HomeMy WebLinkAboutord2025-012strikeWhatcom 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
Agenda Date: 03/11/2025
Related Files:
Primary Contact Email: Hhruza@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Final Action: 03/11/2025
Enactment #: ORD 2025-012
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 mangarnent 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
1 Exhibit A
2 WCC 24.05 Onsite Sewage System Regulations
3
4
Sections:
5
24.05.010
Purpose, objectives, and authority.
6
24.05.020
Administration.
7
24.05.030
Adeption by FefeFeHeeApplicabilitV.
8
24.05.040
DefinitiensAdoption by reference.
9
24.05.050
Definitions.
10
24.05.060
Local Rules.
11
24.05.070
Local management and relation Ip ans.
12
24.05.
080 Connection to public sewer system.
13
24.05.080090 Sewage Technologies.
14
24.05.100
Proprietary treatment products — Eligibility for registration.
15
24.05.110
Proprietary treatment product registration — Process and requirements.
16
24.05.120
Bacteriological reduction.
17
24.05.130
Proprietary distribution products — Certification requirements.
18
24.05.140
Proprietary distribution product registration — Process and requirements.
19
24.05.150
Product development permits.
20
24.05.090
Pe„;, ts160 Permit requirements.
21
24.05.400170 Location.
22
24.05.-140180
Soil and site evaluation.
23
24.05.420190 Design requirements - General.
24
24.05.430200
Design requirements —Septic tank sizing.
25
24.05.210
Design requirements — Pump chambers.
26
24.05.220
Design requirements —Soil dispersal components.
27
24.05.230
Design requirements — Facilitate operation, monitoring and maintenance.
28
24.05.240
Holding tank sewage systems.
29
24.05.440250 Installation.
11)
1 24.05.150260 Inspection and record drawing.
2 24.05.460270 Record drawings.
3 24.05.280 Operation, monitoring and maintenance - Owner responsibilities.
4 24��24.05.290 Operation, monitoring and maintenance - Food service establishments.
5 24.05.300 Remediation.
6 24.05.310 Repair of failures.
7 24.05.490320 Minor repair of malfunctions.
8 24.05.330 Expansions.
9 24.05.490340 Abandonment.
10 24.05.;�00350 Septage management.
11 24.05.240360 Developments, subdivisions, and minimum land area requirements.
12 24 QS ;Q0-24.05.370 Approval of installers, pumpers, and maintenance service providers.
13 24.05.380 Licensing..
14 24.05.2-39390 Technical advisory group (TAG).
15 24.05.400 Policy advisory group.
16 24.05.410 Waivers.
17 24.05.2-40420 Required review of rules.
18 24.05.430 Enforcement.
19 24.05.250 Appeals440 Notice of decision - Adjudicative proceeding.
20 24.05.269450 Severability.
21 24.05.2,20460 Fees.
22
23 24.05.0100IONI Purpose, objectives, and authority.
24 Al. The purpose of this chapter is to protect the public health by minimizing:
25 _� j The potential for public exposure to sewage from on -site sewage systems; OSS and
26 -2(b) Adverse effects to public health that discharges from OSS may have
27 on ground and surface _waters.
28 -132. This chapter regulates the location, design, installation, operation, maintenance, and monitoring of
29 OSS to:
3
I 4 a) Achieve long-term sewage treatment and effluent dispersal; and
2 24 Limit the discharge of contaminants to waters of the state.
3 3. The state board of health is authorized under RCW 43.20.050 to establish minimum requirements for
4 the department of health and local boards of health, and consistent with RCW 43.70.310 integrating the
5 preservation of public health with protection of the environment in order to endorse policies in
6 common.
7 4. This chapter is intended to coordinate with other applicable statutes and rules for the design of OSS
8 under Chapter 18.210 RCW, Chapters 196-33 and Chapter 246-272A WAC.
9 5. This chapter is intended to coordinate with other applicable statutes for land use planning under
10 chapters 36.70 and 36.70A RCW, and the statutes for subdivision of land under chapter 58.17 RCW and
11 with land use planning regulation of Whatcom County. _(Ord. 2006-056 Exh. ACj
12 6. The local health officer may designate low-lying marine shorelines in their jurisdiction.
13 7. This chapter provides for the issuance of permits, establishment of fees, licensing and bonding of
14 installers, pumpers, and operation and maintenance specialists of sewage disposal systems and an
15 appeals procedure.
16
1). This ehapter is inteRded te P-A-A-Fd-0R@#e 'Nith ether applieable statutes and rules feFthe desigH of on-
17 .
18 E. This chapter is intended to coordinate with the land use planning regulation of Whateern 6"Ou-Py'.
19
20 24.05.GW02000& Administration.
21 The health officer shall administer this chapter under the authority and requirements of
22 Chapters Zn nc Zn nsz Under
Zn n�, rd 43.70 Rr+ni RG+efees may be t rt r { this
23 .70.05, 70.08, 70.46, 70A.105, 70A.110 and 43.70 RCW. Under RCW 70.05.060(7) fees
24 may be charged for this administration. (Ord. 2006-056 Exh. A).
25
26 24.05.0450-030007 Applicability.
27 A711�The health officer:
28 4 � Shall apply this chapter to OSS treating sewage and dispersing effluent from residential-_
29 sewage sources with design flows up to 3,500 gallons per day;
30 2L.fb May apply this chapter to OSS for nonresidential sources of sewage if treatment, siting,
31 design, installation, and operation and maintenance measures provide treatment and effluent
32 dispersal equal to that required of residential sources;
33lMay not apply this chapter to industrial wastewater.
4
I (2) The department shall apply the requirements of chapter 246-272A for the registration of
2 proprietary treatment and distribution products.
3 ll A valid sewage system design approval or construction permit issued prior to the effective date of
4 the ordinance codified in this chapter:
5 1, a Shall be acted upon in accordance with regulations in force at the time of issuance;
6_2 (b) Shall have a maximum validity period of five years from the date of issuance or remain
7 valid for an additional year beyond the effective date of the ordinance codified in this chapter,
8 whichever assures the most lenient expiration date; and
9 _3_:LcJ May be modified to include additional requirements if the health officer determines that a
10 _. _serious threat to public health exists.
11 (4) This chapter does not apply to facilities regulated as reclaimed water use under
12 chapters 90.46 RCW and 173-219 WAC.
13 (5)WDOE has authority and approval over:
14 __4—Domestic or industrial wastewater under Chapter 173-240 WAC; and
15 __,,.._,._2-f1Sewage systems using mechanical treatment, or lagoons, with ultimate design flows above
16 14,500 gallons per day.
17 8-(c) Intermediate septage holding facilities of 20,000 gallons or more
18 (6) WDOH has authority and approval over:
19 f�Systems with design flows through any common point between 3,500 to 14,500 gallons
20 per__,_day; and
21 _ jb�Any large on -site sewage system (LOSS) for which jurisdiction has been transferred to
22 WDOH HRdeF-GG„ ;ORS f m Rd m f -,,,,-,,,., ent
23 ELThe health officer has authority and approval over:
24 Systems with design flows through any common point up te 3,500 gallons peF day;
25 -2-.-LaJAny large on -site sewage system (LOSS) for which jurisdiction has been transferred to the
26 _ WCHDWCHCS _from WDOH by contract.
27 —F (L )LWhere this chapter conflicts with Chapter 90 4690.46 RCW, Water Pollution Control, the
28 requirements under those statutes apply. (Ord. 2006-056 Exh. A).
29
30 24.05.949040009 Adoption by reference.
31 Chapter 'n�27zA WAC, On Site c,,,.,age Sys 246-272A WAC, OSS Rules and Regulations, is hereby
32 adopted by reference. If a conflict arises between Chapter 4 A246-272A WAC and this chapter,
33 the more restrictive regulation shall prevail; Any subsequent amendment to Chapter2,o-27-2-A246-
5
1 272A WAC shall be considered to have been incorporated into this chapter without the need for further
2 amendment. (Ord. 2006-056 Exh. A).
3
4
5 24.05.04005004.0 Definitions.
6 The definitions used in this section apply throughout this chapter unless the context clearly indicates
7 otherwise:
8
9 "Additive" means a commercial product added to an OSS intended to affect
10 performance or aesthetics of an ^.. site en4 SS.
11 "
12 deeemp sition ef sewage by bringing the sewage into eantact with air by serne Frieehanical or
13 Peinrriecehanir--al weaHs, e.g., air purrips, air injeeters, fabriG, grids, gravel, pipes eF retatirig disks.
14 " rnearis @R eR site sewage systern other thari a GeRveritignal gravity System er
15 eariventierial pressure distributien systern. Properly epeFated and maintained alternative systerris
16
17
18 "ADU" means accessory dwelling unit. An accessory dwelling unit is a 2nd dwelling unit on the same
19 piece of property as the primary dwelling unit."
20
21 "ANSI" means American National Standards Institute.
22
23 "Approved" means a written statement of acceptability issued by the local health officer or WBBI-Ithe
24 department.
25
26 "Bank" means any naturally occurring slope greater than 100 percent (45 degrees) and extending
27 vertically at least five feet from the toe of the slope to the top of the slope as follows:
2
1 "Bed" means a soil dispersal component consisting of an excavation with a width greater than three
2 feet.
3
4 "BL" means bacterial level
5
6 "Bedroom" means any enclosed room of 70 square feet or more that is not designated as a kitchen,
7 living/family room, utility room, office, bathroom, or dining room adjacent to the kitchen.
8
9 "Black water" means any waste from toilets or urinals.
ED,
11 "BOD" " means biochemical oxygen demand, typically expressed in mg/L.
12
13 "Building drain" means that part of the lowest piping of a building's drainage system that receives the
14 discharge of sewage from pipes inside the walls of the building and conveys it to the building sewer
15 beginning two feet outside the building wall.
16
17 "Building sewer" means that part of the horizontal piping of a drainage system extending from the
18 building drain, which collects sewage from all the drainage pipes inside a building, to an en site ewage
19 s�QSS. It begins two feet outside the building wall and conveys sewage from the building drain to
20 the of the ^ site sewage s e444QSS.
21
22 "CBODS" means carbonaceous biochemical oxygen demand, typically expressed in mg/L.
23
24 "Cesspool" means a pit receiving untreated sewage and allowing the liquid to seep into the surrounding
25 soil or rock.
26
7
I "Common point" as it refers to OSS means any interconnection of sewerage piping systems whether
2 inside or outside of a building or structure.
4 Community Drainfield means 1. An OSS designed to serve more than one development other than
5 primary dwelling & ADU• or 2. An OSS with a design flow, at any common point, more than one
6 thousand (1,000) gallons per day and less than or equal to three thousand five hundred (3,500) gallons
7 per day for non-residential sources.
9 "Conforming system" means any OSS meeting any of the following criteria:
10 4 Laj. In full compliance with new construction requirements under this chapter; or
11 _. 2 f� Approved, installed and operating in accordance with requirements of previous editions of
12 ____,_____,this chapter; or
13 3- 0 Permitted through the waiver process Aghich ^ss„r^S publie health "Fete^+;^^under WCC
14 24.25:0420.410.
15
16 "Continuing Education Unit" (CEU) means 8 contact hours earned by higheF treat^^^^*
17 peFf9Fm@RG@attendinR continuing education programs such as but not limited to approved training,
18 classes courses workshops, offerings, correspondence instructions or other mitigation methedsmeans
19 of providing instruction. A certificate of completion is required to receive credit.
20 "
21 subsurfaee sail abserptien system with gFavity distributien ef the effluent-.
22 "Covenant" means a recorded agreement outlining certain activities and/or practices that are required
23 or prohibited by a property owner.
24
25 "Cover material" means soil placed over a soil dispersal component composed predominately of mineral
26 material with no greater than 10 percent organic content. Cover material is permeable soil that may
27 contain an organic surface layer for establishing a vegetative landscape to reduce soil erosion.
28 "Cut and/erbaPk»
I "Cuts means any natuFally eecHFriHg 9F artificially formed slope greater than 100 percent (45 degrees)
2 and extending vertically at least five feet from the toe of the slope to the top of the slope as follows:
4'
ti Feet
1
450
4
5 "Department" means the Washington state department of health.
6
7 "Designer" means a person who matches site and soil characteristics with appropriate on -site sewage
8 technology. Throughout this chapter this term applies to both OSS designers licensed under
9 Chapter 18.210 RCW and professional engineers licensed under Chapter 18.43 RCW.
10
11 "Design flow" means the maximum volume of sewage a residence, structure, or other facility is
12 estimated to generate in a 24-hour period. It incorporates both an operating capacity and a surge
13 capacity for the BOSS during periodic heavy use events. The sizing and design of the a+, -site
14 sewage systeri OSS components are based on the design flow.
15 "
16
17 Chapter 19.43 P,(;W
18
19 "Detention Pond" means an earthen impoundment used for the collection and temporary storage of
20 stormwater runoff.
21
22 "Development" means the creation of a residence, structure, facility, subdivision, site, area planned unit
23 development, :,n; or any activity resulting in the production of sewage.
1
2 "Disinfection" means the process of destroying pathogenic microorganisms in sewage through the
3 application of ultraviolet light, chlorination, or ozonation.
4
5 "Distribution technology" means any arrangement of equipment and/or materials that distributes
6 sewage within an OSS.
7 » and "Sail dispersal rsempeRent."
8 "Drainage
9 .
10 "Drainrock" means clean washed gravel or crushed rock ranging in size from three-quarters inch to two
11 and one-half inches, and containing no more than two percent by weight passing a U.S. No. 8 sieve and
12 no more than one percent by weight passing a U.S. No. 200 sieve.
13
14 "DS&T means department standards and guidance.
15
16 "E. coli" means Escherichia coli bacteria. Counts of these organisms are typically used to indicate
17 potential contamination from sewage or to describe a level of needed disinfection, typically expressed
18 as colony forming units/100 ml.
19
20 "Effluent" means liquid discharged from a seAjc- e age tank or other OSS
21 component.
22
23 "EPA" means United States Environmental Protection Agency.
24
25 "Expanding clay" means a clay soil with the mineralogy of clay particles, such as those found in the
26 Montmorillonite/Smectite group, which causes the clay particles to expand when they absorb water,
27 closing the soil pores, and contract when they dry out.
28
29 "Expansion" means a change in a residence, facility, site, or use that:
30 _.__.._._ .__-1-� Causes an ansis� tethe sewage systequantity or quality to exceed '+tithe existing design
31 flow or treatment or dispersal capability;of the OSS, for example, when a residence is increased from
32 two to three bedrooms or a change in use —_from an office to a restaurant or change in restaurant
33 type to produce high strength waste; or
10
1 —;
2 3-. bj Reduces the treatment or dispersal capability of the existing on site sew e+n OSS or the
3 reserve area;, for _..___,_„_-example, when a building is placed over a reserve area.
4
5 "Extremely gravelly" means soil with 60 percent or more, but less than 90 percent, rock fragments by
6 volume.
7
8 "Failure" means a condition of an en site sewage systen4OSS or component that threatens the public
9 health by inadequately treating sewage or by creating a potential for direct or indirect contact between
10 sewage and the public. Examples of failure include:
11 _.._..,.,,_..,_......._� f� Sewage on the surface of the ground;
12 _._...........................2 b Se tic backing up into a structure caused by slow soil absorption of septic tank
13 effluent;
14 3-(c Sewage leaking from a sewage tank, purnia Ghamber, holding ta4-, or collection
15 system;
16 .,,_,.___„_----- -.jd1 Cesspools or seepage pits where evidence of ground water or surface water quality
17 degradation exists;
18 -S-j�e Inadequately treated effluent contaminating ground water or surface water;
19 6-Noncompliance with standards stipulated on the permit.
20
21 "Fecal coliform" or "FU means bacteria common to the digestive systems of warm-blooded animals that
22 are cultured in standard tests. Counts of these organisms are typically used to indicate potential
23 contamination from sewage or to describe a level of needed disinfection. GenerAylypically expressed
24 as colo`es-pe,-in colony forming units/100 mi.
25
26 "Fill" means unconsolidated material that:
27 (a) Meets soil types 1-6 textural criteria and is used as part of a dispersal component;
28 _.(b) Is used to change grade or to enhance surface water diversion; or
29 (c) Is any other human -transported material.
30
31 "Flood plain" rneans an area that is low-lving and adiacent to a stream or river that is covered by water
32 during a flood.
33
11
1 "Geotextile" means barrier material covering the gravel trench or bed. The geotextile shall be
2 nonwoven. The fabric shall be free of any chemical treatment or coating which reduces permeability and
3 shall be inert to chemicals commonly found in soil.
4
5 "GPD" means gallons per day.
6
7 "Gravelly" means soils with 15 percent or more, but less than 35 percent, rock fragments by volume.
8 "GF@y-water"
-
9 Greywater" means sewage from any source in a residence or structure that has not come into contact
10 with toilet or urinal wastes, including bathtubs, showers, bathroom sinks, washing machines,
11 dishwashers, and kitchen sinks. it uneludes sewage from any sourEe in a Fesadence or sticuetuFe that has
12 Rot corne into eenwet with toilet wastes.
13
14 "Ground water" means subsurface water occupying the zone of saturated soil, permanently, seasonally,
15 or as the result of the tides. Indications of ground water may include:
16 _ 4 -La Water seeping into or standing in an open excavation from the soil surrounding the
17 excavation or monitoring port.
18 -;�-.(b) Spots or blotches of different color or shades of color interspersed with a dominant color in
19 _ _ soil caused by reduction and oxidation of iron. These color patterns are redoximorphic features,
20 commonly referred to as mottling. Redoximorphic features often indicate the intermittent
21 --- _----- presence of ground water and may indicate poor aeration and impeded drainage. Also see
22 "Water table."
:arssn.
.. M.
25 =`
26 "Holding tank sewage system-""' means an on site sewage system which OSS that incorporates a
27 holdingsewa e tank without a discharge outlet, the services of a sewage pumper/hauler, and the eff-
28 s+teoffsite treatment and disposal for the sewage generated.
29
30 "Hydraulic loading rate" means the amount of effluent applied to a given treatment step, in this
31 feg-ul�expressed as gallons per square foot per day kor gal./sq. ft./day}:.
32
33 "Industrial wastewater" means the water or liquid -carried waste from an industrial process. These
34 wastes may result from any process or activity of industry, manufacture, trade or business, from the
35 development of any natural resource, or from animal operations such as feedlots, poultry houses, or
12
1 dairies. The terRlndustrial wastewater includes contaminated storm water and leachate from solid
2 waste facilities.
3
4
5
6 "Infiltration aond" means an earthen impoundment used forth e collection, temporary storage, and
7 infiltration of stormwater run-off.
8
9 "Infiltrative surface" means the surface within a treatment component or soil dispersal component to
10 which effluent is applied and through which effluent moves into original, undisturbed soil or other
11 porous treatment media.
12
13 "Installer" means a qualified person approved by athe local health officer to install an OSS or relpa+r en-
14 site sewage -;stems ^TOSS components.
15
16 "Intermediate septage holding tank" means a septage holding tank used by a licensed pumper intended
17 for intermediate storage of septage up to 19,999 gallons prior to final disposal at a permitted facility.
18 "merge
19 "Local health officer" means the health officer of the city, county, or city -county health department or
20 district within the state of Washington, or a representative authorized by and under the direct
21 supervision of the local health officer, as defined in chapter 70.05 RCW.
22
23 "LOSS" means a large on -site sewage system (LOSS)" means any an site sewage stern with design
24 under chapter 246-272B WAC.
25
26 "Lot" means the entire parcel of land with fixed boundaries in single or joint ownership, which area is for
27 the use of the occupants of the building to be served by the proposed sewage disposal system.
28 Easements may be included in determining the boundaries of the lot.
29
30 "Maintenance" means the actions necessary to keep the en site sewage+^mOSS components
31 functioning as designed.
32
33 "Maintenance service provider" means a management entitv certified by the local health officer and
34 conducts a comprehensive analysis of an OSS.
13
1
2 "Malfunction" means a damaged or deficient
3 corrected by means of a minor repair.
ouslv conforming OSS component that may be
4
5 "Massive structure" means the condition of a soil layer in which the layer appears as a coherent or solid
6 mass not separated into peds of any kind.
7
8 "May" means discretionary, permissive, or allowed.
w]
10 "mg/L" means milligrams per liter.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"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 phvsical restrictions and meet minimum vertical and horizontal separations.
"Minor repair" means the repair or replacement of anv 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)Controlpanels;
(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.
14
I "Mobile home park" means a plot of ground in which three or more sites are intended for permanent
2 occupancy by mobile homes.
3
4 "Moderate structure" means well -formed, distinct peds evident in undisturbed soil. When disturbed,
5 soil material parts into a mixture of whole peds, broken peds, and material that is not in peds.
6
7 "Modification" means the alteration of an existing OSS component that does not result in an expansion
8 of the system. A modification is not considered a repair.
