HomeMy WebLinkAboutord2025-012°
Whatcom County
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Master Report
File Number: AB2025-149
File ID:
AB2025-149
Version: 1
Status: Adopted
File Created:
01/30/2025
Entered by: nervin@co.whatcom.wa.us
Department:
Health Department
File Type: Ordinance
Assigned to:
Council
Final Action: 03/11/2025
Agenda Date:
03/11/2025
Enactment #: ORD 2025-012
Related Files:
Primary Contact Email: I-lhruza0q co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance adopting amendments to Whatcom County Code 24.05, Onsite Sewage System
Regulations
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
The proposed ordinance amends Whatcom County Code 24.05 Onsite Sewage System Regulations.
In January of 2024, the Board of Health adopted changes to the Washington State administration code
WAC 246-272A. Since this time, WCC.24.05 has been reviewed to reflect OSS mangament best
practices and the required changes in WAC 246-272A.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
02/11/2025
Council
INTRODUCED Council Public Works & Health
Committee
Aye:
7
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay:
0
02/25/2025
Council Public Works & Health
DISCUSSED AND
Committee
MOTION(S) APPROVED
02/25/2025
Council
DISCUSSED AND
MOTION(S) APPROVED
03/11/2025
Council
ADOPTED
Aye:
7
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay:
0
Whatcom County
Page 1 Printed on 311212025
Agenda Bill Master Report Continued (AB2025-149)
Attachments: Staff Memo, Summary of Significant Code Changes, Substitute Summary of Significant Code
Changes, Proposed Ordinance, Notice of Action Proposed on 2.11.2025, Notice of Hearing after
2.25.2025
Whatcom County Page 2 Printed on 311212025
PROPOSED BY:
INTRODUCTION DATE:
1 ORDINANCE NO. 2025-012
2 AMENDING WHATCOM COUNTY CODE CHAPTER 24.05 ON -SITE SEWAGE SYSTEM
3 REGULATIONS TO ALGIN WITH WAC 246-272 AND IMPROVE STEWARDSHIP OF
4 ON -SITE SEWAGE SYSTEMS IN WHATCOM COUNTY.
5 WHEREAS, Whatcom County Code (WCC), Chapter 24.05 sets forth requirements for onsite
6 sewage development to support and protect the health and safety of Whatcom County
7 residents; and
8 WHEREAS, WAC 246-272A, the Washington State administrative code chapter applicable to
9 onsite sewage systems oversight and regulation, was updated by the Washington State
10 Board of Health on January 10, 2024; and
11 WHEREAS, as a result of the changes to the WAC, WCC 24.05 is discrepant with both the
12 current provisions of WAC 246-272A and best practices for onsite sewage system
13 stewardship; and
14 WHEREAS, it is necessary to update the provisions of WCC 24.05 to ensure compliance and
15 consistency with state rules and to promote best practices for onsite sewage stewardship in
16 Whatcom County that are consistent with state law; and
17 WHEREAS, the Local Health Officer administers and may modify local regulations as
18 outlined in WAC 246-272A:
19 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
20 Whatcom County Code Chapter 24.05 be amended as presented in Exhibit A and shall
21 become effective immediately after the County Executive signs this ordinance.
22 ADOPTED this _
23 ®�` C 0 � a�
24 ATTT
25
26
27 Cathy HEflka`-e Jerk--o fri&
Coundi;l °ap>'
28
29
30 APPROVED AS TO FORM:
31
32 Christopher Quinn (electronic approval)
33 Civil Deputy Prosecutor
34
35
11th day of March , 2025.
1
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
�l e �et I Alo w a `y4��_
WHATCOM COUNTY EXECUTIVE
Exhibit A
WCC 24.05 Onsite Sewage System Regulations
Sections:
24.05.010 Purpose, objectives, and authority.
24.05.020 Administration.
24.05.030 Applicability.
24.05.040 Adoption by reference.
24,05.050 Definitions.
24.05.060 Local Rules.
24.05.070 Local management plans.
24.05.080 Connection to public sewer system.
24.05.090 Sewage Technologies.
24.05.100 Proprietary treatment products — Eligibility for registration.
24.05.110 Proprietary treatment product registration — Process and requirements.
24.05.120 Bacteriological reduction.
24.05.130 Proprietary distribution products — Certification requirements.
24.05.140 Proprietary distribution product registration — Process and requirements.
24.05.150 Product development permits.
24.05.160 Permit requirements.
24.05.170 Location.
24.05.180 Soil and site evaluation.
24.05.190 Design requirements - General.
24.05.200 Design requirements— Septic tank sizing.
24.05.210 Design requirements — Pump chambers.
24.05.220 Design requirements —Soil dispersal components.
24.05.230 Design requirements — Facilitate operation, monitoring and maintenance.
24.05.240 Holding tank sewage systems.
24.05.250 Installation.
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24.05.260 Inspection.
24.05.270 Record drawings.
24.05.280 Operation, monitoring and maintenance — Owner responsibilities.
24.05.290 Operation, monitoring and maintenance — Food service establishments.
24.05.300 Remediation.
24.05.310 Repair of failures.
24.05.320 Minor repair of malfunctions.
24.05.330 Expansions.
24.05.340 Abandonment.
24.05.350 Septage management.
24.05.360 Developments, subdivisions, and minimum land area requirements.
24.05.370 Approval of installers, pumpers, and maintenance service providers.
24.05.380 Licensing
24.05.390 Technical advisory group (TAG).
24.05.400 Policy advisory group.
24.05.410 Waivers.
24,05.420 Required review of rules.
24.05.430 Enforcement.
24.05.440 Notice of decision —Adjudicative proceeding.
24.05.450 Severability.
24.05.460 Fees.
24.05.010 Purpose, objectives, and authority.
1. The purpose of this chapter is to protect the public health by minimizing:
(a) The potential for public exposure to sewage from on -site sewage systems (OSS); and
(b) Adverse effects to public health that discharges from OSS may have on ground and surface
waters.
2. This chapter regulates the location, design, installation, operation, maintenance, and monitoring of
OSS to:
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(a) Achieve long-term sewage treatment and effluent dispersal; and
(b) Limit the discharge of contaminants to waters of the state.
3. The state board of health is authorized under RCW 43.20.050 to establish minimum requirements for
the department of health and local boards of health, and consistent with RCW 43.70.310 integrating the
preservation of public health with protection of the environment in order to endorse policies in
common.
4. This chapter is intended to coordinate with other applicable statutes and rules for the design of OSS
under Chapter 18.210 RCW, Chapters 196-33 and Chapter 246-272A WAC.
5. This chapter is intended to coordinate with other applicable statutes for land use planning under
chapters 36.70 and 36.70A RCW, and the statutes for subdivision of land under chapter 58.17 RCW and
with land use planning regulation of Whatcom County. (Ord. 2006-056 Exh. A)
6. The local health officer may designate low-lying marine shorelines in their jurisdiction.
7. This chapter provides for the issuance of permits, establishment of fees, licensing and bonding of
installers, pumpers, and operation and maintenance specialists of sewage disposal systems and an
appeals procedure.
24.05.020 Administration.
The health officer shall administer this chapter under the authority and requirements of
Chapters 70.05, 70.08, 70.46, 70A.105, 70A.110 and 43.70 RCW. Under RCW 70.05.060(7), fees may be
charged for this administration. (Ord. 2006-056 Exh. A).
24.05.030 Applicability.
(1) The health officer:(a) Shall apply this chapter to OSS treating sewage and dispersing effluent from
residential sewage sources with design flows up to 3,500 gallons per day;
(b) May apply this chapter to OSS for nonresidential sources of sewage if treatment, siting,
design, installation, and operation and maintenance measures provide treatment and effluent
dispersal equal to that required of residential sources;
(c) May not apply this chapter to industrial wastewater.
(2) The department shall apply the requirements of chapter 246-272A for the registration of proprietary
treatment and distribution products.
(3) A valid sewage system design approval or construction permit issued prior to the effective date of
the ordinance codified in this chapter:
(a) Shall be acted upon in accordance with regulations in force at the time of issuance;
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(b) Shall have a maximum validity period of five years from the date of issuance or remain valid
for an additional year beyond the effective date of the ordinance codified in this chapter,
whichever assures the most lenient expiration date; and
(c) May be modified to include additional requirements if the health officer determines that a
serious threat to public health exists.
(4) This chapter does not apply to facilities regulated as reclaimed water use under chapters 90.46 RCW
and 173-219 WAC.
(5) WDOE has authority and approval over:
(a) Domestic or industrial wastewater under Chapter 173-240 WAC; and
(b) Sewage systems using mechanical treatment, or lagoons, with ultimate design flows above
14,500 gallons per day.
(c) Intermediate septage holding facilities of 20,000 gallons or more
(6) WDOH has authority and approval over:
(a) Systems with design flows through any common point between 3,500 to 14,500 gallons per
day; and
(b) Any large on -site sewage system (LOSS) for which jurisdiction has been transferred to
WDOH.
(7) The health officer has authority and approval over:
(a) Any large on -site sewage system (LOSS) for which jurisdiction has been transferred to the
WCHCS from WDOH by contract.
(8) Where this chapter conflicts with Chapter 90.46 RCW, Water Pollution Control, the requirements
under those statutes apply. (Ord. 2006-056 Exh. A).
24.05.040 Adoption by reference.
Chapter 246-272A WAC, OSS Rules and Regulations, is hereby adopted by reference. If a conflict arises
between Chapter 246-272A WAC and this chapter, the more restrictive regulation shall prevail. Any
subsequent amendment to Chapter 246-272A WAC shall be considered to have been incorporated into
this chapter without the need for further amendment. (Ord. 2006-056 Exh. A).
24.05.050 Definitions.
The definitions used in this section apply throughout this chapter unless the context clearly indicates
otherwise:
"Additive" means a commercial product added to an OSS intended to affect performance or aesthetics
of an OSS.
"ADU" means accessory dwelling unit. An accessory dwelling unit is a 2nd dwelling unit on the same
piece of property as the primary dwelling unit."
"ANSI" means American National Standards Institute.
"Approved" means a written statement of acceptability issued by the local health officer or the
department.
"Bank" means any naturally occurring slope greater than 100 percent (45 degrees) and extending
vertically at least five feet from the toe of the slope to the top of the slope as follows:
"Bed" means a soil dispersal component consisting of an excavation with a width greater than three
feet.
"BL" means bacterial level
"Bedroom" means any enclosed room of 70 square feet or more that is not designated as a kitchen,
living/family room, utility room, office, bathroom, or dining room adjacent to the kitchen.
"Black water" means any waste from toilets or urinals.
"BOW means biochemical oxygen demand, typically expressed in mg/L.
"Building drain" means that part of the lowest piping of a building's drainage system that receives the
discharge of sewage from pipes inside the walls of the building and conveys it to the building sewer
beginning two feet outside the building wall.
"Building sewer" means that part of the horizontal piping of a drainage system extending from the
building drain, which collects sewage from all the drainage pipes inside a building, to an OSS. It begins
two feet outside the building wall and conveys sewage from the building drain to the OSS.
"CBODS" means carbonaceous biochemical oxygen demand, typically expressed in mg/L.
"Cesspool" means a pit receiving untreated sewage and allowing the liquid to seep into the surrounding
soil or rock.
"Common point" as it refers to OSS means any interconnection of sewerage piping systems whether
inside or outside of a building or structure.
Community Drainfield means 1. An OSS designed to serve more than one development other than
primary dwelling & ADU; or 2. An OSS with a design flow, at any common point, more than one
thousand (1,000) gallons per day and less than or equal to three thousand five hundred (3,500) gallons
per day for non-residential sources.
"Conforming system" means any OSS meeting any of the following criteria:
(a) In full compliance with new construction requirements under this chapter; or
(b) Approved, installed and operating in accordance with requirements of previous editions of
this chapter; or
(c) Permitted through the waiver process under WCC 24.25.410.
"Continuing Education Unit" (CEU) means 8 contact hours earned by attending continuing education
programs such as but not limited to approved training, classes, courses, workshops, offerings,
correspondence instructions or other means of providing instruction. A certificate of completion is
required to receive credit.
"Covenant" means a recorded agreement outlining certain activities and/or practices that are required
or prohibited by a property owner.
"Cover material" means soil placed over a soil dispersal component composed predominately of mineral
material with no greater than 10 percent organic content. Cover material is permeable soil that may
contain an organic surface layer for establishing a vegetative landscape to reduce soil erosion.
"Cuts means any artificially formed slope greater than 100 percent (45 degrees) and extending vertically
at least five feet from the toe of the slope to the top of the slope as follows:
"Department" means the Washington state department of health.
"Designer" means a person who matches site and soil characteristics with appropriate on -site sewage
technology. Throughout this chapter this term applies to both OSS designers licensed under
Chapter 18.210 RCW and professional engineers licensed under Chapter 18.43 RCW.
"Design flow" means the maximum volume of sewage a residence, structure, or other facility is
estimated to generate In a 24-hour period. it Incor orates both an operating ca acity and a surge
g N p"" capacity g
capacity for the OSS during periodic heavy use events. The sizing and design of the OSS components are
based on the design flow.
"Detention Pond" means an earthen impoundment used for the collection and temporary storage of
stormwater runoff.
"Development" means the creation of a residence, structure, facility, subdivision, site, area planned unit
development, or any activity resulting in the production of sewage.
"Disinfection" means the process of destroying pathogenic microorganisms in sewage through the
application of ultraviolet light, chlorination, or ozonation.
"Distribution technology" means any arrangement of equipment or materials that distributes sewage
within an OSS.
"Drainrock" means clean washed gravel or crushed rock ranging in size from three-quarters inch to two
and one-half inches, and containing no more than two percent by weight passing a U.S. No. 8 sieve and
no more than one percent by weight passing a U.S. No. 200 sieve.
"DS&G" means department standards and guidance.
"E. coli" means Escherichia coli bacteria. Counts of these organisms are typically used to indicate
potential contamination from sewage or to describe a level of needed disinfection, typically expressed
as colony forming units/100 ml
"Effluent" means liquid discharged from a sewage tank or other OSS component.
"EPA" means United States Environmental Protection Agency.
"Expanding clay" means a clay soil with the mineralogy of clay particles, such as those found in the
MontmorilIon ite/Smectite group, which causes the clay particles to expand when they absorb water,
closing the soil pores, and contract when they dry out.
"Expansion" means a change in a residence, facility, site, or use that:
(a) Causes the sewage quantity or quality to exceed the existing design flow or treatment of the
OSS, for example, when a residence is increased from two to three bedrooms or a change in use
from an office to a restaurant or change in restaurant type to produce high strength waste; or
(b) Reduces the treatment or dispersal capability of the existing OSS or the reserve area, for
example, when a building is placed over a reserve area.
"Extremely gravelly" means soil with 60 percent or more, but less than 90 percent, rock fragments by
volume.
"Failure" means a condition of an OSS or component that threatens the public health by inadequately
treating sewage or by creating a potential for direct or indirect contact between sewage and the public.
Examples of failure include:
(a) Sewage on the surface of the ground;
(b) Septic backing up into a structure caused by slow soil absorption of septic tank effluent;
(c) Sewage leaking from a sewage tank or collection system;
(d) Cesspools or seepage pits where evidence of ground water or surface water quality
degradation exists;
(e) Inadequately treated effluent contaminating groundwater or surface water;
(f) Noncompliance with standards stipulated on the permit.
"Fecal coliform" or "FC" means bacteria common to the digestive systems of warm-blooded animals that
are cultured in standard tests. Counts of these organisms are typically used to indicate potential
contamination from sewage or to describe a level of needed disinfection. Typically expressed in colony
forming units/100 ml.
"Fill" means unconsolidated material that:
(a) Meets soil types 1-6 textural criteria and is used as part of a dispersal component;
(b) Is used to change grade or to enhance surface water diversion; or
(c) Is any other human -transported material.
"Flood plain" means an area that is low-lying and adjacent to a stream or river that is covered by water
during a flood.
"Geotextile" means barrier material covering the gravel trench or bed. The geotextile shall be
nonwoven. The fabric shall be free of any chemical treatment or coating which reduces permeability and
shall be inert to chemicals commonly found in soil.
"GPD" means gallons per day.
"Gravelly" means soils with 15 percent or more, but less than 35 percent, rock fragments by volume.
Greywater" means sewage from any source in a residence or structure that has not come into contact
with toilet or urinal wastes, including bathtubs, showers, bathroom sinks, washing machines,
dishwashers, and kitchen sinks.
"Ground water" means subsurface water occupying the zone of saturated soil, permanently, seasonally,
or as the result of the tides. Indications of ground water may include:
(a) Water seeping into or standing in an open excavation from the soil surrounding the
excavation or monitoring port.
(b) Spots or blotches of different color or shades of color interspersed with a dominant color in
soil caused by reduction and oxidation of iron. These color patterns are redoximorphic features,
commonly referred to as mottling. Redoximorphic features often indicate the intermittent
presence of ground water and may indicate poor aeration and impeded drainage.
