reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.100 - Public Water System Coordination Act of 1977. › 70A.100.030 - Definitions.

RCW 70A.100.030
Definitions.
Unless the context clearly requires otherwise, the following terms when used in this chapter shall be defined as follows:
(1) "Coordinated water system plan" means a plan for public water systems within a critical water supply service area which identifies the present and future needs of the systems and sets forth means for meeting those needs in the most efficient manner possible. Such a plan shall include provisions for subsequently updating the plan. In areas where more than one water system exists, a coordinated plan may consist of either: (a) A new plan developed for the area following its designation as a critical water supply service area; or (b) a compilation of compatible water system plans existing at the time of such designation and containing such supplementary provisions as are necessary to satisfy the requirements of this chapter. Any such coordinated plan must include provisions regarding: Future service area designations; assessment of the feasibility of shared source, transmission, and storage facilities; emergency inter-ties; design standards; and other concerns related to the construction and operation of the water system facilities.
(2) "Critical water supply service area" means a geographical area which is characterized by a proliferation of small, inadequate water systems, or by water supply problems which threaten the present or future water quality or reliability of service in such a manner that efficient and orderly development may best be achieved through coordinated planning by the water utilities in the area.
(3) "Public water system" means any system providing water intended for, or used for, human consumption or other domestic uses. It includes, but is not limited to, the source, treatment for purifying purposes only, storage, transmission, pumping, and distribution facilities where water is furnished to any community, or number of individuals, or is made available to the public for human consumption or domestic use, but excluding water systems serving one single-family residence. However, systems existing on September 21, 1977 which are owner operated and serve less than ten single-family residences or which serve only one industrial plant shall be excluded from this definition and the provisions of this chapter.
(4) "Purveyor" means any agency or subdivision of the state or any municipal corporation, firm, company, mutual or cooperative association, institution, partnership, or person or any other entity, that owns or operates for wholesale or retail service a public water system. It also means the authorized agents of any such entities.
(5) "Secretary" means the secretary of the department of health or the secretary's authorized representative.
(6) "Service area" means a specific geographical area serviced or for which service is planned by a purveyor.
[ 1991 c 3 § 366; 1977 ex.s. c 142 § 3. Formerly RCW 70.116.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.100 - Public Water System Coordination Act of 1977. › 70A.100.040 - Critical water supply service area—Designation—Establishment or amendment of external boundaries—Procedures.

RCW 70A.100.040
Critical water supply service area—Designation—Establishment or amendment of external boundaries—Procedures.
(1) The secretary and the appropriate local planning agencies and purveyors, shall study geographical areas where water supply problems related to uncoordinated planning, inadequate water quality or unreliable service appear to exist. If the results of the study indicate that such water supply problems do exist, the secretary or the county legislative authority shall designate the area involved as being a critical water supply service area, consult with the appropriate local planning agencies and purveyors, and appoint a committee of not less than three representatives therefrom solely for the purpose of establishing the proposed external boundaries of the critical water supply service area. The committee shall include a representative from each purveyor serving more than fifty customers, the county legislative authority, county planning agency, and health agencies. Such proposed boundaries shall be established within six months of the appointment of the committee.
During the six month period following the establishment of the proposed external boundaries of the critical water supply services areas, the county legislative authority shall conduct public hearings on the proposed boundaries and shall modify or ratify the proposed boundaries in accordance with the findings of the public hearings. The boundaries shall reflect the existing land usage, and permitted densities in county plans, ordinances, and/or growth policies. If the proposed boundaries are not modified during the six month period, the proposed boundaries shall be automatically ratified and be the critical water supply service area.
After establishment of the external boundaries of the critical water supply service area, no new public water systems may be approved within the boundary area unless an existing water purveyor is unable to provide water service.
(2) At the time a critical water supply service area is established, the external boundaries for such area shall not include any fractional part of a purveyor's existing contiguous service area.
(3) The external boundaries of the critical water supply service area may be amended in accordance with procedures prescribed in subsection (1) of this section for the establishment of the critical water supply service areas when such amendment is necessary to accomplish the purposes of this chapter.
[ 1977 ex.s. c 142 § 4. Formerly RCW 70.116.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.100 - Public Water System Coordination Act of 1977. › 70A.100.070 - Service area boundaries within critical water supply area.