9
10 "Monitoring" means periodic or continuous checking of an OSS, which is
11 performed by observations and measurements, to determine if the system is functioning as intended
12 and if system maintenance is needed. Monitoring also includes maintaining accurate records that
13 document monitoring activities.
14
15 "NSF" means National Sanitation Foundation International.
W1
17 "O&G" means oil and grease, a component of sewage typically originating from foodstuffs {such as
18 animal fats, or vegetable oils}, or consisting of compounds of alcohol or glycerol with fatty acids ¢such as
19 soaps and lotions-T-ypiea4y, typically expressed in mg/L.
20 "OR site sewage system (OSS)" means an integrated system of components lecated on or nearby ",e
21 property it serves, that conveys, stores, treats, and/er pre-vides sulbsurfaee sell treatment and d;_-Pc-S_-1
22 of sewage. it consists of a collection system, a treatment component or treatment sequence, and a sail
23
dispersal component. AR On site sewage system alse refers to a holding taRk sewage system OF oth-
24 system that does not have a seil dispersal component.
25 "Operating capacity" means the average daily volume of sewage an OSS can treat and disperse on a
26 sustained basis. The operating capacity, which is lower than the design flow, is an integral part of the
27 design and is used as an index in OSS monitoring.
29 "Operation and maintenance specialist" means a quo fi 4person appf-ove Licensed by the local health
30 officer and approved to perform operation inspections, minor repairs and maintenance inspectkms-on
31 on site sewage systems _)FOSS and OSS components.
32
33 "Ordinary high water mark" means the mark on lakes, streams, and tidal waters found by examining the
34 beds and banks and ascertaining where the presence and action of waters are so common and usual,
35 and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the
15
1 abutting upland with respect to vegetation, as that condition exists on the effective date of the
2 regulation codified in this chapter, or as it may naturally change thereafter. The following
3 defiRitionsconditions apply where the ordinary high water mark cannot be found:
44 jaj The ordinary high water mark adjoining marine water is the elevation at mean higher high
5 tide; and
6 _______W -2-.,(l The ordinary high water mark adjoining freshwater is the line of mean high water.
7
8 "OSS" means on -site sewage system, an integrated system of components, located on or nearbv the
9 property it serves, which conveys, stores, treats, and provides subsurface soil treatment and dispersal of
10 sewage. It consists of a collection system, a treatment component or treatment component sequence,
11 and a soil dispersal component. An OSS also refers to a holding tank sewage system or other system that
12 does not have a soil dispersal component. The term "on -site sewage system (OSS)" does not include any
13 system regulated by a water quality discharge permit issued under chapter 90.48 RCW.
14
15 "PAG" means policy advisory group.
16
17 "PDP" means product development permit.
18
19 "Ped" means a unit of soil structure such as block, column, granule, plate or prism formed by natural
20 processes.
21
22 "Permit" means a written document issued by the health officer authorizing the construction,
23 installation, expansion or after-ationmodification of a sewage disposal system.
24 -'
25 "Person"means any individual, corporation, company, association, society, firm, partnership, joint
26 stock company, or any governmental agency, or the authorized agents of aPN-stir" entities. Employees
27 of persons helding a valid license under this chapter aFe included in and covered by the license and a
28 mp@Ry may designate aR pleyee as a q+" ' �- hese
29 entities. For the purposes of WCC 24.05.OA30.430 and 24.05.044G.440, a person is defined to include:
30 (a) Applicant;
31 _._..._�.. (b) Reapplicant;
32 (c) Permit holder: or
33 (d) Any individual associated with (a), (b) or (c) of this subsection including, but not limited to:
34 (i) Board members:
TI
I (ii) Officers;
2 (iii) Manaeers:
3 (iv) Partners;
4 (v) Association members;
5 (vi) Agents; and
6 (vii) Third persons acting with the knowledge of such persons.
7
8 "Planned unit development" means a deve lepfl e-Rsubdivision characterized by a unified site design,
9 clustered residential units resorts, industrial or commercial units, and areas of common open
10 space..-, to be planned and constructed as a unit.
11
12 "Platy structure" means soil that contains flat peds that lie horizontally and often overlap. This type of
13 structure will eQeimpedes the vertical movement of water.
14
15 "Premises" means any building or structure and the property on which it is located and surrounding area
16 utilized by persons as a residence, a place of business or place of sponsored public assembly and
17 includes established picnic or campgrounds.
18 —
19 "Pressure distribution"means a system of small _diameter pipes equally distributing effluent
20 throughout an &SA -BOSS, as described in the W-89 SDS&G _for Pressure Distribution Systems," lam
21 wile,-:, 2022. A subsurface drip system may he use w.Li:^"^r the Fegulatien requires is considered
22 a pressure distribution system.
23
24 "Professional engineer" means a person who is currently licensed as an engineer under the provisions of
25 Chapter 18.43 RGW,,18.43 RCW.
26
27 "Proprietary product" means a sewage treatment and distribution technology, method or material
28 subject to a patent or trademark.
29
30 "Public domain technology" means a sewage treatment and distribution technology, method, or
31 material not subject to a patent or trademark.
32
33 "Public sewer system" means a sewerage system:
17
1 _ 4-.11 Owned or operated by a city, town, municipal corporation, county, or other approved
2 _.._.___.._._...._.ownership consisting of a collection system and necessary trunks, pumping facilities and a
3 means of final treatment and disposal; and
4 -2-(b) Approved by or under permit from the department of ecology, the
5 department of health or a local health officer.
6 ='
7 "Puget Sound counties" means Clallam Island Kitsap, Jefferson, Mason, San Juan, Seattle -King, Skagit,
8 Snohomish Tacoma -Pierce Thurston and Whatcom. All other counties are defined as non -Puget Sound
9 counties.
10
11 "Pump chamber" means a watertight receptacle placed after a septic tank, sewage tank, or other
12 treatment facility that contains the required controls and alarms to convey sewage effluent to a
13 treatment or dispersal component.
14
15 "Pumper-""' means a person approved by the local health officer to remove and transport
16 wastewatersewage or septage from eH site sewage _;stem .an OSS.
17
18 "Record drawing" means an accurate graphic and written record of the location and features of the OSS
19 that are needed to properly monitor, operate, and maintain that system.
20
21 "Remediation" means any action approved by the local health officer, which attempts to restore the
22 function of a previously conforming OSS dispersal component that has failed. Remediation is not
23 considered:
24 (a) A minor repair;
25 (b) A repair;
26 __ __.(c) An additivpi or
27 (d) A treatment or distribution technology that allows the OSS to meet a specific treatment level
28
29 "Recreational vehicle" means a vehicular -type unit as defined by the Department of Labor and
30 Industries, designed for temporary living quarters for recreational, camping or travel use, which either
31 has its own motor power or is mounted on or drawn by another vehicle.
32
33 "Recreational vehicle park" means a plot of land in which three or more sites are occupied or intended
34 for occupancy by recreational vehicles for travel, recreational or vacation uses.
18
2 "Repair—"' means FesteFatieri, by FecenstruetieR eF.the relocation, ei:-replacement or reconstruction of a
3 failed on site sewage systeOSS or anV OSS components not included in the list fora minor repair,
4 which have failed in order to restore the OSS to a nonfailure status.
6 "Report of system status" means a WCHWA CHCS operations and maintenance report filed by a
7 WLHPNA CHCS licensed O&M specialist completed at intervals outlined in WCC A.�/n1/^
8 24.05:027-0.280 (1)(e).
{r
10 "Reserve area" means an area of land approved for the installation of a conforming syste+ra SS and
11 dedicated for replacement of the OSS upon its failure.
12
13 "Residential sewage" means sewage having the constituency and stFe - ug ality typical of wastewater
14 .residential septic tank effluent consistent with treatment level E identified in
15 Table III in WCC 24.05.-0.100.
16
17 "Restrictive layer" means a stratum impeding the vertical movement of water, air, and growth of plant
18 roots, such as hardpan, claypan, fragipan, caliche, some compacted soils, bedrock and unstructured clay
19 soils.
20
21 "Rock fragment" means rock or mineral fragments having a diameter of two millimeters or more; fey
22 example. Examples include gravel, cobbles, stones, and boulders.
23 "RS&G" means recommended st
24 "School" means any publicly financed or private or parochial school or facility used for the purpose of
25 school instruction from the kindergarten through twelfth grade. This definition does not include a
26 private residence in which parents teach their own natural or legally adopted children.
27
28 "Seepage pit" means an excavation more than three feet deep where the sidewall of the excavation is
29 designed to dispose of septic tank effluent. Seepage pits 4 ayare also be called "known as dry wells-.L.
30
31 "Septage—""' means the rfl.ixture E) liquid or solid wastes, seum, sludge, and liquids purnpedmaterial
32 removed from within septic sewage tanks, ,cesspools, portable toilets, type III marine
33 sanitation devices vault toilets, pit toilets, recreational vehicle holding tanks, And ^tea other OAS
34 sewage.
WK
1
2 Septic System. See "On -site sewage system (OSS)."
3
4 "Septic tank" means a watertight pretreatment receptacle receiving the discharge of sewage from a
5 building sewer or sewers, designed and constructed to permit separation 0 separate settleable and
6 floating solids from the liquid, detention and anaerobic digestion of the organic matter, prior to
7 discharge of the liquid.
8
9 "Sewage" means any urine, feces, and the water carrying human wastes, including kitchen, bath, and
10 laundry wastes from residences, buildings, industrial establishments or other places. ^tee
11 -Side R t iaI sewage."
12
13 "Sewage quality" means contents in sewage that include:
14 ___4 -. al CBODS, TSS, and O&G;
15 -2L.(bOther parameters that c-a44may adversely affect treatment. Examples include pH,
16 temperature, ___and dissolved oxygen; or
17 — — -3-ll Other constituents that create concerns due to specific site sensitivity. Examples include
18 fecal ____coliform-, E. coli, phosphorus, and nitrogen.
19
20 "Sewage tank" means a prefabricated or cast -in -place septic tank, pump to i% chamber, holding
21 tank, grease interceptor, recirculating filter tank or any other tanks as they relate to on site sewage
22 s3OSS including tanks for use with proprietary products.
23
24 "Shall" means mandatory.
25
26 "Shoreline management program area" means upland areas within 200 feet of the ordinary high water
27 mark (OHWM) of the shoreline of all streams with a mean average flow of 20 cubic feet per second, all
28 lakes over 20 acres in size, all marine shorelines, and all associated wetlands and flood plains, and
29 floodways in accordance with the Whatcom County critical areas ordinance.
30
31 "Significant periods of the year" means six months or longer.
32
20
I "Soil dispersal component" means a technology that releases effluent from a treatment component into
2 the soil for dispersal, final treatment and recycling.
3
4 "Soil log" means a detailed description of soil characteristics providing information on the soil's capacity
5 to act as an acceptable treatment and dispersal medium for sewage.
6
7 "Soil scientist" means a person certified by the American Society of Agronomy as a 6eFtified pF^f^«iGRal
8 seil se:ent;stCertified Professional Soil Scientist.
9
10 "Soil type" means a numerical classification of fine earth particles and coarse fragments as described in
11 WCC 2 n5 4 4 (&45 T. to 4 24.05-.02?2.180 2 e .
13 "Standard methods" means a sail dispeFsal component of tFenches or beds containing eitheF a
14
15 distribution teGhHG'9gy, desigRed and installed OR OFIgiHal, undisturbed, unsaturated see! pFeviding at
16 1p--A-" rAinim-Al veFtieal sePaFaflA_.A -as; est-ah-lished OR this Fegulatien, With either gF@v;+,Y, er p-ressure
17 the treatment Rt 4lue4 t
18 „StandaM M thed-S„ w,,,.,nS the 20th 23rd Edition of='Standard Methods for the Examination of Water
19 and Wastewater,— prepared and published jointly by the American Public Health Association, the
20 American Water Works Association and the Water Environment Federation.
21
22 "Strong structure" means peds are distinct in undisturbed soil. They separate cleanly when soil is
23 disturbed, and the soil material separates mainly into whole peds when removed.
24
25 "Subdivision" means a division of land or creation of lots or parcels, described under
26 Chapter 58.1458.17 RCW, now or as hereafter amended, including both long and short subdivisions,
27 planned unit developments, and mobile home parks.
28 "
29 "Subsurface drip system-""' means an efficient pressurized wastewater distribution system that can
30 deliver small, precise doses of effluent to soil surrounding the drip distribution piping4co 4ed-, also
31 known as dripline}, as described in the WDOH "RSDS&G =for Subsurface Drip Systems=_
32
33 "SSAS" means a subsurface soil absorption system (SSAS)" means -that is a soil dispersal component of
34 trenches or beds containing either a distribution pipe within a layer of drainrock covered with a
35 geotextile, or an approved gravelless distribution technology, designed and installed in e4g+4�,
21
Drain Rock
< 3 feet (Trenctiesj
'.> 3 to 10 Feet (Beds)
4
5 "Suitable" means original undisturbed unsaturated soil of soil types 1-6 with at least the vertical
6 separation established in this chapter.
7
8 "Surface water" means any fresh or marine body of water, flowing or contained
9 in natural or artificial unlined depressions for significant periods of the year, including natural and
10 artificial lakes, ponds, springs, rivers, streams, swamps, marshes, and tidal waters.
11
12 "TAG" means the technical advisory Rroup established in WCC 24.05,-0400.3.90.
13
14 "Timed dosing" means delivery of discrete volumes of sewage at prescribed time intervals.
15 ='
22
1 "TinVHome on Wheels" (THOW) is a dwelling unit that is 400 square feet or less in floor area (excluding
2 sleeping lofts) and is a portable structure licensed to be transported on the highways by a motor vehicle.
3 A THOW that is designed to be self-contained are equivalent to and are permissible under the same
4 rules as for recreational vehicles (RVs) established in WCC 20.97.200 .
5
6 "TN" means total nitrogen, typically expressed in mg/L.
7
8 "Treatment component"" means a technology that treats sewage in preparation for further treatment
9 armor dispersal into the soil environment. Some treatment components, such as mound systems,
10 incorporate a soil dispersal component in lieu of separate treatment and soil dispersal components.
11 —'
12 "Treatment l" Paeans one ef six levels (A, n r n c lld N) used in these rules t .
13 ,. Identify tre.,+. eHt component perf,,,marin .d, rnenstFat d thF gh r eats s c;ifi
14 WAC 246 272, _Qj j n. @Rd
15
16 levels us d ;R these rules are Het iRteRded tG be applied as field GempliaRee starid-ard-S. Their interided
17 use is fer establishirig tFeatrnerit product peFfeFrnanee OH a pFeduet testing setting und-e-F establish
18 protocols by qualified testing entities.
19 "Tr^rsequence"" means any series of treatment components that discharges treated sewage to
20 the soil dispersal component.-
21
22 "Treatment level" means one of the following levels (A, B, C, BLILBL2LBL3, E, & N) to:
23 (a) Identify treatment component performance demonstrated through requirements specified
24 in WCC 24.05 QLIG.100; and
25 (b) Match site conditions of vertical separation and soil type with treatment components.
26
27 "Trench" means a soil dispersal component consisting of an excavation with a width of three feet or less.
28
29 "TSS" means total suspended solids, a measure of all suspended solids in a liquid, typically expressed in
30 mg/L.
31
32 "Unit volume of sewage" means:
33 ,1,,,,1,,,1,,,,,,,,,1 1.1.1..._T-Lal Flow from a single-family residence;
23
Lb
I Flow from a mobile home site in a mobile home park; or
2 3- c Four hundred fifty gallons of sewage per day where the proposed development is not
3 single -_family residences or a mobile home park.
6 "Unknown OSS" means an OSS that was installed without the knowledge or approval of the local health
7 jurisdiction including those that were installed before such approval was required.
9 "Unpermitted sewage discharge" means the discharge of sewage or treated effluent from an unknown
10 OSS.
11
12 "Vertical separation" means the depth of unsaturated, eFiginal, ndistbfFhed soil of soil types ene
13 t suitable soils between the bottom infiltrative surface of a soil dispersal component and the
14 highest seasonal water table, a restrictive layer, or soil type seven as illustrated below by the profile
15 drawing of subsurface soil absorption systems:
16
Ground surface
vv ar' 1f'- c ^vy Div �il�
Geotextile
w ° Subsurface dripline >
Distribution , , r ` (drip system tubing)
pipe Gravelless
Drain roc Technology�'�
Vertical separation - Original soil of types 1-6 lip
Vertical separation - Iriginal soil of types 1-6 Vertical separation - Original soil of types 1-6
rNMENNEW
17 / / / /%//%%/%/////////////i///////////////////%////%/////////%/%////////// /
24
1 "Very gravelly" means soil containing 35 percent or more, but less than 60 percent, rock fragments by
2 volume.
3
4 "Water supply protection zone" means the land area around each existing or proposed well site to
5 protect the water supply from contamination. Also known as Sanitary Control Area. See WCC 24.11
6 "Definitions"
7
8 "Water table" means the upper surface of the ground water, whether permanent or seasonal. Also see
9 "Ground wateF "groundwater" as described in this section.
10 "WGHD
11 "WCHCS" means the Whatcom County Health and Community Services health depaFtment.
13 "WPOH" means the Washington State Department E)
14
15 "Well"means any excavation that is constructed when the intended use of the well is for the location,
16 diversion, artificial recharge, observation, monitoring, dewatering or withdrawal of ground
17 watergroundwater for agricultural, municipal, industrial, domestic, or commercial use. €3ce!Hded The
18 following are not considered a well:
19 ___4-f alA temporary observation or monitoring well used to determine the depth to a water table
20 for locating an OSS;
21 -2-b An observation or monitoring well used to measure the effect of an OSS on a water table;
22
23 3—(c) An interceptor or curtain drain constructed to lower a water table -.Land
24 (d) A dewatering well used temporarily for the purpose of a sewage tank or pump chamber
25 installation.
26 "Wet season" means the period of year from December 1st +^ ^T�-Ma•��� . hrough April 30th under
27 precipitation conditions typical for the region. (Ord. 2008-015 Exh. A; Ord. 2006-056 Exh. A).
28
29 24.05.0600-P, Local Rules r e e t
30 (1) The local health officer shall enforce the requirements _ofthis chapter until the local board of health
31 adopts local OSS regulations The local board of health may adopt and enforce local rules governing OSS
32 when the local regulations are:
33_.__.._ (a) Consistent with and at least as stringent as this chapter; and
25
1 (b) Approved by the department prior tothe effective date of local regulations.
2 (2) To apply for department approved local OSS regulations a local board of health shall submit the
3 proposed local regulations to the department.
4 (3) Within 90 days of receipt of proposed local regulations, the department shall:
5 (a) Approve the proposed regulations; or
6 (b) Deny the proposed regulations if the department determines local regulations are not
7 consistent with this chapter or less stringent than this chapter and provide specific reasons for
8 the denial.
9 (4) Upon receipt of department approval, or after 90 days if the department fails to act, the local board
10 may implement adopted regulations. The local board shall provide a copy of the adopted local
11 regulations to the department.
12 (5) If the department denies approval of local regulations, the local board of health may:
13 (a) Resubmit revised regulations that address the specific reasons for the denial for department
14 consideration; or
15 (b) Submit a request to the department to review its denial within 120 days from the date the
16 local board of health receives the specific reasons for the denial.
17 (6) Upon receipt of request for review of the department denial, the department shall:
18 (a) Acknowledge the receipt of the request within 30 days; and
19 (b) Form a mutually acceptable advisory panel to review the department denial and reach an
20 agreement within a reasonable time. The panel shall consist of:
21 (i) One representative from the department
22 (ii) One representative from a local health jurisdiction other than that which requested
23 the review; and
24 (iii) One member of the TAG.
25 (7) If good faith efforts to reach an agreement are unsuccessful between the department and a local
26 board of health, the local board of health may appeal the denial to the Washington state board of health
27 for resolution.
28 (8) Nothing in this chanter shall prohibit the adoption and enforcement of more stringent regulations by
29 a local board of health.
30
31 24.05.9&00700- Local management and Ip ans.
32 A I The local health officer shall develop and maintain a written plaRlocaI management plan to provide
33 guidance to Whatcom County Health & Community Services regarding development and management
34 activities for all OSS within Whatcom County in, aaeeFdanee with WAG 246 '7�-094&, The department
26
1 will review the existing OSS local management plans for Whatcom County Health & Community Services
2 within two years of the effective date of the rule. If the department determines a plan and Manageinent
3 activitlesrevision is necessary upon review, the local health officer shall +nck+de=revise the local
4 management plan for all OSS within Whatcom County consistent with subsection (2) of this section.