"Holding tank sewage system" means an OSS that incorporates a sewage tank without a discharge
outlet, the services of a sewage pumper/hauler, and the offsite treatment and disposal for the sewage
generated.
"Hydraulic loading rate" means the amount of effluent applied to a given treatment step, expressed as
gallons per square foot per day or gal./sq. ft./day.
"Industrial wastewater" means the water or liquid -carried waste from an industrial process. These
wastes may result from any process or activity of industry, manufacture, trade or business, from the
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development of any natural resource, or from animal operations such as feedlots, poultry houses, or
dairies. Industrial wastewater includes contaminated storm water and leachate from solid waste
facilities.
"Infiltration pond" means an earthen impoundment used for the collection, temporary storage, and
infiltration of stormwater run-off.
"Infiltrative surface" means the surface within a treatment component or soil dispersal component to
which effluent is applied and through which effluent moves into original, undisturbed soil or other
porous treatment media.
"Installer" means a person approved by the local health officer to install an OSS or OSS components.
"Intermediate septage holding tank" means a septage holding tank used by a licensed pumper intended
for intermediate storage of septage up to 19,999 gallons prior to final disposal at a permitted facility.
"Local health officer" means the health officer of the city, county, or city -county health department or
district within the state of Washington, or a representative authorized by and under the direct
supervision of the local health officer, as defined in chapter 70.05 RCW.
"LOSS" means a large on -site sewage system under chapter 246-272B WAC.
"Lot" means the entire parcel of land with fixed boundaries in single or joint ownership, which area is for
the use of the occupants of the building to be served by the proposed sewage disposal system.
Easements may be included in determining the boundaries of the lot.
"Maintenance" means the actions necessary to keep the OSS components functioning as designed.
"Maintenance service provider" means a management entity certified by the local health officer and
conducts a comprehensive analysis of an OSS.
"Malfunction" means a damaged or deficient previously conforming OSS component that may be
corrected by means of a minor repair.
"Massive structure" means the condition of a soil layer in which the layer appears as a coherent or solid
mass not separated into peds of any kind.
"May" means discretionary, permissive, or allowed.
"mg/L" means milligrams per liter.
"ml" means milliliter.
"Minimum usable land area" means the minimum land area within the minimum lot size required per
development using an OSS, which is based on soil type and type of water supply. Minimum usable land
area is free of all physical restrictions and meet minimum vertical and 'horizontal separations.
"Minor repair" means the repair or replacement of any of the following existing damaged or
malfunctioning OSS components except that the repair or replacement of a sewage tank, treatment
component, or soil dispersal component is not considered a minor repair:
(a) Control panels;
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(b) Building sewers;
(c) Any other portions of tightline in the OSS;
(d) Risers and riser lids;
(e) Sewage tank baffles;
(f) Effluent filters;
(g) Sewage tank pumps and lids;
(h) Pump control floats; and
(i) OSS inspection boxes and ports.
"Mobile home park" means a plot of ground in which three or more sites are intended for permanent
occupancy by mobile homes.
"Moderate structure" means well -formed, distinct peds evident in undisturbed soil. When disturbed,
soil material parts into a mixture of whole peds, broken peds, and material that is not in peds.
"Modification" means the alteration of an existing OSS component that does not result in an expansion
of the system. A modification is not considered a repair.
"Monitoring" means periodic or continuous checking of an OSS, which is performed by observations and
measurements, to determine if the system is functioning as intended and if system maintenance is
needed. Monitoring also includes maintaining accurate records that document monitoring activities.
"NSF" means National Sanitation Foundation International.
"O&G" means oil and grease, a component of sewage typically originating from foodstuffs such as
animal fats, or vegetable oils, or consisting of compounds of alcohol or glycerol with fatty acids such as
soaps and lotions, typically expressed in mg/L.
"Operating capacity" means the average daily volume of sewage an OSS can treat and disperse on a
sustained basis. The operating capacity, which is lower than the design flow, is an integral part of the
design and is used as an index in OSS monitoring.
"Operation and maintenance specialist" means a person licensed by the local health officer and
approved to perform operation inspections, minor repairs and maintenance on OSS and OSS
components.
"Ordinary high water mark" means the mark on lakes, streams, and tidal waters found by examining the
beds and banks and ascertaining where the presence and action of waters are so common and usual,
and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the
abutting upland with respect to vegetation, as that condition exists on the effective date of the
regulation codified in this chapter, or as it may naturally change thereafter. The following conditions
apply where the ordinary high water mark cannot be found:
(a) The ordinary high water mark adjoining marine water is the elevation at mean higher high
tide; and
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(b) The ordinary high water mark adjoining freshwater is the line of mean high water.
"OSS" means on -site sewage system, an integrated system of components, located on or nearby the
property it serves, which conveys, stores, treats, and provides subsurface soil treatment and dispersal of
sewage. It consists of a collection system, a treatment component or treatment component sequence,
and a soil dispersal component. An OSS also refers to a holding tank sewage system or other system that
does not have a soil dispersal component. The term "on -site sewage system (OSS)" does not include any
system regulated by a water quality discharge permit issued under chapter 90.48 RCW.
"PAG" means policy advisory group.
"PDP" means product development permit.
"Ped" means a unit of soil structure such as block, column, granule, plate or prism formed by natural
processes.
"Permit" means a written document issued by the health officer authorizing the construction,
installation, expansion or modification of a sewage disposal system.
"Person" means any individual, corporation, company, association, society, firm, partnership, joint stock
company, or any governmental agency, or the authorized agents of these entities. For the purposes of
WCC 24.05.430 and 24.05.440, a person is defined to include:
(a) Applicant;
(b) Reapplicant;
(c) Permit holder; or
(d) Any individual associated with (a), (b) or (c) of this subsection including, but not limited to:
(i) Board members;
(ii) Officers;
(iii) Managers;
(iv) Partners;
(v) Association members;
(vi) Agents; and
(vii) Third persons acting with the knowledge of such persons.
"Planned unit development" means a subdivision characterized by a unified site design, clustered
residential iinits resorts industrial or commercial units, and areas of common omen space to he
planned and constructed as a unit.
"Platy structure" means soil that contains flat peds that lie horizontally and often overlap. This type of
structure impedes the vertical movement of water.
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"Premises" means any building or structure and the property on which it is located and surrounding area
utilized by persons as a residence, a place of business or place of sponsored public assembly and
includes established picnic or campgrounds.
"Pressure distribution" means a system of small diameter pipes equally distributing effluent throughout
an OSS, as described in the DS&G for Pressure Distribution Systems, 2022. A subsurface drip system is
considered a pressure distribution system.
"Professional engineer" means a person who is currently licensed as an engineer under the provisions of
Chapter 18.43 RCW.
"Proprietary product" means a sewage treatment and distribution technology, method or material
subject to a patent or trademark.
"Public domain technology" means a sewage treatment and distribution technology, method, or
material not subject to a patent or trademark.
"Public sewer system" means a sewerage system:
(a) Owned or operated by a city, town, municipal corporation, county, or other approved
ownership consisting of a collection system and necessary trunks, pumping facilities and a
means of final treatment and disposal; and
(b) Approved by or under permit from the department of ecology, the department of health or a
local health officer.
"Puget Sound counties" means Clallam, Island, Kitsap, Jefferson, Mason, San Juan, Seattle -King, Skagit,
Snohomish, Tacoma -Pierce, Thurston, and Whatcom. All other counties are defined as non -Puget Sound
counties.
"Pump chamber" means a watertight receptacle placed after a septic tank, sewage tank, or other
treatment facility that contains the required controls and alarms to convey sewage effluent to a
treatment or dispersal component.
"Pumper" means a person approved by the local health officer to remove and transport sewage or
septage from an OSS.
"Record drawing" means an accurate graphic and written record of the location and features of the OSS
that are needed to properly monitor, operate, and maintain that system.
"Remediation" means any action, approved by the local health officer, which attempts to restore the
function of a previously conforming OSS dispersal component that has failed. Remediation is not
considered:
(a) A minor repair;
(b) A repair;
(c) An additive; or
(d) A treatment or distribution technology that allows the OSS to meet a specific treatment level
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"Recreational vehicle" means a vehicular -type unit as defined by the Department of Labor and
Industries, designed for temporary living quarters for recreational, camping or travel use, which either
has its own motor power or is mounted on or drawn by another vehicle.
"Recreational vehicle park" means a plot of land in which three or more sites are occupied or intended
for occupancy by recreational vehicles for travel, recreational or vacation uses.
"Repair" means the relocation, replacement or reconstruction of a failed OSS, or any OSS components
not included in the list for a minor repair, which have failed in order to restore the OSS to a nonfailure
status.
"Report of system status" means a WCHCS operations and maintenance report filed by a WCHCS
licensed O&M specialist completed at intervals outlined in WCC 24.05.280 (1)(e).
"Reserve area" means an area of land approved for the installation of a conforming OSS and dedicated
for replacement of the OSS upon its failure.
"Residential sewage means sewage having the constituency and quality typical of residential septic tank
effluent consistent with treatment level E identified in Table III in WCC 24.05.100.
"Restrictive layer" means a stratum impeding the vertical movement of water, air, and growth of plant
roots, such as hardpan, claypan, fragipan, caliche, some compacted soils, bedrock and unstructured clay
soils.
"Rock fragment" means rock or mineral fragments having a diameter of two millimeters or
more. Examples include gravel, cobbles, stones, and boulders.
"School" means any publicly financed or private or parochial school or facility used for the purpose of
school instruction, from the kindergarten through twelfth grade. This definition does not include a
private residence in which parents teach their own natural or legally adopted children.
"Seepage pit" means an excavation more than three feet deep where the sidewall of the excavation is
designed to dispose of septic tank effluent. Seepage pits are also known as dry wells.
"Septage" means liquid or solid material removed from sewage tanks, cesspools, portable toilets, type III
marine sanitation devices, vault toilets, pit toilets, recreational vehicle holding tanks, or similar systems
that receive only domestic sewage.
Septic System. See "On -site sewage system (OSS)."
"Septic tank" means a watertight pretreatment receptacle receiving the discharge of sewage from a
building sewer or sewers, designed and constructed to separate settleable and floating solids from the
liquid, detention and anaerobic digestion of the organic matter, prior to discharge of the liquid.
Sewage riieaiis any urine, iee.ea, and the water carrying nuniaii wastes, IIII.IUUIfIg KIII.IIerl, barn, and
laundry wastes from residences, buildings, industrial establishments or other places.
"Sewage quality" means contents in sewage that include:
(a) CBODS, TSS, and O&G;
14
(b) Other parameters that may adversely affect treatment. Examples include pH, temperature,
and dissolved oxygen; or
(c) Other constituents that create concerns due to specific site sensitivity. Examples include fecal
coliform, E. coli, phosphorus, and nitrogen..
"Sewage tank" means a prefabricated or cast -in -place septic tank, pump chamber, holding tank, grease
interceptor, recirculating filter tank or any other tanks as they relate to OSS including tanks for use with
proprietary products.
"Shall" means mandatory.
"Shoreline management program area" means upland areas within 200 feet of the ordinary high water
mark (OHWM) of the shoreline of all streams with a mean average flow of 20 cubic feet per second, all
lakes over 20 acres in size, all marine shorelines, and all associated wetlands and flood plains, and
floodways in accordance with the Whatcom County critical areas ordinance.
"Significant periods of the year" means six months or longer.
"Soil dispersal component" means a technology that releases effluent from a treatment component into
the soil for dispersal, final treatment and recycling.
"Soil log" means a detailed description of soil characteristics providing information on the soil's capacity
to act as an acceptable treatment and dispersal medium for sewage.
"Soil scientist" means a person certified by the American Society of Agronomy as a Certified Professional
Soil Scientist.
"Soil type" means a numerical classification of fine earth particles and coarse fragments as described in
WCC 24.05.180 (2)(e).
"Standard methods" means the 23rd Edition of Standard Methods for the Examination of Water and
Wastewater, prepared and published jointly by the American Public Health Association, the American
Water Works Association and the Water Environment Federation.
"Strong structure" means peds are distinct in undisturbed soil. They separate cleanly when soil is
disturbed, and the soil material separates mainly into whole peds when removed.
"Subdivision" means a division of land or creation of lots or parcels, described under
Chapter 58.17 RCW, now or as hereafter amended, including both long and short subdivisions, planned
unit developments, and mobile home parks.
"Subsurface drip system" means an efficient pressurized wastewater distribution system that can deliver
small, precise doses of effluent to soil surrounding the drip distribution piping, also known as dripline, as
described in the vS&G forSubsurface Drip Syste
ms.
"SSAS" means a subsurface soil absorption system that is a soil dispersal component of trenches or beds
containing either a distribution pipe within a layer of drainrock covered with a geotextile, or an
approved gravelless distribution technology, designed and installed in suitable soil, with either gravity or
pressure distribution of the treatment component effluent.
15
_Finished Grade
"Suitable" means original, undisturbed, unsaturated soil of soil types 1-6 with at least the vertical
separation established in this chapter.
"Surface water" means any fresh or marine body of water, flowing or contained in natural or artificial
unlined depressions for significant periods of the year, including natural and artificial lakes, ponds,
springs, rivers, streams, swamps, marshes, and tidal waters.
"TAG" means the technical advisory group established in WCC 24.05.390.
"Timed dosing" means delivery of discrete volumes of sewage at prescribed time intervals.
"Tiny Home on Wheels" (THOW) is a dwelling unit that is 400 square feet or less in floor area (excluding
sleeping lofts) and is a portable structure licensed to be transported on the highways by a motor vehicle.
A THOW that is designed to be self-contained are equivalent to and are permissible under the same
rules as for recreational vehicles (RVs) established in WCC 20.97.200 .
"TN" means total nitrogen, typically expressed in mg/L.
"Treatment component" means a technology that treats sewage in preparation for further treatment or
dispersal into the soil environment. Some treatment components, such as mound systems, incorporate
a soil dispersal component in lieu of separate treatment and soil dispersal components.
"Treatment component sequence" means any series of treatment components that discharges treated
sewage to the soil dispersal component.
"Treatment level" means one of the following levels (A, B, C, BL1, BL2, BL3, E, & N) to:
(a) Identify treatment component performance demonstrated through requirements specified
in WCC 24.05.100; and
(b) Match site conditions of vertical separation and soil type with treatment components.
"Trench" means a soil dispersal component consisting of an excavation with a width of three feet or less.
"TSS" means total suspended solids, a measure of all suspended solids in a liquid, typically expressed in
mg/L.
"Unit volume of sewage" means:
(a) Flow from a single-family residence;
(b) Flow from a mobile home site in a mobile home park; or
(c) Four hundred fifty gallons of sewage per day where the proposed development is not single-
family residences or a mobile home park.
"Unknown OSS" means an OSS that was installed without the knowledge or approval of the local health
jurisdiction, including those that were installed before such approval was required.
"Unpermitted sewage discharge" means the discharge of sewage or treated effluent from an unknown
OSS.
"Vertical separation" means the depth of suitable soils between the bottom infiltrative surface of a soil
dispersal component and the highest seasonal water table, a restrictive layer, or soil type seven as
illustrated below by the profile drawing of subsurface soil absorption systems:
Ground surface
,- Geotextile
Subsurface driplirM
IN MEMO% - 01K (drip system tubing)
I VIA R. Iffite
Nam
Vertical separation - Original soil of types 1-6
Gravelless
Technology
Vertical separation - Original soil of types 1-6
, or
Ver
"Very gravelly" means soil containing 35 percent or more, but less than 60 percent, rock fragments by
volume.
"Water supply protection zone" means the land area around each existing or proposed well site to
protect the water supply from contamination. Also known as Sanitary Control Area. See WCC 24.11
"Definitions"
"Water table" means the upper surface of the ground water, whether permanent or seasonal. Also see
"groundwater" as described in this section.
"WCHCS" means the Whatcom County Health and Community Services
"Well" means any excavation that is constructed when the intended use of the well is for the location,
diversion, artificial recharge, observation, monitoring, dewatering or withdrawal of groundwater for
agricultural, municipal, industrial, domestic, or commercial use. The following are not considered a well:
(a) A temporary observation or monitoring well used to determine the depth to a water table
for locating an OSS;
17
pes 1-6
(b) An observation or monitoring well used to measure the effect of an OSS on a water table;
((and))
(c) An interceptor or curtain drain constructed to lower a water table; and
(d) A dewatering well used temporarily for the purpose of a sewage tank or pump chamber
installation.
"Wet season" means the period of year from December 1st through April 30th under precipitation
conditions typical for the region. (Ord. 2008-015 Exh. A; Ord. 2006-056 Exh. A).
24.05.060 Local Rules.
(1) The local health officer shall enforce the requirements of this chapter until the local board of health
adopts local OSS regulations. The local board of health may adopt and enforce local rules governing OSS
when the local regulations are:
(a) Consistent with, and at least as stringent as this chapter; and
(b) Approved by the department prior to the effective date of local regulations.