RCW 70A.100.070
Service area boundaries within critical water supply area.
(1) The proposed service area boundaries of public water systems within the critical water supply service area that are required to submit water system plans under this chapter shall be identified in the system's plan. The local legislative authority, or its planning department or other designee, shall review the proposed boundaries to determine whether the proposed boundaries of one or more systems overlap. The boundaries determined by the local legislative authority not to overlap shall be incorporated into the coordinated water system plan. Where any overlap exists, the local legislative authority may attempt to resolve the conflict through procedures established under RCW 70A.100.060(5).
(2) Any final decision by a local legislative authority regarding overlapping service areas, or any unresolved disputes regarding service area boundaries, may be appealed or referred to the secretary in writing for resolution. After receipt of an appeal or referral, the secretary shall hold a public hearing thereon. The secretary shall provide notice of the hearing by certified mail to each purveyor involved in the dispute, to each county legislative authority having jurisdiction in the area and to the public. The secretary shall provide public notice pursuant to the provisions of chapter 65.16 RCW. Such notice shall be given at least twenty days prior to the hearing. The hearing may be continued from time to time and, at the termination thereof, the secretary may restrict the expansion of service of any purveyor within the area if the secretary finds such restriction is necessary to provide the greatest protection of the public health and well-being.
[ 2020 c 20 § 1329; 1995 c 376 § 13; 1977 ex.s. c 142 § 7. Formerly RCW 70.116.070.]
NOTES:
Findings—1995 c 376: See note following RCW 70A.100.060.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.100 - Public Water System Coordination Act of 1977. › 70A.100.080 - Performance standards relating to fire protection.

RCW 70A.100.080
Performance standards relating to fire protection.
The secretary shall adopt performance standards relating to fire protection to be incorporated into the design and construction of public water systems. The standards shall be consistent with recognized national standards. The secretary shall adopt regulations pertaining to the application and enforcement of the standards: PROVIDED, That the regulations shall require the application of the standards for new and expanding systems only. The standards shall apply in critical water supply service areas unless the approved coordinated plan provides for nonfire flow systems.
[ 1977 ex.s. c 142 § 8. Formerly RCW 70.116.080.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.100 - Public Water System Coordination Act of 1977. › 70A.100.090 - Assumption of jurisdiction or control of public water system by city, town, or code city.

RCW 70A.100.090
Assumption of jurisdiction or control of public water system by city, town, or code city.
The assumption of jurisdiction or control of any public water system or systems by a city, town, or code city, shall be subject to the provisions of chapter 35.13A RCW, and the provisions of this chapter shall be superseded by the provisions of chapter 35.13A RCW regarding such an assumption of jurisdiction.
[ 1977 ex.s. c 142 § 9. Formerly RCW 70.116.090.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.100 - Public Water System Coordination Act of 1977. › 70A.100.100 - Bottled water exempt.

RCW 70A.100.100
Bottled water exempt.
Nothing in this chapter shall apply to water which is bottled or otherwise packaged in a container for human consumption or domestic use, or to the treatment, storage and transportation facilities used in the processing of the bottled water or the distribution of the bottles or containers of water.
[ 1977 ex.s. c 142 § 10. Formerly RCW 70.116.100.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.100 - Public Water System Coordination Act of 1977. › 70A.100.110 - Rate making authority preserved.

RCW 70A.100.110
Rate making authority preserved.
Nothing in this chapter shall be construed to alter in any way the existing authority of purveyors and municipal corporations to establish, administer and apply water rates and rate provisions.
[ 1977 ex.s. c 142 § 11. Formerly RCW 70.116.110.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.100 - Public Water System Coordination Act of 1977. › 70A.100.120 - Short title.

RCW 70A.100.120
Short title.
This chapter shall be known and may be cited as the "Public Water System Coordination Act of 1977".
[ 1977 ex.s. c 142 § 12. Formerly RCW 70.116.120.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.100 - Public Water System Coordination Act of 1977. › 70A.100.130 - Satellite system management agencies—Definitions.