5 1. PFegressive ^vel-p.m.-POO) At a minimum, the local management plan for Whatcom County must
6 specify how the local health jurisdiction will:
7 (a) Progressively develop and maonteRanGe efmaintain an inventory- including the type and
8 location of all known.--OSS in operation within Whatcom County;
9 (b) Identify any areas where OSS could pose an increased public health risk;_
10 The following areas shall be given priority in this activity:
11 (i) Shellfish protection districts or shellfish growing areas;
12 (ii) Sole source aquifers as designated by the EPA;
13 (iii) Areas in which aquifers used for potable water as designated under the Washington
14 State Growth Management Act under chapter 36.70A RCW are critically impacted by
15 recharge;
16 (iv) Designated wellhead protection areas in Group A public water supplies under
17 chapter 246-290 WAC;
18 (v) Up -gradient areas directly influencing water recreation facilities designated for
19 swimming in natural waters with artificial boundaries within the waters as described by _
20 _ the Water Recreation Facilities Act under chapter 70.90 RCW;
21 (vi) Areas designated as special protection areas under WAC 173-200-090;
22 _ _ (vii) Wetland areas under production of crops for human consumption;
23 _ (vii) Frequently flooded areas including areas delineated by the Federal Emergency
24 Management Agency or as designated under the Washington State Growth ............
25 Management Act under chapter 36.70A RCW;
26 (ix) Areas where nitrogen has been identified as a contaminant of concern including, but
27 not limited to the marine waters of Puget Sound;
28 (x) Areas where phosphorous has been identified as a contaminant of concern;
29 (xi) Areas where sea level rise may impact adequate horizontal separations to surface ___
30 water; and
31 NO Other areas designated by the local health officer.
32 (c) Identify operation, maintenance and monitoring requirements commensurate with risks
33 __posed by OSS within aFeas PeSiRg @R increased public health riskthe geographic areas identified
34 in (b) of this subsection;
27
1 4-(d) Educate OSS owners about their responsibilities to perform OSS operation and
2 maintenance, including information for owners to complete any inspection required by WCC
3 24.05:GP70.280:
4 hFacilitating education of homeowners regarding their responsibilities to properly use
5 --.----and maintain their on -site sewage systems, and provide operation and maintenance
6 information for all types of systems in use within Whatcom County;
7 _J- ii Remind and encourage homeowners to complete the operation and maintenance _
8 ___ ____inspections required by this chapter;
9 _— S:feI Maintain records required under this chapter, including of -all operation and maintenance
10 activities as identified;
11 —7-. Enforce OSS owner permit application, operation, monitoring and maintenance and failurefi 12 _ repair requirements d^„„d in *"is "^„+^�in WCC 24.05 0-200.160
13 (2), 24 5-.02-60.260, 24.05 92-70.280, 24.05.290, and � 24.05.02,90.310;
14 . gj Describe the capacity of VIC#B the local health jurisdiction to adequately fund the 9SSlocal
15 management plan, _ineludi;swhich includes a summary of program expenditures by activity, source
16 of funds, a strategy to fill any funding gaps, and the ability to find failing and unknown systems;
17 and
18 o revel „ „d „+.,;„ +ti (h) Verify that the local management plan was
19 developed in coordination with the comprehensive land use pla-n-s plan of the entities governing
20 development within Whatcom County.
21 (3) The department shall review the local management plan for Puget
22 Sound counties at least once every five years. If the department determines plan revision is necessary
23 upon review of the local management plan described in subsection (2) of this section, the department
24 shall notify the local health officer of their findings.
25 (4) The local health officer for Puget Sound counties shall:
26 (a) Review and update the local management plan, as necessary, or at least once every five
27 _ years;
28 (b) If after the review the local management plan is updated, provide an opportunity for public
29 input on the local management plan;
30_ (c) Following local board of health approval, submit the local management plan to the
31 department for review:
32 _ (d) Implement the local management plan; (Ord. 2006-056_Exh. A�
33 ...... (e) Submit an annual report to the department including all of the following a „„blie hearing, the
34 in a format
35 specified by the department:
36(i) Number of OSS;
28
1 (ii) Number of unknown OSS identified
2 (iii) Number of failures found;
3 (iv) Number of failures repaired; and
4 (v) Status of compliance with inspections required by WCC 24.05:027-d.2M
5 _„_, _ fLSupply a copy of the plan to the WPODu;
6 local management plan to the entities responsible for land use planning ,_,_and
7 development regulations in the local health jurisdiction.
8 3. 4p;o-ffie„tj� In order to implement the appFeved plan-.#)f 1-- described in subsections (1) of this
9 section, the local}-
10
11 A. The health officer.
12 1. Shall applythis chapterto QSStreating sewage and dispersing effluentfrorn residential sewage
13 sources with design flows up to 3,500 gallons per day;
14 ,
15 installation, and operation and maiRtenanee measures provide tre-;-#PAP-.Pt -and- effluent dispersal equal to
16 that required of residential seyFeesj
17 3. May net apply this chapter to industrial wastewater.
18 B. A valid sewage systern design approval or censtruGtien permat issued prior to the effective date of
19 shall require the .
20 s Shall be acted uponaccordance with regulations in force at owner of the time ^F'« ^^;OSS to:
21
22 fer An additional year beyond the effective date efthe ordinance codified an this chapter, wh;C-hpwer
23 -1— ...est lenient n pirativr 4",Txcrc-, —v
24 3. May be modified to inGlud ;f the health 94iGer determines that a ser;eus
25 threat to public health exists.
26 C. WD DE has authority and approval ever:
27 ; and
28 2. Sewage systerns using rneehanieal treatment, or lagoons, with ultimate design flews above 14,500
29 gallons per day.
30 D. WDQH has autheFity and approval over:
31 1 Sys,ms(a) Comply with additional requirements identified in the plan for the location, design, or
32 oerformance; and
29
1 _jb) Comply with design flows through aRy eemmen peiRt between 3,500 te 14,500 galleff5-pe+
2 day; and
3 2_8,ny large en site sewage system (LOSS) for which juFisdietion has been traRsfe�red tE) WDOH
4 the conditions of memerandum ef agFeementthe operational permit if one is required.
5 E. The health efficer has authority and approval eveF:
6 1. Systems with design flews +hY gh any eemmen paint up to 3,500 alls Neur d��r.
00 buen,
7run
8 WPQH by cantraet.
9
10 these Statutes ply. (QFd 2006 056 Exh n)
11 (6) In order to implement the plan described in subsections (1) of this section, the local health officer
12 may require the owner of the OSS to:
13 (a) Ensure additional maintenance and monitoring of the OSS;
14 (b) Provide dedicated easements for inspections maintenance, and potential future expansion
15 of the OSS; and
16 (c) Place a notice to title identifying any additional requirements for OSS operation,
17 — maintenance and monitoring.
18 (7) The department shall maintain and update guidance and provide _technical _assistance to assist local
19 health jurisdictions in local management plan development
20
21
22 24.05.=08002-i9 Connection to public sewer system.
23 A.W era-(1) Upon the failure of an existing OSS within the service area of_a sewer utility,_thelocal health
24 officer shall:
25 (a) Permit the repair or replacement of the OSS only if a conforming OSS can be designed and
26 _ installed excluding OSS designed in compliance with or proposing to use Table X in WCC
27 24.05.0280.310 or
28 (b) Require connection to a public sewer system if the sewer utility allows the connection and
29 has adequate public sewer services are available within 200 feet effrom where the Feaideraee-er
30 facility, the health efficer, upen the failur-e of an existing en site sewage ,s+.,m shall
31 upbuMin drain connects to the p44lisexistin building sewer system. The distance shah be, or
32 where no building drain exists within 200 feet from where the sewer line begins, as measured along
33 the usual or most feasible route of access.
34 B-jLThe owner of a residence er ether fac4 -structure served by a Table Vil rep@'F, as descFibedin
-
35 WGC 2445470, shall an OSS permitted as a repair under Table X in WCC 24.05.-92-$-0.310 shall abandon
30
1 the OSS aeeE)Fdmng to the requiFements speeified in WCC 2 05 ton as specified in WCC 24.05:0300.340�
2 and connect the , 'd r -otherfae4ity structure to a public sewer system when:
3 4-Connection is deemed necessary to protect public health by the local health officer;
4 --2-.— b An adequate public sewer becomes available within 200 =feet of the residenceexistin
5 structure, or ether#0 feet from where the
6 sewer for the building .., begins, as measured along the usual or most economically feasible route of
7 access; and
8 2—. c The sewer utility allows the sewer connection.
9 C-.—T4e(3) Local boards of health efficer may require a new development to connect to a public sewer
10 system to protect public health.
11 P4i -_14) Local boards of health efficer shall require new development or a development with a failing
12 BOSS to connect to a public sewer system if it is required by the comprehensive land use plan or
13 development regulations- (Ord. 2006-056 Exh. A).
14
15 24.05.090UP Sewage technologies.
16 (1) The department shall maintain standards and guidance for local health officers to permit sewage
17 treatment and distribution technologies.
18 (2) Before the local health officer permits sewage technologies, the sewage technologies must be
19 registered for use as described in this chapter, have standards for use as described or referenced in this
20 chapter, or have DS&G describing sewage technologies uses as maintained by the department.
21 (3) The department may remove, restrict, or suspend a proprietary product's approval for use based on
22 failure to meet required standards or conditions of approval.
23
24 24.05.1000 Proprietary treatment products — Eligibility for registration.
25 (1) Manufacturers shall register a proprietary treatment product with the department using the process
26 described in WAC 246-272A-0120 before a local health officer may permit use of the product.
27 (2) To be eligible for product registration, manufacturers desiring to sell or distribute proprietary
28 treatment products in Washington state shall:
29 (a) Verify product performance through testing using the testing protocol established in Table 1
30 of this section;
31 (b) Report product test results of influent and effluent sampling obtained throughout the testing
32 period (including normal and stress loading phases) for evaluation of constituent reduction
33 according to the requirements in Table II of this section;
31
1 (c) Demonstrate product performance according to the requirements in Table III of this section.
2 All 30-day averages and geometric means obtained throughout the test period must meet the
3 identified threshold values to qualify for registration at that threshold level; and
4 (d) Verify bacteriological reduction according to WAC 246-272A-0130 for product registration
5 ... _._.... ___.utilizing bacterial levels BL1.BL2LBL3_
6 (3) Manufacturers verifying product performance through testing according to the following standards
7 or protocols shall have product testing conducted by a testing facility accredited by ANSI:
8 (a) NSF/ANSI Standard 40: Residential Wastewater Treatment Systems;
9 (b) NSF/ANSI Standard 41: Non -Liquid Saturated Treatment Systems;
10 (c) NSF Protocol P157 Electrical Incinerating Toilets - Health and Sanitation;
11 (d) NSF/ANSI Standard 245: Residential Wastewater Treatment Systems - Nitrogen Reduction; or
12 (e) NSF/ANSI Standard 385: Residential Wastewater Treatment Systems — Disinfection
13 Mechanics for Bacteriological Reduction described in WAC 246-272A-0130.
14 (4) Manufacturers verifying product performance through testing according to EPA Method 1664,
15 Revision B and using a wastewater laboratory certified by the Washington department of ecology shall
16 provide supporting information including flow data and influent and effluent quality sampling results
17 from a minimum of three installations with similar design loading to demonstrate product performance
18 to Category 2 standards.
19 (5) Treatment levels established in Table III of this section are intended to establish treatment product
20 performance in a product testing setting under established protocols by qualified testing entities. Field
21 compliance standards for proprietary treatment products shall follow the requirements in WAC 246-
22 272A-0120(5).
23 (6) Manufacturers may submit a written request to substitute components of a registered product's
24 construction in cases of supply chain shortage or similar manufacturing disruptions impacting
25 installations operation or maintenance. The substitution request must include a report stamped,
26 signed and dated by a professional engineer demonstrating the substituted component will not
27 negatively impact performance or diminish the effect of the treatment, operation, and maintenance of
28 the original registered product. If approved substitution is authorized until rescinded by the
29 department.
30
31
Tahle I
Testing Requirements for Proprietary Treatment Products
Treatment Component/Sequence Category Required Testing Protocol
32
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 level 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
incinerating** toilets).
Treatment Systems Versions dated between
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
Test Results Reporting Requirements for Proprietary Treatment Products
Treatment Component/Sequence
Category
Testing Results Reported
Category 1 Designed to treat septic tank
Report the following test results of influent and effluent
effluent anticipated to be equal to or less
sampling obtained throughout the testing period for
than treatment level E.
evaluation of reduction of CBOD52, and TSS:
o Average ❑ Standard Deviation
❑ Minimum ❑ Maximum
❑ Median ❑ Interguartile Range
❑ 30-day Average (for each month)
For evaluation of bacteriological reduction performance.
Report complete treatment component sequence testing as
described in Table III, Category 1.
For evaluation of performance meeting treatment level 131-1:
33
L) Report fecal coliform test results of influent and effluent
Ampling by geometric mean from samples drawn within 30-
av or monthlv calendar periods. obtained from a minimum
?) Report complete testing results for supplemental
acteriological reduction technology) when the requir
-eatment levels for fecal coliform in Table III, Category
of met by the primary proprietary treatment product.
For evaluation of performance meeting treatment levels 131-2
or BL3:
(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 as
described in WAC 246-272A-0130• or
(2) Report complete testing results for supplemental
bacterioloeical reduction technologvl when the required
treatment levels for tecal coliform in Table III, Category 1 are
not met by the primary proprietary treatment product.
For all options, test report must also include the individual
results 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.
Such as at restaurants, grocery stores,
n in i_m�r+c nrn„n kn — morlirol
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.
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.
34
1 1 Test results for BODS may be submitted in lieu of test results for CBODS. In these cases numerical
2 values for CBODS will be determined using the following formula: (BODS x 0.83 = CBODS).
3 2 Supplemental bacteriological reduction technology must be tested for influent/effluent fecal coliform
4 or E. coli per WAC 246-272A-0130 (bacteriological reduction testing protocol). Supplemental fecal
5 coliform or E. coli reducing technologies will be rated for log base 10 removal of fecal coliform or E. coli.
6 The lowest 30-day geometric mean will be used to rate reduction level. The highest monthly geometric
7 mean for treatment technoloev fecal coliform or E. coli reduction will be used as the baseline value for
8 review
10 Table III
Product Performance Requirements for Proprietary Treatment Products
Treatment
Component/Sequence
Category
Product Performance Requirements
Category 1 Designed to treat
Treatment
System Performance Testing Levels
effluent anticipated to be equal to
or less than treatment level E.
-
Level
Parameters
CBODS
TSS
m L
0&G
FC
col 100
TN
m L
E. coli
cfu 100
mg/L
mL
mL
A
10
10
--
--
--
--
B
15
15
—
--
--
--
C
25
30
1311
25
30
—
200
--
126
131-2
--
--
--
11000
--
--
131-3
--
--
--
50,000
--
--
E
228
80
20
--
--
--
N
--
--
--
--
30 (or 50% reduction
--
based on mass loading
35
as required in WAC 246-
272A-03201
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:
(1) All full test averages must meet Level E; and
(2) Establish the treatment capacity of the product tested in pounds
strength sewage when septic tank
effluent is anticipated to be
greater than treatment level E.
(Such as at restaurants, grocery
per day for CBODS.
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
Categories 1 & 2 (Above)
Test results must establish product performance effluent quality
meeting Level N, when presented as the full test average.
2 24.05.011 0 Proprietary treatment product registration — Process and requirements.
3 (1) Manufacturers shall register proprietary treatment products with the department by submitting a
4 complete registration application for review and approval in the format provided by the department,
5 including-
6 (a) Manufacturer's name mailing address phone number, email address, and website address;
7 (b) Contact person's name title mailing address email address, and phone number. The contact
8 _______ person must be vested with the authority to represent the manufacturer in this capacity;
9 _ (c) Name including specific brand and model, of the proprietary treatment product;
10 (d) A description of the function of the proprietary treatment product along with any known
11 limitation on the use of the product;
12 (e) Product description and technical information, including process flow drawings and
13 schematics; materials and characteristics; component design specifications; design capacity,
14 volumes and flow assumptions and calculations; components; dimensioned drawings and
15 photos;
36
1 (f) For treatment systems in Category 2 daily capacity of the model or models in pounds per day
2 of CBODS;
3 (g) Siting and installation requirements;
4 (h) Detailed description procedure and schedule of routine service and system maintenance
5 events;
6 (i) Estimated operational costs for the first five years of the treatment component's life. This
7 must include both estimated annual electricity costs, and routine maintenance costs, including
8 ^ Vvvv replacement of parts;
9 (j) Identification of information subject to protection from disclosure of trade secrets;
10 (k) Most current dated copies of product brochures and manuals: Sales & Promotional; Design;
11 Installation; Operation & Maintenance; and Homeowner Instructions;
12 The most recently available product test protocol dated no earlier than the dates in WAC 246-
13 272A-0110 Table I and the results report;
14 ,(m) A signed and dated certification by the manufacturer's agent specifically including the
15 following statement "I certify that I represent (INSERT MANUFACTURING COMPANY NAME) and
16 1 am authorized to prepare or direct the preparation of this application for registration. I attest,
17 under penalty of law, that this document and all attachments are true, accurate, and complete. 1
18 understand and accept that the product testing results reported with this application for
19 registration are the parameters and values to be used for determining conformance with
20 Treatment System Performance Testing Levels established in chapter 246-272A WAC".
21 (n) A signed and dated certification from the testing entity including the statement, "I certify
22that I represent (INSERTTESTING ENTITY NAME), that I am authorized to report the testing
23 —.results for this proprietary treatment product. I attest, under penalty of law, that the report
24 about the test protocol and results is true, accurate, and complete"; and
25 (o) The fee described in WAC 246-272-2000.
26 (2) Products within a single series or model line sharing distinct similarities in design, materials, and
27 capacities may be registered under a single application, consistent with the provisions of their test
28 protocol for the certification of other products within a product series. Products outside of the series or
29 model line must be registered under separate applications.
30 (3) Upon receipt of a registration application the department shall:
31 a Verify that the application is complete including dated and current copies of all of the
32 required manuals; and
33 (b) If approved place the product on the department's list of registered on -site treatment and
34 _. distribution products.
35 (4) All reeistrations are valid for up to one year, expiring on December 31st of each year. Fees are not
36 prorated.
37
1 (5) In order to renew a Droarietary treatment product technoloRv registration, a manufacturer shall
2 (a) Apply for renewal of product registration using the format provided by the department;
3 (b) Submit any of the following applicable reports:
4 (i) A retesting report from the testing entity according to the protocol required for ..........................
5 registration as identified in this section;
6 (ii) A field verification performance report as identified in the proprietary products
7 DS&G, dated the effective date of the rule. If field performance results demonstrate that
8 the product has failed to meet the requirements in the DS&G, the manufacturer shall
9 —
to the department describing the reasons for the failure to meet the
10 requirements consistent with the DS&G;
11 (c) Provide an attestation to the department verifying whether or not the product has changed
12 over the previous year. If the product has changed, the attestation must also include a full
13 description of the changes. If the product has changed in a way that affects performance, the
14 product may not be renewed and shall meet the requirements for initial registration;
15 (d) Provide a statement that all required dated manuals are current, or submit the updated and
16 dated new manuals: and
17 (e) Submit the fee established in WAC 246-272-2000.
18 (6) As part of product registration renewal, the department shall:
19 (a) Request field assessment comments from local health officers no later than October 31st of
20 each year. These comments may include concerns about a variety of field assessment issues,
21 including:
22 (i) Product function, including verification of field performance testing as identified in
23 the DS&G;
24 (ii) Product reliability: and
25 (iii) Problems arising with operation and maintenance;
26 (b) Discuss with the TAG any field assessment information that may impact product registration
27 renewal;
28 _ (c) Notify the manufacturer of any product to be discussed with the TAG, prior to discussion
29 ,,_..with the TAG, regarding the nature of comments received;
30 _.,.._„_....,,(d) Renew the product registration unless:
31 (i) The manufacturer of a product does not apply for renewal; or
32 (ii) The department, after deliberation with the TAG, concludes product registration
33 renewal should not be given or should be delayed until the manufacturer submits
34 information that satisfactorily answers concerns and issues; and
38
1 _ (e) Provide a compliance plan to the manufacturer within 90 days based on departmental
2 _ concerns of public health risk related to the product.
3 (7) The department shall maintain a list of proprietary treatment products meeting the registration
4 requirements established in this chapter. The product registration is a condition of approval for use.
5 (8) Manufacturers shall have readily accessible product information for designers, regulators,
6 OSS owners and other interested parties posted on the manufacturer's website including the most
7 current dated version of:
8 (a) Product manuals-
9 (b) Design instructions;
10 (c) Installation instructions;
11 (d) Operation and maintenance;
12 (e) Owner instructions; and
13 (f) How to locate a list of representatives and manufacturer certified maintenance service
14 providers, if any.
15
16 24.05.120190 Bacteriological reduction.
17 This section establishes the requirements for registering bacteriological reduction processes.
18 (1) Manufacturers shall for the purpose of product registration as described in WAC 246-272A-0110 and
19 246-272A-0120:
20 (a) For meeting treatment levels BL1 verify bacteriological reduction performance by sampling
21 for fecal coliform or E. coli.
