failure of the experimental system; 12 1 (iii) Local agreements to provide for monitoring, sampling, testing, 2 reporting, maintenance, repairs, and the replacement of the system 3 in accordance with the protocol approved by the department under 4 subsection (1) of this section are completed and signed. S (b) May charge fees to cover the cost of evaluating or monitoring the 6 experimental system. 7 (2) A person desiring to install an experimental system shall: 8 (a) Obtain a permit from the local health officer; 9 (b) Submit a written promise to the health officer agreeing to abandon the 10 experimental system and install a conforming system if: 11 (i) The system fails; 12 (ii) The performance of the experimental system is unsatisfactory; or 13 (iii) The applicant fails to adequately monitor the experimental system 14 and submit records as required in the departments approval or the 15 local health officer's permit; 16 (iv) The system components do not function as indicated by submitted 17 documents; 18 (v) Performance does not meet the anticipated objectives of the 19 experiment; or 20 (vi) The state experimental system permit is not renewed annually. 21 (c) Provide financial guarantees, acceptable to the health officer, and a copy of 22 the recorded covenant required under (b) of this subsection to the local 23 health officer; and 24 (d) Obtain through the local health officer an annually renewable state 25 experimental system permit. 26 24.05.08 Connection to Public Sewer System. 27 (1) When adequate public sewer services are available within two hundred feet of the 28 residence or facility, the local health officer, upon the failure of an existing on -site 29 sewage system shall require hook -up to the public sewer system. The distance 30 shall be measured along the usual or most feasible route of access. 13 1 (2) The owner of a residence or other facility served by a Table VIII repair as 2 defined in WCC 24.05.04 page 9 of this chapter shall abandon the OSS according 3 to the requirements specified in WCC 24.05.20, and connect the residence or 4 other facility to a public sewer system when: 5 (a) Connection is deemed necessary to protect public health by the local 6 health officer; 7 (b) An adequate public sewer becomes available within two hundred feet of 8 the residence or other facility as measured along the usual or most 9 economically feasible route of access; and 10 (c) The sewer utility allows the sewer connection. 11 24.05.09 Permits For OSS Under 3500 Gallons per Day. 12 (1) Prior to beginning the construction process, a designer proposing the installation, 13 repair, modification, connection to, or expansion of an OSS, shall develop and 14 submit the following to the local health officer and obtain approval: 15 (a) General information including: 76 (i) Name and address of the property owner and the applicant at the -17 head of each page of submission; 18 (ii) Parcel number and address, if available, of the site; 19 (iii) Source of drinking water supply; 20 (iv) Identification if the property is within the boundaries of a 21 recognized sewer utility; 22 (v) Size of the parcel; 23 (vi) Type of permit for which application is being made, for example, 24 new installation, repair, expansion, alteration, or operational; 25 (vii) Source of sewage, for example, residential, restaurant, or other type 26 of business; 27 (viii) Location of utilities; 28 (ix) Name of the designer; '9 (x) Date of application; and 30 (xi) Signature of applicant. 14 1 (b) The soil and site evaluation as specified under WCC 24.05.11 page 21. 2 (c) A complete, detailed, and dimensional site plan including: 3 (i) Designated areas for the proposed initial system and the reserve 4 area; 5 (ii) The location of all soil logs and other soil tests for the OSS; 6 (iii) General topography and /or slope of the site; 7 (iv) Site drainage characteristics; 8 (v) The location of existing and proposed encumbrances affecting 9 system placement, including legal access documents if any 10 component of the OSS is not on the lot where the sewage is 11 generated; and 12 (vi) An arrow indicating north. 13 (d) A detailed system design meeting the requirements under WCC 24.05.12 14 page 24 including: i (i) A dimensional drawing showing the location of components of the _6 proposed OSS, and the system designed for the reserve area if 17 reserve site characteristics differ significantly from the initial area; 18 (ii) Vertical cross - section drawings showing: 19 (A) The depth of the disposal component, the vertical separation, 20 and depth of soil cover; and 21 (B) Other OSS components constructed at the site. 22 (iii) Calculations and assumptions supporting the proposed design, 23 including: 24 (A) Soil type; 25 (B) Hydraulic loading rate in the disposal component; and 26 (C) System's maximum daily flow capacity. (e) Such additional information as deemed necessary by the local health -18 officer. 15 1 (2) The local health officer shall: 2 (a) Issue a permit when the information submitted under subsection (1) of this 3 section meets the requirements contained in this chapter; 4 (b) Identify the permit as a new installation, repair, expansion, modification, or 5 operational permit; 6 (c) Include a reminder on the permit application of the applicant's right of 7 appeal; and 8 (d) State the period of validity and the date and conditions of renewal when 9 requiring operational permits to be obtained and retained; 10 (4) The local health officer may revoke or deny a permit for due cause. Examples 11 include, but are not limited to: 12 (a) Development or continued use of an OSS that threatens the public health; 13 (b) Misrepresentation or concealment of material fact in information submitted 14 to the local health officer; or 15 (c) Failure to meet conditions of the permit or the regulations. 16 (5) Before the local health officer issues a permit for the installation of an OSS to 17 serve more than one u?rg the applicant shall show: 18 (a) An approved public entity owning or managing the OSS in perpetuity; or 19 (b) An arrangement with a management entity acceptable to the local health 20 officer, recorded in covenant, lasting until the on -site system is no longer 21 needed, and containing, but not limited to: 22 (i) A legal easement allowing access for construction, operation and 23 maintenance, and repair of the OSS; and 24 (ii) Identification of an adequate financing mechanism to assure the 25 funding of operation, maintenance, and repair of the OSS. 26 (6) The local health officer shall not delegate the authority to issue permits. 27 (7) The local health officer may stipulate additional requirements for a particular 28 permit if necessary for public health protection. 16 10 11 12 13 14 15 17 1 24.05.10 Location. 