(2) To apply for department approved loca► OSS regulations a local board of health shall submit the
proposed local regulations to the department.
(3) Within 90 days of receipt of proposed local regulations, the department shall:
(a) Approve the proposed regulations; or
(b) Deny the proposed regulations if the department determines local regulations are not
consistent with this chapter or less stringent than this chapter and provide specific reasons for
the denial.
(4) Upon receipt of department approval, or after 90 days if the department fails to act, the local board
may implement adopted regulations. The local board shall provide a copy of the adopted local
regulations to the department.
(5) If the department denies approval of local regulations, the local board of health may:
(a) Resubmit revised regulations that address the specific reasons for the denial for department
consideration; or
(b) Submit a request to the department to review its denial within 120 days from the date the
local board of health receives the specific reasons for the denial.
(6) Upon receipt of request for review of the department denial, the department shall:
(a) Acknowledge the receipt of the request within 30 days; and
(b) Form a mutually acceptable advisory panel to review the department denial and reach an
agreement within a reasonable time. The panel shall consist of:
(i) One representative from the department;
(ii) One representative from a local health jurisdiction other than that which requested
the review; and
(iii) One member of the TAG.
(7) If good faith efforts to reach an agreement are unsuccessful between the department and a local
board of health, the local board of health may appeal the denial to the Washington state board of health
for resolution.
(8) Nothing in this chapter shall prohibit the adoption and enforcement of more stringent regulations by
a local board of health.
24.05.070 Local management plans.
(1) The local health officer shall develop a written local management plan to provide guidance to
Whatcom County Health & Community Services regarding development and management activities for
all OSS within Whatcom County. The department will review the existing OSS local management plans
for Whatcom County Health & Community Services within two years of the effective date of the rule. If
the department determines a plan revision is necessary upon review, the local health officer shall revise
the local management plan for all OSS within Whatcom County consistent with subsection (2) of this
section.
(2) At a minimum, the local management plan for Whatcom County must specify how the local health
jurisdiction will:
(a) Progressively develop and maintain an inventory including the type and location of all known
OSS in operation within Whatcom County;
(b) Identify any areas where OSS could pose an increased public health risk. The following areas
shall be given priority in this activity:
(i) Shellfish protection districts or shellfish growing areas;
(ii) Sole source aquifers as designated by the EPA;
(iii) Areas in which aquifers used for potable water as designated under the Washington
State Growth Management Act under chapter 36.70A RCW are critically impacted by
recharge;
(iv) Designated wellhead protection areas in Group A public water supplies under
chapter 246-290 WAC;
(v) Up -gradient areas directly influencing water recreation facilities designated for
swimming in natural waters with artificial boundaries within the waters as described by
the Water Recreation Facilities Act under chapter 70.90 RCW;
(vi) Areas designated as special protection areas under WAC 173-200-090;
19
(vii) Wetland areas under production of crops for human consumption;
(vii) Frequently flooded areas including areas delineated by the Federal Emergency
Management Agency or as designated under the Washington State Growth
Management Act under chapter 36.70A RCW;
(ix) Areas where nitrogen has been identified as a contaminant of concern including, but
not limited to, the marine waters of Puget Sound;
(x) Areas where phosphorous has been identified as a contaminant of concern;
(xi) Areas where sea level rise may impact adequate horizontal separations to surface
water; and
(xii) Other areas designated by the local health officer.
(c) Identify operation, maintenance and monitoring requirements commensurate with risks
posed by OSS within the geographic areas identified in (b) of this subsection;
(d) Educate OSS owners about their responsibilities to perform OSS operation and maintenance,
including information for owners to complete any inspection required by WCC 24.05.280:
(i) Facilitating education of homeowners regarding their responsibilities to properly use
and maintain their on -site sewage systems, and provide operation and maintenance
information for all types of systems in use within Whatcom County;
(ii)Remind and encourage homeowners to complete the operation and maintenance
inspections required by this chapter;
(e) Maintain records required under this chapter, including all operation and maintenance
activities as identified;
(f) Enforce OSS owner permit application, operation, monitoring and maintenance and failure
repair requirements in WCC 24.05.160 (2), 24.05.260, 24.05.280, 24.05.290, and
24.05.310;
(g) Describe the capacity of the local health jurisdiction to fund the local management plan,
which includes a summary of program expenditures by activity, source of funds, a strategy to fill
any funding gaps, and the ability to find failing and unknown systems; and
(h) Verify that the local management plan was developed in coordination with the
comprehensive land use plan of the entities governing development within Whatcom County.
(3) The department shall review the local management plan for Puget Sound counties at least once
every five years. If the department determines plan revision is necessary upon review of the local
management plan described in subsection (2) of this section, the department shall notify the local health
officer of their findings.
(4) The local health officer for Puget Sound counties shall:
20
(a) Review and update the local management plan, as necessary, or at least once every five
years;
(b) If after the review the local management plan is updated, provide an opportunity for public
input on the local management plan;
(c) Following local board of health approval, submit the local management plan to the
department for review;
(d) Implement the local management plan; (Ord. 2006-056 Exh. A)
(e) Submit an annual report to the department including all of the following in a format specified
by the department:
(i) Number of OSS;
(ii) Number of unknown OSS identified;
(iii) Number of failures found;
(iv) Number of failures repaired; and
(v) Status of compliance with inspections required by WCC 24.05.280;
(f) Supply a copy of the local management plan to the entities responsible for land use planning
and development regulations in the local health jurisdiction.
(5) In order to implement the plan described in subsections (1) of this section, the local health officer
shall require the owner of the OSS to:
(a) Comply with additional requirements identified in the plan for the location, design, or
performance; and
(b) Comply with the conditions of the operational permit if one is required.
(6) In order to implement the plan described in subsections (1) of this section, the local health officer
may require the owner of the OSS to:
(a) Ensure additional maintenance and monitoring of the OSS;
(b) Provide dedicated easements for inspections, maintenance, and potential future expansion
of the OSS; and
(c) Place a notice to title identifying any additional requirements for OSS operation,
maintenance and monitoring.
(7) The department shall maintain and update guidance and provide technical assistance to assist local
health jurisdictions in local management plan development.
24.05.080 Connection to public sewer system.
21
(1) Upon the failure of an existing OSS within the service area of a sewer utility, the local health officer
shall:
(a) Permit the repair or replacement of the OSS only if a conforming OSS can be designed and
installed, excluding OSS designed in compliance with or proposing to use Table X in WCC
24.05.310; or
(b) Require connection to a public sewer system if the sewer utility allows the connection and
has adequate public sewer services available within 200 feet from where the existing building
drain connects to the existing building sewer, or where no building drain exists, within 200 feet
from where the sewer line begins, as measured along the usual or most feasible route of access.
(2) The owner of a structure served by an OSS permitted as a repair under Table X in WCC
24.05.310 shall abandon the OSS as specified in WCC 24.05.340, and connect the structure to a public
sewer system when:
(a) Connection is deemed necessary to protect public health by the local health officer;
(b) An adequate public sewer becomes available within 200 feet of the existing structure, or in
cases where no building drain exists, within 200 feet from where the sewer for the building
begins, as measured along the usual or most economically feasible route of access; and
(c) The sewer utility allows the sewer connection.
(3) Local boards of health may require a new development to connect to a public sewer system to
protect public health.
(4) Local boards of health shall require new development or a development with a failing OSS to connect
to a public sewer system if it is required by the comprehensive land use plan or development regulations
(Ord. 2006-056 Exh. A).
24.05.090 Sewage technologies.
(1) The department shall maintain standards and guidance for local health officers to permit sewage
treatment and distribution technologies.
(2) Before the local health officer permits sewage technologies, the sewage technologies must be
registered for use as described in this chapter, have standards for use as described or referenced in this
chapter, or have DS&G describing sewage technologies uses as maintained by the department.
(3) The department may remove, restrict, or suspend a proprietary product's approval for use based on
failure to meet required standards or conditions of approval.
24.05.100 Proprietary treatment products — Eligibility for registration.
(1) Manufacturers shall register a proprietary treatment product with the department using the process
described in WAC 246-272A-0120 before a local health officer may permit use of the product.
22
(2) To be eligible for product registration, manufacturers desiring to sell or distribute proprietary
treatment products in Washington state shall:
(a) Verify product performance through testing using the testing protocol established in Table I
of this section;
(b) Report product test results of influent and effluent sampling obtained throughout the testing
period (including normal and stress loading phases) for evaluation of constituent reduction
according to the requirements in Table II of this section;
(c) Demonstrate product performance according to the requirements in Table III of this section.
All 30-day averages and geometric means obtained throughout the test period must meet the
identified threshold values to qualify for registration at that threshold level; and
(d) Verify bacteriological reduction according to WAC 246-272A-0130 for product registration
utilizing bacterial levels BL1, BL2, BL3.
(3) Manufacturers verifying product performance through testing according to the following standards
or protocols shall have product testing conducted by a testing facility accredited by ANSI:
(a) NSF/ANSI Standard 40: Residential Wastewater Treatment Systems;
(b) NSF/ANSI Standard 41: Non -Liquid Saturated Treatment Systems;
(c) NSF Protocol P157 Electrical Incinerating Toilets - Health and Sanitation;
(d) NSF/ANSI Standard 245: Residential Wastewater Treatment Systems - Nitrogen Reduction; or
(e) NSF/ANSI Standard 385: Residential Wastewater Treatment Systems — Disinfection
Mechanics for Bacteriological Reduction described in WAC 246-272A-0130.
(4) Manufacturers verifying product performance through testing according to EPA Method 1664,
Revision B and using a wastewater laboratory certified by the Washington department of ecology shall
provide supporting information, including flow data, and influent and effluent quality sampling results
from a minimum of three installations with similar design loading to demonstrate product performance
to Category 2 standards.
(5) Treatment levels established in Table III of this section are intended to establish treatment product
performance in a product testing setting under established protocols by qualified testing entities. Field
compliance standards for proprietary treatment products shall follow the requirements in WAC 246-
272A-0120(5).
(6) Manufacturers may submit a written request to substitute components of a registered product's
construction in cases of supply chain shortage or similar manufacturing disruptions impacting
installations, operation, or maintenance. The substitution request must include a report stamped,
signed, and dated by a professional engineer demonstrating the substituted component will not
negatively impact performance or diminish the effect of the treatment, operation, and maintenance of
the original registered product. If approved, substitution is authorized until rescinded by the
department.
Table I
23
Testing Requirements for Proprietary Treatment Products
Treatment Component/Sequence Category
Required Testing Protocol
Category 1 Designed to treat septic tank effluent
NSF/ANSI 40—Residential Wastewater Treatment
anticipated to be equal to or less than treatment
Systems versions dated between January 2009 and
level E.
May 31, 2021
Category 2 Designed to treat effluent or sewage
EPA Method 1664, Revision B (February 2010)
with sewage quality parameters anticipated to be
greater than treatment leve► E.
(Such as at restaurants, grocery stores, mini -marts,
group homes, medical clinics, residences, etc.)
Category 3 Black water component of residential
NSF/ANSI Standard 41: Non -Liquid Saturated
sewage (such as composting* and
Treatment Systems Versions dated between
incinerating** toilets).
February 2011 and May 31, 2021)
**NSF Protocol P157 Electrical Incinerating Toilets -
Health and Sanitation (April 2000)
Total Nitrogen Reduction in Categories 1 & 2
NSF/ANSI Standard 245: Residential Wastewater
(Above)
Treatment Systems — Nitrogen Reduction (Versions
dated between January 2018 and May 31, 2021)
Table II
Results Reporting Requirements for Proprietary Treatment Products
atment Component/Sequence
egory Testing Results Reported
ategory 1 Designed to treat septic tank Report the following test results of influent and effluent
ffluent anticipated to be equal to or less sampling obtained throughout the testing period for
ian treatment level E. evaluation of reduction of CBOD52, and TSS:
❑ Average ❑ Standard Deviation
Minimum ❑ Maximum
❑ Median ❑ Interquartile Range
❑ 30-day Average (for each month)
For evaluation of bacteriological reduction performance.
24
Report complete treatment component sequence testing as
described in Table III, Category 1.
For evaluation of performance meeting treatment level BL1:
(1) Report fecal coliform test results of influent and effluent
sampling by geometric mean from samples drawn within 30-
day or monthly calendar periods, obtained from a minimum
of three samples per week throughout the testing period.
e WAC 246-272A-0130.
(2) Report complete testing results for supplemental
bacteriological reduction technologyl when the required
treatment levels for fecal coliform in Table III, Category 1 are
not met by the primary proprietary treatment product.
For evaluation of performance meeting treatment levels BL2
or BL3:
1) Report fecal coliform test results of influent and effluent
ampling by geometric mean from samples drawn within 30-
lay or monthly calendar periods, obtained from a minimum
)f three samples per week throughout the testing period as
escribed in WAC 246-272A-0130; or
2) Report complete testing results for supplemental
acteriological reduction technologyl when the required
-eatment levels for fecal coliform in Table III, Category 1 are
of met by the primary proprietary treatment product.
it all options, test report must also include the individual
sults of all samples drawn throughout the test period.
;ategory 2 Designed to treat effluent or Report all individual test results and full test average values
ewage with sewage quality of influent and effluent sampling obtained throughout the
,arameters anticipated to be greater than testing period for the evaluation of reduction of: CBODS, TSS
reatment level E. and O&G. Establish the treatment capacity of the product
tested in pounds per day for CBODS.
uch as at restaurants, grocery stores,
ini-marts, group homes, medical
inics, atypical residences, etc.)
Category 3 Black water component of Report test results on all required performance criteria
residential sewage (such as composting according to the format prescribed in the NSF test protocol
and incinerating toilets). described in Table I.
25
Total Nitrogen Reduction in Categories 1 Report test results on all required performance criteria
& 2 (Above) according to the format prescribed in the test protocol
described in Table I.
1 Test results for BODS may be submitted in lieu of test results for CBODS. In these cases numerical
values for CBODS will be determined using the following formula: (BODS x 0.83 = CBODS).
2 Supplemental bacteriological reduction technology must be tested for influent/effluent fecal coliform
or E. coli per WAC 246-272A-0130 (bacteriological reduction testing protocol). Supplemental fecal
coliform or E. coli reducing technologies will be rated for log base 10 removal of fecal coliform or E. coli.
The lowest 30-day geometric mean will be used to rate reduction level. The highest monthly geometric
mean for treatment technology fecal coliform or E. coli reduction will be used as the baseline value for
review
Table III
Product Performance Requirements for Proprietary Treatment Products
Treatment
Component/Sequence
Category
Product Performance Requirements
Category 1 Designed to treat
effluent anticipated to be equal to
Treatment
System Performance Testing Levels
or less than treatment level E.
Parameters
Level
CBODS
TSS
O&G
FC
col/100
TN
E. coli
cfu/100
mg/L
mg/L
mg/L
mL
mg/L
mL
A
10
10
--
--
--
--
B
15
15
--
--
--
--
C
25
30
--
--
--
--
131-1
25
30
--
200
--
126
131-2
--
--
--
1,000
--
--
BL3
--
--
--
50,000
--
--
E
228
80
20
--
--
--
26
N
--
--
--
--
30 (or 50% reduction
--
based on mass loading
as required in WAC 246-
272A-0320)
Values for Levels A - D are 30-day values (averages for CBODS, TSS,
and geometric mean for FC.) All 30-day averages throughout the
test period must meet these values in order to be registered at
these levels.
Values for Levels E and N are derived from full test averages.
Category 2 Designed to treat high-
All of the following requirements must be met:
strength sewage when septic tank
effluent is anticipated to be
(1) All full test averages must meet Level E; and
greater than treatment level E.
(2) Establish the treatment capacity of the product tested in pounds
per day for CBODS.
(Such as at restaurants, grocery
stores, mini -marts, group homes,
medical clinics, residences, etc.)
Category 3 Black water component
Test results must meet the performance requirements established
of residential sewage (such as
in the NSF test protocol.
composting and incinerating
toilets).
Total Nitrogen Reduction in
Test results must establish product performance effluent quality
Categories 1 & 2 (Above)
meeting Level N, when presented as the full test average.