RCW 70A.100.130
Satellite system management agencies—Definitions.
(1) The secretary shall adopt rules pursuant to chapter 34.05 RCW establishing criteria for designating individuals or water purveyors as qualified satellite system management agencies. The criteria shall set forth minimum standards for designation as a satellite system management agency qualified to assume ownership, operation, or both, of an existing or proposed public water system. The criteria shall include demonstration of financial integrity and operational capability, and may require demonstration of previous experience in successful operation and management of a public water system.
(2) Each county shall identify potential satellite system management agencies to the secretary for areas where: (a) No purveyor has been designated a future service area pursuant to this chapter, or (b) an existing purveyor is unable or unwilling to provide service. Preference shall be given to public utilities or utility districts or to investor-owned utilities under the jurisdiction of the utilities and transportation commission.
(3) The secretary shall approve satellite system management agencies meeting the established criteria and shall maintain and make available to counties a list of approved agencies. Prior to the construction of a new public water system, the individual(s) proposing the new system or requesting service shall first be directed by the local agency responsible for issuing the construction or building permit to one or more qualified satellite system management agencies designated for the service area where the new system is proposed for the purpose of exploring the possibility of a satellite agency either owning or operating the proposed new water system.
(4) Approved satellite system management agencies shall be reviewed periodically by the secretary for continued compliance with established criteria. The secretary may require status reports and other information necessary for such review. Satellite system management agencies shall be subject to reapproval at the discretion of the secretary but not less than once every five years.
(5) The secretary may assess reasonable fees to process applications for initial approval and for periodic review of satellite system management agencies.
(6) For purposes of this section, "satellite system management agency" and "satellite agency" shall mean a person or entity that is certified by the secretary to own or operate more than one public water system on a regional or countywide basis, without the necessity for a physical connection between such systems.
[ 2013 c 251 § 8; 1991 c 18 § 1. Formerly RCW 70.116.134.]
NOTES:
Residual balance of funds—Effective date—2013 c 251: See notes following RCW 41.06.280.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.100 - Public Water System Coordination Act of 1977. › 70A.100.140 - Review of water or sewer system plan—Time limitations—Notice of rejection of plan or extension of timeline.

RCW 70A.100.140
Review of water or sewer system plan—Time limitations—Notice of rejection of plan or extension of timeline.
For any new or revised water or sewer system plan submitted for review under this chapter, the department of health shall review and either approve, conditionally approve, reject, or request amendments within ninety days of the receipt of the submission of the plan. The department of health may extend this ninety-day time limitation for new submittals by up to an additional ninety days if insufficient time exists to adequately review the general comprehensive plan. For rejections of plans or extensions of the timeline, the department shall provide in writing, to the person or entity submitting the plan, the reason for such action. In addition, the person or entity submitting the plan and the department of health may mutually agree to an extension of the deadlines contained in this section.
[ 2002 c 161 § 3. Formerly RCW 70.116.140.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.105 - On-Site Sewage Disposal Systems. › 70A.105.010 - Legislative declaration.

RCW 70A.105.010
Legislative declaration.
The legislature finds that over one million, two hundred thousand persons in the state are not served by sanitary sewers and that they must rely on septic tank systems. The failure of large numbers of such systems has resulted in significant health hazards, loss of property values, and water quality degradation. The legislature further finds that failure of such systems could be reduced by utilization of nonwater-carried sewage disposal systems, or other alternative methods of effluent disposal, as a correctional measure. Wastewater volume diminution and disposal of most of the high bacterial waste through composting or other alternative methods of effluent disposal would result in restorative improvement or correction of existing substandard systems.
[ 1977 ex.s. c 133 § 1. Formerly RCW 70.118.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.105 - On-Site Sewage Disposal Systems. › 70A.105.020 - Definitions.