22 (b) For meeting treatment level BL2 or BL3 verify bacteriological reduction performance by
23 _._._._.._._....--sampling for fecal coliform.
24 (2) All test data submitted for product registration shall be produced by an ANSI accredited, third -party
25 testing and certification organization whose accreditation is specific to on -site wastewater treatment
26 products. Bacteriological reduction performance must be determined either:
27 (a) According to the procedures in NSF/ANSI Standard 385 for supplemental bacteriological
28 reduction; or
29 (b) Concurrent with testing protocol. The treatment product or treatment component sequence
30 _ testing according to the NSF/ANSI Standard 40 testing protocol.
31 (3) Testing under subsection (2)(b) of this section shall be completed in compliance with the following
32 requirements:
33 _(a) Collect samples from both the influent and effluent streams, identifying the treatment
34 performance achieved by the full treatment process, component or sequence;
ICU
1 (b) Obtain influent characteristics falling within a range of 104 - 108 fecal coliform/100 mL or
2 102 - 106E. coli/100 mL calculated as 30-daV geometric means during the test;
3 _. (c) Test the influent to any disinfection unit and report the following at each occasion of
4 sampling performed in (d) of this subsection:
5 (i) Flow rate;
6 (ii) pH;
7 (iii) Temperature;
8 (iv) Turbiditv; and
9 ................___..__ v Color•
10 (d) Obtain samples for fecal coliform or E. coli analysis during both the design loading and stress
11 loading periods identified by NSF/ANSI Standard 40. Grab samples shall be collected from both
12 the influent and effluent on three separate days of the week. Each set of influent and effluent
13 grab samples must be taken from a different dosing time frame, either morning, afternoon, or
14 evening so that samples have been taken from each dosing time frame by the end of the week;
15 (e) Conduct analyses according to standard methods;
16 (f) Report the geometric mean of fecal coliform or E. coli test results from all samples taken
17 within 30-day or monthly calendar periods;
18 (g) Report the individual results of all samples taken throughout the test period design and
19 stress loading; and
20 (h) Report all maintenance and servicing conducted during the testing period, including for
21 example, instances of cleaning a UV lamp, or replenishment of chlorine chemicals.
22 (4) Manufacturers may register products in treatment levels BL1 and BL2 using disinfection.
23 (5) Manufacturers may not register products for treatment level BE using disinfection.
24
25 24.05.01340 Proprietary distribution products — Certification requirements.
26 (1) Proprietary distribution products, including gravelless distribution products and subsurface dripline
27 products must be registered with the department before permitting, sale, and use. To be eligible for
28 registration as described in WAC 246-272A-0145, products must first be certified as described in this
29 section.
30 (2) To be certified, proprietary gravelless distribution products shall:
31 (a) Be constructed or manufactured from materials that are non -decaying and non -deteriorating
32 and do not leach chemicals when exposed to sewage and the subsurface soil environment;
33 _ (b) Provide liquid storage volume at least equal to the storage volume provided within the
34 30 percent void space in a 12-inch layer of drainrock in a drainrock-filled distribution system.
40
1 This storage volume must be established by the gravelless distribution products, OSS design and
2 installation and must be maintained for the life of the OSS. This requirement may be met on a
3 lineal -foot or on an overall system design basis;
4 (c) Provide effluent distribution to the infiltrative surface at the soil interface; and
5 (d) Maintain the integrity of the trench or bed. The material used, by its nature and its
6 ufacturer-prescribed installation procedure, must withstand the physical forces of the soil
7 ----man sidewalls soil backfill and the weight of equipment used in the backfilling.
8 (3) Proprietary subsurface dripline products shall:
9 (a) Be warranted by the manufacturer for use with sewage and for resistance to root intrusion;
10 _ (b) Incorporate emitters with a maximum nominal rated discharge of 1.3 gallons per hour.
11 Emitter discharge rate may be controlled either by use of pressure -compensating emitters or
12 with a pressure regulator; and
13 (c) Be color -coded purple to identify that the pipe contains nonpotable water from a sewage
14 source.
15 (4) To be certified by the department, the manufacturer must submit:
16 (a) A signed and dated statement by the manufacturer's agent specifically including the
17 following statement "I certify that I represent (INSERT MANUFACTURING COMPANY NAME) and
18 1 am authorized to prepare or direct the preparation of this application for product registration. 1
19 attest under penalty of law, that this document and all attachments, are true, accurate, and
20 complete."
21 __. ._ (b) A signed and dated statement from the licensed professional engineer including the
22 statement "I certify that I represent (INSERT PROFESSIONAL ENGINEERING FIRM NAME), that 1
23 am authorized to certify the performance characteristics for the proprietary distribution product
24 presented in this application. I attest, under penalty of law, that the technology report is true,
25 accurate, and complete."
IM
27 24.05.1400-14 Proarietary distribution product registration — Process and requirements.
28 (1) Manufacturers shall register their proprietary distribution products with the department by
29 submitting a complete application for review and approval in the format provided by the department,
30 including:
31 (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
33_person must be vested with the authority to represent the agent of the manufacturer in this
34 capacity;
35 (c) Name including specific brand and model, of the proprietary distribution product;
41
I (d) A description of the function of the proprietary distribution product along with any known
2 limitations on the use of the product;
3 (e) Product description and technical information, including schematics; materials and
4 characteristics; component design specifications; design capacity, volumes and flow
5 assumptions and calculations; components; dimensioned drawings and photos;
6 (f) Siting and installation requirements;
7 (g) Detailed description, procedure and schedule of routine service and system maintenance
8 events;
9 (h) Identification of information subject to protection from disclosure of trade secrets;
10 (i) Most current, dated copies of product brochures and manuals: Sales & Promotional; Design;
11 Installation: Operation & Maintenance: and Owner Instructions:
12 (i) For gravelless chamber systems a quantitative description of the actual exposed trench-
13 bottom infiltrative surface area for each model seeking registration;
14 (k) A statement from a professional engineer that certifies the technology meets the standards
15 established in WAC 246-272A-0140•
16 (1) The fee established in WAC 246-272-2000.
17 (2) Products within a single series or model line, sharing distinct similarities in design, materials, and
18 capacities, may be registered under a single application. Products outside of the series or model line
19 must be registered under separate applications.
20 (3) Upon receipt of an application the department shall:
21 (a) Verify that the application is complete, including dated and current copies of all required
22 manuals; and
23 (b) If approved, place the product on the list of registered on -site treatment and distribution
24 products.
25 (4) All registrations are valid for uD to one vear, expiring on December 31st of each vear. Required fees
26 are not ororated.
27 (5) In order to renew a Droorietary distribution product registration, a manufacturer shall:
28 (a) Apply for renewal of product registration using the form or in the format provided by the
29 department;
30 (b) Provide an attestation to the department verifying whether or not the product has changed
31 over the previous year. If the product has changed, the attestation must also include a full
32 µJ description of the changes. If the product has changed in a way that affects performance, the
33 product may not be renewed and shall meet the requirements of initial registration;
34 (c) Provide a statement that all required dated manuals are current, or submit the updated and
35 dated new manuals; and
42
1 (d) Submit the fee established in WAC 246-272-2000.
2 (6) As part of product registration renewal, the department will:
3 (a) Request field assessment comments from local health officers before November 1st of each
4 year. These comments may include concerns about a variety of field assessment issues,
5 including product function product reliability, and problems arising with operation and
6 maintenance;
7 (b) Discuss with the TAG any field assessment information that may impact product registration
8 renewal;
9 (c) Notify the manufacturer of any product to be discussed with the TAG, prior to discussion
10 with the TAG regarding the nature of comments received;
11 (d) Renew the product registration unless:
12 (i) The manufacturer of a product does not apply for renewal; or
13 (ii) The department after deliberation with the TAG concludes product registration
14 renewal should not be given or should be delayed until the manufacturer submits
15 information that satisfactorily answers concerns and issues; and
16 (e) Provide a compliance plan to the manufacturer within 90 days based on departmental
17 concerns of public health risk related to the product.
18 (7) The department shall maintain a list of proprietary distribution products meeting the registration
19 requirements established in this chapter. The product registration is a condition of approval for use.
20 (8) Manufacturers shall have readily accessible product information for designers, regulators,
21 OSS owners and other interested parties posted on the manufacturer's website including the most
22 current dated version of:
23 (a) Product manuals;
24 (b) Design instructions;
25 (c) Installation instructions;
26 (d) Operation and maintenance,
27 (e) Owner instructions; and
28 (f) How to locate a list of representatives and manufacturer certified maintenance service
29 providers, if any.
31 24.05.150M Product development permits.
32 The health officer may issue a product development permit (PDP) for any single component or sequence
33 in accordance with WAC 246-272A-0170. (Ord. 2006-056 Exh. A).
IM]
I
2 24.05.090 Perk,-* 600290 Permit requirements.
3 fFA. PFi r to " ^ +h, - tr ctien ^ ss permit is not required for a des+g�minor repair.
4 The local health officer may require the owner to submit information regarding any activities defined as
5 a minor repair for recordkeeping purposes.
6 (2) Except for a minor repair, a person proposing the installation, repair, modification, connection to, or
7 expansion of an OSS, shall submit an application and obtain a permit from the local
8 health officer prior to beginning construction. The permit application must include the following4444e
9
10 4-jFGeneral information including:
11 a-jiZName and address of the property owner and the applicant at the head of each
12 page of submission;
13 43- ii Parcel number, property ID and ^ddFes , if available, the address and site ID;
14 E- iii Source of drinking water supply;
15 —_._d- iv Identification if the property is within the boundaries of a recognized sewer
16 utility;
17 e-FSize of the parcel;
18 . vi Type of permit for which application is being made,•,•-€e-r. For example, new
19 installation, _ _,__._._,_. _„_._.___repair, expansion, alteFatien, eF modification, operational;, as built or
20 tank only
21 —(vii) A permitted drainfield
22 g- viii Source of sewage; fer. For example, residential, restaurant, or other type of
23 business;
24 4- ix Location of utilities;
25 + jFName of the site evaluator, designer or professional engineer;
26 --Lxij Name, signature stamp of the designer or professional engineer, and date
27 W. .. _ .............paperwork was stamped adjacent to stamp;
28 }- xii Date of application; -aid
29 _. dam xiii Name and signature of the fee simple owner, the contract purchaser of the
30 _ property or the owner's authorized agent.
31 2-.bFThe soil and site evaluation as specified under WCC 24.05:0220.180;
32 _ (c) A dimensioned site plan of the proposed initial OSS, the reserve area and those areas
33 immediately adjacent that contain characteristics impacting design including:
44
1 (i) Designated areas for the proposed initial OSS and the reserve area;
2 (ii) The location of all soil logs and other soil tests for the OSS;
3 (iii) General topography, percent slope and direction;
4 (iv) Drainage characteristics;
5 _..._.. __. ___......__.Lv) Horizontal separations as noted in Table IV in WCC 24.05.D240.170i
6 (vi) The location of existing and proposed encumbrances affecting OSS placement,
... _.... W...........
7 including legal access documents if any component of the OSS is not on the lot where
8 the sewage is generated;
9 (vii) An arrow indicating north;
10 (viii) A legend of symbols used;
11 (ix) Plan scale and a graphic scale bar;
12 (x) Vertical datum used (such as "assumed " "North American Vertical Datum of 1988
13 (NAVD 88) " "National Shoreline Reference Station (NSRS)," or "unknown");
14 _ (xi) An elevation benchmark and relative elevations of system components;
15 (xii) Name signature stamp, and contact information of the designer; and
16 (xiii) A statement on limitation of use indicating the site plan is not a survey.
17 (xiv) Existing and proposed well with 50'and 100' radius;
18 (xv) Properly decommissioned well with 10 radius (the designer shall submit a
19 "decommissioned water well report" provided by a licensed well driller which verifies
20 that appropriate decommissioning procedures noted in Chapter ". 541-0 173-
21 160 WAC were followed);
22 _...___.._ _..__.� (xvi) Existing or ro posed water meter and lines;
23 __._...__._._ �xvii) Surface water and/or known wetland buffers as shown by approved/valid wetland
24 delineation.
25 (xviii) Include horizontal setback measurements between OSS components and
26 foundations/footing drains.
27 (xix) Include all proposed and existing building footprint dimensions (square footage),
28 impervious surfaces and any other site feature that may impact minimum land use.
29 (xx) Dimensioned drainfields in %foot increments.
30 __() A detailed BOSS design meeting the requirements under
31 WCC'"zT-.Q5-.1_4O- 24.05:023G.190, 24.05 G2.32.200 24.05: 2Lz .220, and 24.05:2- ,230 including:
45
1 ^ diR4eff&ie4+a4fij A drawing showing the dimensioned location of components of the
2 proposed OSS, __. __. and the system designed for the reserve area if reserve site
3 characteristics differ _ significantly from the initial area;
4 -la- ii Vertical cross-section drawings showing:
5 +-A The depth of the dispes#soil dispersal component, the vertical separation,
6 and _ w..__ _ depth ofse+4-cover material; and
7 40 Other new and existing OSS components constructed at the site;
8 e-(C) Pump and float elevations.
9 (iii) Calculations (showing work) and assumptions supporting the proposed design,
10 including:
11 +-(A) System operating capacity and design flow;
12 _ .__._ ..... ..Soil type;
13 _._ __.... :4-LaHydraulic loading rate in the esalsoil dispersal component;
14
15 4. Sweh(D) Waste Strength for non-residential developments;
16 (E) Pump specifications (TDH & GPM);
17 (F) Pump curve;
18 (G) Proprietary Treatment Product manufacturer worksheet.
19 ----(iv) All tank(s) x-sections and all components labeled within:
21 _..___.._ �Aj Septic Tank (i.e. outlet filter);
22��.). Pump Tank (i.e. pump and float(s) elevations;
23 (C) Proprietary Treatment Product Tank(s) (as allowed by manufacturer).
24 _ e An additional information as deemed necessary by the local health officer.
25 B-MThe local health officer may develop the information required in subsection (2) of this section if
26 authorized by local rules.
27 (4) The local health officer shall:
28 4 (a) Respond to an application within 30 days as required in RCW 70.05.074;
29 (b) Permit only public domain treatment technologies that are described in this chapter or in a
30 current DS&G•
31 (c) Permit only proprietary products that are registered by the department;
46
1 (d) Issue a permit when the information submitted under subsection AM of this section meets
2 _.._—the requirements contained in this chapter and in local rules;
3 _ ____ _..__2-.LeJ Identify the permit as a new installation, repair, expansion, modification, e-r-operational
4 permit or tank only;
5 _____ 3-(f) A permit expires in four years from the issue date. It can be renewed for one more year
6 after it expires, but the renewal must be approved by the health officer.
7 _ __(gl Include a reminder on the permit application of the apphc@ot'&2pplicant's right of appeal;
8 and
9 _�4 State(h) If requiring an operational permit, state the period of validity and the date and
10 conditions of renewal when ratienal permits +^ be ^b-tain^,- and ret Tied including any
11 required field compliance.
13 6. Respend +^ ^^ i An application within 30 days as required in orini :70 Qq 07
14 :7. Perwit enly publie domain teehrialegies that have WDOW R-S-21G. PeFnnit only proprietary products
15 shall expire 1 year from the list i
16
17 approved systems and preducts.
18 ,submission or medification of brekensubsequent
19 revision if no action has been taken by applicant or FnalfurietieRing building sewers, risers and
20 lids, sewage tank lids, sewage tank baffles, sewage tank pumps, pump control fleats, pipes cenneeti=rig
21 multiple sewage tanks, and OSS inspection boxes and ports where a sewage tank, treatment
22 comperient, er seil dispersal GORIperient dees net need te be replaeed. The health Ogieer require
23 the owner te designer of record to provide necessary information regarding these ^+;,,;
24 E)FdleepiRg ^ esfor WCHCS to make a decision.
25 -P-JaThe local health officer may revoke or deny a permit for just cause. Examples include, but are not
26 limited to:
27 _+-.11Construction or continued use of an OSS that threatens the public health;
28 -2- Misrepresentation or concealment of material fact in information submitted to the local
29 __,_health officer; or
30 _ �. ^.' r^ +^ meet (c) Noncompliance with the conditions of the permit, this chapter or the
31 many local rules.
32 E. Befere the n applicant fora permit 444 e�4-A44P-efto install an OSS to
33 serve mere than ^ n,+ „^lum ^ of sewa^ ^rservin� more than one development, the appheant shall
34 shew;
35 1. An appreved publiG entity emust submit an application that proves the OSS
36 (exemption may be allowed for primary dwelling and ADU):
47
1 (a) Is owned or managed in perpetuity;;-+ by a public entity-
2 fb) Is described in
3 covenant, lasting uRtil the eR site system is no longer needed, and cantaiRinga separate writing
4 including, but not limited to:
5 a. A ;eae;4ti4, an easement allawi , covenant, contract, or other legal document authorizing access for
6 construction, operation menitoring maintenance, ____...._and repair of the OSS; and
7 ,
8 maintenaRee, and Y of+he QSS
9 -P�-(c) If owned privately, it is adequately financed.
10 (7) The local health officer shall not delegate the authority to issue permits.
11 G-LaThe local health officer may stipulate additional requirements for a particular permit if necessary
12 fe-r-to protect public health pFeteetion.
13 44-j9)_The health officer shall notify any watersewer district, aewarwater district or city in which the
14 development or premises is to be located, a copy of the application for new construction or repair;
15 ._ The permit shall not be issued for at least 15
16 calendar days in order that the district or city be given the opportunity to provide public sewer services.
17 Upon notice by the district or city that they have no objection to issuance of permit, it may be issued
18 before the 15-day waiting period.
19 1. A permit shall expiFe thFee years from the date A-f issuanee. A pepmit may be renewed for ene year
20 by the health officer.
21 A- 10 After the permit is issued, any alteration of the approved design shall be approved by the health
22 officer in writing prior to the OSS installation. (Ord. 2006-056 Exh. A).
23
24 24.05AW170 Location.
25 1. OSS shall 4e ignbe designed and 4^&,,� a -GS--installed to meet- at least the minimum horizontal
26 separations shown in Table I, IV:
27
Table IV
Minimum Horizontal Separations:
From Sewage
From Building Sewer,
From €dgeedge of
T,-H4k ewage tank
Gellec=ienbuilding sewer, and
l
and
. Rperf.,rate�1
nlP;stributien
d �entsoil
distribution
!non perforated
Items Requiring Setback
dispersal
box
distribution pipe
component and
48
Reserve eareserve
area
4aeW e I I
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 water measured from
the ordinary high --water
mark2mark
200 ft.
200 ft.
100 ft.
SNonpublic drinking water
100 ft.
50 ft.
50 ft.
spring or surface water rased -as
drinking water seurce measured
from the ordinary high --water
markl
Nonpublic, in -ground, drinking
20 ft.
10 ft.
10 ft,
water containment vesse13
Pressurized water supply
4p,e3line or easement for water
supply line
10 ft.
10 ft.
10 ft.
Closed geothermal loop4 or
10 ft.
10 ft.
10 ft.
pressurized nonpotable water
line
Decommissioned well
(decommissioned in accordance
with Chapter 173 160 chapter
173-160 WAC)4
10 ft.
N/A
N/A
Surface water measured from
the ordinary high --water mark-.-
100 ft.
50 ft.
10 ft.
; Re water
0
&G=fu
48 ft.
49
Building foundation/in-ground
swimming pool
10 ft.-S
5 ft.-5
2 ft.
Property or easement dine
5 ft.
5 ft.
N/A
Lined stormwater detention
pond6
Down -gradient':
30 ft.
N/A
N/A
Up -gradient':
10 ft.
N/A
N/A
Unlined' stormwater infiltration
100 ft.
50 ft.
10 ft.
pond6 (up or down -gradient)'
Irrigation canal or irrigation
100 ft.
50 ft.
10 ft.
pond (up or down -gradient)
Interceptor/curtain
drains/foundation
drains drainage ditches-.
D ow n -g ra d i e 46gLa_dienf:
30 ft.
5 ft.
N/A
Up-gFadie4t6gEqdient2.
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 grad+e+�tC�gradient'
30 ft.
5 ft.
N/A
Up-gfed-ie+"gradient"
10 ft.
N/A
N/A
Down -gradient cuts or banks
with at least 5 ft. of original,
undisturbed soil above a
restrictive layer due to a
structural or textural change
25 ft.
N/A
N/A
50
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Down -gradient cuts or banks
50 ft.
N/A
N/A
with less than 5 ft. of original,
undisturbed- soil above a
restrictive layer due to a
structural or textural change
:iSilodispersal
10 ft.
N/A
N/A
components/subsurface storm
ilnfiltratien
water systems
serving a separate OSS
1. "Building sewer" as defined by the mest 6urrent editieR Rf the 1-Hiferm P 111 rfe rated distFilautiaH" iiieludes pressu�e
sewer transpe l '>
2-1 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.