24.05.110 Proprietary treatment product registration — Process and requirements.
(1) Manufacturers shall register proprietary treatment products with the department by submitting a
complete registration application for review and approval in the format provided by the department,
including:
(a) Manufacturer's name, mailing address, phone number, email address, and website address;
(b) Contact person's name, title, mailing address, email address, and phone number. The contact
person must be vested with the authority to represent the manufacturer in this capacity;
(c) Name, including specific brand and model, of the proprietary treatment product;
(d) A description of the function of the proprietary treatment product along with any known
limitation on the use of the product;
(e) Product description and technical information, including process flow drawings and
schematics; materials and characteristics; component design specifications; design capacity,
27
volumes and flow assumptions and calculations; components; dimensioned drawings and
photos;
(f) For treatment systems in Category 2, daily capacity of the model or models in pounds per day
of CBODS;
(g) Siting and installation requirements;
(h) Detailed description, procedure and schedule of routine service and system maintenance
events;
(i) Estimated operational costs for the first five years of the treatment component's life. This
must include both estimated annual electricity costs, and routine maintenance costs, including
replacement of parts;
(j) Identification of information subject to protection from disclosure of trade secrets;
(k) Most current dated copies of product brochures and manuals: Sales & Promotional; Design;
Installation; Operation & Maintenance; and Homeowner Instructions;
(1) The most recently available product test protocol dated no earlier than the dates in WAC 246-
272A-0110 Table I and the results report;
(m) A signed and dated certification by the manufacturer's agent specifically including the
following statement, "I certify that I represent (INSERT MANUFACTURING COMPANY NAME) and
I am authorized to prepare or direct the preparation of this application for registration. I attest,
under penalty of law, that this document and all attachments are true, accurate, and complete. I
understand and accept that the product testing results reported with this application for
registration are the parameters and values to be used for determining conformance with
Treatment System Performance Testing Levels established in chapter 246-272A WAC";
(n) A signed and dated certification from the testing entity including the statement, "I certify
that I represent (INSERT TESTING ENTITY NAME), that I am authorized to report the testing
results for this proprietary treatment product. I attest, under penalty of law, that the report
about the test protocol and results is true, accurate, and complete"; and
(o) The fee described in WAC 246-272-2000.
(2) Products within a single series or model line, sharing distinct similarities in design, materials, and
capacities, may be registered under a single application, consistent with the provisions of their test
protocol for the certification of other products within a product series. Products outside of the series or
model line must be registered under separate applications.
(3) Upon receipt of a registration application the department shall:
(a) Verify that the application is complete including dated and current copies of all of the
required manuals; and
(b) If approved, place the product on the department's list of registered on -site treatment and
distribution products.
WV
(4) All registrations are valid for up to one year, expiring on December 31st of each year. Fees are not
prorated.
(5) In order to renew a proprietary treatment product technology registration, a manufacturer shall:
(a) Apply for renewal of product registration using the format provided by the department;
(b) Submit any of the following applicable reports:
(i) A retesting report from the testing entity according to the protocol required for
registration as identified in this section;
(ii) A field verification performance report as identified in the proprietary products
DS&G, dated the effective date of the rule. If field performance results demonstrate that
the product has failed to meet the requirements in the DS&G, the manufacturer shall
report to the department describing the reasons for the failure to meet the
requirements consistent with the DS&G;
(c) Provide an attestation to the department verifying whether or not the product has changed
over the previous year. If the product has changed, the attestation must also include a full
description of the changes. If the product has changed in a way that affects performance, the
product may not be renewed and shall meet the requirements for initial registration;
(d) Provide a statement that all required dated manuals are current, or submit the updated and
dated new manuals; and
(e) Submit the fee established in WAC 246-272-2000.
(6) As part of product registration renewal, the department shall:
(a) Request field assessment comments from local health officers no later than October 31st of
each year. These comments may include concerns about a variety of field assessment issues,
including:
(i) Product function, including verification of field performance testing as identified in
the DS&G;
(ii) Product reliability; and
(iii) Problems arising with operation and maintenance;
(b) Discuss with the TAG any field assessment information that may impact product registration
renewal;
(c) Notify the manufacturer of any product to be discussed with the TAG, prior to discussion
with the TAG, regarding the nature of comments received;
(d) Renew the product registration unless:
(i) The manufacturer of a product does not apply for renewal; or
Wei
(ii) The department, after deliberation with the TAG, concludes product registration
renewal should not be given or should be delayed until the manufacturer submits
information that satisfactorily answers concerns and issues; and
(e) Provide a compliance plan to the manufacturer within 90 days based on departmental
concerns of public health risk related to the product.
(7) The department shall maintain a list of proprietary treatment products meeting the registration
requirements established in this chapter. The product registration is a condition of approval for use.
(8) Manufacturers shall have readily accessible product information for designers, regulators,
OSS owners and other interested parties posted on the manufacturer's website including the most
current dated version of:
(a) Product manuals;
(b) Design instructions;
(c) Installation instructions;
(d) Operation and maintenance;
(e) Owner instructions; and
(f) How to locate a list of representatives and manufacturer certified maintenance service
providers, if any.
24.05.120 Bacteriological reduction.
This section establishes the requirements for registering bacteriological reduction processes.
(1) Manufacturers shall, for the purpose of product registration as described in WAC 246-272A-0110 and
246-272A-0120:
(a) For meeting treatment levels BL1 verify bacteriological reduction performance by sampling
for fecal coliform or E. coli.
(b) For meeting treatment level BL2 or BL3, verify bacteriological reduction performance by
sampling for fecal coliform.
(2) All test data submitted for product registration shall be produced by an ANSI accredited, third -party
testing and certification organization whose accreditation is specific to on -site wastewater treatment
products. Bacteriological reduction performance must be determined either:
(a) According to the procedures in NSF/ANSI Standard 385 for supplemental bacteriological
reduction; or
(b) Concurrent with testing protocol. The treatment product or treatment component sequence
testing according to the NSF/ANSI Standard 40 testing protocol.
30
(3) Testing under subsection (2)(b) of this section shall be completed in compliance with the following
requirements:
(a) Collect samples from both the influent and effluent streams, identifying the treatment
performance achieved by the full treatment process, component or sequence;
(b) Obtain influent characteristics falling within a range of 104 - 108 fecal coliform/100 mL or
102 - 106E. coli/100 mL calculated as 30-day geometric means during the test;
(c) Test the influent to any disinfection unit and report the following at each occasion of
sampling performed in (d) of this subsection:
(i) Flow rate;
(ii) pH;
(iii) Temperature;
(iv) Turbidity; and
(v) Color;
(d) Obtain samples for fecal coliform or E. coli analysis during both the design loading and stress
loading periods identified by NSF/ANSI Standard 40. Grab samples shall be collected from both
the influent and effluent on three separate days of the week. Each set of influent and effluent
grab samples must be taken from a different dosing time frame, either morning, afternoon, or
evening, so that samples have been taken from each dosing time frame by the end of the week;
(e) Conduct analyses according to standard methods;
(f) Report the geometric mean of fecal coliform or E. coli test results from all samples taken
within 30-day or monthly calendar periods;
(g) Report the individual results of all samples taken throughout the test period design and
stress loading; and
(h) Report all maintenance and servicing conducted during the testing period, including for
example, instances of cleaning a UV lamp, or replenishment of chlorine chemicals.
(4) Manufacturers may register products in treatment levels BL1 and 131.2 using disinfection.
(5) Manufacturers may not register products for treatment level 131-3 using disinfection.
24.05.130 Proprietary distribution products — Certification requirements.
(1) Proprietary distribution products, including gravelless distribution products and subsurface dripline
products, must be registered with the department before permitting, sale, and use. To be eligible for
registration as described in WAC 246-272A-0145, products must first be certified as described in this
section.
(2) To be certified, proprietary gravelless distribution products shall:
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(a) Be constructed or manufactured from materials that are non -decaying and non -deteriorating
and do not leach chemicals when exposed to sewage and the subsurface soil environment;
(b) Provide liquid storage volume at least equal to the storage volume provided within the
30 percent void space in a 12-inch layer of drainrock in a drainrock-filled distribution system.
This storage volume must be established by the gravelless distribution products, OSS design and
installation and must be maintained for the life of the OSS. This requirement may be met on a
lineal -foot, or on an overall system design basis;
(c) Provide effluent distribution to the infiltrative surface at the soil interface; and
(d) Maintain the integrity of the trench or bed. The material used, by its nature and its
manufacturer -prescribed installation procedure, must withstand the physical forces of the soil
sidewalls, soil backfill and the weight of equipment used in the backfilling.
(3) Proprietary subsurface dripline products shall:
(a) Be warranted by the manufacturer for use with sewage and for resistance to root intrusion;
(b) Incorporate emitters with a maximum nominal rated discharge of 1.3 gallons per hour.
Emitter discharge rate may be controlled either by use of pressure -compensating emitters or
with a pressure regulator; and
(c) Be color -coded purple to identify that the pipe contains nonpotable water from a sewage
source.
(4) To be certified by the department, the manufacturer must submit:
(a) A signed and dated statement by the manufacturer's agent specifically including the
following statement, "I certify that I represent (INSERT MANUFACTURING COMPANY NAME) and
I am authorized to prepare or direct the preparation of this application for product registration. I
attest, under penalty of law, that this document and all attachments, are true, accurate, and
complete."
(b) A signed and dated statement from the licensed professional engineer including the
statement, "I certify that I represent (INSERT PROFESSIONAL ENGINEERING FIRM NAME), that I
am authorized to certify the performance characteristics for the proprietary distribution product
presented in this application. I attest, under penalty of law, that the technology report is true,
accurate, and complete."
24.05.140 Proprietary distribution product registration — Process and requirements.
(1) Manufacturers shall register their proprietary distribution products with the department by
submitting a complete application for review and approval in the format provided by the department,
including:
(a) Manufacturer's name, mailing address, phone number, email address, and website address;
32
(b) Contact person's name, title, mailing address, email address, and phone number. The contact
person must be vested with the authority to represent the agent of the manufacturer in this
capacity;
(c) Name, including specific brand and model, of the proprietary distribution product;
(d) A description of the function of the proprietary distribution product along with any known
limitations on the use of the product;
(e) Product description and technical information, including schematics; materials and
characteristics; component design specifications; design capacity, volumes and flow
assumptions and calculations; components; dimensioned drawings and photos;
(f) Siting and installation requirements;
(g) Detailed description, procedure and schedule of routine service and system maintenance
events;
(h) Identification of information subject to protection from disclosure of trade secrets;
(i) Most current, dated copies of product brochures and manuals: Sales & Promotional; Design;
Installation; Operation & Maintenance; and Owner Instructions;
(j) For gravelless chamber systems a quantitative description of the actual exposed trench -
bottom infiltrative surface area for each model seeking registration;
(k) A statement from a professional engineer that certifies the technology meets the standards
established in WAC 246-272A-0140;
(1) The fee established in WAC 246-272-2000.
(2) Products within a single series or model line, sharing distinct similarities in design, materials, and
capacities, may be registered under a single application. Products outside of the series or model line
must be registered under separate applications.
(3) Upon receipt of an application the department shall:
(a) Verify that the application is complete, including dated and current copies of all required
manuals; and
(b) If approved, place the product on the list of registered on -site treatment and distribution
products.
(4) All registrations are valid for up to one year, expiring on December 31st of each year. Required fees
are not prorated.
(5) In order to renew a proprietary distribution product registration, a manufacturer shall:
(a) Apply for renewal of product registration using the form or in the format provided by the
department;
33
(b) Provide an attestation to the department verifying whether or not the product has changed
over the previous year. If the product has changed, the attestation must also include a full
description of the changes. If the product has changed in a way that affects performance, the
product may not be renewed and shall meet the requirements of initial registration;
(c) Provide a statement that all required dated manuals are current, or submit the updated and
dated new manuals; and
(d) Submit the fee established in WAC 246-272-2000.
(6) As part of product registration renewal, the department will:
(a) Request field assessment comments from local health officers before November 1st of each
year. These comments may include concerns about a variety of field assessment issues,
including product function, product reliability, and problems arising with operation and
maintenance;
(b) Discuss with the TAG any field assessment information that may impact product registration
renewal;
(c) Notify the manufacturer of any product to be discussed with the TAG, prior to discussion
with the TAG, regarding the nature of comments received;
(d) Renew the product registration unless:
(i) The manufacturer of a product does not apply for renewal; or
(ii) The department, after deliberation with the TAG, concludes product registration
renewal should not be given or should be delayed until the manufacturer submits
information that satisfactorily answers concerns and issues; and
(e) Provide a compliance plan to the manufacturer within 90 days based on departmental
concerns of public health risk related to the product.
(7) The department shall maintain a list of proprietary distribution products meeting the registration
requirements established in this chapter. The product registration is a condition of approval for use.
(S) Manufacturers shall have readily accessible product information for designers, regulators,
OSS owners and other interested parties posted on the manufacturer's website including the most
current dated version of:
(a) Product manuals;
(b) Design instructions;
(c) Installation instructions;
(d) Operation and maintenance;
(e) Owner instructions; and
34
(f) How to locate a list of representatives and manufacturer certified maintenance service
providers, if any.
24.05.150 Product development permits.
The health officer may issue a product development permit (PDP) for any single component or sequence
in accordance with WAC 246-272A-0170. (Ord. 2006-056 Exh. A).
24.05.160 Permit requirements.
(1) A permit is not required for a minor repair. The local health officer may require the owner to submit
information regarding any activities defined as a minor repair for recordkeeping purposes.
(2) Except for a minor repair, a person proposing the installation, repair, modification, connection to, or
expansion of an OSS, shall submit an application and obtain a permit from the local health officer prior
to beginning construction. The permit application must include the following:
(a) General information including:
(i) Name and address of the property owner and the applicant at the head of each page
of submission;
(ii) Parcel number, property ID and if available, the address and site ID;
(iii) Source of drinking water supply;
(iv) Identification if the property is within the boundaries of a recognized sewer utility;
(v) Size of the parcel;
(vi) Type of permit for which application is being made. For example, new installation,
repair, expansion, modification, operational, as built or tank only
(vii) A permitted drainfield
(viii) Source of sewage. For example, residential, restaurant, or other type of business;
(ix) Location of utilities;
(x) Name of the site evaluator, designer or professional engineer;
(xi) Name, signature, stamp of the designer or professional engineer, and date
paperwork was stamped adjacent to stamp;
(xii) Date of application;
(xiii) Name and signature of the fee simple owner, the contract purchaser of the
property or the owner's authorized agent.
(b) The soil and site evaluation as specified under WCC 24.05.180;
35
(c) A dimensioned site plan of the proposed initial OSS, the reserve area and those areas
immediately adjacent that contain characteristics impacting design including:
(i) Designated areas for the proposed initial OSS and the reserve area;
(ii) The location of all soil logs and other soil tests for the OSS;
(iii) General topography, percent slope and direction;
(iv) Drainage characteristics;
(v) Horizontal separations as noted in Table IV in WCC 24.05.170;
(vi) The location of existing and proposed encumbrances affecting OSS placement,
including legal access documents if any component of the OSS is not on the lot where
the sewage is generated;
(vii) An arrow indicating north;
(viii) A legend of symbols used;
(ix) Plan scale and a graphic scale bar;
(x) Vertical datum used (such as "assumed," "North American Vertical Datum of 1988
(NAVD 88)," "National Shoreline Reference Station (NSRS)," or "unknown");
(xi) An elevation benchmark and relative elevations of system components;
(xii) Name, signature, stamp, and contact information of the designer; and
(xiii) A statement on limitation of use indicating the site plan is not a survey.
(xiv) Existing and proposed well with 50'and 100' radius;
(xv) Properly decommissioned well with 10' radius (the designer shall submit a
"decommissioned water well report" provided by a licensed well driller which verifies
that appropriate decommissioning procedures noted in Chapter 173-160 WAC were
followed);
(xvi) Existing or proposed water meter and lines;
(xvii) Surface water and/or known wetland buffers as shown by approved/valid wetland
delineation.
(xviii) Include horizontal setback measurements between OSS components and
foundations/footing drains.
(xix) Include all proposed and existing building footprint dimensions (square footage),
impervious surfaces, and any other site feature that may impact minimum land use.
(xx) Dimensioned drainfields in % foot increments.
(d) A detailed OSS design meeting the requirements under WCC 24.05.190, 24.05.200,
24.05.220, and 24.05.230 including:
W.
(i) A drawing showing the dimensioned location of components of the proposed OSS,
and the system designed for the reserve area if reserve site characteristics differ
significantly from the initial area;
(ii) Vertical cross-section drawings showing:
(A) The depth of the soil dispersal component, the vertical separation, and
depth of cover material; and
(B) Other new and existing OSS components constructed at the site;
(C) Pump and float elevations.
(iii) Calculations (showing work) and assumptions supporting the proposed design,
including:
(A) System operating capacity and design flow;
(B) Soil type;
(C) Hydraulic loading rate in the soil dispersal component;
(D) Waste Strength for non-residential developments;
(E) Pump specifications (TDH & GPM);
(F) Pump curve;
(G) Proprietary Treatment Product manufacturer worksheet.
(iv) All tank(s) x-sections and all components labeled within:
(A) Septic Tank (i.e. outlet filter);
(B) Pump Tank (i.e. pump and float(s) elevations;
(C) Proprietary Treatment Product Tank(s) (as allowed by manufacturer).
(e) Any additional information as deemed necessary by the local health officer.
(3) The local health officer may develop the information required in subsection (2) of this section if
authorized by local rules.