RCW 70A.105.020
Definitions.
As used in this chapter, the terms defined in this section shall have the meanings indicated unless the context clearly indicates otherwise.
(1) "Nonwater-carried sewage disposal devices" means any device that stores and treats nonwater-carried human urine and feces.
(2) "Alternative methods of effluent disposal" means systems approved by the department of health, including at least, mound systems, alternating drainfields, anaerobic filters, evapotranspiration systems, and aerobic systems.
(3) "Failure" means: (a) Effluent has been discharged on the surface of the ground prior to approved treatment; or (b) effluent has percolated to the surface of the ground; or (c) effluent has contaminated or threatens to contaminate a groundwater supply.
(4) "Additive" means any commercial product intended to affect the performance or aesthetics of an on-site sewage disposal system.
(5) "Department" means the department of health.
(6) "On-site sewage disposal system" means any system of piping, treatment devices, or other facilities that convey, store, treat, or dispose of sewage on the property where it originates or on nearby property under the control of the user where the system is not connected to a public sewer system. For purposes of this chapter, an on-site sewage disposal system does not include indoor plumbing and associated fixtures.
(7) "Chemical additive" means those additives containing acids, bases, or other chemicals deemed unsafe by the department for use in an on-site sewage disposal system.
(8) "Additive manufacturer" means any person who manufactures, formulates, blends, packages, or repackages an additive product for sale, use, or distribution within the state.
[ 1994 c 281 § 2; 1993 c 321 § 2; 1991 c 3 § 367; 1977 ex.s. c 133 § 2. Formerly RCW 70.118.020.]
NOTES:
Finding—Purpose—1994 c 281: "The legislature finds that chemical additives do, and that other types of additives may, contribute to septic system failure and groundwater contamination. In order to determine which ingredients of nonchemically based additive products have adverse effects on public health or the environment, it is necessary to submit such products to a review procedure.
The purpose of this act is: (1) To establish a timely and orderly procedure for review and approval of on-site sewage disposal system additives; (2) to prohibit the use, sale, or distribution of additives having an adverse effect on public health or the water quality of the state; (3) to require the disclosure of the contents of additives that are advertised, sold, or distributed in the state; and (4) to provide for consumer protection." [ 1994 c 281 § 1.]
Effective date—1994 c 281: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 1, 1994]." [ 1994 c 281 § 7.]
Intent—1993 c 321: See note following RCW 70A.105.060.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.105 - On-Site Sewage Disposal Systems. › 70A.105.030 - Local boards of health—Administrative search warrant—Administrative plan—Corrections.

RCW 70A.105.030
Local boards of health—Administrative search warrant—Administrative plan—Corrections.
(1) Local boards of health shall identify failing septic tank drainfield systems in the normal manner and will use reasonable effort to determine new failures. The local health officer, environmental health director, or equivalent officer may apply for an administrative search warrant to a court official authorized to issue a criminal search warrant. The warrant may only be applied for after the local health officer or the health officer's designee has requested inspection of the person's property under the specific administrative plan required in this section, and the person has refused the health officer or the health officer's designee access to the person's property. Timely notice must be given to any affected person that a warrant is being requested and that the person may be present at any court proceeding to consider the requested search warrant. The court official may issue the warrant upon probable cause. A request for a search warrant must show [that] the inspection, examination, test, or sampling is in response to pollution in commercial or recreational shellfish harvesting areas or pollution in fresh water. A specific administrative plan must be developed expressly in response to the pollution. The local health officer, environmental health director, or equivalent officer shall submit the plan to the court as part of the justification for the warrant, along with specific evidence showing that it is reasonable to believe pollution is coming from the septic system on the property to be accessed for inspection. The plan must include each of the following elements:
(a) The overall goal of the inspection;
(b) The location and identification by address of the properties being authorized for inspection;
(c) Requirements for giving the person owning the property and the person occupying the property if it is someone other than the owner, notice of the plan, its provisions, and times of any inspections;
(d) The survey procedures to be used in the inspection;
(e) The criteria that would be used to define an on-site sewage system failure; and
(f) The follow-up actions that would be pursued once an on-site sewage system failure has been identified and confirmed.
(2) Discretionary judgment will be made in implementing corrections by specifying nonwater-carried sewage disposal devices or other alternative methods of treatment and effluent disposal as a measure of ameliorating existing substandard conditions. Local regulations shall be consistent with the intent and purposes stated in this section.
[ 1998 c 152 § 1; 1977 ex.s. c 133 § 3. Formerly RCW 70.118.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.105 - On-Site Sewage Disposal Systems. › 70A.105.040 - Local boards of health—Authority to waive sections of local plumbing and/or building codes.