-3- Fh e h e a 1 t approve-@seweF4raP6porI4Rewith 10 feet of a__water_s_upp4f4qe-if-the--sewer r s constructed in accordance h
1995,equivalent.
4. Before any di5peFsal eempeiient can be plaeed within 100 feet ef a well, the desigHer shall subm;t a "deeE)mrn;ss:ened water well Fepe.-II
Once tki"'"` eperly-ale ,
contaiRmeRt vessels er d; r;b on-bo*es-s4"d not be pla ed directly ever the
&he4meAtk�-officer may allow a educed her ZORtal separation to not le than4w-a4eet-wiiere-the-prope4oiiie, easement line, ^rbuilding
6-2 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 fremupon table or e layer.
A. `^'hPr^ 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.
5 Lined means any een4it4oe indicates 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.
26 (2) When conditions indicate a greater potential for contamination or pollution, the local health officer
27 may increase the minimum horizontal separations. Examples of such conditions include-, but are not
28 limited to, excessively permeable soils, unconfined aquifers, shallow or saturated soils, dug wells, and
29 improperly abandoned wells.
30 C-aThe local health officer may allow a reduced horizontal separation to not less than two
31 feet from where the DrODerty line, easement line, or building foundation is up -gradient.
32 (4) The local health officer may require an applicant to demonstrate the OSS meets (a), (b), or (c) of this
33 subsection when determining if a horizontal separation to a minimum of 75 feet between an OSS
34 dispersal component and an individu@l a water well, spring, or surface water
35 " system u,pen
36 appreva 1 by the health eff cer if the plicant demo nstratesthat is not a public water source is allowed:
51
1 4 a Adequate protective site -specific conditions, such as physical settings with low _hydro
2 ^^ hydrogeologic susceptibility from contaminant infiltration. Examples of such conditions include
3 evidence of confining layers , an aguatard that separates potable
4 water from the OSS treatment _zone, excessive depth to g�-wateFgroundwater, down -gradient
5 contaminant source, or outside the zone —,—of influence; or
6--(bj_Design and proper operation of an OSS system assuring -with enhanced treatment
7 performance beyond that _ _ accomplished by meeting the vertical separation and effluent
8 distribution requirements described in'^iC_r 24 n5 4�n(R) Table 11l Table VI in WCC
9 24.05.0230.190; or
10 3-Evidence the OSS satisfies the requirements of
11 a_L) and (fib) ofthis secti 9 n; n ubsection.
12
13 ef Wells, if applicable.
14 9-aPersons shall design armor install a soil dispersal component only woe- e :
15 __.�4-�The slope is less than 45- percent {or 24 _degrees l
16f bZThe area is not subject to:
17 a- iEncroachment by buildings or construction such as placement of 4;
18 power poles and underground utilities;
19 -b- ii Cover by impervious material;
20 e- ih Vehicular traffic; or
21 _ ...,__. E1 iv Other activities adversely affecting the soil or the performance of the OSS;.
22 3-c) Sufficient reserve area for replacement exists to treat and dispose ef-100one hundred
23 percent of the design flow;
24 _4-jd)_The land is stable; and
25 —_ S-Surface drainage is directed away from the site.
26 CE. . QSS shall be lee ed on the same let s the bu ;ldiPgs-t-hcy-,we-4 ee-,rb----•�I to ni.. r�
27 lat if a permanent easement for access, maintenance and repair is obtained and recof4ed-.
28 -FaThe local health officer may approve a sewer transport line within 48ten feet of a water supply line
29 if the sewer line is constructed in accordance with SeetiaHsection C1-9-.1 of the WI)OFLdepartment of
30 ecology's "Criteria f6FFOr Sewage Works Design," December 1°QQ.," 2008. (Ord. 2006-056 Exh. A).
31
32 24.05.140180 Soil and site evaluation.
33 A —Only professional engineers, designers, or t-4elocal health off-icerofficers may perform soil and site
34 evaluations. Soil scientists may only perform soil evaluations.
52
I B-jLThe person evaluating the soil and site shall:
2 4-(a) Report:
3_..... ..........................e-(i�A sufficient number of soil logs to evaluate conditions within:
4 �L�LThe initial esafsoil dispersal component; and
5 ._.... j.-fpjThe reserve area,.
6 ..__ ii The ground-w-atergroundwater conditions, the date of the observation, and the
7 probable maximum height;
8 iii The topography (contour lines or percent slope and direction) of the proposed
9 initial BOSS, the reserve area, and those areas immediately adjacent that contain
10 characteristics impacting the design;
11 _____cl- iv The drainage characteristics of the proposed initial B OSS, the reserve area
12 and those __,_,,,___,___,_____._..._......_._........____ areas immediately adjacent that contain characteristics impacting the
13 design;
14 _A - The existence of structurally deficient soils subject to major wind or water erosion
15 events such as slide zones and dunes;
16 vi The existence of designated fleedplaiRs and etherflood plains;
17 vii Other areas identified in the local management plan required in WCC
18 24.05.Q9-15.QLQ1_....
19 g viii The location of existing features affecting QSS placement, such as, but not
20 limited to:
21 __i-LZWeIIs
22 ++ jB Water sources and supply lines;
23 +++-Surface water and ste-H�stormwater infiltration areas;
24 W- DAbandoned wells;
25 _ . ____w-- LOutcrops of bedrock and restrictive layers;
26
27 v4--(F) Buildings. If the building is unknown, included drain field setback lines for
28 building foundations (include minimum up -gradient and down -gradient
29 horizontal setback lines between OSS components and building
30 fountain/foundation drains),
31 __..__....._........_..___.__ Property lines and lines of easement;
32 _ _ �r+i+ jH�lnterceptors such as footing drains, curtain drains-aR4, drainage ditches
33 and roof drain conveyance pipes;
53
1 +x I Cuts, banks, and fills; percent slope for cuts, banks or fills (include
2 minimurn horizontal setback line).
3 jlDrive ways and parking areas;
4 _x-+-Existing OSS; and
5 _+i-(L�Underground utilities;
6 ��Use the soil and site evaluation procedures and terminology in accordance with Chapter 5
7 of the-On-84esite Wastewater Treatment Systems Manual, EPA 625/R-00/008, February 2002-,-G+
8 lrar-eFSirn except ,,,_where modified by, or in conflict with, this chapter;
9 —Use the soil names and particle size limits of the United States Department of Agriculture
10—__--SefiNatural Resources Conservation Service classification system;
11 4-Determine texture, structure, compaction -Land other soil characteristics that affect the
12 treatment and water movement potential of the soil by using normal field apA�or laboratory
13 _ procedures such as particle size analysis; and
14 5- iClassify the soil as in Table �V:
15
16
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.
5
Very fine sands, loamy very fine
sands; or silt loams, sandy clay
loams, clay loams and silty clay
loams with a moderate or strong
54
1
2
3
4
5
6
7
8
9
10
structure (excluding platy
structure).
6
Other silt loams, sandy clay
loams, clay loams, silty clay
loams.
7
Sandy clay, clay, silty clay,
strongly cemented or firm soils,
Unsuitable for
soil with a moderate or strong
treatment or
platy structure, any soil with a
dispersal
massive structure, any soil with
appreciable amounts of
expanding clays.
CLLThe owner of the property or h+s-the owner's agent shall:
4= a Prepare the soil log excavation to:
a -(Allow examination of the soil profile in its original position by:
+-llExcavating 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 4+s -( sa oil
dispersal component; or
4-JEStopping at a shallower depth if a water table or restrictive layer is
encountered; -ate
11 _b- ii Allow determination of the sGW-ssoil's texture, structure, color, bulk density or ...................
12 compaction, water absorption capabilities or permeability, and elevation of the
13 highest seasonal water table; and
14 _._____ ..._ 2- Assume responsibility for constructing and maintaining the soil log excavation in a manner
15 to ___._,_,_~^du ee petential f^r physical rp event injury as required by Chapter 2Q6 I55chapter 296-155
C 16 WAby:
17 a -Placing excavated soil no closer than two feet of the excavation;
18 _- ii Providing a ladder, earth ramp or steps for safe egress to a depth of four feet, then
19 _ scoop out a portion from the floor to gain the additional two -foot depth
20 necessary to ___,___observe the six feet of soil face; however, the scooped portion is not to
21 be entered;
22 iii Provide a physical warning barrier around the excavation's perimeter; and
55
1 �— iv Fill the excavation after the health officer has made a decision
2 on the application.
3 D—. 4)_The local health officer:
4 4. a Shall render a decision on the height of the water table within 12-_months of receiving the
5 application under precipitation conditions typical for the region;
6 2— bj_) May require water table measurements to be recorded during the wet seas^^months of
7 probable high- water table conditions, if insufficient information is available to determine the highest
8 seasonal water table;
9 require any other soil and site information affecting location, design, or installation;
10 aQ4
11 _,,__ _ 4-. May reduce the required number of soil logs for OSS serving a single-family residence if
12 adequate soils information has previously been developed -,Land (Ord. 2006-056 Exh. A).
13 (e) May require another site and soil evaluation if the site has been altered since the initial site
...............................
14 and soil evaluation was submitted to the local health officer.
15 (f) Shall require primary drainfield area must be staked for design review. Reserve drainfield
16 area staking may be required by the health officer as needed.
17
18 24.05.440190 Design requirements - General.
19 A. On site sewage systems a., (1) OSS must only be designed by professional engineers, licensed under
20 Chapter I nR RQU site sewage treatment syst�m18.43 RCW or OSS designers, licensed under
21 Chapter 4Q 2104°C ..18.210 RCW, except:
22 9-.(a) If at the discretion of the local health officer, a resident owner of a single-family residence
23 not within 200 feet of a marine shoreline is allowed to design a conventional gravity OSS for the
24 residence; or
25 (b) If the local health officer performs the soil and site evaluation, the health officer may design
26 the OSS.
27 j21 The designer shall use the following criteria when developing a design for an OSS:
28 � All the sewage from the building served is directed to the OSS;
29..2 jbj Sewage tanks have been reviewed and approved by WD04are in compliance with chapter
30 246-272C WAC;
31 _,...,, — _�:� Drainage from the surface, footing drains, roof drains, subsurface stormwater infiltration
32 _ systems and other neRsevagenon-sewage drains is prevented from entering the OSS L the
33 area where the OSS is located and the reserve area-a-re4ecate4;
34 __..._..._..._._........+L. U. The OSS is designed to treat and disperse the sewage volume as follows:
60
I a-(iLFor single-family residences-,4 e:
2 (A) The operating capacity is based on 45 gpd per capita with two people per_
3 _ _,....,_ e room-1
4 (B) The minimum design flow per bedroom per day is the operating capacity of
5 90 gallons multiplied by 1.33-to account for a 33 percent surge capacity. This
6 ._._.._..._.....,_._..._ results in a minimum design flow of 120 gallons per bedroom per day -Ai
7 (C) The local health officer may require a factor greater than 8.33 percent to
8 — ---account for surge capacity FRay be required byt
9 (D) The minimum design flow of the health effieer.OSS is 240 gpd; and
10(E) The local health officer may require an increase of the design flow for______
11 _dwellings with anticipated greater flows, such as larger dwellings. The rAi-imum
12 desigH fiew 240 gaileRs Y4a,,.. or
13 _ �-b-(ii) For single-family residences with one additional dwelling served by the same OSS;
14 (A) All requirements in (d)(i) of this subsection apply;
15 (B) The minimum design flow for one additional dwelling is 120 gallons per
16 bedroom; and
17 (C) The local health officer may require an increase of the design flow for
18 TTSmy dwellings with anticipated greater flows; or
19 (iii) For three or more dwellings served by the same OSS:
20 (A) All requirements in (d)(i) of this subsection apply;
21 (B) The rninimum design flow for the first dwelling is 240 gallons per day;
22 (C) The minimum design flow for each additional dwelling is 120 gallons per
23 bedroom;
24 (D) The local health officer may require an increase of the design flow for
25 dwellings with anticipated greater flows; and
26 (E) The local health officer shall require documentation including, but not
27 limited to, an easement, covenant, contract, or other legal document
.......
.. ....__._..._.. ._.__.___.._..__ ...._.__.__...._
28 authorizing access for construction, operation, maintenance, and repair; or
29 iv For other facilities, the design flows noted in tie-"On-S#&site Wastewater Treatment
30 .,Systems Manual," USEPA, EPA--625/R-00/008, February 2002, ^f' si8n. 1
31 t pe of fac�i�ly is not listed in the EPA design rnanu�, design flews from one of the fo44Gw-1ng
32 ,
33 YebF ,^r„ 2002 sh must be used. Sewage _._..... __„__........_.........____...._....__.... ..... flows from other sources of information
34 may be used in determining system design --__flows if they incorporate both an
35 operating capacity and a surge capacity;
57
1 &-The OSS is designed to address sewage quality as follows:
2 a- i For all systems, the designer shall consider:
3 +-Lj�)_CBODS, TSS, and O&G;
4.............. _,_,._,,,,_,........ ......... _... _......... +i Other parameters that can adversely affect treatment anywhere along the
5 treatment- component sequence. Examples include pH, temperature
6 wand dissolved oxygen;
7 44-The sensitivity of the site where the OSS will be installed. Examples
8 include areas where fecal coliform constituents can result in public health
9 concerns, _ such as shellfish growing areas, designated swimming areas,
10 and other areas , _.... _....._._...._____.._.__ identified by the local management plan required in
11 WCC 9,24.05G015.070;
12 W-ll Nitrogen contributions. Where nitrogen has been identified as a
13 contaminant of concern by the local management plan required in
14 WCC 24.05-O-1.5.070 it&#al4must be addressed
15 through lot size-apd{er, treatment, or both.
16_ ,..._ ii For OSS fertreating sewage from a nonresidential
17 sewagesource, the designer shall provide to -the. ___ effieerfollowing
18 information showing:
19_.............._......._..._....___.............._...._.__.. _.._........___..._.` 1nfE)rmatien + ,h. w+h. _ A The sewage is not industrial wastewater;
20 _ f at )n to establish the gees st* r . B) The sewage effluent quality
21 and 4dert4fyidentifying chemicals found in the sewage _ th-at-effluent are not
22 found in sewage effluent from a residential sewagesource; and
23 __._. _._.._. 4 ". (C) A site -specific design providing the necessary treatment equal to
24 thategualing required eftreatment of sewage effluent quality from a
25 residential sewage -source;
26 vertical separation to be used to establish the treatment levels and application rates.
27 The --selected vertical separation s4a4k must be used consistently throughout the design process -Land
28 4- Treatment levels:
29 _.—___________ji-LRequirements for matching treatment component and method of distribution with
30 _,,,,,_„__,,,_soil conditions of the soil dispersal component are listed in Table 444-V1 of this section.
31 Thetreatment levels correspond with those established for treatment components
32 under mmthe product performance testing requirements in 24v-X7tA 414 .Table III
33 of WCC 24.05 M-9.100. The —,----.-,---method of distribution applies to the soil dispersal
34 component.
35 �ii-Disinfection may not be used-te:
36 A To achieve +hn tea; n
58
1 (A) TFea+w,^^* levels ^BL1 or-BBL2 in Typetype 1 soils; or
2 (B)-_BL3
3 Table VI
4 Treatment level G-Component Performance Levels and Method of Distribution'
Vertical
Soil Type
Separation
in
Inphesinches
1
2
3J 6
12 < 18
A--- & BL1
B— & BL2
B— & BL2
pressure
pressure with
pressure with
with timed
timed dosing
timed dosing
dosing
->_18 < 24
B— & BL2
B---C & BL3
9--C & BL3
pressure
pressure with
pressure with
with timed
timed dosing
timed dosing
dosing
->->_24 < 36
B--- & BL2
C --- & BL3
E,-
pressure
pressure _with
pressure :with
with timed
timed dosing
timed dosing
dosing
>,_>_36 < 60
B--- & BL2
E- pf-esstwe.
E--
pressure
Pressure with
gravity
with timed
timed dosing
dosing
:,- >_60
C--
E---
E--
—gravity
BL2
gravity
Pressure
with timed
dosing
'--The treatment component performance levels correspond with those established for treatment
components under the product testing requirements in WAC 246 2: 2A-o11-0- 246-272A-0110.E
I taThe coarsest textured soil within the vertical separation selected by the designer shall determine
2 determines the minimum treatment level and method of distribution.
3 B--j4LThe local health officer.
4 ;
5 2. Shall shall not approve designs for:
6 _Ja—LCesspools; or
7 _Ab-LSeepage pits,.
8 -3- AAayt5 The local health officer may approve a design for the reserve area different from the design
9 approved for the initial OSS, if both designs meet the requirements of this chapter for new construction.
10 (6) Designs must conform to and include the following: The drawing paper size shall be 8 1/2 inches by
11 11 inches up to a maximum paper size of 11 inches x 17 inches and a scale of one inch equals 20 feet, 30
12 feet or 40 feet. On larger parcels, a scale may be used up to one inch equals 60 feet for the project;
13 provided that an inset of the OSS is shown at one inch equals 20 feet, 30 feet or 40 feet; and
14 (a) the inset's distances to at least two intersecting property lines are labeled; and
15 _ (b) the inset's distance to major setback distances are labeled (i.e., wells, creeks, lakes, etc.).
16Very large parcels may show remaining site features up to one inch equals 100 feet scale.
17 _ (c) Shall require all pages of OSS application/design be numbered.
1961
19 24.05.200 Design requirements — Septic Tank Sizing.
20 Septic tanks &4a4must:
21 j1-)Have at least two compartments with the first compartment liquid volume equal to one-half to two-
22 thirds of the total liquid volume. This standard may be met by one tank with two compartments or by
23 two single compartment tanks in series.
24 j2-) Have the following minimum liquid volumes:
25 (a) For a single-familv residence use Table VII:
�e p#ic Taal
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
>s
4 4 OW
Each add;t ena1
2-58
bedroom
Table VII
Required Minimum Liquid Volumes of Septic Tanks
Number of Bedrooms
Required Minimum
Liquid Tank Volume in Gallons
<4
11000
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.
_____„_WLBe equipped with an approved effluent filter unless excluded by requirements of a
proprietary treatment design at the outlet.
................._�-LejBe designed with protection against floatation and ground water intrusion in high ground
---water areas.
4,44,T (3) Comply with chapter 246-272C WAC.
61
1 24.05.210 Design requirements —Pump chambers.
2 (1) All pump chambers, except pump basins, must be designed to meet the following requirements:
3 (a) Have a minimum liquid eapaeitie&volume of 1,000 gallons;
4............... .........._......, .
5 Tate ks:
6 -2-.-(b) Provide an internal volume to account for the design flow, full-time pump submergence, space
7 for sludge accumulation below the pump inlet and emergency storage volume of at least 75
8 percent of the design flow;
9 (c) Follow any applicable DS&G or proprietary product design manual for all OSS components
10 included in the DumD chamber: and
11 (d) ComDly with chapter 246-272C WAC
12 (2) For the purposes of this section, "pump basin" means a watertieht receptacle that contains a Dum
13 to convey sewage from a limited use area that is separate from the main wastewater sewer pipe leaving
14 a structure, to the main treatment component of an OSS; typically much smaller than a pump chamber
15 and separate from the main sewer pipe due to elevation restrictions. Pump basins are intended for
16 limited, specialized uses, and not intended as a replacement or substitute for a pump chamber. Pump
17 basins must be in compliance with chapter 246-272C WAC.
18 (3) Be designed with protection against floatation, ground water intrusion, and surface water inflow in
19 high ground water areas; and
20 3. Be designed with a pump seFeen, unless an approved effluent filter is designed at the outlet ef the
21 _,cnt;r- tArnk:
22 G-
23 24.05.220-Design R s requirements —Soil Dispersal Cem ene4#sdispersal components.
24 11-LAII soil dispersal components, except one using a subsurface dripline product, &h44-must be
25 designed to meet the following requirements:
26 __ja-LMaximum hydraulic loading rates shall be based cm the rates described in Table VVIII.
27
28
29
Table VIII
Maximum Hydraulic Loading Rate
Table V Column A Column B
HydFauk
Loading Rate
M
Loading Rate for
Residential Effluent
Loading Rate for
Meeting Treatment
Residential Septic
Level C & 131-3 or Higher
ing Tank Effluent Us
Effluent Quality Using
Gravity or Pressure
GFavity or Pressure
Distribution
Distribution
Soil Textural Classification
Soil Type
Description
gal./sq. ft./day
gal./sq. ft./day
1
Gravelly and very gravelly coarse
1.0
1.2
sands, all extremely gravelly soils
excluding- those with soil types 5
a+A& 6 as the non -gravel portion,
all soil types with greater than or
equal to 90% rock fragments.
2
Coarse sands.
1.0
1.2
3
Medium sands, loamy coarse
0.8
1.0
sands, loamy medium sands.
4
Fine sands, loamy fine sands, sandy
0.6
008
loams, loams.