(4) The local health officer shall:
(a) Respond to an application within 30 days as required in RCW 70.05.074;
(b) Permit only public domain treatment technologies that are described in this chapter or in a
current DS&G;
(c) Permit only proprietary products that are registered by the department;
(d) Issue a permit when the information submitted under subsection (2) of this section meets
the requirements contained in this chapter and in local rules;
37
(e) Identify the permit as a new installation, repair, expansion, modification, operational permit
or tank only;
(f) A permit expires in four years from the issue date. It can be renewed for one more year after
it expires, but the renewal must be approved by the health officer.
(g) Include a reminder on the permit application of the applicant's right of appeal; and
(h) If requiring an operational permit, state the period of validity and the date and conditions of
renewal including any required field compliance.
(i) An application shall expire 1 year from submission or subsequent revision, if no action has
been taken by applicant or designer of record to provide necessary information for WCHCS to
make a decision.
(5) The local health officer may revoke or deny a permit for just cause. Examples include, but are not
limited to:
(a) Construction or continued use of an OSS that threatens public health;
(b) Misrepresentation or concealment of material fact in information submitted to the local
health officer; or
(c) Noncompliance with the conditions of the permit, this chapter or any local rules.
(6) An applicant for a permit to install an OSS serving more than one development must submit an
application that proves the OSS (exemption may be allowed for primary dwelling and ADU):
(a) Is owned or managed in perpetuity by a public entity;
(b) Is described in a separate writing including, but not limited to, an easement, covenant,
contract, or other legal document authorizing access for construction, operation maintenance,
and repair; and
(c) If owned privately, it is adequately financed.
(7) The local health officer shall not delegate the authority to issue permits.
(8) The local health officer may stipulate additional requirements for a particular permit if necessary to
protect public health.
(9) The health officer shall notify any sewer district, water district or city in which the development or
premises is to be located, a copy of the application for new construction or repair. The permit shall not
be issued for at least 15 calendar days in order that the district or city be given the opportunity to
provide public sewer services. Upon notice by the district or city that they have no objection to issuance
of permit, it may be issued before the 15-day waiting period.
(10) After the permit is issued, any alteration of the approved design shall be approved by the health
officer in writing prior to the OSS installation. (Ord. 2006-056 Exh. A).
W
24.05.170 Location.
1. OSS shall be designed and installed to meet at least the minimum horizontal separations shown in
Table IV:
Table IV
Minimum Horizontal Separations
From edge of soil
dispersal
From sewage
From building sewer,
component and
tank and
and nonperforated
Items Requiring Setback
reserve area
distribution box
distribution pipe
Well
100 ft.
50 ft.
50 ft.
Public drinking water well
100 ft.
100 ft.
100 ft.
Nonpublic drinking water well
100 ft.
50 ft.
50 ft.
Public drinking water spring or surface
200 ft.
200 ft.
100 ft.
water measured from the ordinary high-
water mark
Nonpublic drinking water spring or surface
100 ft.
50 ft.
50 ft.
water measured from the ordinary high-
water markl
Nonpublic, in -ground, drinking water
20 ft.
10 ft.
10 ft.
containment vesse13
Pressurized water supply line or easement
10 ft.
10 ft.
10 ft.
for water supply line
Closed geothermal 1oop4 or pressurized
10 ft.
10 ft.
10 ft.
nonpotable water line
Decommissioned well (decommissioned in
10 ft.
N/A
N/A
accordance with chapter 173-160 WAC)
Surface water measured from the ordinary
100 ft.
50 ft.
10 ft.
high-water mark
Building foundation/in-ground swimming
10 ft.
5 ft.
2 ft.
pool
Property or easement line
5 ft.
5 ft.
N/A
Lined' stormwater detention pond6
39
Down -gradient':
30 ft.
N/A
N/A
Up -gradient':
10 ft.
N/A
N/A
Unlined'stormwater infiltration pond6 (up
100 ft.
50 ft.
10 ft.
or down -gradient)'
Irrigation canal or irrigation pond (up or
100 ft.
50 ft.
10 ft.
down -gradient)
Interceptor/curtain drains/foundation
drains/drainage ditches
Down -gradient':
30 ft.
5 ft.
N/A
Up-gradient2:
10 ft.
N/A
N/A
Subsurface stormwater infiltration or
dispersion component6
Down-gradient7:
30 ft.
10 ft.
N/A
Up-gradient7:
30 ft.
10 ft.
N/A
Other site features that may allow effluent
to surface
Down-gradient2:
30 ft.
5 ft.
N/A
Up-gradient2:
10 ft.
N/A
N/A
Down -gradient cuts or banks with at least 5
25 ft.
N/A
N/A
ft. of original, undisturbed soil above a
restrictive layer due to a structural or
textural change
Down -gradient cuts or banks with less than
50 ft.
N/A
N/A
5 ft. of original, undisturbed soil above a
restrictive layer due to a structural or
textural change
Soil dispersal components serving a
10 ft.
N/A
N/A
separate OSS
1 If surface water is used as a public drinking water supply, the designer shall locate the OSS outside of the required source water protection
area.
2 The item is down -gradient when liquid will flow toward it upon encountering a water table or a restrictive layer. The item is up -gradient when
liquid
will flow away from it upon encountering a water table or restrictive layer.
3 Any in -ground containment vessel used to store drinking water.
4 A network of underground piping carrying fluid under pressure used to heat and cool a structure.
40
5 lined means any component that has the intended function of detaining the stormwater with no intention of dispersal into surrounding soil.
6 OSS components take precedence in cases of horizontal setback conflicts between OSS and stormwater components.
7 Down -gradient means that subsurface water flows toward and is usually located lower in elevation. Up -gradient means subsurface water
does not
flow toward and generally flat, or flows away from and generally located higher in elevation.
8 Unlined means any component that has the ability to or intended function of infiltrating the stormwater.
(2) When conditions indicate a greater potential for contamination or pollution, the local health officer
may increase the minimum horizontal separations. Examples of such conditions include, but are not
limited to, excessively permeable soils, unconfined aquifers, shallow or saturated soils, dug wells, and
improperly abandoned wells.
(3) The local health officer may allow a reduced horizontal separation to not less than two
feet from where the property line, easement line, or building foundation is up -gradient.
(4) The local health officer may require an applicant to demonstrate the OSS meets (a), (b), or (c) of this
subsection when determining if a horizontal separation to a minimum of 75 feet between an OSS
dispersal component and a water well, spring, or surface water that is not a public water source is
allowed:
(a) Adequate protective site -specific conditions, such as physical settings with low
hydrogeologic susceptibility from contaminant infiltration. Examples of such conditions include
evidence of confining layers, an aquatard that separates potable water from the OSS treatment
zone, excessive depth to groundwater, down -gradient contaminant source, or outside the zone
of influence; or
(b) Design and proper operation of an OSS with enhanced treatment performance beyond that
accomplished by meeting the vertical separation and effluent distribution requirements
described in Table VI in WCC 24.05.190; or
(c) Evidence the OSS satisfies the requirements of (a) and (b) of this subsection.
(5) Persons shall design or install a soil dispersal component only if:
(a) The slope is less than 45 percent or 24 degrees;
(b) The area is not subject to:
(i) Encroachment by buildings or construction such as placement of power poles and
underground utilities;
(ii) Cover by impervious material;
(iii) Vehicular traffic; or
(iv) Other activities adversely affecting the soil or the performance of the OSS.
(c) Sufficient reserve area for replacement exists to treat and dispose one hundred percent of
the design flow;
(d) The land is stable; and
(e) Surface drainage is directed away from the site.
41
(6) The local health officer may approve a sewer transport line within ten feet of a water supply line if
the sewer line is constructed in accordance with section C1-9.1 of the department of ecology's "Criteria
For Sewage Works Design," 2008. (Ord. 2006-056 Exh. A).
24.05.180 Soil and site evaluation.
(1) Only professional engineers, designers, or local health officers may perform soil and site evaluations.
Soil scientists may only perform soil evaluations.
(2) The person evaluating the soil and site shall:
(a) Report:
(i) A sufficient number of soil logs to evaluate conditions within:
(A) The initial soil dispersal component; and
(B) The reserve area.
(ii) The groundwater conditions, the date of the observation, and the probable
maximum height;
(iii) The topography (contour lines or percent slope and direction) of the proposed initial
OSS, the reserve area, and those areas immediately adjacent that contain characteristics
impacting the design;
(iv) The drainage characteristics of the proposed initial OSS, the reserve area and those
areas immediately adjacent that contain characteristics impacting the design;
(v) The existence of structurally deficient soils subject to major wind or water erosion
events such as slide zones and dunes;
(vi) The existence of designated flood plains;
(vii) Other areas identified in the local management plan required in WCC 24.05.070;
and
(viii) The location of existing features affecting OSS placement, such as, but not limited
to:
(A) Wells;
(B) Water sources and supply lines;
(C) Surface water and stormwater infiltration areas;
(D) Abandoned wells;
(E) Outcrops of bedrock and restrictive layers;
(F) Buildings. If the building is unknown, included drain field setback lines for
building foundations (include minimum up -gradient and down -gradient
M
horizontal setback lines between OSS components and building
fountain/foundation drains),
(G) Property lines and lines of easement;
(H) Interceptors such as footing drains, curtain drains, drainage ditches and roof
drain conveyance pipes;
(1) Cuts, banks, and fills; percent slope for cuts, banks or fills (include minimum
horizontal setback line).
(J) Driveways and parking areas;
(K) Existing OSS; and
(L) Underground utilities;
(b) Use the soil and site evaluation procedures and terminology in accordance with Chapter 5 of
the On -site Wastewater Treatment Systems Manual, EPA 625/R-00/008, February 2002 except
where modified by, or in conflict with, this chapter;
(c) Use the soil names and particle size limits of the United States Department of Agriculture
Natural Resources 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 or laboratory
procedures such as particle size analysis; and
(e) Classify the soil as in Table V:
Table V
Soil Type Descriptions
Soil Type
Soil Textural Classifications
1
Gravelly and very gravelly coarse
sands, all extremely gravelly soils
excluding those with soil types 5
and 6 as the non -gravel
portion, and all soil types with
greater than or equal to 90% rock
fragments.
2
Coarse sands.
3
Medium sands, loamy coarse
sands, loamy medium sands.
4
Fine sands, loamy fine sands, sandy
loams, loams.
43
/ery fine sands, loamy very fine
;ands; or silt foams, sandy clay
oams, clay loams and silty clay
oams with a moderate or strong
;tructure (excluding platy
;tructure).
Other silt loams, sandy clay loams,
clay loams, silty clay loams.
7 Sandy clay, clay, silty clay, strongly
cemented or firm soils, soil with a
Unsuitable moderate or strong platy structure,
for any soil with a massive structure,
treatment or any soil with appreciable amounts
dispersal of expanding clays.
(3) The owner of the property or the owner's agent shall:
(a) Prepare the soil log excavation to:
(i) Allow examination of the soil profile in its original position by:
(A) Excavating pits of sufficient dimensions to enable observation of soil
characteristics by visual and tactile means to a depth three feet deeper than the
anticipated infiltrative surface at the bottom of the soil dispersal component; or
(B) Stopping at a shallower depth if a water table or restrictive layer is
encountered;
(ii) Allow determination of the soil's texture, structure, color, bulk density or
compaction, water absorption capabilities or permeability, and elevation of the highest
seasonal water table; and
(b) Assume responsibility for constructing and maintaining the soil log excavation in a manner to
prevent injury as required by chapter 296-155 WAC:
(i) Placing excavated soil no closer than two feet of the excavation;
(ii) Providing a ladder, earth ramp or steps for safe egress to a depth of four feet, then
scoop out a portion from the floor to gain the additional two -foot depth necessary to
observe the six feet of soil face; however, the scooped portion is not to be entered;
(iii) Provide a physical warning barrier around the excavation's perimeter; and
(iv) Fill the excavation after the health officer has made a decision on the application.
(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;
(b) May require water table measurements to be recorded during months of probable high-
water table conditions, if insufficient information is available to determine the highest seasonal
water table;
(c) May require any other soil and site information affecting location, design, or installation;
(d) May reduce the required number of soil logs for OSS serving a single-family residence if
adequate soils information has previously been developed; and (Ord. 2006-056 Exh. A).
(e) May require another site and soil evaluation if the site has been altered since the initial site
and soil evaluation was submitted to the local health officer.
(f) Shall require primary drainfield area must be staked for design review. Reserve drainfield
area staking may be required by the health officer as needed.
24.05.190 Design requirements - General.
(1) OSS must only be designed by professional engineers, licensed under Chapter 18.43 RCW or OSS
designers, licensed under Chapter 18.210 RCW, except:
(a) If at the discretion of the local health officer, a resident owner of a single-family residence
not within 200 feet of a marine shoreline is allowed to design a conventional gravity OSS for the
residence; or
(b) If the local health officer performs the soil and site evaluation, the health officer may design
the OSS.
(2) The designer shall use the following criteria when developing a design for an OSS:
(a) All the sewage from the building served is directed to the OSS;
(b) Sewage tanks are in compliance with chapter 246-272C WAC;
(c) Drainage from the surface, footing drains, roof drains, subsurface stormwater infiltration
systems and other non -sewage drains is prevented from entering the OSS, the area where the
OSS is located and the reserve area;
(d) The OSS is designed to treat and disperse the sewage volume as follows:
(i) For single-family residences:
(A) The operating capacity is based on 45 gpd per capita with two people per
bedroom;
(B) The minimum design flow per bedroom per day is the operating capacity of
90 gallons multiplied by 1.33 to account for a 33 percent surge capacity. This
results in a minimum design flow of 120 gallons per bedroom per day;
45
(C) The local health officer may require a factor greater than 33 percent to
account for surge capacity;
(D) The minimum design flow of the OSS is 240 gpd; and
(E) The local health officer may require an increase of the design flow for
dwellings with anticipated greater flows, such as larger dwellings; or
(ii) For single-family residences with one additional dwelling served by the same OSS;
(A) All requirements in (d)(i) of this subsection apply;
(B) The minimum design flow for one additional dwelling is 120 gallons per
bedroom; and
(C) The local health officer may require an increase of the design flow for
dwellings with anticipated greater flows; or
(iii) For three or more dwellings served by the same OSS:
(A) All requirements in (d)(i) of this subsection apply;
(B) The minimum design flow for the first dwelling is 240 gallons per day;
(C) The minimum design flow for each additional dwelling is 120 gallons per
bedroom;
(D) The local health officer may require an increase of the design flow for
dwellings with anticipated greater flows; and
(E) The local health officer shall require documentation including, but not
limited to, an easement, covenant, contract, or other legal document
authorizing access for construction, operation, maintenance, and repair; or
(iv) For other facilities, the design flows noted in "On -site Wastewater Treatment
Systems Manual," USEPA, EPA-625/R-00/008, February 2002 must be used. Sewage
flows from other sources of information may be used in determining system design
flows if they incorporate both an operating capacity and a surge capacity;
(e) The OSS is designed to address sewage quality as follows:
(i) For all systems, the designer shall consider:
(A) CBODS, TSS, and 0&G;
(B) Other parameters that can adversely affect treatment anywhere along the
treatment component sequence. Examples include pH, temperature, and
dissolved oxygen;
(C) The sensitivity of the site where the OSS will be installed. Examples include
areas where fecal coliform constituents can result in public health concerns,
46
such as shellfish growing areas, designated swimming areas, and other areas
identified by the local management plan required in WCC 24.05.070;
(D) Nitrogen contributions. Where nitrogen has been identified as a
contaminant of concern by the local management plan required in WCC
24.05.070, it must be addressed through lot size, treatment, or both.
(ii) For OSS treating sewage from a nonresidential source, the designer shall provide the
following information showing:
(A) The sewage is not industrial wastewater;
(B) The sewage effluent quality and identifying chemicals found in the sewage
effluent are not found in sewage effluent from a residential source; and
(C) A site -specific design providing the necessary treatment equaling required
treatment of sewage effluent quality from a residential source;
(f) The vertical separation used to establish the treatment levels and application rates. The
selected vertical separation must be used consistently throughout the design process; and
(g) Treatment levels:
(i) Requirements for matching treatment component and method of distribution with
soil conditions of the soil dispersal component are listed in Table VI of this section. The
treatment levels correspond with those established for treatment components under
the product performance testing requirements in Table III of WCC 24.05.100. The
method of distribution applies to the soil dispersal component.
(ii) Disinfection may not be used:
(A) To achieve BL1 or BL2 in type 1 soils; or
EM
Table VI
Treatment Component Performance Levels and Method of Distribution'
Vertical Soil Type
Separation
in inches 1 2 3-6
12<18 A&BL1 B&BL2 B&BL2
pressure pressure with pressure with
with timed dosing timed dosing
timed
dosing
47
1 The treatment componen
>18<24
B&BL2
C&BL3
C&BL3
pressure
pressure with
pressure with
with
timed dosing
timed dosing
timed
dosing
>24 < 36
B & BL2
C & 131-3
E
pressure
pressure with
pressure with
with
timed dosing
timed dosing
timed
dosing
>36 < 60
B & BL2
E
E
pressure
Pressure with
gravity
with
timed dosing
timed
dosing
>60
C & 131-2
E
E
Pressure
gravity
gravity
with
timed
dosing
t nerformance levels correspond with those establ
components under the product testing requirements in WAC 246-272A-0110.
ished for treatment
(3) The coarsest textured soil within the vertical separation selected by the designer determines the
minimum treatment level and method of distribution.