RCW 70A.105.040
Local boards of health—Authority to waive sections of local plumbing and/or building codes.
With the advice of the secretary of the department of health, local boards of health are hereby authorized to waive applicable sections of local plumbing and/or building codes that might prohibit the use of an alternative method for correcting a failure.
[ 1991 c 3 § 368; 1977 ex.s. c 133 § 4. Formerly RCW 70.118.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.105 - On-Site Sewage Disposal Systems. › 70A.105.050 - Adoption of more restrictive standards.

RCW 70A.105.050
Adoption of more restrictive standards.
If the legislative authority of a county or city finds that more restrictive standards than those contained in *section 2 of this act or those adopted by the state board of health for systems allowed under *section 2 of this act or limitations on expansion of a residence are necessary to ensure protection of the public health, attainment of state water quality standards, and the protection of shellfish and other public resources, the legislative authority may adopt ordinances or resolutions setting standards as they may find necessary for implementing their findings. The legislative authority may identify the geographic areas where it is necessary to implement the more restrictive standards. In addition, the legislative authority may adopt standards for the design, construction, maintenance, and monitoring of sewage disposal systems.
[ 1989 c 349 § 3. Formerly RCW 70.118.050.]
NOTES:
*Reviser's note: "Section 2 of this act" did not become law. See effective date note following.
Effective date—1989 c 349: "(1) Except as provided in subsection (2) of this section, this act shall take effect November 1, 1989.
(2) *Section 2 of this act shall not take effect if the state board of health adopts standards for the replacement and repair of existing on-site sewage disposal systems located on property adjacent to marine waters by October 31, 1989." [ 1989 c 349 § 4.]
*Reviser's note: Section 2 of this act did not take effect. See chapter 248-96 WAC.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.105 - On-Site Sewage Disposal Systems. › 70A.105.070 - Additives—Confidentiality.

RCW 70A.105.070
Additives—Confidentiality.
The department shall hold confidential any information obtained pursuant to RCW 70A.105.060 when shown by any manufacturer that such information, if made public, would divulge confidential business information, methods, or processes entitled to protection as trade secrets of the manufacturer.
[ 2020 c 20 § 1331; 1994 c 281 § 4. Formerly RCW 70.118.070.]
NOTES:
Finding—Purpose—Effective date—1994 c 281: See notes following RCW 70A.105.020.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.105 - On-Site Sewage Disposal Systems. › 70A.105.080 - Additives—Unfair practices.

RCW 70A.105.080
Additives—Unfair practices.
(1) Each manufacturer of a certified and approved additive product advertised, sold, or distributed in the state shall:
(a) Make no claims relating to the elimination of the need for septic tank pumping or proper septic tank maintenance;
(b) List the components of additive products on the product label, along with information regarding instructions for use and precautions;
(c) Make no false statements, design, or graphic representation relative to an additive product that is inconsistent with RCW 70A.105.060, 70A.105.070, or this section; and
(d) Make no claims, either direct or implied, about the performance of the product based on state approval of its ingredients.
(2) A violation of this section is an unfair act or practice in violation of the consumer protection act, chapter 19.86 RCW.
[ 2020 c 20 § 1332; 1994 c 281 § 5. Formerly RCW 70.118.080.]
NOTES:
Finding—Purpose—Effective date—1994 c 281: See notes following RCW 70A.105.020.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.105 - On-Site Sewage Disposal Systems. › 70A.105.090 - Funding.

RCW 70A.105.090
Funding.
The department may not use funds appropriated to implement an element of the action agenda developed by the Puget Sound partnership under RCW 90.71.310 to conduct any activity required under chapter 281, Laws of 1994.
[ 2007 c 341 § 61; 1994 c 281 § 6. Formerly RCW 70.118.090.]
NOTES:
Effective date—2007 c 341: See RCW 90.71.907.
Finding—Purpose—Effective date—1994 c 281: See notes following RCW 70A.105.020.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.105 - On-Site Sewage Disposal Systems. › 70A.105.100 - Alternative systems—State guidelines and standards.