5
Very fine sands, loamy very fine
0.4
0.56
sands; or 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,
0.2
0.2
clay loams, silty clay loams.
7
Sandy clay, clay, silty clay and
Netsu;tableUnsuitable
Unsuitable
strongly cemented firm soils, soil
with a moderate or strong platy
structure, any soil with a massive
structure, any soil with appreciable
amounts of expanding clays.
)-Calculation of the absorption area is based on:
(i-LThe design flow in subsection R of this s^e+;^n;WCC 24.05.0-30.]90.), and
63
1 (ii-)_Loading rates equal to or less than those in Table V-VIII of this section as applied to
2 the infiltrative surface of the soil dispersal component or the finest textured soil
3 within the vertical separation selected by the designer, whichever has the finest
4 texture. The installer shall submit decumentatien that fill material eariforms to required sieve
6 (c-LRequirements for the method of distribution shill must correspond to those in- WCC 24.05.
7 0230, Table WVL
8 jd-LSoil dispersal components having daily design flow between 1,000 and 3,500-_gallons of
9 sewage per day s�must:
10 (i-LOnly be located in soil types eRe through five_'L-5-
11 (ii-LOnly be located on slopes of less than 30-_percent, or 17 _degrees; and
12 (iii-LHave pressure distribution including time dosing.
13 -2-.(2) The local health officer may allow the maximum hydraulic loading rates in Table VIII of this section.
14 Loading rates identified in Column B must not be combined with any dispersal component size
15 reductions.
16 (3) All soil dispersal components using a subsurface dripline product must be designed to meet the
17 following requirements:
18 tea. The absorption area- calculation is based on:
19 (i—LThe design flow in `^184 2nf_2:72n_m2(4WCC 24.05 4-230.1992); and
20 (ii—)_Loading rates that are dependent on the soil type, other soil and site characteristics,
21 and the spacing of dripline and emitters as directed in Table VIII of this
22 section;
23 (b. The dripline must be instali2a-a-LA minimum- installation of six inches into original,
24 undisturbed soil;
25 (c-)_Timed dosing; and
26 (d. OSS having da4VL)DpaijIy design flows greater than 1,000-_gallons of sewage per day:
27 (i-Ma-y-) Located only he lasted in soil types one #«1=5;
28 (ii. Ma*) Located only on slopes of less than 30-_percent, or 17_degrees;_
29 Shall have pressure distribution.
30 3-:L41 All SSAS shall must meet the following requirements:
31 ja-LThe infiltrative surface may not be deeper than three feet below the finished grade, except
32 under special conditions approved by the local health officer. The depth of such system &ha-f
33 must not exceed 10_feet from the finished grade;
34 (b-LA minimum of six inches of sidewall must be located in suitable soil;
64
I jc. SSAS bee& Beds are only designed in soil types one, two, e-1, 2, 3 or in fine sands with a
2 width not exceeding 10-_feet. Gravity beds must have a minimum of one lateral for every three
3 feet in width,-
4 id -)_Individual SSAS laterals greater than 100 _feet in length are temust use pressure
5 distribution;
6 (e-) A laver of between 6 and 24 inches of cover material; and
7 (f) Other features shallmustconform with the ""On-S#esite Wastewater Treatment Systems
8 Manual," "—SPY„ United States Environmental Protection Agency EPA_625/R-00/008; February
9 2002, or later version except where _modified by, or in conflict with, this section or local
10 rules.
11 4-Pe-rLaSSAS with drainrock and distribution pipe must meet the following requirements:
12 TyVelve of three fourths inch to twe And one-half washed, ele@R gravel, covered with a
13 layer f t ,tile f Y ntienal gravity distribution;•
14 b. Nine inches of three fourths inch to twe and one h-Alf. inch v.gashed, Glean gravel, covered with a layer
15 ef geet xt•i for ti al pressure distribution;
16 (a) A minimum of two inches of drainrock is required above the distribution pipe;
17 d. The (b) A minimum of six inches of drainrock below the distribution pipe; and
18 (c) Location of the sidewall below the invert of the distribution pipe is located in original
19 undisturbed soil.
20 -5. The health affiGeF may inerease the lead q Hg rate in Table V up to a factor ef twe fer seil types one
21 through four and up to a factor of ene and one half for soil types five and six If a product tested to meet
22 .
23 6. The primary and reserve areas:
24
a. The primary and reserve areas must be sized to at least 100 pereent of the leading ra+---
25
26 the (6) The local health officer may allow
27 the infiltrative surface area
28 requirement t he ,revel p din a SSAS to include six inches of the SSAS sidewall height when meeting
29 the required absorption area where total recharge by annual precipitation and irrigation is less than
30 12 inches per year.
31 (7) The local health officer may permit OSS consisting of septic tanks and a gravity SSAS in soil type 1 if
32 all the following Ee�n-scriteria are met:
33 a- (a) The OSS serves a single-familv residence;
34 (b) The lot GappGt met size is two and one-half acres or larger;
65
1 (c) Annual precipitation in the region is less than 25 inches per year from a reputable source
2 approved by the local health officer;
3 (d) The OSS is located outside the 12 counties bordering Puget Sound; and
4 (e) The geologic conditions beneath the dispersal component must satisfy the minimumiar}�
5 and reserve area unsaturated depth requirements du, —to tie groundwater as determined by the
6 local health officer. The method for determination is described by "Design Guideline for Gravity Systems
7 in Soil Type 1," 2017.
8 (8) Both the primary and reserve areas must be sized at least 100 percent of the approved loading rates
9 . The local health officer may require the sizing of
10 the reserve area using the loading rate in Table VVIII of this ehapter-,section. Column A must be used
11 when sizing the primary area using Column B.
12
13 U. The d reserve areas are suffirieRt t allow installatioR of an 55 9 using maximum leading
14 rates 44.49 gallons per square feet per day f9F medium sand, 0.9 gallens per square feet per day
15 ;
16 i i i. A. t r PAI .... ent product meeting at least treatment level D and pressure distribution with tim
17 dosing is ed.
18 24.05.230-Design Rem+iFements=requirements—Facilitate Operation, MeniteFiftoperation,
19 monitoring and Main€e3atance.maintenance.
20 j1-)_The OSS must be designed to facilitate- routine operation, monitoring and maintenance according
21 to the following criteria:
22 (a-LForgravity systems, septic OSS:
23 (i) Sewage tank access for maintenance and inspection at finished grade is required. I#
24 effluent filters are used, access to the filter at finished grade is required. TheThe local
25 health officer may allow access for maintenance and inspection of a
26 a septie-s a e tank and gravity flew ccnc to be a maximum of six inches below
27 finished grade, provided a marker showing the location of the tank access is installed at
28 finished grade.
29 (ii) Each SSAS lateral must include at least one observation port installed in a
30 representative location in order to facilitate SSAS monitoring.
31 ____ ___Ab-LFor all other &yste QSS, service access and monitoring ports at finished grade are required
32 for all system components. Specific component requirements include:
33 (i. ;
34 +i-LSeptic tanks must have service access- maintenance holes (formerly manholes -)-and
35 monitoring ports for the inlet and outlet. ,
1 44- ii Surge, flow equalization or other sewage tanks must have service access
2 manholesmaintenance holes;
3 +v iii Other pretreatment units {such as aerobic treatment units and packed -bed filters)
4 must have service access ^^,,,a,,he;es maintenance holes and monitoring ports;
5 v (iv) Pump chambers, tanks and vaults must have service access Manhelesmaintenance
6 holes;
7 vi- (v) Disinfection units must have service access and be installed to facilitate complete —
8 maintenance and cleaning, including an easy -access, freefall sampling port; and
9 vi-i - vi Soil dispersal components4h-&4-, excluding subsurface drip, must have
10 monitoring ports for both distribution devices and the infiltrative surface.
11 (c-)_For systems using pumps, clearly accessible controls and warning devices are required
12 including:
13 Ji-j_Process controls such as float and pressure _activated pump on/off switches, pump-
14 run timers and process flow controls;
15 jii-)_Diagnostic tools including dose cycle counters and hour meters on the sewage
16 stream, or flow meters on either the water supply or sewage stream; and
17 jiii-)_Audible and visual alarms designed to alert a resident of a malfunction. The alarm
18 must be placed on a circuit independent of the pump circuit.
19 (d) The buildine sewer must have a cleanout with a screw cap for service access;
20 J2-. LAI1 accesses must be designed to allow for monitoring and maintenance and shall be secured to
21 minimize injury or unauthorized access in a manner approved by the local health officer. (Ord. 2006-056
22 Exh. A).
23
24 24.05.-l-9240 Holding tank sewage systems.
25 A. PeFsens sha4(1) A person may not install or use holding tank sewage systems for residential
26 development or expansion of residences, whether seasonal or year-round, except as set forth under
27 subsection 9W of this section.
28 B- aThe local health officer may approve installation of holding tank sewage systems only:
29 4- (a) For permanent uses limited to controlled, part-time, commercial usage situations, such as
30 recreational vehicle parks and trailer dump stations-.,-
31 2 (b) For interim uses limited to handling of emergency situations.. or
32 -3- (c) For repairs as permitted under WCC 24.05 a281.310.
33 Q-j3)_A person proposing to use a holding tank sewage system shall:
34 4- (a) Followes#a44s4�ed design criteria established by�A14GH he department;
67
1 -2:-j1Submit am a nage me nt program tothe local health officer assuring ongoing operation,
2 monitoring and maintenance before the local health officer issues the installation permit; and
3 -3- (c) Use a holding tank reviewed and approved by WDQH.the department. (Ord. 2006-056 Exh.
4 A).
5
6 24.05.4-49250Installation.
7 A. The health efficer shall Feq iFe appFe ed 1 Onl installers teor employees of installers may construct
8 OSS, except as noted under subsection -RM of this section. Lieensed installers shall me
9 ents efWGC 24.05.220(A).
10 -B-jLThe local health officer may allow the resident owner of a single-family residence not adjaee+rtto
11 install the OSS when:
12 _ _ (a)Adequate knowledge and installation capacity is demonstrated to
13 install the ncc fl,Y+hatthe health officer such as through the completion of the WCHCS homeowner
14 installation exemption process
15 (3) The local health officer may allow the resident owner of a single-family residence if they R;ee+ -.i'to
16 install the fel4ew*RgOSS except when:
17 1. The ncc iRstalieF awns h (a) The primary and reserve areas are within 200 feet of marine water;
18 (b) The primary and reserve areas are within 100 feet of surface water;
19 (c) The installation permit meets Table X standards in WCC 24.05:92-90.310;
20 (d) The resident owner does not own or have a beneficial interest as a contract purchaser of the
21 land on which the OSS is to be installed;
22 __ _2 - The OSS is eithernot located on the same lot as the residence or situated on adjoining
23 property ____controlled by the resident owner and legally listed as an encumbrance;-wA
24 3. The nccinstaller ill 'd e in.. nor use the building seF nd by the OSS. persons engaged in
25 the business of buying, selling and constructing homes or land shall nat qualify. The health 94meeF may
26 apply for self-
27 installation..
28 C. All persens employe d +„ RS+rH G+ ;nStaII „ aI+eF a sewage disposal
29 employees f lie d ins_
30 B-(g) The installation permit consists of a Proprietary Treatment Product or subsurface drip system.
31 (h) A WCHCS homeowner install exemption packet is required
32 (3) The installer described by either subsection Aj11 or 4M of this section shall:
33 4- (a) Follow the approved design;
34 •2-- (b)Have the approved design in possession during installation;
1 3- (c) Make no changes to the approved design without the prior authorization of the designer
2 and the local health officer;
3 4-LdLOnly install septic tank , pump chambers, and holding sewage tanks approved by
4891tthe department consistent with chapter 246-272C WAC;
5 (e) Be on the site at all times during the excavation and construction of the OSS;
6 4- (f)install the OSS to be watertight, except for the soil dispersal component;
7 7- (g) Cover the installation only after the local health officer has given approval to cover; and
8 g-fW_Back fill with s+x6 to 24-_inches of cover material and grade the site to prevent surface
9 water from accumulating over any component of the OSS. (Ord. 2006-056 Exh. A).
10
11 24.05.4.-59260 Inspection and- ree-e.rd- -drawing
12 A For all activities requiring a permit, the local health officer shall- inspect the OSS. The local health
13 officer shall:
14 4-- (a) Visit the OSS site during the site evaluation, construction, or final construction inspection..
15 3- Either inspect the OSS before cover or allow the licensed designer or liceRsed eRgiReeF of
16 the OSS to perform the inspection before cover if the designer is not also named as installer of
17 the system -.Land
18 3-- (ci Keep the record drawings on file with the approved design documents.
19 (2) Prior to any inspection, the local health officer or inspector authorized by the local health officer
20 shall coordinate with the OSS owner to obtain access. When the owner does not authorize access the
21 local health officer may follow the administrative search warrant procedures in RCW 70A.105.030 to
22 gain access.
23 (3) For any OSS located on a single property serving one dwelling unit on the same property, the local
24 health officer shall not require a property owner to grant inspection and maintenance easements as a
25 condition of receiving a permit.
26 (4) During the final construction inspection, the local health officer or the designer of the OSS must
27 confirm the OSS meets the approved design.
28 (5) To comDly with the reauirements of WCC 24.05:02-70.280 (1)(e) or (k), an inspection must include, at
30 (a) Inspection and evaluation of:
31 (i) The status of all sewage tanks including baffles, effluent filters, tank contents such
32 water level, scum, sludge, solids, water tightness, and general structural conditions;
33 (ii) The status of all lids, accesses, and risers;
1 (iii) The OSS and reserve area for any indicators of OSS failure or conditions that may
2 impact system function, operation or repair; and
3 (iv) Any other components such as distribution boxes;
4 (b) A review of the record drawing and related documents, if they exist, including previous
5 reports to confirm the system is operating as designed; and
6 (c) Any proprietary products following the procedures of the accepted operations and
7 maintenance manual associated with those products.
8 (6) Evidence of an OSS property transfer inspection as required in WCC 24.05.92-7-Q.280 (1)(k) must be
9 provided to the local health jurisdiction on a form approved by the local health officer, including at a
10 minimum:
11 (a) All applicable information frorn subsection (5) of this section;
12 (b) The address of the property served by the OSS;
13 (c) The date of the inspection;
14 (d) The permitted type and design flow for known OSS; and
15 (e) Verification that the record drawing is accurate, if it exists, or an OSS site plan showing the
16 location of all system components relative to structures and prominent site features.
17 (7) A local health jurisdiction may require an additional inspection report, or additional information, for
18 an inspection required under WAC 246-272A-0270(1). The person responsible for the final construction
19 inspection shall assure the OSS meets the approved design.
20 9- Prior to covering the newly installed OSS, the installer shall notify the health officer and the
21 designer that the system is ready to be inspected. If any portion of the work is covered before it is
22 inspected and approved, the same shall, when ordered, be uncovered by the installer prior to
23 inspection.
24 C. All reeard drawings shall be prepared by lieensed designers er licensed engineers. Record draw'Rg&
25
26 QSS,
29
30 24.05.-270 Record drawings
31 Upon completion of new construction alteration or repair of the OSS, the OSS owner shall dev-e a+�
32 submit- a complete and detailed record drawing *^ 3et4 r-prepared by a licensed designer or
33 professional engineer to the local health officer prior to permit final approval or final
34 occupancy of a new construction that includes at a minimum:
70
1 f1-LMeasurements and directions accurate to plus or minus one half±L- 1 2 foot, unless otherwise
2 determined by the local health officer, is assure so that the following parts of the OSS can be easily
3 located:
4 (a-LAII sewage tank openings requiring access;
5 fb-LThe ends, and all changes in direction, of installed and found buried pipes and electrical
6 cables that are part of the OSS; and
7 (c-LAny other OSS component which, in the judgment of the- local health officer or the
8 designer, must be accessed for observation, maintenance, or operation;
9 f2-LLocation and dimensions of -the reserve area;
10 f3-LRecord that materials and equipment meet the specifications contained in the design;
11 f4-Llnitial settings of electrical or mechanical devices that must be known to operate the system in the
12 manner intended by the designer or installer; and
13 f5—)_For proprietary products, m^n.if;c+-,r^-r'Finanufacturer's standard product literature, including
14 performance specifications and maintenance recommendations needed for operation, monitoring,
15 maintenance or repair of the OSS. (Ord. 2006-056 Exh. A).
16 (6) Final approval and occupancy may not be approved if pending documentation has not been received_
17 by WCHCS.
18 (7) Existing OSS may require a record drawing if site conditions have changed.
19
20 24.05.1490280 Operation, monitoring, and maintenance — Owner responsibilities.
21 A- 1)_The OSS owner is responsible for pr-o 4y-operating, monitoring, and maintaining the OSS to
22 minimize the risk of failure, and to aecomplish this purpose shall:
23 4- (a) Request assistance from the local health officer upon occurrence of a system failure or
24 suspected system failure;
25 (b) Obtain approval from the local health officer before-refaair+r►g:
26 0) Repairing, altering-Lor expanding an OSS; as required by WCC 24.05.02-00.160; or
27 a. All systerris whiGh were legally permitted at time of install-atie.p. aipid v.dhic-Ah. aa.re P. Ast c-i-i-reRtly
28 due to failing a-nd/or broken cempeRent parts to be repaired to functionality. Also see
29 WGC 24 05 non(C).
30 -2-. (ii) Before beginning the use of anv newly constructed OSS;
31 (c) Secure and renew contracts for periodic maintenance where if required by the WGHPlocal
32 health jurisdiction;
33 3- (d) Obtain and renew operation permits if required by the WC-i DIacal health jurisdiction;
71
1 n Usure R completeevaluation of the system components - nd/or (e) Obtain an inspection, as
2 required in WAC 246-272A-0260(5) by a maintenance service provider authorized by the local health
3 officer of all OSS and property to determine functionality, —maintenance needs and compliance
4 with this chapter and local rules, and any permits. " report of system status shall b e pl + d at
5
6 5. Assure subsequeRt evaluations of the system and/er property are eempleted as fallavvs�
7 a- (i) At least once every three years for all s„st m unless more frequent inspections are
8 specified by the local health officer, for all OSS consisting solely of a se Ak- e a e tank
9 and gravity SSAS;
10 4-- (ii) Annually for all other sus OSS unless more frequent inspections are specified by
11 the local health officer;
12 497 (iii) Submit the results of the inspection to the local health jurisdiction, using a form
13 approved by the local health officer and in compliance with WCC 24.05:42.60.260 (5);
14 (f) Employ an approved pumper to remove the septage from the tank when the level of solids
15 and -----scum indicates that removal is necessary;
16 () Provide -ongoing maintenance and -complete any needed repairs to promptly return the
17 _system OSS to a proper operating condition;
18 (h) Protect the OSS area and the reserve area from:
19 a- (i) Cover by structures or impervious material;
20 -b- (ii) Surface drainage, and direct drains, such as footing or roof drains. The drainage must
21 be directed away from the area where the OSS is located;
22 (iii) Soil compaction #er. For exa-mp4eexample by vehicular traffic or livestock; and
23 4- (iv) Damage by soil removal and grade alteration;.
24 9 (i) Keep the flow of sewage to the OSS at or below the approved operating capacity and sewage
25 quality;
26 4707(i) Operate and maintain systenns QSS as directed by the local health officer; and
27 !1. Request assistance from t4we health officer upon eeGurrepce of a system failure or suspected systepA
28 fa+4
29 1-2. Ensu.re that a euFrent report of systern status by a lieensed O&M specialist is eR file with VJA(;�
30 when a p opeFty with an QSS is offered for sale;
31 43- (k) At the time of property transfer, provide_
32 (i) Provide to the buyer a copy of the current report of systern status en file with
33 all available OSS maintenance- and repair records, in
34 addition to the completed seller disclosure statement in accordance with
35 Chapte-.64-.-06chapter 64.06 RCW for residential real property transfers...,
�a
1 -B-. (ii) Beginning February 1 2027 obtain an inspection, as required in WCC 24.05.0260.260
2 (5)by a third -party inspector authorized by the local health officer. The local health
3 officer --may:
4 (A) Remove the requirement for an inspection at the time of property transfer if
5 the local health jurisdiction has evidence that the OSS is in compliance with (e)
6 of this subsection and the OSS was inspected by a third -party inspector
7 authorized by the local health officer;
8 (B) Verify the results of the property inspection for compliance with WCC 24.05.
9 0260• and
10 (C) Require additional inspections and other requirements not listed in WCC
11 24.05:02-60.2601
12 Liii) Beginning February 1 2027, obtain an inspection of proprietary treatment products
13 per the product manufacturer recommendations, as required in WCC 24.05.02-60.260,
14 by a third -party inspector authorized by the focal health officer. The local health officer
15 may:
16 (A) Remove the requirement for an inspection at the time of property transfer if
17 the local health iurisdiction has evidence that the OSS is in compliance with (e)
18 of this subsection and the OSS was inspected by a third -party inspector
19 authorized by the local health officer;
20 (B) Verify the results of the property inspection for compliance with WCC 24.05
21 0260; and
22 (C) Require additional inspections and other requirements not listed in WCC
23 24.05.02-60.260•
24 (iv) Submit the results of the inspection and any additional information or reports
25 _ required by the local health officer, to the local health jurisdiction, using an inspection
26 _ _ report form approved by the local health officer. The focal health officer may require a
27 compliance schedule for repair of a failure discovered during the property transfer
28 inspection.