2 (1) Persons shall design and install OSS to meet the minimum horizontal separations 3 shown in Table I, Minimum Horizontal Separations: 4 TABLE I S Minimum Horizontal Separations i 10 12 13 15 16 17 18 19 22 23 24 25 26 27 28 29 30 31 32 34 36 37 38 39 40 :. .. :.... ;:::.:....... :. ::. From seer . :.:..::;::: ..........:;:.;.. ...:...:...... .: ;.. :. and;nco- ::..........:::;. .::::.::: :.. ;.. Y;ro@ odge of ooa perforated dikittib ;: „ eomponent ana recetv� ma :.:..: . lroc ... Itemr: Non - public well or suction line 100 ft. 50 ft. 50 ft. Public drinking water well 100 ft. 100 ft. 100 ft. Public drinking water cpting,3 200 ft. 200 ft. 100 ft. Spring or surface water used as drinking water coum7-3 100 ft. 50 ft. 50 ft. Pressurized water supply line4 10 ft.5 10 ft. 10 ft. Properly decommissioned weII6 10 ft. N/A N/A &.fare .oat.3 Marine water 100 ft. 50 ft. 10 ft. Fresh water 100 ft.11 50 ft. 10 ft. Building foundation 10 ft. 7 5 ft. 7 2 ft. Property or easement line 7,10 5 ft. 5 ft. N/A Interceptor / curtain drains/ ditches drainage ts,10 30 ft.9 5 ft. N/A Dp-�nA10 10 ft.9 N/A N/A Dawn- gradient cuts or banks with at least 5 ft. of original, undisturbed sod above a restrictive layer due to a structural or textural ��10 25 ft. N/A N/A Down - gradient cuts or banks with less than 5 ft. of original, undisturbed, soil above a restrictive layer due to a structural Of textural change 50 ft. N/A N/A 1 '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. :, 17 :......:...: ......::.::.:.:;::.:.....:.:.1* ..* ::" �:.... ..................... . "'b.' ................... :.::.. > f t'€ t aft# iit i F f twit; '. ` ". "` ":. ............ s s fu et 18 (2) Where any condition indicates a greater potential for contamination or pollution, 19 the local health officer or the department may increase the minimum horizontal 20 separations. Examples of such conditions include excessively permeable soils, 21 unconfined aquifers, shallow or saturated soils, dug wells, and improperly 22 abandoned wells. 23 (3) The horizontal separation between an OSS disposal component and an individual 24 water well, spring, or surface water can be reduced to a minimum of 75 feet, by S the local health officer, and be described as a "conforming" system upon signed 26 approval by the health officer if the applicant demonstrates: 27 (a) Adequate protective site specific conditions, such as physical settings with 28 low hydro - geologic susceptibility from contaminant infiltration. Examples 29 of such conditions include evidence of confining layers and or aquatards 30 separating potable water from the OSS treatment zone, excessive depth to 31 groundwater, down - gradient contaminant source, or outside the zone of 32 influence; or 33 (b) Design and proper operation of an OSS system assuring enhanced 34 treatment performance beyond that accomplished by meeting the vertical 35 separation and effluent distribution requirements described in WCC 36 24.05.12(2)(f) Table IV page 26; or 37 (c) Evidence of protective conditions involving both 3(a) and (b) of this 38 section; and 39 > "::• `.; 2::::::::::::.._... .:::::;::::;:5:: :::;..•:::;: ?:; ::::: i<:: i::::::': i`;:: i:: i:::...:...>'::.::....» ..:...:.:::::`::%.::'`::::":>.": i:::: i:: i:: i:: i::::::::: i:..:.:::::::;. :;::;y :; ::. ::::;:i'F:;:;.:::;: 40 :: »: >:3'l >vIl: €: : > :W. > € €1. »:5.> :::n±1�umuu::.. tali < r °f r,. ><: ns 41 l 19 1 (4) Persons shall design and /or install disposal components only where: 2 (a) The slope is less than forty-five percent (twenty -four degrees); 3 (b) The area is not subject to: 4 (i) Encroachment by buildings or construction such as placement of 5 swimming pools, power poles and underground utilities; 6 (ii) Cover by impervious material; 7 (iii) Vehicular traffic; or 8 (iv) Other activities adversely affecting the soil or the performance of 9 the OSS. 10 (c) Sufficient reserve area for replacement exists to treat and dispose of 100% 11 of the design flow; 12 (d) The land is stable; and 13 (e) Surface drainage is directed away from the site. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 (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 between the disposal component and the ordinary high water mark required by WCC 24.05.10 Table I page 18, provided that: (a) The system meets all requirements of WCC 24.05.12 page 24; (b) The system complies with all other requirements of WCC 24.05.10 page 18 and WCC 24.05.18 page 41; (c) Horizontal separation between the disposal component and the ordinary high water mark is 50 feet or greater; and 20 1 (d) Vertical separation is 3 feet or greater with a conventional gravity 2 drainfield, or 2 feet or greater with a conventional pressure distribution 3 drainfield. 4 24.05.11 Soil and Site Evaluation. 5 (1) The local health officer or department shall permit only engineers, qualified 6 designers and soil scientists to perform soil and site evaluations. 7 (2) The person evaluating the soil and site shall: 8 (a) Record: 9 (i) A sufficient number of soil logs to evaluate conditions within: 10 (A) The initial disposal component; and 11 (B) The reserve area. 12 (ii) The ground water conditions, the date of the observation, and the 13 probable maximum height; 4 (iii) The topography of the site; 15 (iv) The drainage characteristics of the site; 16 (v) The existence of structurally deficient soils subject to major wind or 17 water erosion events such as slide zones and dunes; 18 (vi) The existence of designated flood plains; and 19 (vii) The location of existing encumbrances affecting system placement, 20 such as: 21 (A) Wells and suction lines; 22 (B) Water sources and supply lines; 23 (C) Surface water; 24 (D) Abandoned wells; 25 (E) Outcrops of bedrock and restrictive layers; 26 (F) Buildings; 27 (G) Property lines and lines of easement; 28 (H) Interceptors such as footing drains, curtain drains and 29 drainage ditches; 30 (I) Cuts, banks, and fills; 1 (J) Driveways and parking areas; 32 (K) Existing OSS; and 33 (L) . Underground utilities. 21 1 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 Wt 20 21 22 23 24 25 26 27 _Q (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 II Soil Textural CkziTwaiion 1A 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. 1 Very Gravelly = >35% and <60010 gravel and coarse fragments, by volume. 2 Extremely Gravelly = >60010 gravel and coarse fragments, by volume. (3) The owner of the property or his agent shall: (a) Prepare the soil log excavation to: 22 1 (i) Allow examination of the soil profile in its original position by: 2 (A) Excavating pits of sufficient dimensions to enable observation 3 of soil characteristics by visual and tactile means to a depth 4 three feet deeper than the anticipated bottom of the disposal S component; or 6 (B) Stopping at a shallower depth if a water table or restrictive 7 layer is encountered; and 8 (ii) Allow determination of the soil's texture, structure, color, bulk 9 density or compaction, water absorption capabilities or permeability, 10 and elevation of the highest seasonal water table; and 11 (b) Assume responsibility for constructing and maintaining the soil log 12 excavation in a manner to reduce potential for physical injury by: 13 14 15 16 17 18 19 20 21 22 23 24 25 (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 (Requirements (i), and (ii) of this section are illustrated below); (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: (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; 23 I (b) May require water table measurements to be recorded during " 2 jW if insufficient information is available .to determine the highest 3 seasonal water table; 4 (c) May require any other soil and site information affecting location, design, 5 or installation; and 6 (d) May reduce the required number of soil logs for OSS serving a single 7 family residence if adequate soils information has previously been 8 developed. 