(4) The local health officer shall not approve designs for:
(a) Cesspools; or
(b) Seepage pits.
(5) The local health officer may approve a design for the reserve area different from the design
approved for the initial OSS, if both designs meet the requirements of this chapter for new construction.
(6) Designs must conform to and include the following: The drawing paper size shall be 8 1/2 inches by
11 inches up to a maximum paper size of 11 inches x 17 inches and a scale of one inch equals 20 feet, 30
feet or 40 feet. On larger parcels, a scale may be used up to one inch equals 60 feet for the project;
provided, that an inset of the OSS is shown at one inch equals 20 feet, 30 feet or 40 feet; and
(a) the inset's distances to at least two intersecting property lines are labeled; and
.•
(b) the inset's distance to major setback distances are labeled (i.e., wells, creeks, lakes, etc.).
Very large parcels may show remaining site features up to one inch equals 100 feet scale.
(c) Shall require all pages of OSS application/design be numbered.
24.05.200 Design requirements — Septic Tank Sizing.
Septic tanks must:
(1) Have at least two compartments with the first compartment liquid volume equal to one-half to two-
thirds of the total liquid volume. This standard may be met by one tank with two compartments or by
two single compartment tanks in series.
(2) Have the following minimum liquid volumes:
(a) For a single-family residence use Table VII:
Table VII
Required Minimum Liquid Volumes of Septic Tanks
Number of Bedrooms
Required Minimum
Liquid Tank Volume in Gallons
<4
1,000
Each additional bedroom
250
(b) For OSS treating sewage from a residential source, other than one single-family residence,
250 gallons per bedroom with a minimum of 1,000 gallons;
(c) For OSS treating sewage from a nonresidential source, three times the design flow.
(d) Be equipped with an approved effluent filter unless excluded by requirements of a
proprietary treatment design .
(e) Be designed with protection against floatation and ground water intrusion in high ground
water areas.
(3) Comply with chapter 246-272C WAC.
24.05.23.0 Design requirements —Pump chambers.
(1) All pump chambers, except pump basins, must be designed to meet the following requirements:
(a) Have a minimum volume of 1,000 gallons;
i•
(b) Provide an internal volume to account for the design flow, full-time pump submergence,
space for sludge accumulation below the pump inlet and emergency storage volume of at least
75 percent of the design flow;
(c) Follow any applicable DS&G or proprietary product design manual for all OSS components
included in the pump chamber; and
(d) Comply with chapter 246-272C WAC.
(2) For the purposes of this section, "pump basin" means a watertight receptacle that contains a pump
to convey sewage from a limited use area that is separate from the main wastewater sewer pipe leaving
a structure, to the main treatment component of an OSS; typically much smaller than a pump chamber
and separate from the main sewer pipe due to elevation restrictions. Pump basins are intended for
limited, specialized uses, and not intended as a replacement or substitute for a pump chamber. Pump
basins must be in compliance with chapter 246-272C WAC.
(3) Be designed with protection against floatation, ground water intrusion, and surface water inflow in
high ground water areas; and
24.05.220 Design requirements —Soil dispersal components.
(1) All soil dispersal components, except one using a subsurface dripline product, must be designed to
meet the following requirements:
(a) Maximum hydraulic loading rates described in Table VIII.
Table VIII
Maximum Hydraulic Loading Rate
Column A
Column B
Loading Rate for Residential
Loading Rate for
Effluent Meeting Treatment
Residential Septic
Level C & BL3 or Higher
Tank Effluent Using Gravity
Effluent Quality Using
or Pressure Distribution
Pressure Distribution
Soil
Type
Soil Textural Classification Description
gal./sq. ft./day
gal./sq. ft./day
1
Gravelly and very gravelly coarse sands,
1.0
1.2
all extremely gravelly soils
excluding those with soil types 5 & 6 as
the non -gravel portion, all soil types with
greater than or equal to 90% rock
fragments.
50
2
Coarse sands. 1
1.0
1.2
3
Medium sands, loamy coarse sands,
0.8
1.0
loamy medium sands.
4
Fine sands, loamy fine sands, sandy
0.6
0.8
foams, loams.
5
Very fine sands, loamy very fine sands; or
0.4
0.56
silt loams, sandy clay loams, clay loams
and silty clay loams with a moderate
structure or strong structure (excluding a
platy structure).
6
Other silt loams, sandy clay loams, clay
0.2
0.2
loams, silty clay loams.
7
Sandy clay, clay, silty clay and strongly
Unsuitable
Unsuitable
cemented firm soils, soil with a moderate
or strong platy structure, any soil with a
massive structure, any soil with
appreciable amounts of expanding clays.
(b) Calculation of the absorption area is based on:
(i) The design flow in WCC 24.05.190 (2); and
(ii) Loading rates equal to or less than those in Table V111 of this section as applied to the
infiltrative surface of the soil dispersal component or the finest textured soil within the
vertical separation selected by the designer, whichever has the finest texture.
(c) Requirements for the method of distribution must correspond to those in WCC 24.05.
0230, Table VI.
(d) Soil dispersal components having daily design flow between 1,000 and 3,500 gallons of
sewage per day must:
(i) Only be located in soil types 1-5;
(ii) Only be located on slopes of less than 30 percent, or 17 degrees; and
(iii) Have pressure distribution including time dosing.
(2) The local health officer may allow the maximum hydraulic loading rates in Table VIII of this section.
Loading rates identified in Column B must not be combined with any dispersal component size
reductions.
(3) All soil dispersal components using a subsurface dripline product must be designed to meet the
following requirements:
51
(a) The absorption area calculation is based on:
(i) The design flow in WCC 24.05.190 (2); and
(ii) Loading rates dependent on the soil type, other soil and site characteristics,
and the spacing of dripline and emitters as directed in Table VIII of this section;
(b) A minimum installation of six inches into original, undisturbed soil,
(c) Timed dosing; and
(d) Daily design flows greater than 1,000 gallons of sewage per day:
(i) Located only in soil types 1-5;
(ii) Located only on slopes of less than 30 percent, or 17 degrees.
(4) All SSAS must meet the following requirements:
(a) The infiltrative surface may not be deeper than three feet below the finished grade, except
under special conditions approved by the local health officer. The depth of such system
must not exceed 10 feet from the finished grade;
(b) A minimum of six inches of sidewall must be located in suitable soil,
(c) Beds are only designed in soil types 1, 2, 3 or in fine sands with a width not exceeding
10 feet. Gravity beds must have a minimum of one lateral for every three feet in width;
(d) Individual laterals greater than 100 feet in length must use pressure distribution;
(e) A layer of between 6 and 24 inches of cover material; and
(f) Other features must conform with the "On -site Wastewater Treatment Systems Manual,"
United States Environmental Protection Agency EPA-625/R-00/008 February 2002 except where
modified by, or in conflict with this section or local rules.
(5) SSAS with drainrock and distribution pipe must meet the following requirements:
(a) A minimum of two inches of drainrock above the distribution pipe;
(b) A minimum of six inches of drainrock below the distribution pipe; and
(c) Location of the sidewall below the invert of the distribution pipe in original undisturbed soil.
(6) The local health officer may allow the infiltrative surface area in a SSAS to include six inches of the
SSAS sidewall height when meeting the required absorption area where total recharge by annual
precipitation and irrigation is less than 12 inches per year.
(7) The local health officer may permit OSS consisting of septic tanks and a gravity SSAS in soil type 1 if
all the following criteria are met:
(a) The OSS serves a single-family residence;
(b) The lot size is two and one-half acres or larger;
M
(c) Annual precipitation in the region is less than 25 inches per year from a reputable source
approved by the local health officer;
(d) The OSS is located outside the 12 counties bordering Puget Sound; and
(e) The geologic conditions beneath the dispersal component must satisfy the minimum
unsaturated depth requirements to groundwater as determined by the local health officer. The
method for determination is described by "Design Guideline for Gravity Systems in Soil Type 1,"
2017.
(8) Both the primary and reserve areas must be sized at least 100 percent of the approved loading rates.
The local health officer may require the sizing of the reserve area using the loading rate in Table VIII of
this section. Column A must be used when sizing the primary area using Column B.
24.05.230 Design requirements —Facilitate operation, monitoring and maintenance.
(1) The OSS must be designed to facilitate routine operation, monitoring and maintenance according to
the following criteria:
(a) For gravity OSS:
(i) Sewage tank access for maintenance and inspection at finished grade is required. The
local health officer may allow access for maintenance and inspection of a sewage tank
to be a maximum of six inches below finished grade provided a marker showing the
location of the tank access is installed at finished grade.
(ii) Each SSAS lateral must include at least one observation port installed in a
representative location in order to facilitate SSAS monitoring.
(b) For all other OSS, service access and monitoring ports at finished grade are required for all
system components. Specific component requirements include:
(i) Septic tanks must have service access maintenance holes (formerly manholes) and
monitoring ports for the inlet and outlet;
(ii) Surge, flow equalization or other sewage tanks must have service access
maintenance holes;
(iii) Other pretreatment units such as aerobic treatment units and packed -bed filters
must have service access maintenance holes and monitoring ports;
(iv) Pump chambers, tanks and vaults must have service access maintenance holes;
(v) Disinfection units must have service access and be installed to facilitate complete
maintenance and cleaning, including an easy -access, freefall sampling port; and
(vi) Soil dispersal components, excluding subsurface drip, must have monitoring ports
for both distribution devices and the infiltrative surface.
53
(c) For systems using pumps, clearly accessible controls and warning devices are required
including:
(i) Process controls such as float and pressure activated pump on/off switches, pump -
run timers and process flow controls;
(ii) Diagnostic tools including dose cycle counters and hour meters on the sewage
stream, or flow meters on either the water supply or sewage stream; and
(iii) Audible and visual alarms designed to alert a resident of a malfunction. The alarm
must be placed on a circuit independent of the pump circuit.
(d) The building sewer must have a cleanout with a screw cap for service access;
(2) All accesses must be designed to allow for monitoring and maintenance and shall be secured to
minimize injury or unauthorized access in a manner approved by the local health officer. (Ord. 2006-056
Exh. A).
24.05.240 Holding tank sewage systems.
(1) A person may not install or use holding tank sewage systems for residential development or
expansion of residences, whether seasonal or year-round, except as set forth under subsection (2) of
this section.
(2) The local health officer may approve installation of holding tank sewage systems only:
(a) For permanent uses limited to controlled, part-time, commercial usage situations, such as
recreational vehicle parks and trailer dump stations;
(b) For interim uses limited to handling of emergency situations; or
(c) For repairs as permitted under WCC 24.05.310.
(3) A person proposing to use a holding tank sewage system shall:
(a) Follow design criteria established by the department;
(b) Submit a management program to the local health officer assuring ongoing operation,
monitoring and maintenance before the local health officer issues the installation permit; and
(c) Use a holding tank reviewed and approved by the department. (Ord. 2006-056 Exh. A).
24.05.250 Installation.
(1) Only installers or employees of installers may construct OSS, except as noted under subsection (2) of
this section.
(2) The local health officer may allow the resident owner of a single-family residence to install the OSS
when:
54
(a)Adequate knowledge and installation capacity is demonstrated to the health officer such as
through the completion of the WCHCS homeowner installation exemption process
(3) The local health officer may allow the resident owner of a single-family residence to install the OSS
except when:
(a) The primary and reserve areas are within 200 feet of marine water;
(b) The primary and reserve areas are within 100 feet of surface water;
(c) The installation permit meets Table X standards in WCC 24.05.310;
(d) The resident owner does not own or have a beneficial interest as a contract purchaser of the
land on which the OSS is to be installed;
(e)The OSS is not located on the same lot as the residence or situated on adjoining property
controlled by the resident owner and legally listed as an encumbrance;
(f) Persons engaged in the business of buying, selling and constructing homes or land apply for
self -installation;
(g) The installation permit consists of a Proprietary Treatment Product or subsurface drip
system.
(h) A WCHCS homeowner install exemption packet is required
(3) The installer described by either subsection (1) or (2) of this section shall:
(a) Follow the approved design;
(b) Have the approved design in possession during installation;
(c) Make no changes to the approved design without the prior authorization of the designer and
the local health officer;
(d) Only install sewage tanks approved by the department consistent with chapter 246-272C
WAC;
(e) Be on the site at all times during the excavation and construction of the OSS;
(f) Install the OSS to be watertight, except for the soil dispersal component;
(g) Cover the installation only after the local health officer has given approval to cover; and
(h) Back fill with 6 to 24 inches of cover material and grade the site to prevent surface water
from accumulating over any component of the OSS. (Ord. 2006-056 Exh. A).
24.05.260 Inspection.
(1) For all activities requiring a permit, the local health officer shall inspect the OSS. The local health
officer shall:
55
(a) Visit the OSS site during the site evaluation, construction, or final construction inspection;
(b) Either inspect the OSS before cover or allow the designer of the OSS to perform the
inspection before cover if the designer is not also named as installer of the system; and
(c) Keep the record drawings on file, with the approved design documents.
(2) Prior to any inspection, the local health officer or inspector authorized by the local health officer
shall coordinate with the OSS owner to obtain access. When the owner does not authorize access, the
local health officer may follow the administrative search warrant procedures in RCW 70A.105.030 to
gain access.
(3) For any OSS located on a single property serving one dwelling unit on the same property, the local
health officer shall not require a property owner to grant inspection and maintenance easements as a
condition of receiving a permit.
(4) During the final construction inspection, the local health officer or the designer of the OSS must
confirm the OSS meets the approved design.
(5) To comply with the requirements of WCC 24.05.280 (1)(e) or (k), an inspection must include, at a
minimum:
(a) Inspection and evaluation of:
(i) The status of all sewage tanks including baffles, effluent filters, tank contents such as
water level, scum, sludge, solids, watertightness, and general structural conditions;
(ii) The status of all lids, accesses, and risers;
(iii) The OSS and reserve area for any indicators of OSS failure or conditions that may
impact system function, operation or repair; and
(iv) Any other components such as distribution boxes;
(b) A review of the record drawing and related documents, if they exist, including previous
reports to confirm the system is operating as designed; and
(c) Any proprietary products following the procedures of the accepted operations and
maintenance manual associated with those products.
(6) Evidence of an OSS property transfer inspection as required in WCC 24.05.280 (1)(k) must be
provided to the local health jurisdiction on a form approved by the local health officer, including at a
minimum:
(a) All applicable information from subsection (5) of this section;
(b) The address of the property served by the OSS;
(c) The date of the inspection;
(d) The permitted type and design flow for known OSS; and
56
(e) Verification that the record drawing is accurate, if it exists, or an OSS site plan showing the
location of all system components relative to structures and prominent site features.
(7) A local health jurisdiction may require an additional inspection report, or additional information, for
an inspection required under WAC 246-272A-0270(1). The person responsible for the final construction
inspection shall assure the OSS meets the approved design.
(8) Prior to covering the newly installed OSS, the installer shall notify the health officer and the designer
that the system is ready to be inspected. If any portion of the work is covered before it is inspected and
approved, the same shall, when ordered, be uncovered by the installer prior to inspection.
24.05.270 Record drawings
Upon completion of new construction, alteration or repair of the OSS, the OSS owner shall submit a
complete and detailed record drawing prepared by a licensed designer or professional engineer
to the local health officer prior to permit final approval or final occupancy of a new construction that
includes at a minimum:
(1) Measurements and directions accurate to +/- 1/2 foot, unless otherwise determined by the local
health officer, so that the following parts of the OSS can be easily located:
(a) All sewage tank openings requiring access;
(b) The ends, and all changes in direction, of installed and found buried pipes and electrical
cables that are part of the OSS; and
(c) Any other OSS component which, in the judgment of the local health officer or the designer,
must be accessed for observation, maintenance, or operation;
(2) Location and dimensions of the reserve area;
(3) Record that materials and equipment meet the specifications contained in the design;
(4) Initial settings of electrical or mechanical devices that must be known to operate the system in the
manner intended by the designer or installer; and
(5) For proprietary products, manufacturer's standard product literature, including performance
specifications and maintenance recommendations needed for operation, monitoring, maintenance or
repair of the OSS. (Ord. 2006-056 Exh. A).
(6) Final approval and occupancy may not be approved if pending documentation has not been received
by WCHCS.
(7) Existing OSS may require a record drawing if site conditions have changed.