29 (v) An unoccupied/uninhabited property/residence may not be re -occupied when
30 WCHCS staff has verification of a failed OSS until a repair/replacement has been
31 approved and - - - completed.
32 (2) A person may not:
33 (a) Use or introduce strong bases, acids or chlorinated organic solvents into an OSS for the
34 purpose of system cleaning;
35 (b) Use an OSS additive unless it is specifically approved by the department;
36 (c) Use an OSS to dispose of waste components atypical of sewage from a residential source, or
73
1 (d) Use any remediation process or activity unless it is approved by the local health officer and is
2 -.____-in compliance with WCC 24.05:92-7-9..300.
3 (3). OSS owners may perform their own OSS evaluation in accordance with subsection Csection 1 of this
4 section except for the following:
5 (a) 4-OSS technologies that are listed as proprietary on the Washington State DOH list of
6 registered on -site treatment and distribution products where the contract with the private
7 proprietary manufacturer prohibits homeowner evaluations;
8 (b) Community drainfields;
9 (c) 3--Nonconforming replacement systems that do not meet vertical and horizontal separation
10 installed as a result of a system failure;
11 (d) 4-.OSS serving food service establishments-L
12 (e) All non -single family residences (SFR's).
13 (4) OSS owners who choose to perform their own evaluations shall complete O&M homeowner training
14 as approved by the health officer. Upon completion of training, OSS owners may perform their own
15 evaluations until property transfer. In cases of hardship, the health officer may approve the
16 homeowner's selection of a designee who has completed the appropriate class to perform the
17 evaluation. If OSS owners are discovered to be noncompliant with this section, the health officer may
18 proceed with legal remedies in accordance with Chapter 24.07 WCC.
19 (5) 4-.OSS owners found to have submitted a false report in which an evaluation was not completed or
20 the system status was misrepresented when in fact it is in failure shall have their homeowner
21 certification revoked and must have all subsequent evaluations performed by a licensed 0&M specialist.
22 (6) -'-The health officer shall perform random audits of homeowner evaluations to ensure compliance.
23 OSS evaluations must be completed by a licensed O&M specialist if the OSS owner does not permit an
24 audit inspection.
25 D. Persons shall Rot:
26 1. Use eF intFeduce strong bases, acids 9F ehieFinated eFganic solvents into an QSS for the pHFpE)Se E4
27 system ele
28 2. Use a sewage system additive unless it is specifically approved by WPQH; eF
29 3. Use an QSS to dispose of waste components atypical of residential wastewateF.
30 (7)-The health officer shall require annual inspections of OSS serving schools and food service
31 establishments and may require pumping as needed. (Ord. 2017-010 Exh. A; Ord. 2010-009 Exh. A; Ord.
32 2008-015 Exh. A; Ord. 2006-056 Exh. A).
33
34 24.05.290 Operation monitoring, and maintenance - Food service establishments.
35 (1) The local health officer shall require:
74
1 (a) Annual operations and maintenance inspections bV a certified O&M professional; and,
2 (b) Annual waste strength sampling
3 (2) The local health office may require:
4 (a) Existing food service establishments may be required to upgrade OSS to address waste strength
5 and daily design flow upon change of menu, change of use or change of ownership.
A
7 24.05.300 Remediation.
8 (1) The local health officer may establish a program and requirements for reviewing and approvin
9 remediation activities.
10 (2) Remediation must not:
11 (a) Result in damage to the OSS;
12 (b) Result in insufficient soil treatment in the zone between the soil dispersal component and
13 the --------highest seasonal water table, restrictive layer, or soil type 7; or
14 (c) Disturb the soil in or below the soil dispersal component if the vertical separation
15 requirements of WCC 24.05-. 2-39.190 are not met.
16
17
111"M
19 24.05.44031000 Repair of failures.
20 A -When an OSS failure occurs; the QSS suHerlocal health officer shall:
21 (a)
22 Allow an OSS to be repaired using the least costly alternative that meets standards and is likely
23 ---- ------------- to provide comparable or better long-term sewage treatment and effluent dispersal
24 outcomes;
25 (b) Permit an OSS meeting the requirements of in Table ` II either on +h ;
26 a. Property served) or
27
28 -2—.X of this section only if the OSS has failed and the f'.,nnP_.et the sid Re r {-ru;+„
29 . o bliGl„ owned i OSSj or
30 h, Privately owned LOSS where it is deerned-eeonernically feasible; or
31 e. Pub G+
75
1 1 o .fA.F, fth following when Fecluirements i bsectien (A)(,) er (A)(2) of this section are not
2 feasible:
3
4
b. Obtain a Natienal Discharge Eliminatien System er state discharge permit fFem the WDQE-
5 issued te a publie entity arjointly to a public entity and the system E)wneF enly when the hP-A-.lth A-ffiC---e+
6 d�eter„*n
7 An QSS is net feasible; and ;i. The enly Fealistie methed- ef final disposal ef treated effluent is discharge te the surfA-r--P- A-f the .1-An
g fW +
10
11
12
13
14 Installation of a conforming system is net p^ssible 4o'OSS or component; or
15 2—. (ii) Connection to either an approved LOSS or a public sewer :ss P^ ;e.
16 (c) Identify repair permits meeting the requirements in Table IX of this section for the purpose of
17 tracking future performance;
18 (d) Give first priority to allowing repair and second priority to allowing replacement of an
19 existing conventional OSS consisting of a septic tank and drainfield, with a similar conventional
20 OSS;
21 (e) Evaluate all unpermitted sewage discharges to determine if they pose a public health threat.
22 If determined by the local health officer to be a public health threat, the local health officer shall
23 require a compliance schedule;
24 (f) Report failures within 200 feet of shellfish growing areas to the department; and
25 (g) Not impose or allow the imposition of more stringent performance requirements of
26 equivalent OSS on private entities than public entities.
27 (2) The local health officer may:
28 (a) Require a compliance schedule forfailures discovered during property transfer inspections;
29 (b) Allow a repair of a failure using ASTM C-33 sand or coarser as fill to prevent direct discharge
30 of treated effluent to groundwater, surface water, or upon the surface of the ground if the
31 vertical separation is less than 12 inches.
32 (3) The OSS owner shall notify the local health officer when there is a failure and indicate which
33 methods will be used to address the failure in accordance with Table IX of this section:
IZ:
I (a) The owner may use option D only if the local health officer determines options A through C
2 are not feasible and may use option E or F only if options A through D are not feasible.
3 (b) For options A through F the owner shall develop and submit information and obtain a
4 permit as required under WCC 24.05.0200.160prior to any repair or replacement of an OSS on
5 the property served or a nearby property if the owner obtains an appropriate documentation
6 including but not limited to an easement, covenant, contract, or other legal document
7 authorizing access for construction, operation, maintenance, and repair.
8 (c) If options A through F are not feasible, the owner shall discontinue use of the OSS, abandon
9 the OSS according to the requirements in WCC 24.05:--9300.340, and cease all sewage generating
10 activities on the property. (Ord. 2006-056 Exh. An T� r� r r�,tii f r+ti ,rtr �ti�n
11 locate and design repairs to.'
12 1. Meet the requiFemeRts ef Table 1.111 if the effluent treatment and sed &peFsal eempeReHt te be
13
14
15
17
18
Table IX
19 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 924g,170—
The soil dispersal component to be repaired or replaced complies with the treatment level
_2.
and dispersal method requirements in Table VI of WCC 24.05 J240.1901
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.
C
Connect the residence or facility to a:
1. Publicly owned LOSS;
77
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.
1 1 The tFeatment compenent peFfE)FmaRGe levels eeFFespeRd with these established fE)FtFeatMeRt
2
3
4 ,
5 well, eF ta he used as a potable wateF seurGe, eF beaeh wheFe shellfish aFe haFvested, the next
6 .
7
8 and- .;;n individual water well, individual spFiRg, neRrnariRe surfaee water eF surfaGe W_AtP_.r th-At "S PA-t-4
9 Public water seuree and a vertical separation efgreateF than 12 inehes, a eenferming system that
10 complies with WCC 24 g5 9rlrllrl h- p h ;-stalled if feasib i
11 2. Protect drinking water seurces and
12 (4) When there is an OSS failure, the OSS designer shall:
13 (a) Evaluate the causes of failure prior to designing the repair or replacement of the OSS;
14 (b) Prevent the direct discharge of sewage or treated effluent to groundwater, surface water, or
15 upon the surface of the ground;
16 (c) Meet the horizontal separations under WCC 24.05.G240.170_(1) to public drinking water
17 sources;
18 (d) Protect all drinking water sources, shellfish harvesting areas, and water recreation facilities
19 designated for swimming in natural waters;
20 3— (e) Minimize nitrogen discharge in areas where nitrogen has been identified as a contaminant of
21 concern in the local management plan under WCC 24.^� 05AD 24.05:09, 5.070-
22
23 greta ,
78
1.c-crr M eTt the harizental separatiensunder W(;G 24 05 I nn(A) to public .dFinkinwater
r,
2 b-(f) Not use disinfection to achieve fecal coliform or E. Coli requirements in Table X of this
3 section to meet:
4 (i) Treatment levels 131-1 or BL2 with less than 18 inches of vertical separation; or
5 (ii) Treatment levels 131-1 or 131-2 in type 1 soils; or
6 NO Treatment level 1313.
7 (g) Minimize impact of phosphorus discharge in areas where the local health officer has
8 identified phosphorus as a contaminant of concern in the local management plan under WCC
9 24.05-.00-5.070;
10 (h) Locate and design repairs meeting the requirements in Table X of this section if the effluent
11 treatment and soil dispersal component to be repaired or replaced is closer to any surface
12 water, well or spring than prescribed by the minimum separation required in Table IV of WCC
13 24.05 0,2-1-4.170 (1);
14 (i) Design any nonconforming OSS using pressure distribution with timed dosing in the
15 soil dispersal component; and
16 CI) Meet all other design requirements of this chapter to the maximum extent permitted by the
17 site;, to maximize the:
18 7. Maximize tl ,,:
19 a- (i) Vertical separation;
20 -b- (ii) Distance from a well; or spring, or suction line; and
21 c- (iii) Distance to surface water.
22 F- Prior fe desigHirig the repair systeR�, the designer shall eensmeler the GoRtributing faGwrs Af thp f;;il
23 t A- P-Rahle the repair to address idp-Rt;f;ed causes.
24 F. if the vertical separation Is less than 12 inches, the health officer may permit ASTM C 33 sand or
25 ,
26 or upoR the surface f the , rid.
27me.— -I I able VII, disinfection
28 coliferm requirements to rneet�
29 4- (ik) Include conforming reserve drainfield area unless site conditions do not allow for it.
30 (kf) Table X repairs do not allow for increased building footprints or additional buildings that
31 may reduce minimum land use.
32
33 Table X
79
1 Treatment I l ^orRivhPirpthn less than 1 Q inchn gf ; r44- ' - +an ^
2 2 T.Q in +....a n nils• n
3 3.-T:cat nem+rec
4
5
6 1 An Component Performance Levels for Repair of OSS ig a Table `nl repair—*.+f
7
9 Not Meeting Vertical and
10 peirmitHorizontal Separations)
11
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&
—
BL1
131-1
BL1
BL1
131-1
BL1
BL1
131-1
BL1
131-2
131-2
BL2
A&
A&
A&
A&
B&
B&
A&
B&
B&
>12<18
—
BL1
—
BL1
BL1
—
131-1
—
131-2
—
131-2
—
BL1
—
131-2
—
131-2
Conforming
A&
A&
A&
A&
B&
B&
A&
B&
B&
>_18<24
—
BL1
—
BL1
—
131-1
—
131-1
—
BL2
—
131-2
—
BL1
—
BL2
—
131-2
OSS
A&
B&
B&
B&
B&
B&
B&
B&
C&
>_24<36
—
BL1
—
BL2
—
131-2
—
BL2
—
131-2
—
131-2
—
131-2
—
131-2
—
BL3
—
A&
B&
B&
B&
C&
C&
B&
C&
C&
>_36
BL1
BL2
131-2
BL2
BL3
BB
1312
BL3
BL3
_
1 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 41-?0.100.
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 b70.1.70 (4) shall be installed if feasible.
:1
1 24.05.320 Minor repair of malfunctions.
2 The local health officer:
3 (1) Shall require the minor repair of a malfunction to a functioning state;
4 (2) May require a permit for a minor repair of a malfunction; and
5 (3) May require the OSS owner to submit information regarding minor repairs of a malfunction.
6
7 24.05.488-330_Expansions.
8 A-SThe local health officer shall require an OSS and a reserve area in full
9 compliance with the new system construction standards specified in this "^^chapter for
10 an- OSS expansion of a residenceA-+hp-r
11 B. Any necessary permits fer the sewage dispesal system repair er censtruction must -be i-s-sued
12 .
13 C. r e 2 A local health officer may allow expansion of an existing an site sewage system adjacent to
14 OSS within 200 feet of a marine shoreline that does not meet the minimum horizontal separation
15 between the soil dispersal component and the ordinary high _water mark required by WCC'^.n�a-
16 24.05 P219.170 TableI� provided? that:
17 --LaIThe s -OSS meets all requirements of WCC "'.^�-�.. 24.05.02230.190,
18 24 05-42-32.200 24.05 0,2234 220 and 24.05:02--38.230;
19 -2- (b) The sy -OSS complies with all other requirements of WCC 24.05 1^n And 24.05:02-10.170
20 and this section;
21 3-Horizontal separation between the soil dispersal component and the ordinary high --water
22 mark is _50 =feet or greater; and
23 4- (d) Vertical separation is two feet or greater- (Ord. 2006-056 Exh. A).
24 (3) Any necessary permits for the sewage disposal system repair or construction must be issued prior to
25 building permit application approval.
26 (4) Reserve drainfield designation is required to expand the footprint of the existing development for all
27 previously permitted and unpermitted OSS.
28
29 24.05.41_8-340 Abandonment.
30 Persons permanently abandoning a septic -sewage tank, seepage pit, cesspool, or other sewage
31 container4-e - Ge-shall:
32 A-SHave the septage removed by an approved pumper; and
33 B-.(2) Perform one of the following:
81
1 (a) Remove and dispose of sewage tanks and other components in a manner approved by the
2 local health officer; or
3 (b) Leave the sewage tanks and components in place. Remove or destroy the lid; if possible and
4 C. Fi11 fill the void with soil or gravel..; and
5 (3) Grade the site to the surroundings (Ord. 2006-056 Exh. A).
6
7 24.05.28A-350 Septage management.
8 A person removing septage from an OSS shall obtain approval from the local health
9 officer before removal and:
10 (1) Transport septage or sewage only in vehicles clearly identified with the name of the business and
11 approved by the local health officer;
12 (2) Record and report septage removal as required by the local health officer; and
13 (3) Dispose of septage, or apply septage biosolids to land only in a manner consistent with applicable
14 laws.
15 (4) A company owner shall be approved by the health officer as a qualified pumper before removing
16 septage from an OSS. Licensed pumpers shall meet all requirements of WCC "'. .2-9(24.05.038-50
17 L9).
18 4-JaPersons removing septage from an OSS shall:
19 4-)Assure that the truck septage tank will be fully closed and watertight. The tank outlet
20 device _shall have a locking device properly placed to ensure sanitary dumping and to prevent any
21 ,spillage or leakage of sewage. The suction hose shall be constructed of readily cleanable
22 _ material and shall be kept in a clean and sanitary condition.
23 2. Assuire that eaeh vehicle used by a lieensed purnper for servicing OSS systerns shall b-e.
24
with a sign reading, "Whateom County Health Department license No. The lett'. .
25 and numbers of said sign shall he aff;xed on beth sides of each vehiele, at least one inch On height and in
26 a eentrasting color to the vehicle color.
27 -3-Record and report septage removal to the health officer by the 5th business day of each month
28 on a WCHCS approved form. Septage removal records shall be made available to the __health officer
29 upon request to verify volumes of septage pumped in Whatcom County.
30 4-Lc�Dispose of septage at permitted facilities, or apply septage biosolids to land at permitted
31 facilities, only in a manner consistent with applicable laws.
32-j6Zlntermediate septage holding tanks shall meet the permit requirements of WCC 24,95To°o-
33 24.05.-0.2-00.160.
34 operational permits shall be required for intermediate septage holding tanks.
1 (7) Non-compliance with this section may result in license suspension or revocation.
2 (Ord. 2006-056 Exh. A).
3
4 24.05.240-360-Developments, subdivisions, and minimum land area requirements.
5 A. A person proposing the development shall ebtain approval from the health offiCeP prior tG any
6 develeppAent where the use of OSS is proposed.
7 1 Prior to approving any development, the local
8 health officer shall:
9 1. Site evaluations as required under WCC
10
11 a. Configuratien ef each let te allow a 100 feet radius water supply proteetieR ZGRe to fit V.'IthpA the
12 des; e w
13 ;
14 (a) Require site
15 evaluations under WCC 24.05:022G.180;
16 (i) Provide at least enetwo soil Ieglogs per proposed lot, unless the health 4iGeF
18 (b) Require information @lle s fewer `oil logs;
19 4. PeteFrnonatien of the m4nimurn let size er minimumconsisting of field data, plans, and reports
20 supporting a conclusion that the proposed land area is sufficient to:
21 (i) Install conforming OSS,
22 (ii) Preserve reserve areas for proposed and existing OSS; and
23 (iii) Properly treat and dispose of the sewage;
24 (c) Require information demonstrating that the proposed development will minimize adverse
25 public health effects frorn the accumulation of contarninants in groundwater and surface water;
26 (d) Determine the minimum land area required for the development using
27 Fnethec#-UJable XI of this section, or the alternative methodology in Table XII of this section. The
28 local health officer may require larger lot sizes than the minimum standards established in Table
29 XI or Table XII of this section;
30 ,
31 sewage, she.. lot size- required per single family
32 evelepments,
33
lot si es where the health offir-e-r-
83
Table XI
4 Minimum Land Area Requirement for Each Single -Family Residence or Unit Volume of Sewage and
5 Minimum Usable Land Area
11
Type of Water Supply
Soil Type (defined by WCC ' 0},24.05:8-22-9,180)
1
2
3
4
5
6
Minimum
Land Area
Public
Water Supply
0:21,780 sq.
ft.
(.5 acrej
12,50000
sq ft
4-516,000
sq. ft.
3-919,000
sq. ft.
-021,000
sq. ft.
2 23,000 sq.
ft
2.5 acres'
Nonpublic
Water Supply
1.0 acre
1.0 acre
1.0 acre
1.0 acre
2.0 acres
2.0 acres
2.5 acres'
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 24.05:0234.220 (6).
Table XII
7 Maximum Allowable Total Nitrogen (TN) Load Per Day by Type of Water Supply, Soil Type, and Land
8 Areal
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
0.360.600.49
0.410.37
0.34
Nonpublic
mg per sq. ft.
1.9
1.9
1.9
1.9
0.9
0.9
Ibper acre
0.180.180.180.180.090.09
!Based on 60 mg/L TN and 360 gal/day OSS effluent.
�As defined in Table V in WCC 24.05:022-0.1.80.
84
1
(e) Require
all proposals not meeting the minimum land area proposal using methed 11 is acceptable only
2
when
the desert
3
;,. jast*fie�requirements in Table XI of this section to demonstrate the proposal through a written
4
analysis of theproposed development:
5
;
6
(B) Area
drainage and or let drainage;
7
(C;) Pub4c
(i) Minimizes adverse impacts to public health en ground and, surface
8
water,
or groundwater quality;
9
,
10
(F) Source
of domestic wat r•
11
{F
(ii) Considers:
12
(A) Topography, geology, and ground cover;
13
{
(B) Climatic conditions;
14
*1}
(C) Availability of public sewers; and
15
ti17 Activity
r land use, p ese 4 (D) Present and anticipated;
16
(j) Gra+land use and growth patterns;
17
;
18
n) Anticipated
sewage I
19
(iii) Complies with current planning and zoning requirements;
20
—
21
(iv) Does not exceed the nitrogen;
22
,
Estimated
leading from OSS te existing and,-,u-rfa�
23
(P)
nitrogen effluent ground
24
(Q) Any
ether information required by the health officer.