9 24.05.12 Design. 14 (a) All the sewage from the building served is directed to the OSS; 15 (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 .7 OSS is located; 18 19 (c) The OSS is designed to treat and dispose of the following flows: 20 (i) For single family residences, 120 gallons per bedroom per day, with 21 a minimum of 240 gallons per day, unless technical justification is 22 provided to support calculations using a lower design flow; 23 (ii) For other facilities, the design flows noted in 'Design Manual: On- 24 site Wastewater Treatment and Disposal Systems ", United States 25 Environmental Protection Agency, EPA - 625/1 -80 -012, October, 1980 26 (available upon written request to the department). If the type of 27 facility is not listed in the EPA design manual, design flows from 28 one of the following documents are used: 29 (A) "Design Standards for Large On -site Sewage Systems," 1993, 30 Washington state department of health (available upon 31 request to the department); or 32 (B) "Criteria for Sewage Works Design ", revised October 1985, Washington state department of ecology (available upon S4 written request to the department of ecology). 24 1 L 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 L9 30 (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: TABLE III Required Minimum Liquid Volumes q Septic Tanks (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) (vi) Are designed with protection against floatation and ground water intrusion in high ground water areas; (e) Pump chambers: (i) Are included on the approved list available upon request from the local health officer; 25 1 3 4 5 6 7 8 9 10 11 72 13 FEN 16 17 18 19 20 21 22 24 (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; (f) Methods for effluent distribution shall correlate to Soil Types lA through Soil Type as described by TABLE IV of this section: TABLE IV Methods Of Effluent Distribution For Soil Types And Depths :. Vertl ital Se aration ... :.: P.::..:.:..:. : :.:.:::: ::: > :::::::::::.::::::::: ::::.: So< > >> < 1 foot > 1 foot to > 2 feet to > 3 feet .... < 2 feet < 3 feet lA Not Pressure Pressure Pressure allowed Distribution Distribution Distribution (see note)' A2 (see note)' (see note)' 2A Not Pressure Pressure Pressure allowed Distribution Distribution Distribution (see note)' A2 Not Pressure Pressure Gravity allowed Distribution Distribution Distribution (see note)' 2 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 intermittent sand filter. (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 lA 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; 26 1 (iii) Annual precipitation in the region is less than 25 inches per year as 2 described by "Washington Climate" published jointly by the 3 Cooperative Extension Service, College of Agriculture, and 4 Washington State University (available for inspection at Washington 5 state libraries); 6 (iv) The system is located outside all areas of special concern ; 7 (v) The system is located outside the 12 county Puget Sound Water 8 Quality Authority region; and 9 (vi) The geologic conditions beneath the disposal component must 10 satisfy the minimum unsaturated depth requirements to groundwater 11 identified by interpreting a readable, representative well log. The 12 method for determination is described by "Design Guideline for 13 Conventional Gravity Systems In Soil Type 1X, (Available upon 14 written request to the department). 15 (i) Individual SSAS laterals greater than one hundred feet in length are to use 16 pressure distribution; 17 (j) OSS having daily design flows between 1000 and 3,500 gallons of sewage 18 per day: 19 (i) Are located only in Soil Types 1 - 5; 20 (ii) Are located on slopes of less than thirty percent, or 17 degrees; and 21 (iii) Have pressure distribution; 22 (k) Conventional gravity systems and conventional pressure distribution system 2.3 have: 24 (i) The calculation of absorption area based upon the design flows in 25 subsection (2)(c) page 22 of this section and loading rates equal to 26 or less than those in Table V page 28, Maximum Hydraulic Loading 27 Rate for Residential Sewage, and applied only to the bottom of the 28 trench of the excavation. 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 TABLE V Ma&nwn Hydraulic Loading Rate For Residential Sewage- IA IVery gravelly' coarse sands or coarser, extremely gravelly' soils. Varies according to system selected to meet Treatment Standard 2 1B Very gravelly medium sands, very gravelly fine Varies according to sands, very gravelly very fine sands, soil type of the non- very gravelly loamy sands. gravel portion 4 2A Coarse sands (includes the ASTM C -33 sand). 1.2 2B Medium sands. 1.0 3 Fine sands, loamy coarse sands, loamy medium 0.8 sands. 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. 1 Compacted soils, cemented soils, and /or poor soil structure may require a reduction of the loading rate or make the soil unsuitable for conventional OSS systems. 2 Very Gravelly = >35% and <60010 gravel and coarse fragments, by volume. 3 Extremely Gravelly = >60010 gravel and coarse fragments, by volume. 4 The maximum loading rate listed for the soil described as the non - gravel portion is to be used for calculating the absorption surface area required. The value is to be determined from this table. 19 (ii) The bottom of a.SSAS shall not be deeper than three feet below the 20 finished grade, except under special conditions approved by the local 21 health officer. The depth of such system shall not exceed ten feet 22 from the finished grade. 23 (iii) The sidewall below the invert of the distribution pipe is located in 24 original, undisturbed soil; 25 (iv) `ve inches of 3/4" - 2 1/2" washed, clean gravel, covered with a 16 layer of geotextile; and 2 3 4 S 6 7 8 9 10 (v) A cover of between twelve and twenty -four inches of Mom mineral soil containing no greater than 10% organic content over the gravel to preclude accumulation of water over the drainfield. (vii) The local health officer may require installation of observation ports in each individual lateral or bed which extend from the bottom of the gravel to the finished grade for monitoring OSS performance. 11 (1) For other features, conventional gravity systems shall conform with the 12 "Design Manual: On -site Wastewater Treatment and Disposal Systems," 13 United States Environmental Protection Agency, EPA-625/1-80-012, 14 October, 1980 (available upon written request to the department) except 15 where modified by, or in conflict with this section. `6 (3) When proposing the use of OSS for non - residential sewage, the designer shall 17 provide to the local health officer: 18 (a) Information to show the sewage is not industrial wastewater; 19 (b) Information to establish the sewage's strength and identify chemicals found 20 in the sewage that are not found in residential sewage; and 21 (c) A design providing treatment equal to that required of residential sewage. 