24.05.280 Operation, monitoring, and maintenance — Owner responsibilities.
57
(1) The OSS owner is responsible for operating, monitoring, and maintaining the OSS to minimize the risk
of failure, and shall:
(a) Request assistance from the local health officer upon occurrence of a system failure or
suspected system failure;
(b) Obtain approval from the local health officer before:
(i) Repairing, altering, or expanding an OSS as required by WCC 24.05.160; or
(ii) Before beginning the use of any newly constructed OSS;
(c) Secure and renew contracts for periodic maintenance if required by the local health
jurisdiction;
(d) Obtain and renew operation permits if required by the local health jurisdiction;
(e) Obtain an inspection, as required in WAC 246-272A-0260(5), by a maintenance service
provider authorized by the local health officer of all OSS and property to determine
functionality, maintenance needs and compliance with this chapter and local rules, and any
permits:
(i) At least once every three years, unless more frequent inspections are specified by the
local health officer, for all OSS consisting solely of a sewage tank and gravity SSAS;
(ii) Annually for all other OSS unless more frequent inspections are specified by the local
health officer;
(iii) Submit the results of the inspection to the local health jurisdiction, using a form
approved by the local health officer and in compliance with WCC 24.05.260 (5);
(f) Employ an approved pumper to remove the septage from the tank when the level of solids
and scum indicates that removal is necessary;
(g) Provide ongoing maintenance and complete any needed repairs to promptly return the
OSS to a proper operating condition;
(h) Protect the OSS area and the reserve area from:
(i) Cover by structures or impervious material;
(ii) Surface drainage, and direct drains, such as footing or roof drains. The drainage must
be directed away from the area where the OSS is located;
(iii) Soil compaction. For example by vehicular traffic or livestock; and
(iv) Damage by soil removal and grade alteration.
(i) Keep the flow of sewage to the OSS at or below the approved operating capacity and sewage
quality;
(j) Operate and maintain OSS as directed by the local health officer and
W.,
(k) At the time of property transfer:
(i) Provide to the buyer, all available OSS maintenance and repair records in addition to
the completed seller disclosure statement in accordance with chapter 64.06 RCW for
residential real property transfers;
(ii) Beginning February 1, 2027, obtain an inspection, as required in WCC 24.05.260 (5),
by a third -party inspector authorized by the local health officer. The local health
officer may:
(A) Remove the requirement for an inspection at the time of property transfer if
the local health jurisdiction has evidence that the OSS is in compliance with (e)
of this subsection and the OSS was inspected by a third -party inspector
authorized by the local health officer;
(B) Verify the results of the property inspection for compliance with WCC 24.05.
0260; and
(C) Require additional inspections and other requirements not listed in WCC
24.05.260;
(iii) Beginning February 1, 2027, obtain an inspection of proprietary treatment products
per the product manufacturer recommendations, as required in WCC 24.05.260, by a
third -party inspector authorized by the local health officer. The local health officer may:
(A) Remove the requirement for an inspection at the time of property transfer if
the local health jurisdiction has evidence that the OSS is in compliance with (e)
of this subsection and the OSS was inspected by a third -party inspector
authorized by the local health officer;
(B) Verify the results of the property inspection for compliance with WCC 24.05
0260; and
(C) Require additional inspections and other requirements not listed in WCC
24.05.260;
(iv) Submit the results of the inspection, and any additional information or reports
required by the local health officer, to the local health jurisdiction, using an inspection
report form approved by the local health officer. The local health officer may require a
compliance schedule for repair of a failure discovered during the property transfer
inspection.
(v) An unoccupied/uninhabited property/residence may not be re -occupied when
WCHCS staff has verification of a failed OSS until a repair/replacement has been
approved and completed.
(2) A person may not:
(a) Use or introduce strong bases, acids or chlorinated organic solvents into an OSS for the
purpose of system cleaning;
59
(b) Use an OSS additive unless it is specifically approved by the department;
(c) Use an OSS to dispose of waste components atypical of sewage from a residential source; or
(d) Use any remediation process or activity unless it is approved by the local health officer and is
in compliance with WCC 24.05.300.
(3). OSS owners may perform their own OSS evaluation in accordance with section 1 of this section
except for the following:
(a) OSS technologies that are listed as proprietary on the Washington State DOH list of
registered on -site treatment and distribution products where the contract with the private
proprietary manufacturer prohibits homeowner evaluations;
(b) Community drainfields;
(c) Nonconforming replacement systems that do not meet vertical and horizontal separation
installed as a result of a system failure;
(d) OSS serving food service establishments;
(e) All non -single family residences (SFR's).
(4) OSS owners who choose to perform their own evaluations shall complete O&M homeowner training
as approved by the health officer. Upon completion of training, OSS owners may perform their own
evaluations until property transfer. In cases of hardship, the health officer may approve the
homeowner's selection of a designee who has completed the appropriate class to perform the
evaluation. If OSS owners are discovered to be noncompliant with this section, the health officer may
proceed with legal remedies in accordance with Chapter 24.07 WCC.
(5) OSS owners found to have submitted a false report in which an evaluation was not completed or the
system status was misrepresented when in fact it is in failure shall have their homeowner certification
revoked and must have all subsequent evaluations performed by a licensed O&M specialist.
(6) The health officer shall perform audits of homeowner evaluations to ensure compliance. OSS
evaluations must be completed by a licensed O&M specialist if the OSS owner does not permit an audit
inspection.
(7)The health officer shall require annual inspections of OSS serving schools and food service
establishments and may require pumping as needed. (Ord. 2017-010 Exh. A; Ord. 2010-009 Exh. A; Ord.
2008-015 Exh. A; Ord. 2006-056 Exh. A).
24.05.290 Operation, monitoring, and maintenance — Food service establishments.
(1) The local health officer shall require:
(a) Annual operations and maintenance inspections by a certified O&M professional; and,
(b) Annual waste strength sampling
(2) The local health office may require:
(a) Existing food service establishments may be required to upgrade OSS to address waste strength
and daily design flow upon change of menu, change of use or change of ownership.
24.05.300 Remediation.
(1) The local health officer may establish a program and requirements for reviewing and approving
remediation activities.
(2) Remediation must not:
(a) Result in damage to the OSS;
(b) Result in insufficient soil treatment in the zone between the soil dispersal component and
the highest seasonal water table, restrictive layer, or soil type 7; or
(c) Disturb the soil in or below the soil dispersal component if the vertical separation
requirements of WCC 24.05.190 are not met.
24.05.310 Repair of failures.
(1) When an OSS failure occurs the local health officer shall:
(a) Allow an OSS to be repaired using the least costly alternative that meets standards and is
likely to provide comparable or better long-term sewage treatment and effluent dispersal
outcomes;
(b) Permit an OSS meeting the requirements in Table X of this section only if the OSS has failed
and the following are not feasible:
(i) Installation of a conforming OSS or component; or
(ii) Connection to either an approved LOSS or a public sewer.
(c) Identify repair permits meeting the requirements in Table IX of this section for the purpose of
tracking future performance;
(d) Give first priority to allowing repair and second priority to allowing replacement of an
existing conventional OSS, consisting of a septic tank and drainfield, with a similar conventional
OSS;
(e) Evaluate all unpermitted sewage discharges to determine if they pose a public health threat.
If determined by the local health officer to be a public health threat, the local health officer shall
require a compliance schedule;
(f) Report failures within 200 feet of shellfish growing areas to the department; and
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(g) Not impose or allow the imposition of more stringent performance requirements of
equivalent OSS on private entities than public entities.
(2) The local health officer may:
(a) Require a compliance schedule for failures discovered during property transfer inspections;
(b) Allow a repair of a failure using ASTM C-33 sand or coarser as fill to prevent direct discharge
of treated effluent to groundwater, surface water, or upon the surface of the ground if the
vertical separation is less than 12 inches.
(3) The OSS owner shall notify the local health officer when there is a failure and indicate which
methods will be used to address the failure in accordance with Table IX of this section:
(a) The owner may use option D only if the local health officer determines options A through C
are not feasible and may use option E or F only if options A through D are not feasible.
(b) For options A through F, the owner shall develop and submit information and obtain a
permit as required under WCC 24.05.160 prior to any repair or replacement of an OSS on the
property served or a nearby property if the owner obtains an appropriate documentation
including, but not limited to, an easement, covenant, contract, or other legal document
authorizing access for construction, operation, maintenance, and repair.
(c) If options A through F are not feasible, the owner shall discontinue use of the OSS, abandon
the OSS according to the requirements in WCC 24.05.340, and cease all sewage generating
activities on the property. (Ord. 2006-056 Exh. A)
Table IX
Options and Methods to Address an OSS Failure
Options Method
A Repair or replace the OSS, with a similar OSS, if the OSS provides comparable or better long-
term sewage treatment and effluent dispersal outcomes where:
1. The effluent treatment and soil dispersal component to be repaired or replaced is not closer
to any surface water, well, or spring than the minimum separation distance required in Table
IV of WCC 24.05.170 (1);
2. The soil dispersal component to be repaired or replaced complies with the treatment level
and dispersal method requirements in Table VI of WCC 24.05.190;
3. The local health officer has a permit or record of the OSS on file; and
4. The repair or replacement will not result in an OSS that meets the definition of failure.
B Repair or replace the OSS with an OSS in compliance with new construction requirements under
this chapter.
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C
Connect the residence or facility to a:
1. Publicly owned LOSS;
2. Privately owned LOSS where it is deemed economically feasible; or
3. Public sewer.
D
Repair or replace the OSS in conformance with Table X of this section.
E
Use a holding tank.
F
Obtain a National Pollution Discharge Elimination System or state discharge permit from the
Washington state department of ecology issued to a public entity or jointly to a public entity
and the OSS owner only when the local health officer determines:
1. An OSS is not feasible; and
2. The only realistic method of final dispersal of treated effluent is discharge to the surface of
the land or into surface water.
(4) When there is an OSS failure, the OSS designer shall:
(a) Evaluate the causes of failure prior to designing the repair or replacement of the OSS;
(b) Prevent the direct discharge of sewage or treated effluent to groundwater, surface water, or
upon the surface of the ground;
(c) Meet the horizontal separations under WCC 24.05.170 (1) to public drinking water sources;
(d) Protect all drinking water sources, shellfish harvesting areas, and water recreation facilities
designated for swimming in natural waters;
(e) Minimize nitrogen discharge in areas where nitrogen has been identified as a contaminant of
concern in the local management plan under WCC 24.05.070;
(f) Not use disinfection to achieve fecal coliform or E. Coli requirements in Table X of this section
to meet:
(i) Treatment levels BL1 or 131-2 with less than 18 inches of vertical separation; or
(ii) Treatment levels 131-1 or 131-2 in type 1 soils; or
(iii) Treatment level 131-3
(g) Minimize impact of phosphorus discharge in areas where the local health officer has
identified phosphorus as a contaminant of concern in the local management plan under WCC
24.05.070;
(h) Locate and design repairs meeting the requirements in Table X of this section if the effluent
treatment and soil dispersal component to be repaired or replaced is closer to any surface
63
water, well, or spring than prescribed by the minimum separation required in Table IV of WCC
24.05.170 (1);
(i) Design any nonconforming OSS using pressure distribution with timed dosing in the
soil dispersal component; and
(j) Meet all other design requirements of this chapter to the maximum extent permitted by the
site, to maximize the:
(i) Vertical separation;
(ii) Distance from a well or spring; and
(iii) Distance to surface water.
(j) Include conforming reserve drainfield area unless site conditions do not allow for it.
(k) Table X repairs do not allow for increased building footprints or additional buildings that may
reduce minimum land use.
Table X
Treatment Component Performance Levels for Repair of OSS Not Meeting Vertical and Horizontal
Separations'
Horizontal Separation2
< 30 feet
>_ 30 < 50 feet
>_ 50 < 100 feet3
>_ 100 feet
Vertical
Soil Type
Soil Type
Soil Type
Soil Type
Separation
(in inches)
1
2
3-6
1
2
3-6
1
2
3-6
1
2
3-6
A&
A&
A&
A&
A&
A&
A&
A&
A&
B&
B&
B&
<12
131-1
131-1
131-1
BL1
131-1
BL1
131-1
131-1
131-1
131-2
131-2
131-2
A&
A&
A&
A&
B&
B&
A&
B&
B&
>12<18
BL1
BL1
BL1
131-1
131-2
131-2
131-1
131-2
131-2
Conforming
A&
A&
A&
A&
B&
B&
A&
B&
B&
>18<24
BL1
131-1
BL1
BL1
131-2
131-2
131-1
131-2
131-2
OSS
A&
B&
B&
B&
B&
B&
B&
B&
C&
>24<36
131-1
131-2
131-2
131-2
BL2
131-2
131-2
131-2
131-3
A'&
B&
B&
B&
C&
C&
B&
C&
C&
> 36
131-1
131-2
131-2
131-2
131-3
131-3
131-2
131-3
131-3
I The treatment component performance levels correspond with those established for treatment components under the product performance
testing requirements in Table III in WCC 24.05.100.
2 The horizontal separation indicated in Table X of this section is the distance between the soil dispersal component and the surface water,
well, or spring. If the soil dispersal component is up -gradient of a surface water, well, or spring to be used as a potable water source, or beach
where shellfish are harvested, the next higher treatment level shall apply unless treatment level A is already required.
3 On a site where there is a horizontal setback of 75-100 feet between an OSS dispersal component and an individual water well, individual
spring, nonmarine surface water or surface water that is not a public water source and a vertical separation of greater than 12 inches, a
conforming OSS that complies with WCC 24.05.170 (4) shall be installed if feasible.
24.05.320 Minor repair of malfunctions.
The local health officer:
(1) Shall require the minor repair of a malfunction to a functioning state;
(2) May require a permit for a minor repair of a malfunction; and
(3) May require the OSS owner to submit information regarding minor repairs of a malfunction.
24.05.330 Expansions.
(1) The local health officer shall require an OSS and a reserve area in full compliance with the new
construction standards specified in this chapter for an OSS expansion.
(2) A local health officer may allow expansion of an existing OSS within 200 feet of a marine shoreline
that does not meet the minimum horizontal separation between the soil dispersal component and the
ordinary high-water mark required by WCC 24.05.170, Table IV, provided that:
(a) The OSS meets all requirements of WCC 24.05.190, 24.05.200, 24.05.220, and 24.05.230;
(b) The OSS complies with all other requirements of WCC 24.05.170 and this section;
(c) Horizontal separation between the soil dispersal component and the ordinary high-water
mark is 50 feet or greater; and
(d) Vertical separation is two feet or greater (Ord. 2006-056 Exh. A).
(3) Any necessary permits for the sewage disposal system repair or construction must be issued prior to
building permit application approval.
(4) Reserve drainfield designation is required to expand the footprint of the existing development for all
previously permitted and unpermitted OSS.
24.05.340 Abandonment.
Persons permanently abandoning a sewage tank, seepage pit, cesspool, or other sewage container shall:
(1) Have the septage removed by an approved pumper; and
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(2) Perform one of the following:
(a) Remove and dispose of sewage tanks and other components in a manner approved by the
local health officer; or
(b) Leave the sewage tanks and components in place. Remove or destroy the lid if possible and
fill the void with soil or gravel; and
(3) Grade the site to the surroundings (Ord. 2006-056 Exh. A).
24.05.350 Septage management.
A person removing septage from an OSS shall obtain approval from the local health officer before
removal and:
(1) Transport septage or sewage only in vehicles clearly identified with the name of the business and
approved by the local health officer;
(2) Record and report septage removal as required by the local health officer; and
(3) Dispose of septage, or apply septage biosolids to land only in a manner consistent with applicable
laws.
(4) A company owner shall be approved by the health officer as a qualified pumper before removing
septage from an OSS. Licensed pumpers shall meet all requirements of WCC 24.05.380 (2).
(5) Persons removing septage from an OSS shall:
(a) Assure that the truck septage tank will be fully closed and watertight. The tank outlet device
shall have a locking device properly placed to ensure sanitary dumping and to prevent any
spillage or leakage of sewage. The suction hose shall be constructed of readily cleanable
material and shall be kept in a clean and sanitary condition.
(b) Record and report septage removal to the health officer by the 5th business day of each
month on a WCHCS approved form. Septage removal records shall be made available to the
health officer upon request to verify volumes of septage pumped in Whatcom County.
(c) Dispose of septage at permitted facilities, or apply septage biosolids to land at permitted
facilities, only in a manner consistent with applicable laws.
(6) Intermediate septage holding tanks shall meet the permit requirements of WCC 24.05.160.
(a) Annual operational permits shall be required for intermediate septage holding tanks.
(7) Non-compliance with this section may result in license suspension or revocation.
(Ord. 2006-056 Exh. A).