25
Shows
development with public water supplies
26
(A) At
least 12,50() square feet letpergle_family res-kie+ -e.
half sewage day acf��Gprnents other
27
(B) Pie
Fnere than three and ene unit v4urnes of per per
28
than single
family and
residences;
29
30
4
85
1 (P) Shows, limit per land area under surface water is Hot included in the minim-HRA land area
2 cafculatienas identified in Table XII of this section; and
3 5. Regardless of which method- 1*5 u1sed for determining required rnink:nuM lot siZeS OF MiniMUM land
4 area, subHq*tt@l *A- the -hp-alth officer ef information consisting offield data, plans, @Rd reports suppe
5
10 E. The health officer shall require let areas of 12 inn (v) Does not allow new lots smaller than
11 13,000 square feet if served by nonpublic water supplies;
12 (f) Require minimurn land area of 13,000 square feet or larger, except when a peFSE)R
13 prepese-sproposal includes:
14 4- (i) OSS within the boundaries of a recognized sewer utility having a finalized assessment.
15 roll; or
16 ii A planned unit development with--.
17 a. A signed, notarized, and recorded deed covenant restricting any development of lots
18 or parcels above the approved density with the overall density meeting the minimum
19 land area requirements of (d) or (e) of this subsection iR11 -1 - thhisin +;^^;in perpetuity
20 or until the OSS is no longer needed as identified in WCC 24.05.0209.160 (6);
21 b- A- (g) Require that developments other than single-family residences:
22 (i) Meet the minimum land areas required for each unit's volume of sewage;
23 (ii) Do not exceed 3.35 unit volumes of sewage per day per acre if served by public
24 water supplies; and maintenance of the ncc or a single
25 ind+vW6-1
26 (iii) Do not exceed 1.0 unit volume of sewage per day per acre for nonpublic water
27 supplies; and
28 (h) Require that the OS,& use of a reduced -sized dispersal component does not result in a
29 reduction of the minimum land area requirements established in this section.
30 c. Management requirements under Chapter 246 272P kAAI.G--,.yhe.n n-qt--Iling a LOSS; and
31 d. ExtinguishmeRt of the deed cevenant and higher density development allowed only when the
32 development connects to p +b4c-��
33 D. The (2) The local health officer shall require the following prior to approving any subdivision:
34 (a) A recommendation for approval as required by RCW 58.17.150;
0
1 (b) Where a subdivision with nonpublic wells are proposed:
2 (i) Configuration of each lot line to allow a supply protection zone to fit within the lot
3 lines; or
4 (ii) Water supply protection zones on more than one lot when the person proposing the
5 subdivision or development provides a copy of a recorded restrictive covenant to each
6 property that is sited partially or completely within the water supply protection zone;
7 (iii) Water supply protection zone of at least 100 foot radius for each existing or
8 proposed well site.
9 (3) The local health officer may:
10 11. ANIRSIA' i-ACEII-I.SiOR of the area to the eentedine A-f a FA -ad- R-F street Fight of way in a Met-ed .11
11
12
13 (a.
14 h— The read e F street rights ef way are dedieated as part of the pFapesed development; and
15 P— Let-,; are -at least 12,500 square feet in Size�'
16 -2—.LRequire detailed pletsite plans and OSS designs prior to final approval of subdivision proposals;
17 3— (b) Require larger land areas or lot sizes to achieve public health protection;
18 4-jc�Prohibit development on individual lots within the boundaries of an approved subdivision
19 if the proposed OSS design does not preteet public health by neet 4gmeet the requirements of
20 these regulatfe-44-sthis chapter; and
21 5-. LLPermit the installation of an OSS, where the minimum land area requirements or lot sizes
22 in Table XI of this section or maximum total nitrogen in Table XII of this section cannot be met,
23 only when all of the following criteria are met:
24 a—SThe lot is registered as a legal lot of record created prior to the effective date of the
25 erd+h e-eedifie-H' OR this rha^+^rule;
26 laii The lot is e�tsid2not within an area identified 49yin the local management plan
27 developed under WCC'^.^-� 05:9158-- 24.05:-DO-1-5.070 where minimum land area a--h3,e^nis
28 listed as a design parameter necessary for public health protection; and
29 s- iii The proposed s4e+4OSS meets all requirements of this chapter ether than mi^; a-aaPA-a-r-ea-
30 E. Thewithout the use of a Fedueed-siz SSAS , ees net provide f r a red eti n it the
31 . . rn land area requirements. Site development incerperating reduced size SSAS
32 taa requirements established in t �".a�te= (waiver
33 under WCC 24.05.94 -0.410.(Ord. 2006-056 Exh. A).
KAI
1 24.05.370 Approval of installers, pumpers and maintenance service providers.
2 (1) OSS installers pumpers and maintenance service providers shall obtain approval from the local
3 health officer prior to providing services including but not limited to, conducting inspections in
4 accordance with WCC 24.05.0260.260 and 24.05.G270.280, within a local health jurisdiction.
5 (2) The local health officer shall establish procedures for approving OSS installers, pumpers,
6 and maintenance service providers no later than February 1, 2025. These procedures must include, but
7 are not limited to conducting inspections in accordance with WCC 24.05.02-6G.260 and 24.05:02,70.280.
8 The local health officer may approve OSS installers pumpers, and maintenance service providers
9 through reciprocity by other Washington local health jurisdictions.
10 (3) The local health officer may establish a homeowner OSS inspection certification process.
11
12 24.05.2—IA380 Licensing.
13 I A: -The applicant for an installer's license shall provide the following:
14 _ (a1�: Application for an installer's license shall be made on forms provided by the health officer.
15 Application fees shall be paid at the time of application.
16 The health officer shall determine by written and/or oral examination the applicant's
17 knowledge of public health problems involved in the treatment and dispersal of sewage and
18 necessary standards of design, construction and installation. If the applicant does not receive a
19 passing mark of -7875 percent in any such examination, the applicant shall be denied a license
20 and cannot retake the exam for 1 month.
21 �� ,�_._ _f c31: The installer's license shall expire on December 31st. Fees are not prorated. The applicant
22 shall apply for renewal on forms provided by the health officer.
23 _(d4�. One continuing education tPA&unit shall be required every three yea-Fsannually for
24 license renewal. The applicant ,__shall provide proof to the health officer that continuing education
25 courses were attended either __by the license holder or a designated qualified professional emple
26 �_��: Before the issuance of an installer's license, the applicant shall file with the health officer
27 satisfactory evidence demonstrating that said installer is a registered contractor as provided by
28 Chapter 19.2718.27 RCW and has the required surety bond. In the event the installer's
29 contractor_,_,_ __.._,registration shall lapse for any reason or the contractor's bond shall become impaired,
30 then _ ,,licensing by the health officer of said installer shall be suspended until the installer's registration
31 as a contractor is reinstated and the contractor's bond is unimpaired.
32 _ (f ry: The health officer may suspend, revoke or rPwAkerefuse any installer's license if there has
33 been a _finding of incompetency, negligence, wilfulwillful misrepresentation, or failure to comply with
34 this _,__chapter or other applicable laws, rules and regulations. The installation of a sewage disposal
35 system for which a permit has not been obtained shall be cause for the suspension or revocation
36 of an installer's license.
E.M.
1 _(g2. An installer whose license has been revoked shall be ineligible to reapply for recertification
2 _.___..____..___. until 60 days have passed from the date of revocation of the certificate.
4 2ad3:-The applicant for a pumper's license shall provide the following:
5 ......(a1-1- Application for a pumper's Ilicense shall be made on forms provided by the health officer.
6 Application fees shall be paid at the time of application.
7 {b2j:-The health officer shall determine by written and/or oral examination the applicant's
8 ________knowledge of public health problems arising from the handling of sewage and the safe disposal
9 _of the cleanings of sewage disposal systems. If the applicant does not receive a passing mark of
__..
10 ...__.._._.___..._.�75 percent, the applicant shall be denied a license and cannot retake the exam for 1 month.
11 _ (c-3J- Before the issuance of a pumper's license, the applicant shall file with the WCHWA CHCS a
12 surety _bond issued by a surety insurer in a form acceptable to the health officer running to
13 WCHWA CHCS. _Said bond shall be conditioned that the applicant will pay all amounts that may be
14 adjudged against the applicant by reason of negligent or improper work or breach of contract. The
15 bond shall be conditioned that the holder of the license and his or her agents in performing work shall
16 exercise reasonable care and skill and comply with this chapter. The surety upon the bond shall
17 not be liable in an aggregate amount in excess of the amount named in the bond. The bond shall
18 _ be kept in effect during the period of time for which the license is issued. In the event the bond
19 is r^Reelledcanceled or any final judgment shall impair the liability of the surety upon the bond
20 so furnished so that there shall not be in effect a bond undertaking in the full amount of $2,000,
21 the health officer shall suspend the license of such pumper until the full bond liability has been
22
23 _ {d4): The applicant's equipment shall meet the requirements of WCCand (2
24 24.05:0310.350 5 a) before a _license may be issued.
25 The pumper's license shall expire on December 31st. Fees are not prorated. Application for
26 _._.._..__._....__renewal shall be made on forms provided by the health officer.
27 �f�l: The health officer may suspend-e ,_ revoke or refuse any pumper's license if there has been
28 a finding of incompetency, negligence, w4w4willful misrepresentation or failure to comply with
29 this chapter or other applicable laws, rules and regulations.
30 (g7).- A pumper whose license has been revoked shall be ineligible to reapply for a license until
31 60 calendar days shall have passed from the date of this license revocation.
32 ___Jhgl- T-hr-eeOne continuing education taa44-&unit shall be required annually for
33 license renewal. The applicant shall provide proof to the health officer that continuing education
34 courses were attended either _,_by the license holder or a designated qualified professional employee.
35
36 I3IC: The applicant for an operation and maintenance specialist license shall provide the following:
E-3'1
1 ....... �a.11, Application for an operation and maintenance specialist license shall be made on forms
2 provided by the health officer. Application fees shall be paid at the time of application.
3 ............. The health officer shall determine by written and/or oral examination the applicant's
4 _knowledge of the operation and maintenance of on -site sewage systems. If the applicant does
5 not receive a passing mark of 7075 percent, the applicant shall be denied a license and cannot
6retake the exam for 1 month.
7 jc-3: The operation and maintenance specialist license shall expire on December 31st. Fees are
8 not „,,,,,prorated. The operation and maintenance license is not transferable. Application for renewal
9 _,_,,,,_,_,,,,,,__shall be made on forms provided by the health officer.
10 ______�d4j: Before the issuance of an operation and maintenance specialist license, the applicant shall
11 file with the WCHW CHCS a surety bond issued by a surety insurer in a form acceptable to the
12 health _officer running to aA/GHDWCHCS. Said bond shall be conditioned that the applicant will pay all
13 amounts that may be adjudged against the applicant by reason of negligent or improper work or
14 breach of contract. The bond shall be conditioned that the holder of the license shall exercise
15 reasonable care and skill and comply with this chapter. The surety upon the bond shall not be
16 liable in an aggregate amount in excess of the amount named in the bond. The bond shall be
17 kept in effect during the period of time for which the license is issued. In the event the bond is
18 _ea�;ee;;edcanceled or any final judgment shall impair the liability of the surety upon the bond so
19 furnished so that there shall not be in effect a bond undertaking in the full amount of $2,000, the
20 health _officer shall suspend the license of such operation and maintenance specialist until the full bond
21 _._._. liability has been furnished.
22 (e) The health officer may suspend, revoke or refuse any operation and maintenance specia((st's
23 license if there has been a finding of incom etenc ne li ence willful misre resentation or
24 _ Failure to comply with this chapter or other applicable laws, rules and regulations.
25Jf),AD,2pc_LgjJon and maintenance specialist's whose license has been revoked shall be ineligible
26 to re"pl�for a license until 60 calendar days shall have passed from the date of this license
27 revocation.
28 (g).One_continui,n education unit shall be roguired annually for license renewa....-(he a�p.plicant
29 shall provide proof to the health officer that continuing education courses were attended either
30 _b.y.._th.e..,1,ic_e.n_se.._holder._o.r...a...d_es.i.gn.aa.�r'.d....glAa.l.ifiecl....p_rofes_sion.a_lem..p.loy_ee..
31
32
33 24.05.390 Technical advisory group (TAG).
34 The department shall:
35 (1) Maintain a TAG to advise the department regarding:
36 (a) OSS design and siting;
37 (b) Public domain technologies, DS&G for product use; and
I (c) Testing and design standards used for proprietary product registration and DS&G for use of
2 proprietary products.
3 (2) Select members for the TAG for three-year terms that have technical or scientific knowledge
4 applicable to OSS from agencies,professions, and organizations including:
5 (a) Local health jurisdictions;
6 (b) Engineering firms;
7 (c) The Washington department of ecology;
8 (d) Land sales development and building industries;
9 (e) Public sewer utilities;
10 (f) OSS:
11 (i) Designers;
12 (ii) Installers;
13 NO Maintenance service providers;
14 (iv) Product manufacturers;
15 (g) Environmental organizations;
16 (h) University and college academic communities;
17 (i) Certified professional soil scientists; and
18 (I) Other interested organizations or groups.
��
20 24.05.400 Policy advisory group.
21 The department shall:
22 (1) Maintain a policy advisor group to:
23 (a) Make recommendations concerning OSS departmental policy and rules;
24 (b) Review OSS program services; and
25 (c) Provide input to the department regarding the OSS program;
26 (2) Select members for three-year terms from agencies, professions,_ organizations having knowledge
27 and interest in OSS and communities which are affected by this chapter
28
29 24.05.248410 Waivers.
30 (1) The local health officer may grant a waiver from specific requirements +44of this chapter4.
91
1 _A. Tamer request is evaluatedfor waiver must be:
2 (a) Evaluated by the local health officer on an individual, site -by -site basis-L
3 B. The health E)ffqeer d e+ rmin S +h^++h ,. ,s+ �+ (b) Consistent with the standards in a^'
4 the i nte,,tpurposes of this chapter.
5 C. On a(2) The local health officer must submit quarterly basis, the health effacer will ferwardreoorts to
6 the department a*y-showing waivers approved or denied waivers for their FeeeF s _ (Ord. 2006-056 Exh.
7 A).
8 (a) Upon review, if the department finds that the waivers previously granted are
9 inconsistent consistent with the purposes of this chapter, and DS&G for granting waivers, the
10 department shall provide technical assistance to the local health officer to correct the
11 inconsistency, and may notify the local and state boards of health oft he department's concerns.
12 (b) If upon further review, the department finds waivers previously granted continue to be
13 inconsistent with the purposes of this chapter and DS&G, the department may suspend the
14 authority oft he local health officer to grant waivers under this section until such inconsistencies
15 have been corrected.
16 (3) The department shall maintain and update guidance to assist local health officers in the application
17 of waivers.
18 (4) The department shall publish an annual report summarizing the waivers issued over the previous
19 year.
20
21 24.05.420 Required review of rules.
22 The department shall review this chapter to evaluate the effectiveness of the rules, determine where
23 revisions may be necessary, and make recommendations to the state board of health and all local health
24 officers by September 2026 and every four years thereafter.
25
26 24.05.240-430 Enforcement.
27 A Tlae(1) When an OSS is out of compliance with any law or rule regulating OSS and administered by the
28 department or the local health officer, --the department or the local health officer may initiate
29 enforcement action or refer cases to the prosecutor's office. Enforcement action
30 may include, but is not necessarily limited to:
31 B. When a person vielates thejq+.,,tomons undeF thisehapte the health „ffie er pFeseeuteF's office
32 May initiate e. isciplinary aGtiGRS, or any ether legal proceeding authorized by law,
33
34 '. informal administrative e ^fer^^e^s, T-- (a) A notice of correction describing the
35 condition that is not in compliance and the text of the specific section or subsection of the
(:M
1 applicable state or federal law or rule a statement of what is required to achieve compliance,
2 and the date by which compliance is to be achieved;
3 (b) A notice of violation with or without a civil penalty;
4 (c) An order requiring specific actions or ceasing unacceptable activities within a designated
5 time period;
6 (d) Suspension revocation or modification or denial of permits, licenses, approvals and
7 certifications as authorized by RCW 43.70.115;
8 (e) Civil action per WCC 24.07 or criminal penalties authorized under chapter 70.05 RCW and
9 RCW 43.70.190;
10 (2) An informal conference may be held at the request of the " I+h effieeF or owner, to „„„lore feet`
11 a4d-any party to resolve pFebterns;
12 2. Q_ rders directed to the owner and/or oPP_F;_#A_'r Af thp. QSS and/or person eausing or FespoFlSible for the
13 vioI +' Afthe ~ HI^ ^f+hiS ehapteF•
i
14 3. Denial, suspension, rnodifieatien, eF revocation of permits, approvals, E)F eeFtifieatioR7 and
16 C. n +h d this; +' An r1n +hp fAIk4og*
17 1. Orders requiring coFreetive measures neGess@Fy to effect eornpliaRee with this Ghapter which may
18 wRe!Hde a compliance sehed HI^• and
19 2. Orders to step work a„,a i^~ ~^fraiRdisputes arising from using any ncc or portion f+h. ncc ^
20 improvements to the OSS until all permits, eeFtifieatiens, @Rd appr vals required by rHle or statute are
21 o4ta-i4e4enforcement of this chapter.
22 D. F„f^~r^„ a^+ (3) Notices and orders- _issued under this section s4a4must:
23 4— (a) Be in writing;
24 � (b) Name the person or persons to whom the order is directed;
25 3— (c) Briefly describe each action or inaction constituting a violation of the rules of t44s-chapter
26 24.05 WCC or applicable local rules;
27 4— (d) Specify any required corrective action, if applicable;
28 15— (e) Specify the effective date of the order and a period of 90 days for eeFFeetieri of the-��,
29 with time or times of compliance;
30 6- (f)Provide notice of the consequences of failure to comply or repeated violation, as appropriate..
31 SUGh ffla�' *HG!Hd-e a statement that P-ontinHed or repeated violation may suibject the violator te�
32
33
93
3
4 contacted regarding an order.
5 €.jam Enforcement orders shall be personally served in the manner of service of a summons in a civil
6 action or in a -another manner showing proof of receipt.
7 €- The health department shall have cause to deny the application or reapplication for aH4
8 eper-at-ieo al-2_permit or to revoke, suspend, or modify a required operational permit of any person who
9 has:
10 4- (a) Failed or refused to comply with the provisions of thi chapter 24.05 WCC, or any other
11 statutory provision or rule regulating the operation of an OSS; or
12 -2- (b) Obtained or attempted to obtain a permit or any other required certificate or approval by
13 misrepresentation.
14 F- e (6) The health officer shall have the esesright of subseetion P of this seetio^ n"
15 definedentry to iRelude.inspect any sewage disposal system.
16 1 npp!*G,n+.
r
17 2. R applicant-,
18 - 12,,,.ry i.t h o .,deF; r
19
20 a. Board membeFsj .
21 ".,off;-cerT
22 nn
23 d. PaFtRers;
24 ;
25
26 g. Third persons aetiRg with t4e- knowledge -4 -such persons.
27 k4-2LShould any person refuse to allow the health officer to enter onto property for the purpose of
28 enforcing these rules and regulations, the health officer may, with the assistance of the prosecuting
29 attorney, present an affidavit, naming the person so refusing, the property involved and the reason
30 entry is necessary, to the Whatcom County district court, from which an authorizing warrant may issue._
31 i-fQ Any violation of this chapter, or as amended, is a misdemeanor as defined by RCW 9A.04.040.
32 j. The health e e the right of entry to inspeet any sewage disposal system. (Ord. 2006-056
33 Exh. A).
6VI
1 2405 250 ppe s
2
3 24.05.440 Notice of decision —Adjudicative proceeding.
4 (1) All local boards of health shall:
5 (a) Maintain an adjudicative process to resolve procedural and technical conflicts arising from
6 the administration of local regulations; and
7 (b) Establish rules for conducting hearings requested to contest a local health officer's actions.
8 (2) The department shall provide notice of the department's denial, suspension, modification or
9 revocation of a permit, certification, or approval consistent with RCW 43.70.115, chapter 34.05 RCW,
10 and chapter 246-10 WAC.
11 (3) A person contesting a departmental decision regarding a permit, certificate, or approval may file a
12 written request for an adjudicative proceeding consistent with chapter 246-10 WAC.
13 (4) Department actions are governed by chapter 34.05 RCW, RCW 43.70.115, this chapter, and chapter
14 246-10 WAC.
15 (5) An aggrieved party may appeal any permit decision, including approval, modification, waiver,
16 decision, denial, suspension or revocation, in accordance with WCC 24.07.090, Hearing and appeals.
17 (Ord. 2006-056 Exh. A).
18
19 24.05.16O450 Severability.
20 If any provision of this chapter or its application to any person or circumstances is held invalid, the
21 remainder of this chapter or the application of the provision to other persons or circumstances shall not
22 be affected. (Ord. 2006-056 Exh. A).
23
24 24.05.2-70460 Fees.
25 Fees shall be set and renewed a-n*ually-by the county council and posted in a fee schedule. (Ord. 2006-
26 056 Exh. A).
27
95