22 (4) The local health officer: 23 (a) Shall approve only OSS designs meeting the requirements of this chapter; 24 (b) Shall only permit the use of septic tanks, pump chambers, and holding 25 tanks on the approved list under subsection (5)(d) of this section; 26 (c) Shall not approve designs for: 27 (i) Cesspools; 28 (ii) Seepage pits; or 29 1 (d) May approve a design for the reserve area different than the design 2 approved for the initial OSS, if both designs meet the requirements of this 3 chapter for new construction. 4 (5) The department shall: 5 (a) Develop and maintain design and construction standards for septic tanks, 6 pump chambers, and holding tanks. 7 (b) Review septic tanks, pump chambers, and holding tanks, approving those 8 satisfying the design and construction standards developed by the 9 department. 10 (c) Require an annual report from the manufacturers or distributors of all 11 products on the approved list under subsection (5)(d) of this section which 12 assures that the product still meets the standards defined in this section, 13 before relisting the product. 14 (d) Maintain a list of approved septic tanks, pump chambers, holding tanks 15 that meet design and construction standards1~::t 17 (e) Make periodic checks of products approved under this subsection. '18 (6) 19 20 21 22 23 24 25 26 27 28 29 kA Persons desiring to manufacture or distribute septic tanks, pump chambers, holding tanks for use in an OSS shall: (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; (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. 30 1 3 4 5 6 7 8 9 10 TABLE VII Lake Whatcom. Watershed Requirements 7A= DbUmc from Ike OrWnal, undisturbed permeable coil depth Depth to Seasmal Water Table vertical Separationl Appsoved fill material allowed Waterfront 0 - 100 ft No OSS allowed No OSS allowed No OSS allowed No Oss 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 11 1 12 13 14 15 <7 18 19 20 21 22 23 24 25 26 27 24.05.13 Guidelines for Whatcom County Non - pressurized Mounds 28 29 9 31 32 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 `1 -12 23 24 25 26 27 28 29 30 31 32 33 32 2 3 4 I 7 8 9 10 11 12 13 14 15 .5 �7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 24.05.14 Holding Tank Sewage Systems. 33 (1) Persons shall not install or use holding tank sewage systems for residential 34 development or expansion of residences, whether seasonal or year- round, except 35 as set forth under subsection (2) of this section. 33 1 (2) The local health officer may approve installation of holding tank sewage systems 2 only: 3 (a) For permanent uses limited to controlled, part-time, commercial usage 4 situations, such as, recreational vehicle parks and trailer dump stations. 5 (b) For interim uses limited to handling of emergency situations. 6 (c) For repairs as permitted under WCC 24.05.17(1)(c)(i) page 38. 7 (3) A person proposing to use a holding tank sewage system shall: 8 (a) Follow established design criteria established by the department; 9 (b) Submit a management program to the local health officer assuring ongoing 10 operation and maintenance before the local health officer issues the 11 installation permit; and 18 (2) The local health officer 20 21 22 (b) The OSS is either located on the same lot as the residence or situated on 23 adjoining property controlled by the owner and legally listed as an 24 encumbrance; and 25 26 27 8 r:; al m:: >sh 11 :: :.:::::::::::::::::::::..:...:: ::::::::::.:....... ...............:.::.:.:::.:.... ...............:..: : :.........:: : ::.: : ::s:::::::::: 34 2 (5) The installer described by either (1) or (2) of this section shall: 3 (a) Follow the approved design; 4 (b) Have the approved design in possession during installation; S (c) Only install septic tanks, pump chambers, and holding tanks approved by 6 the department; 7 (d) Be on the site at all times during the excavation and construction of the 8 OSS; 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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; 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. (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 35 1 2 3 4 S 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2 33 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. 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; 36 I (e) Operate and maintain alternative systems as directed by the local health 2 officer; and 3 (f) Direct drains, such as footing or roof drains away from the area where the 4 OSS is located. S (2) The local health officer shall: 6 (a) Provide operation and maintenance information to the OSS owner upon 7 approval of any installation, repair, or alteration of an OSS; and 8 (b) Develop and implement plans to: 9 (i) Monitor all OSS performance within areas of special concern; 10 (ii) Initiate periodic monitoring of each OSS no later than January 1, 11 2000, to assure that each OSS owner properly maintains and 12 operates the OSS in accordance with this section and in accordance 13 with other applicable operation and maintenance requirements. 14 (iii) Disseminate relevant operation and maintenance information to 15 OSS owners through effective means routinely and upon request; 5 and 17 (iv)- Assist in distributing educational materials to OSS owners. 18 (3) Persons shall not: 19 (a) Use or introduce strong bases, acids or chlorinated organic solvents into an 20 OSS for the purpose of system cleaning. 21 (b) Use a sewage system additive unless it is specifically approved by the 22 department; or 23 (c) Use an OSS to dispose of waste components atypical of residential 24 wastewater. 25 (4) The local health officer shall require annual inspections of OSS serving food 26 service establishments and may require pumping as needed. 27 (5) The local health officer may require the owner of the OSS to: 28 (a) Use one or more of the following management methods or another method ?9 consistent with the following management methods for proper operation 10 and maintenance: 31 (i) Obtain and comply with the conditions of a renewable or 37 1 operational permit; 2 (ii) Employ a public entity eligible under Washington state statutes to, 3 directly or indirectly, manage-the OSS; or 4 (iii) Employ a private management entity, guaranteed by an public entity S eligible under Washington state statutes or sufficient financial 6 resources, to manage the OSS; 7 (b) Evaluate any effects the OSS may have on ground water or surface water; 8 and /or 9 (c) Dedicate easements for inspections, maintenance, and potential future 10 expansion of the OSS. 11 (6) Persons may obtain a handbook with material outlining management methods to 12 achieve proper operation, maintenance, and monitoring of OSS from the 13 department one year after the effective date of this chapter. 14 24.05.18 Repair of Failures. 