24.05.360 Developments, subdivisions, and minimum land area requirements.
(1) Prior to approving any development, the local health officer shall:
(a) Require site evaluations under WCC 24.05.180;
(i) Provide at least two soil logs per proposed lot;
(b) Require information consisting of field data, plans, and reports supporting a conclusion that
the proposed land area is sufficient to:
(i) Install conforming OSS;
(ii) Preserve reserve areas for proposed and existing OSS; and
(iii) Properly treat and dispose of the sewage;
(c) Require information demonstrating that the proposed development will minimize adverse
public health effects from the accumulation of contaminants in groundwater and surface water;
(d) Determine the minimum land area required for the development using Table XI of this
section, or the alternative methodology in Table XII of this section. The local health officer may
require larger lot sizes than the minimum standards established in Table XI or Table XII of this
section;
Table XI
Minimum Land Area Requirement for Each Single -Family Residence or Unit Volume of Sewage and
Minimum Usable Land Area
Soil Type (defined by WCC.24.05.180)
1
2
3
4
5
6
21,780 sq.
Public
ft.
13,000
16,000
19,000
21,000
23,000 sq.
Minimum Land
Water Supply
(•5 acre)
sq. ft.
sq. ft.
sq. ft.
sq. ft.
ft.
2.5 acres'
Area
Nonpublic
1.0 acre
1.0 acre
1.0 acre
1.0 acre
2.0 acres
2.0 acres
2.5 acres'
Water Supply
Minimum Usable Land Area
2,000 sq. ft.
2,000 sq. ft.
2,500 sq. ft.
3,333 sq. ft.
5,000 sq. ft.
10,000 sq.
ft.
'OSS consisting of only sewage tanks and gravity SSAS must have a minimum land area of
2.5 acres per WCC 24.05.220 (6).
Table XII
Maximum Allowable Total Nitrogen (TN) Load Per Day by Type of Water Supply, Soil Type, and Land
Area'
Water Supply Type
Maximum Daily TN Load
Soil Type'
1
2
3
4
5
6
Public
mg per sq. ft.
3.8
6.3
5.1
4.3
3.9
3.6
lb per acre
0.36
1 0.600.49
0.410.37
0.34
Nonpublic
mg per sq. ft.
1.9
1.9
1.9
1.9
0.9
0.9
lb per acre
0.180.180.180.180.090.09
1 Based on 60 mg/L TN and 360 gal/day OSS effluent.
'As defined in Table V in WCC 24.05.180.
(e) Require all proposals not meeting the minimum land area requirements in Table XI of this
section to demonstrate the proposed development:
(i) Minimizes adverse impacts to public health, surface water, or groundwater quality;
(ii) Considers:
(A) Topography, geology, and ground cover;
(B) Climatic conditions;
(C) Availability of public sewers; and
(D) Present and anticipated land use and growth patterns;
(iii) Complies with current planning and zoning requirements;
(iv) Does not exceed the nitrogen limit per land area as identified in Table XII of this
section; and
(v) Does not allow new lots smaller than 13,000 square feet if served by nonpublic water
supplies;
(f) Require minimum land area of 13,000 square feet or larger, except when a proposal includes:
(i) OSS within the boundaries of a recognized sewer utility having a finalized assessment
roll; or
(ii) A planned unit development with a signed, notarized, and recorded deed covenant
restricting any development of lots or parcels above the approved density with the
overall density meeting the minimum land area requirements of (d) or (e) of this
subsection in perpetuity or until the OSS is no longer needed as identified in WCC
24.05.160 (6);
(g) Require that developments other than single-family residences:
(i) Meet the minimum land areas required for each unit's volume of sewage;
(ii) Do not exceed 3.35 unit volumes of sewage per day per acre if served by public
water supplies; and
(iii) Do not exceed 1.0 unit volume of sewage per day per acre for nonpublic water
supplies; and
(h) Require that the use of a reduced -sized dispersal component does not result in a reduction
of the minimum land area requirements established in this section.
(2) The local health officer shall require the following prior to approving any subdivision:
(a) A recommendation for approval as required by RCW 58.17.150;
(b) Where a subdivision with nonpublic wells are proposed:
(i) Configuration of each lot line to allow a supply protection zone to fit within the lot
lines; or
(ii) Water supply protection zones on more than one lot when the person proposing the
subdivision or development provides a copy of a recorded restrictive covenant to each
property that is sited partially or completely within the water supply protection zone;
(iii) Water supply protection zone of at least 100 foot radius for each existing or
proposed well site.
(3) The local health officer may:
(a) Require detailed site plans and OSS designs prior to final approval of subdivision proposals;
(b) Require larger land areas or lot sizes to achieve public health protection;
(c) Prohibit development on individual lots within the boundaries of an approved subdivision if
the proposed OSS design does not meet the requirements of this chapter; and
(d) Permit the installation of an OSS, where the minimum land area requirements or lot sizes in
Table XI of this section or maximum total nitrogen in Table XII of this section cannot be met,
only when the following criteria are met:
(i) The lot is registered as a legal lot of record created prior to the effective date of the
rule;
(ii) The lot is not within an area identified in the local management plan developed
under WCC 24.05.070 where minimum land area is listed as a design parameter
necessary for public health protection; and
(iii) The proposed OSS meets all requirements of this chapter without the use of a
waiver under WCC 24.05.410.(Ord. 2006-056 Exh. A).
24.05.370 Approval of installers, pumpers, and maintenance service providers.
(1) OSS installers, pumpers, and maintenance service providers shall obtain approval from the local
health officer prior to providing services including, but not limited to, conducting inspections in
accordance with WCC 24.05.260 and 24.05.280, within a local health jurisdiction.
(2) The local health officer shall establish procedures for approving OSS installers, pumpers,
and maintenance service providers no later than February 1, 2025. These procedures must include, but
are not limited to, conducting inspections in accordance with WCC 24.05.260 and 24.05.280. The local
health officer may approve OSS installers, pumpers, and maintenance service providers through
reciprocity by other Washington local health jurisdictions.
(3) The local health officer may establish a homeowner OSS inspection certification process
24.05.380 Licensing.
(1) The applicant for an installer's license shall provide the following:
(a) Application for an installer's license shall be made on forms provided by the health officer.
Application fees shall be paid at the time of application.
(b) The health officer shall determine by written and/or oral examination the applicant's
knowledge of public health problems involved in the treatment and dispersal of sewage and
necessary standards of design, construction and installation. If the applicant does not receive a
passing mark of 75 percent in any such examination, the applicant shall be denied a license and
cannot retake the exam for 1 month.
(c) The installer's license shall expire on December 31st. Fees are not prorated. The applicant
shall apply for renewal on forms provided by the health officer.
(d) One continuing education unit shall be required annually for license renewal. The applicant
shall provide proof to the health officer that continuing education courses were attended either
by the license holder.
(e) Before the issuance of an installer's license, the applicant shall file with the health officer
satisfactory evidence demonstrating that said installer is a registered contractor as provided by
Chapter 18.27 RCW and has the required surety bond. In the event the installer's contractor
registration shall lapse for any reason or the contractor's bond shall become impaired, then
licensing by the health officer of said installer shall be suspended until the installer's registration
as a contractor is reinstated and the contractor's bond is unimpaired.
(f) The health officer may suspend, revoke or refuse any installer's license if there has been a
finding of incompetency, negligence, willful misrepresentation, or failure to comply with this
chapter or other applicable laws, rules and regulations. The installation of a sewage disposal
system for which a permit has not been obtained shall be cause for the suspension or revocation
of an installer's license.
(g) An installer whose license has been revoked shall be ineligible to reapply for recertification
until 60 days have passed from the date of revocation of the certificate.
70
(2) The applicant for a pumper's license shall provide the following:
(a) Application for a pumper's license shall be made on forms provided by the health officer.
Application fees shall be paid at the time of application.
(b) The health officer shall determine by written and/or oral examination the applicant's
knowledge of public health problems arising from the handling of sewage and the safe disposal
of the cleanings of sewage disposal systems. If the applicant does not receive a passing mark of
75 percent, the applicant shall be denied a license and cannot retake the exam for 1 month.
(c) Before the issuance of a pumper's license, the applicant shall file with the WCHCS a surety
bond issued by a surety insurer in a form acceptable to the health officer running to WCHCS.
Said bond shall be conditioned that the applicant will pay all amounts that may be adjudged
against the applicant by reason of negligent or improper work or breach of contract. The bond
shall be conditioned that the holder of the license and his or her agents in performing work shall
exercise reasonable care and skill and comply with this chapter. The surety upon the bond shall
not be liable in an aggregate amount in excess of the amount named in the bond. The bond shall
be kept in effect during the period of time for which the license is issued. In the event the bond
is canceled or any final judgment shall impair the liability of the surety upon the bond so
furnished so that there shall not be in effect a bond undertaking in the full amount of $2,000,
the health officer shall suspend the license of such pumper until the full bond liability has been
restored.
(d) The applicant's equipment shall meet the requirements of WCC 24.05.350 (5)(a) before a
license may be issued.
(e) The pumper's license shall expire on December 31st. Fees are not prorated. Application for
renewal shall be made on forms provided by the health officer.
(f) The health officer may suspend, revoke or refuse any pumper's license if there has been a
finding of incompetency, negligence, willful misrepresentation or failure to comply with this
chapter or other applicable laws, rules and regulations.
(g) A pumper whose license has been revoked shall be ineligible to reapply for a license until 60
calendar days shall have passed from the date of this license revocation.
(h) One continuing education unit shall be required annually for license renewal. The applicant
shall provide proof to the health officer that continuing education courses were attended either
by the license holder or a designated qualified professional employee.
(3) The applicant for an operation and maintenance specialist license shall provide the following:
(a) Application for an operation and maintenance specialist license shall be made on forms
provided by the health officer. Application fees shall be paid at the time of application.
71
(b) The health officer shall determine by written and/or oral examination the applicant's
knowledge of the operation and maintenance of on -site sewage systems. If the applicant does
not receive a passing mark of 75 percent, the applicant shall be denied a license and cannot
retake the exam for 1 month.
(c) The operation and maintenance specialist license shall expire on December 31st. Fees are not
prorated. The operation and maintenance license is not transferable. Application for renewal
shall be made on forms provided by the health officer.
(d) Before the issuance of an operation and maintenance specialist license, the applicant shall
file with the WCHCS a surety bond issued by a surety insurer in a form acceptable to the health
officer running to WCHCS. Said bond shall be conditioned that the applicant will pay all amounts
that may be adjudged against the applicant by reason of negligent or improper work or breach
of contract. The bond shall be conditioned that the holder of the license shall exercise
reasonable care and skill and comply with this chapter. The surety upon the bond shall not be
liable in an aggregate amount in excess of the amount named in the bond. The bond shall be
kept in effect during the period of time for which the license is issued. In the event the bond is
canceled or any final judgment shall impair the liability of the surety upon the bond so furnished
so that there shall not be in effect a bond undertaking in the full amount of $2,000, the health
officer shall suspend the license of such operation and maintenance specialist until the full bond
liability has been furnished.
(e) The health officer may suspend, revoke or refuse any operation and maintenance specialist's
license if there has been a finding of incompetency, negligence, willful misrepresentation or
failure to comply with this chapter or other applicable laws, rules and regulations.
(f) An operation and maintenance specialist's whose license has been revoked shall be ineligible
to reapply for a license until 60 calendar days shall have passed from the date of this license
revocation.
(g) One continuing education unit shall be required annually for license renewal. The applicant
shall provide proof to the health officer that continuing education courses were attended either
by the license holder or a designated qualified professional employee.
24.05.390 Technical advisory group (TAG).
The department shall:
(1) Maintain a TAG to advise the department regarding:
(a) OSS design and siting;
(b) Public domain technologies, DS&G for product use; and
(c) Testing and design standards used for proprietary product registration and DS&G for use of
proprietary products.
72
(2) Select members for the TAG for three-year terms that have technical or scientific knowledge
applicable to OSS from agencies, professions, and organizations including:
(a) Local health jurisdictions;
(b) Engineering firms;
(c) The Washington department of ecology;
(d) Land sales, development and building industries;
(e) Public sewer utilities;
(f) OSS:
(i) Designers;
(ii) Installers;
(iii) Maintenance service providers;
(iv) Product manufacturers;
(g) Environmental organizations;
(h) University and college academic communities;
(i) Certified professional soil scientists; and
(j) Other interested organizations or groups.
24.05.400 Policy advisory group.
The department shall:
(1) Maintain a policy advisory group to:
(a) Make recommendations concerning OSS departmental policy and rules;
(b) Review OSS program services; and
(c) Provide input to the department regarding the OSS program;
(2) Select members for three-year terms from agencies, professions, organizations having knowledge
and interest in OSS, and communities which are affected by this chapter
24.05.410 Waivers.
(1) The local health officer may grant a waiver from specific requirements of this chapter. A request for
waiver must be:
(a) Evaluated by the local health officer on an individual, site -by -site basis;
73
(b) Consistent with the purposes of this chapter.
(2) The local health officer must submit quarterly reports to the department showing waivers approved
or denied. (Ord. 2006-056 Exh. A).
(a) Upon review, if the department finds that the waivers previously granted are
inconsistent, consistent with the purposes of this chapter, and DS&G for granting waivers, the
department shall provide technical assistance to the local health officer to correct the
inconsistency, and may notify the local and state boards of health of the department's concerns.
(b) If upon further review, the department finds waivers previously granted continue to be
inconsistent with the purposes of this chapter and DS&G, the department may suspend the
authority of the local health officer to grant waivers under this section until such inconsistencies
have been corrected.
(3) The department shall maintain and update guidance to assist local health officers in the application
of waivers.
(4) The department shall publish an annual report summarizing the waivers issued over the previous
year.
24.05.420 Required review of rules.
The department shall review this chapter to evaluate the effectiveness of the rules, determine where
revisions may be necessary, and make recommendations to the state board of health and all local health
officers by September 2026 and every four years thereafter.
24.05.430 Enforcement.
(1) When an OSS is out of compliance with any law or rule regulating OSS and administered by the
department or the local health officer, the department or the local health officer may initiate
enforcement action or refer cases to the prosecutor's office. Enforcement action may include, but is not
necessarily limited to:
(a) A notice of correction describing the condition that is not in compliance and the text of the
specific section or subsection of the applicab►e state or federal law or rule, a statement of what
is required to achieve compliance, and the date by which compliance is to be achieved;
(b) A notice of violation with or without a civil penalty;
(c) An order requiring specific actions or ceasing unacceptable activities within a designated
time period;
(d) Suspension, revocation, or modification or denial of permits, licenses, approvals and
certifications as authorized by RCW 43.70.115;
74
(e) Civil action per WCC 24.07 or criminal penalties authorized under chapter 70.05 RCW and
RCW 43.70.190;
(2) An informal conference may be held at the request of any party to resolve disputes arising from
enforcement of this chapter.
(3) Notices and orders issued under this section must:
(a) Be in writing;
(b) Name the person or persons to whom the order is directed;
(c) Briefly describe each action or inaction constituting a violation of the rules of chapter 24.05
WCC, or applicable local rules;
(d) Specify any required corrective action, if applicable;
(e) Specify the effective date of the order, with time or times of compliance;
(f) Provide notice of the consequences of failure to comply or repeated violation, as appropriate
(4) Enforcement orders shall be personally served in the manner of service of a summons in a civil action
or in another manner showing proof of receipt.
(5) The department shall have cause to deny the application or reapplication for a permit or to revoke,
suspend, or modify a required permit of any person who has:
(a) Failed or refused to comply with the provisions of chapter 24.05 WCC, 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.
(6) The health officer shall have the right of entry to inspect any sewage disposal system.
(7) Should any person refuse to allow the health officer to enter onto property for the purpose of
enforcing these rules and regulations, the health officer may, with the assistance of the prosecuting
attorney, present an affidavit, naming the person so refusing, the property involved and the reason
entry is necessary, to the Whatcom County district court, from which an authorizing warrant may issue.
(8) Any violation of this chapter, or as amended, is a misdemeanor as defined by RCW 9A.04.040.
(Ord. 2006-056 Exh. A).
24.05.440 Notice of decision —Adjudicative proceeding.
(1) All local boards of health shall:
(a) Maintain an adjudicative process to resolve procedural and technical conflicts arising from
the administration of local regulations; and
(b) Establish rules for conducting hearings requested to contest a local health officer's actions.
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(2) The department shall provide notice of the department's denial, suspension, modification or
revocation of a permit, certification, or approval consistent with RCW 43.70.115, chapter 34.05 RCW,
and chapter 246-10 WAC.
(3) A person contesting a departmental decision regarding a permit, certificate, or approval may file a
written request for an adjudicative proceeding consistent with chapter 246-10 WAC.
(4) Department actions are governed by chapter 34.05 RCW, RCW 43.70.115, this chapter, and chapter
246-10 WAC.
(5) An aggrieved party may appeal any permit decision, including approval, modification, waiver,
decision, denial, suspension or revocation, in accordance with WCC 24.07.090, Hearing and appeals.
(Ord. 2006-056 Exh. A).
24.05.450 Severability.
If any provision of this chapter or its application to any person or circumstances is held invalid, the
remainder of this chapter or the application of the provision to other persons or circumstances shall not
be affected. (Ord. 2006-056 Exh. A).
24.05.460 Fees.
Fees shall be set and renewed by the county council and posted in a fee schedule. (Ord. 2006-056 Exh.
A).
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