15 (1) When an OSS failure occurs, the OSS owner shall: 16 (a) Repair or replace the OSS with a permitted conforming system or a 17 permitted Table VIII repair either on the: 18 (i) Property served; or 19 (ii) Nearby or adjacent property if easements are obtained; or 20 (b) Connect the residence or facility to a: 21 (i) Publicly owned LOSS; or IN 1 (ii) Obtain a National Pollution Discharge Elimination System or state 2 discharge permit from the Washington state department of ecology 3 issued to a public entity or jointly to a public entity and the system 4 owner only when the local health officer determines: 5 (A) An OSS is not feasible; and 6 (B) The only realistic method of final disposal of treated effluent 7 is discharge to the surface of the land or into surface water; 8 or 9 (iii) Abandon the property. 10 (2) Prior to replacing or repairing the effluent disposal component, the OSS owner 11 shall develop and submit information required under WCC 24.05.09(1) page 14. 12 (3) The local health officer shall permit a Table VIII repair only when: 13 (a) Installation of a conforming system is not possible; and 74 (b) Connection to either an approved LOSS or a public sewer is not feasible. 15 (4) The person responsible for the design shall locate and design repairs to: 16 (a) Meet the requirements of Table VIII if the effluent treatment and disposal 17 component to be repaired or replaced is closer to any surface water, well, 18 or spring that is not used as a public water source as prescribed by the 19 minimum separation required in Table 1 of WCC 24.05.10(1) page 18; 20 TABLE VIII 21 Requirements for Repair or Replacement of Disposal Components 22 Not Meeting Vertical and Horizontal Separations 12 23 24 25 26 27 ...... ............................... ..................................................... ............................... ..... ............................... . ..: Separation �n ;Fee ....... ,.: .. yerfica ..:.. .. . Se araho>i an; feet.....<:< < 25 25 - 50 > 50 - < 100 <1 Treatment Treatment Treatment Standard 1 Standard 1 Standard 24 1 -2 Treatment Treatment Pressure Standard 1 Standard 24 Distribution >2 Treatment Pressure Pressure Standard 24 Distribution Distribution 39 I 1 Tire treatment standards refer to effluent quality before discharge to unsaturated, subsurface soil 2 2 Tire local health officer may permit ASTM G33 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. 4 3 ne horizontal separation indicated is the distance between the disposal component and the surface water, well, or spring. 5 If the disposal component is up- gradient of a surface water, well, or spring to be used as a potable water source, the next 6 higher standard level of treatment shall apply unless treatment standard 1 is already being met. 7 4 Mound systems are not allowed to meet treatment standard 2. 8 (b) Protect drinking water sources; 9 (c) Prevent the direct discharge of sewage to ground water, surface water, or 10 upon the surface of the ground; 11 (d) Meet the horizontal separations under WCC 24.05.10(1) page 18 to public 12 drinking water sources; 13 (e) Meet other requirements of this chapter to the maximum extent permitted 14 by the site; 15 (f) Maximize the: 16 (i) Vertical separation; 17 (ii) Distance from a well, spring, or suction line; and 18 (iii) Distance to surface water; 19 (5) The local health officer shall identify Table VIII repair permits for the purpose of 20 tracking future performance. 21 (6) An OSS owner receiving a Table VIII repair permit from the local health officer 22 shall: 23 (a) Immediately report any failure to the local health officer; 24 (b) Monitor the performance of the OSS according to the "Interim Guidelines 25 for the Application of Treatment Standards 1 & 2, using Alternative'-On- 26 site Sewage Treatment /Disposal Systems" amended August 4,1992, 27 (available upon written request to the department of health) and report the 28 results to the local health officer at a minimum frequency of: 29 (i) Quarterly when Treatment Standard 1 is required; and 30 (ii) Annually when Treatment Standard 2 is required; (c) Comply with all local and state requirements stipulated on the permit. 40 1 24.05.19 Expansions. 2 (1) The local health officer shall require an on -site sewage system and a reserve area 3 in full compliance with the new system construction standards specified in this 4 chapter for an expansion of a residence or other facility. 5 6 7 24.05.20 Abandonment. 8 (1) Persons permanently removing a septic tank, seepage pit, cesspool, or other 9 sewage container from service shall: 10 (a) Have the septage removed by an approved pumper; 11 (b) Remove or destroy the lid; and 12 (c) Fill the void with soil. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Vj 24.05.21 Septage Management. (1) An individual shall be approved by the local health officer as a before removine senta�e from an OSS. > ac E € v..C. : (2) Persons removing septage from an OSS shall: pumper (c) Record and report septage removal to the local health officer. 41 1 (d) Dispose of septage, or apply septage biosolids to land only in a manner l consistent with applicable laws. 3 24.05.22 Developments, Subdivisions, and Minimum land area requirements. 4 (1) A person proposing the development shall obtain approval from the local health S officer prior to any development where the use of OSS is proposed. 6 (2) The local health officer shall require the following prior to approving any 7 development: 8 (a) Site evaluations as required under WCC 24.05.11 page 21; 9 10 (b) Where a subdivision with individual wells is proposed: 11 (i) Configuration of each lot to allow a 100 -foot radius water supply 12 protection zone to fit within the lot lines; or 13 (ii) Establishment of a 100 -foot protection zone around each existing 14 and proposed well site; 5 (c) Where preliminary approval of a subdivision is requested, provision of at 16 least one soil log per proposed lot, unless the local health officer 17 determines existing soils information allows fewer soil logs; 18 (d) Determination of the minimum lot size or minimum land area required for 19 the development using Method I and /or Method II: 20 (i) METHOD I. Table IX, Single Family Residence Minimum Lot Size 21 or Minimum Land Area Required Per Unit Volume of Sewage, 22 shows the minimum lot size required per single family residence. 23 For developments other than single family residences, the minimum 24 land areas shown are required for each unit volume of sewage. 42 1 3 4 5 6 7 10 11 12 13 `4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 `5 .,6 TABLE IX Minimum Land Area Requirement Single Family Residence or Unit Volume of Sewage Type of So><l Type (defined'by section 146 11) . _. Water >:'..... Supply:.::;;. lA, 1B 2A, 2B 3 4 5 0.5 acre' Public 12,500 15,000 18,000 20,000 2.5 acre sq. ft. sq. ft. sq. ft. sq. ft. Individual, 1.0 acre' on each lot 2 acre acre acre 2 2.5 acres .. acres 1 Due to the highly permeable nature of Soil Type LA, only alternative systems which meet or exceed Treatment Standard 2 can be installed. (ii) METHOD II. A minimum land area proposal using Method II is acceptable only when the A: (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 15 and WCC 24.05.11(2)(a)(vii) page 21; and (XVI) Any other information required by the local health officer. 1 (B) Shows development with public water supplies having: 2 (I) At least 12,500 square feet lot sizes per single family 3 residence; 4 (II) No more than 3.5 unit volumes of sewage per day per 5 acre for developments other than single family 6 residences; and 7 (C) Shows development with individual water supplies having at 8 least one acre per unit volume of sewage; and 9 (D) Shows land area under surface water is not included in the 10 minimum land area calculation; and 11 (e) Regardless of which method is used for determining required minimum lot 12 sizes or minimum land area, submittal to the health officer, of information 13 consisting of field data, plans, and reports supporting a conclusion the land 14 area provided is sufficient to: 15 (i) Install conforming OSS; 16 (ii) Assure preservation of reserve areas for proposed and existing OSS; 17 (iii) Properly treat and dispose of the sewage; and 18 (iv) Minimize public health effects from the accumulation of 19 contaminants in surface and ground water. 20 (3) The local health officer shall require lot areas of 12,500 square feet or larger 21 except when a person proposes: 22 (a) OSS within the boundaries of a recognized sewer utility having a finalized 23 assessment roll; or 24 (b) A planned unit development with: 25 (i) A signed, notarized, and recorded deed covenant restricting any 26 development of lots or parcels above the approved density with the 27 density meeting the minimum land area requirements of subsection 28 (2)(d) of this section; 29 (ii) A public entity responsible for operation and maintenance of the 30 OSS, or a single individual owning the OSS; 31 (iii) Management requirements under WAC 246 - 272 -08001 when 12 installing a LOSS; and 44 1 (iv) Extinguishment of the deed covenant and higher density 2 development allowed only when the development connects to public 3 sewers. 4 (4) The local health officer may: 5 (a) Allow inclusion of the area to the centerline of a road or street right -of- 6 way in a Method II determination under subsection of WCC 7 24.05.21(2)(d)(ii) page 43 to be included in the minimum land area 8 calculation if- 9 (i) The dedicated road or street right -of -ways are along the perimeter 10 of the development; 11 (ii) The road or street right -of -ways are dedicated as part of the 12 proposed development; and 13 (iii) Lots are at least 12,500 square feet in size. 14 (b) Require detailed plot plans and OSS designs prior to final approval of 15 subdivision proposals; '6 (c) Require larger land areas or lot sizes to achieve public health protection; 17 (d) - Prohibit development on individual lots within the boundaries of an 18 approved subdivision if the proposed OSS design does not protect public 19 health by meeting requirements of these regulations; and 20 (e) Permit the installation of an OSS, where the minimum land area 21 requirements or lot sizes cannot be met, only when all of the following 22 criteria are met: 23 (i) The lot is registered as a legal lot of record created prior to the 24 effective date of this chapter; 25 (ii) The lot is outside an area of special concern where minimum land 26 area has been listed as a design parameter necessary for public 27 health protection; and 28 (iii) The proposed system meets all requirements of these regulations 29 other than minimum land area. 45 1 24.05.23 Areas of Special Concern. 2 (1) The local health officer may investigate and take appropriate action to minimize 3 public health risk in formally designated areas such as: 4 (a) Shellfish protection districts or shellfish growing areas; S (b) Sole Source Aquifers designated by the U.S. Environmental Protection 6 Agency; 7 (c) Areas with a critical recharging effect on aquifers used for potable water as 8 designated under Washington Growth Management Act, chapter 9 36.70A.170 RCW; 10 (d) Designated public water supply wellhead protection areas. 11 (e) Up- gradient areas directly influencing water recreation facilities designated 12 for swimming in natural waters with artificial boundaries within the waters 13 as described by the Water Recreation Facilities Act, chapter 70.90 RCW; 14 (f) Areas designated by the department of ecology as special protection areas 15 under chapter 173 - 200 -090 WAC, Water Quality Standards for Ground 16 Waters of the State of Washington; 17 (g) Wetland areas under production of crops for human consumption; 18 (h) Frequently flooded areas delineated by the Federal Emergency 19 Management Agency; and 20 (i) Areas identified and delineated by the local board of health in consultation 21 with the department to address public health threat from on -site systems. 22 (2) The permit issuing authority may impose more stringent requirements on new 23 development and corrective measures to protect public health upon existing 24 developments in areas of special concern, including: 25 (a) Additional location, design, and /or performance standards for OSS; 26 (b) Larger land areas for new development; 27 (c) Prohibition of development; 28 (d) Additional operation, maintenance, and monitoring of OSS performance; 29 (e) Requirements to upgrade existing OSS; 30 (f) Requirements to abandon existing OSS; and 46 I (g) Monitoring of ground water or surface water quality. 2 (3) Within areas of special concern, to reduce risk of system failures, a person 3 approved or designated by the local health officer shall: 4 (a) Inspect every OSS at least once every three years; S (b) Submit the following written information to both the local health officer 6 and the property owner within 30 days following the inspection: 7 (i) Location of the tank; 8 (ii) Structural condition of the tank, including baffles; 9 (iii) Depth of solids in tank; 10 (iv) Problems detected with any part of the system; 11 (v) Maintenance needed; 12 (vi) Maintenance provided at time of inspection; and 13 (vii) Other information as required by the local health officer. 14 (c) Immediately report failures to the local health officer 15 24.05.24 Licensing. 16 It' ........................... ........ ............................... 17 ±# r 19 20 21 22 23 24 25 26 4. di :iii } } } } }} ::::i:: ::':4.i }:i:i:y : i }i:ii. i' :.C:::4':. :i:: t:L' .U::: ;: i;:s : :::..:. :i::: ?.4. : :i::•:i:i : i:9::;:i4::i .}..:i. .ii:: ::i:i:i:i:: ::::i::4. �i %i .^.::4:::4:: .:?•:::Y. .?::' .•i.::C:::C: ::: : ::::i:i:: i :: p........ . 1 i �. A: .......... ............................... Cyl 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 3 24 25 26 27 28 29 30 31 32 33 34 35 36 ....: i:}} iiiiiii:i+ii:':i:<.vii......•.. ... ii.......: :.....i }} }:: '.:i.i::::.::..: ....... " ':..."ii }i::: : } .:::: ::.:...::: :q:.ia }i }i:.::: 37 ::2 ::::: »:::: »: >: >: carp :> c� X : >:im: alien : >::ce t�ficat ::s ai : >:.rd id : he:::ia c�. P :............::::::::::::::::::::::::::::::::::::::::::::::.:::::::::::::::::::: F:::::::: ::::.:.:: :::._::::::::::::::::: ? ' 38 39 10 41 .• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 �1 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 m 1 2 3 4 5 6 7 11 12 13 14 15 16 17 18 9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 50 3 4 5 6 7 8 9 10 11 12 24.05.25 Waiver of State Regulations. 13 (1) For individual, site -by -site waiver requests, if concurrence is granted by the 14 department, the local health officer may grant a waiver from specific requirements 15 in this chapter for OSS under 3500 gallons per day only after the following 16 procedure has been completed: 17 (a) The applicant submits a waiver application to the local health officer, `8 including justification describing how the requested waiver is consistent 19 with purpose and objectives to meet the public health intent of this 20 chapter; 21 (b) If the local health officer determines that the waiver is consistent with the 22 standards in and the intent of this chapter. 23 (c) On a Quarterly basis, the local health officer will forward to the 24 department any approved or denied waivers for their records. 25 (2) The department may grant a waiver from specific requirements in this chapter for 26 a LOSS if a person submits a completed departmental waiver application and 27 required fee to the department, including justification showing the requested 28 waiver is consistent with the LOSS standards in this chapter, and is consistent with 29 the purpose and objectives of this chapter to assure public health protection. 30 (3) If an applicant desires to modify and resubmit a previously denied waiver request, 31 the process described above in subsection (1) for OSS under 3500 gallons per day, 32 or subsection (2) above for a LOSS shall be followed again. 51 1 24.05.26 Enforcement. Z 3 (1) The local health officer: 4 (a) Shall enforce the rules of WCC 24.05; or 5 (b) May refer cases within their jurisdiction to the local prosecutor's office or 6 office of the attorney general, as appropriate. 7 (2) When a person violates the provisions under this chapter, the local health officer, 8 local prosecutor's office, or office of the attorney general may initiate enforcement 9 or disciplinary actions, or any other legal proceeding authorized by law, including 10 but not limited to any one or a combination of the following: 11 (a) Informal administrative conferences, convened at the request of the 12 department or owner, to explore facts and resolve problems; 13 (b) Orders directed to the owner and /or operator of the OSS and /or person 14 causing or responsible for the violation of the rules of WCC 24.05; 15 (c) Denial, suspension, modification, or revocation of permits, approvals, or 16 certification; and 7 18 19 20 (d) Civil 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 21 (b) Orders to stop work and /or refrain from using any OSS or portion of the 22 OSS or improvements to the OSS until all permits, certifications, and 23 approvals required by rule or statute are obtained. 24 (4) Enforcement orders issued under this section shall: 25 (a) Be in writing; 26 (b) Name the person or persons to whom the order is directed; 27 (c) Briefly describe each action or inaction constituting a violation of the rules 28 of WCC 24.05; 29 (d) Specify any required corrective action, if applicable; '0 e Specify the effective date of the order ' >W 'O>' f> `> ` d ` '''fr 31 cec. <o<te` lac 52 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 '9 30 (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 h :scertifcation and/or e (ii) Referral to the office of the county prosecutor or attorney general. (iii) Other appropriate remedies. (g) Provide the name, business address, and phone number of an appropriate staff person who may be contacted regarding an order. (h) Comply with 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; 53 I (v) Association members; 2 (vi) Agents; and in addition 3 (vii) . Third persons acting with the knowledge of such persons. 4 5 6 7 8 9 10 11 12 13 14 24.05.27 Notice of decision -- Adjudicative Proceeding. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 '1 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ..::.:::..::; r rims of the reee � a .. p am-:064 e::.: .:.:.. t 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 22 24.05.28 Severability. 23 (1) If any provision of this chapter or its application to any person or circumstances is 24 held invalid, the remainder of this chapter, or the application of the provision to 25 other persons or circumstances shall not be affected. 26 24.05.29 Fees. 27 28 56 A SUMMARY OF SIGNIFICANT CHANGES: ON -SITE SEWAGE SYSTEM REGULATIONS WCC 24.05 On March 9, 1994 the Washington State Board of Health adopted an amended WAC 246 -272. These regulations become effective January 1, 1995. Copies are available upon request from the Health Department. The State document, WAC 246 -272, and Whatcom County document, WCC 24.05, were merged into one "stand alone document ", WCC 24.05. This simplifies and makes information accessible to the public and all persons involved in the design, installation and maintenance of sewage disposal systems. The County regulations may be as restrictive or more restrictive than the State Regulations. All items in WCC 24.05, revised 3/13/90, which were less restrictive than WAC 246 272 were deleted. All items in WCC 24.05, revised 3/13/90, which were redundant or stated in WAC 246 -272 were deleted. A copy of WCC 24.05, revised 3/13/90, is available upon request from the Health Department. The RM090M are those that are in the new WCC 24.05. Following each item listed below is a statement as to the originator of the change. Program Administration 1. The State Regulations are adopted by reference. The more restrictive regulation shall apply in I conflicts. This is a Whatcom County proposed change. 2. A "bedroom" and a "Lake Whatcom Watershed" definition were added. Fourteen other definitions were introduced or amended. This is a Whatcom County proposed change. Design 1. Existing Lake Whatcom Watershed setbacks were added to the Minimum Horizontal Separation table. This is a Whatcom County proposed change. 2. The Lake Whatcom Watershed subsection was moved to the Design section. A table was created to eliminate verbiage and specify requirements. This is a Whatcom County proposed change. 3. A "non- pressurized mound" subsection was added to the Design section. A non - pressurized mound was formerly known as a gravity fill. Existing setback requirements were moved to the Minimum Horizontal Separation table. This is a Whatcom County proposed change. 4. Soils are now classified by Type and Textural Classification. Percolation rates were deleted. The deletion of percolation rates is a Whatcom County proposed change. 1 5. Soil Type 1 is described as "very gravelly or extremely gravelly soil and separated into two distinct classes for greater accuracy. This is a State Department of Health change: 6. Systems installed in Soil Type lA must be alternative systems capable of meeting Treatment Standard 2. The hydraulic loading rate varies according to the system selected to meet Treatment Standard 2. The hydraulic loading rate for Soil Type 1B varies because it depends upon the rate that is assigned to the non - gravel portion of soil. This is a State Department of Health change. 7. The method for effluent distribution is determined by soil type and soil depth. Gravity systems require three feet of vertical separation or two feet of vertical separation with pressure distribution. This is a State Department of Health change. 8. Systems with design flows between 1000 and 3500 gallons per day and those with individual laterals greater than 100 feet will require pressure distribution. This is a State Department of Health change. 9. All wastewater which is not residential strength will require pretreatment. =This is a State Department of Health change. Inspection 1. The local health officer shall produce "as- built" drawings based upon a final inspection. This is a State Department of Health change. The local health officer producing the "as- built" is a Whatcom County change. 2. All OSS for food service establishments shall be annually inspected by the local health officer. This is a State Department of Health change. Installation 1. Pump chambers must have clean -out and inspection access at or above finished grade. This is a State Department of Health change. 2. The homeowner exemption from installer certification requirements was clarified. This is a Whatcom County proposed change. Failures 1. If an existing OSS fails and the disposal component replacing it must be located closer to surface water or private wells than the distance allowed for new construction, the system to be installed must meet a specific treatment standard described in Table VIII. This is a State Department of Health change. 2. All repairs of failures require a permit prior to installation. This is a State Department of Health change. K Septage Management Persons removing septage shall report septage removal to the local health officer. This is a State Department of Health change. 2. Homeowners may not pump their own septic tanks. This is a Whatcom County proposed change. Minimum Land Area 1. Minimum land area is based upon soil texture and water supply. a) The minimum land area requirement for the Lake Whatcom Watershed was increased. This is a Whatcom County proposed change. b) We applied a practical consideration of well siting, drainfield location and increased treatment provided by alternative systems to establish new minimum land area requirements. Some requirements increased and some decreased. This is a Whatcom County proposed change. C) Land area requirements for commercial establishments, industrial developments, multiple dwelling units, mobile home parks and recreational vehicle parks are based upon a unit volume of sewage per day per acre. This is a State Department of Health change. 2. For new subdivisions, all private wells shall have a 100 foot radius protective zone. This is a State Department of Health change. Operation and Maintenance The owner must determine scum and sludge levels in the septic tank at least once every three years and have the tank pumped if necessary. The reserve area set aside for future disposal components must be protected. On -site additives are prohibited from use unless approved by the State Department of Health. This is a State Department of Health change. 2. By January 1, 2000 the local health officer must implement plans to periodically monitor every on -site system within their jurisdiction to assure compliance with operation and maintenance requirements. This is a State Department of Health change. Areas of Special Concern 1. Health officers may investigate and take appropriate action in "Areas of Special Concern" to protect public health. These areas delineated through. public process may include; shellfish growing areas, wellhead protection zones, water contact recreation areas, wetlands, and flood plains. The local health officer shall develop and implement plans to monitor performance in "Areas of Special Concern" that have been identified and delineated through public process. This is a State Department of Health change. Licensing 1. Septic system designer license, pumper license and installer certificate expire one year after date of issuance. This is a Whatcom County proposed change. 3 TEL t Si rijL -10 -' 95 1.1n1 1 09: 1'. 1 D: DnH Et 11 11 P HEALTH n: �nr�- �6a -'n 1 Ter a • STATE OF WASHINGTON DEPARTMENT OF HEALTH ENVIRONMENTAL HEALTH PROGRAMS Airdus(rial Cen(er, Bldg. 7 • P.O. Box 478 21 • Olympia, Washington 98504.7811 NUrch 7, 1996 Bob Klgc Supervisor, Sewage Program Whatcom County Health Department Environmental Health Division 609 Girard Street P.O. Box 936 Bellingbam, Washington 98227 Dear Mr. Kloc. U991 P". In- accordance with the procedure established in WAC 246 -272- 02001, the Department of Health (DOH) has reviewed the January 24, 1996 draft of Chapter 24.05 WCC, On-Site Bewage Systems, Rules and Regulations of the Whatooin County Health Department. Chapter 24.05 WCC On -Site Sewage Systems is consistent with the intent of WAC 246 -272 and is hweby approved. This approval is given under the premise that DOH grants concurrence, per WAC 272 -272- 26001, through the waiver process for the proposed application of Whatcom County Non. pressurized Mounds, as included in WCC -24.05.13 Guidelines for Whatcom County Non. pressurized Mounds. oc; Kris Van Gorkom Mark Soltman Sincerely, l_r7 / Kahn A. VanDusen Office Director STATr p� 1 IPPY STATE OF WASHINGTON DEPARTMENT OF HEALTH OFFICE OF COMMUNITY ENVIRONMENTAL HEALTH PROGRAMS Building 2, Airdustrial Center • P.O Box Olympia, Washington 98504 -7826 June f9 Frank E. James, M.D. Health Officer Whatcom County Health Department Post Office Box 935 Bellingham, Washington 98227 Dear Dr. James: The Whatcom County Health Department's "Class B" waiver proposal for on -site sewage systems under 3500 gallons per day design flow was received by the Department of Health on June 15, 1995. The proposal involves waiving specific effluent distribution and treatment performance provisions found in WAC 246-272-11501(2)(f), TABLE IV, and instead utilizing the Whatcom County Non - Pressurized Mound to meet the TABLE IV requirements for Treatment Standard 2 and pressure distribution in Soil Types 2A through 6 with vertical separations greater than or equal to one foot. Where the original, undisturbed, unsaturated soil depth is between twelve and eighteen inches, the non- pressurized mound systems will require pretreatment by an intermittent sand filter. Department of Health staff have determined that this waiver proposal is consistent with the purpose and objectives of Chapter 246 -272 WAC. This decision is based on the historical low failure rate associated with the Whatcom County non - pressurized mound systems; the administrative protections the Whatcom County Health Department has in place regarding the non - pressurized mounds; the operational requirements associated with the use of the systems; and the tight quality control program Whatcom County has initiated with respect to these systems. Guidelines for the Whatcom County Non - pressurized Mounds are found in WCC 24.05, On -Site Sewage Systems, Rules and Regulations of the Whatcom County Health Department. Chapter 24.05 has been approved by the Department of Health. Copies of each Class B waiver request application, acted on locally, are to be submitted by the local health officer to the Department of Health for each quarter of the year, as provided.in WAC 246 -272- 25001. The quarterly report form and information on the quarterly reporting process are available upon request to this department. If you have any questions or need additional information, please contact Mark Soltman, Supervisor of the Department of Health Wastewater Program, at (360) 753- 3764. Sincerely, Jca;ren A. VanDusen e Director cc: Mark Soltman Bob Kloc Eric Slagle