RCW 70A.105.100
Alternative systems—State guidelines and standards.
In order to assure that technical guidelines and standards keep pace with advancing technologies, the department of health in collaboration with local health departments and other interested parties, must review and update as appropriate, the state guidelines and standards for alternative on-site sewage disposal every three years. The first review and update must be completed by January 1, 1999.
[ 2010 1st sp.s. c 7 § 80; 1997 c 447 § 5. Formerly RCW 70.118.110.]
NOTES:
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.105 - On-Site Sewage Disposal Systems. › 70A.105.110 - Inspectors—Certificate of competency.

RCW 70A.105.110
Inspectors—Certificate of competency.
(1) The local board of health shall ensure that individuals who conduct inspections of on-site wastewater treatment systems or who otherwise conduct reviews of such systems are qualified in the technology and application of on-site sewage treatment principles. A certificate of competency issued by the state board of registration for professional engineers and land surveyors is adequate demonstration that an individual is competent in the engineering aspects of on-site wastewater treatment system technology.
(2) A local board of health may allow noncertified individuals to review designs of, and conduct inspections of, on-site wastewater treatment systems for a maximum of two years after the date of hire, if a certified individual reviews or supervises the work during that time.
[ 2019 c 442 § 20; 1999 c 263 § 22. Formerly RCW 70.118.120.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.105 - On-Site Sewage Disposal Systems. › 70A.105.120 - Civil penalties.

RCW 70A.105.120
Civil penalties.
A local health officer who is responsible for administering and enforcing regulations regarding on-site sewage disposal systems is authorized to issue civil penalties for violations of those regulations under the same limitations and requirements imposed on the department under RCW 70A.115.050, except that the amount of a penalty shall not exceed one thousand dollars per day for every violation, and judgments shall be entered in the name of the local health jurisdiction and penalties shall be placed into the general fund or funds of the entity or entities operating the local health jurisdiction.
[ 2020 c 20 § 1333; 2007 c 343 § 9. Formerly RCW 70.118.130.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.110 - On-Site Sewage Disposal Systems—Marine Recovery Areas. › 70A.110.010 - Findings—Purpose.

RCW 70A.110.010
Findings—Purpose.
The legislature finds that:
(1) Hood Canal and other marine waters in Puget Sound are at risk of severe loss of marine life from low-dissolved oxygen. The increased input of human-influenced nutrients, especially nitrogen, is a factor causing this low-dissolved oxygen condition in some of Puget Sound's waters, in addition to such natural factors as poor overall water circulation and stratification that discourages mixing of surface-to-deeper waters;
(2) A significant portion of the state's residents live in homes served by on-site sewage disposal systems, and many new residences will be served by these systems;
(3) Properly functioning on-site sewage disposal systems largely protect water quality. However, improperly functioning on-site sewage disposal systems in marine recovery areas may contaminate surface water, causing public health problems;
(4) Local programs designed to identify and correct failing on-site sewage disposal systems have proven effective in reducing and eliminating public health hazards, improving water quality, and reopening previously closed shellfish areas; and
(5) State water quality monitoring data and analysis can help to focus these enhanced local programs on specific geographic areas that are sources of pollutants degrading Puget Sound waters.
Therefore, it is the purpose of this chapter to authorize enhanced local programs in marine recovery areas to inventory existing on-site sewage disposal systems, to identify the location of all on-site sewage disposal systems in marine recovery areas, to require inspection of on-site sewage disposal systems and repairs to failing systems, to develop electronic data systems capable of sharing information regarding on-site sewage disposal systems, and to monitor these programs to ensure that they are working to protect public health and Puget Sound water quality.
[ 2006 c 18 § 1. Formerly RCW 70.118A.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.110 - On-Site Sewage Disposal Systems—Marine Recovery Areas. › 70A.110.020 - Definitions.

RCW 70A.110.020
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Board" means the state board of health.
(2) "Department" means the department of health.
(3) "Failing" means a condition of an existing on-site sewage disposal system or component that threatens the public health by inadequately treating sewage, or by creating a potential for direct or indirect contact between sewage and the public. Examples of a failing on-site sewage disposal system include:
(a) Sewage on the surface of the ground;
(b) Sewage backing up into a structure caused by slow soil absorption of septic tank effluent;
(c) Sewage leaking from a sewage tank or collection system;
(d) Cesspools or seepage pits where evidence of groundwater or surface water quality degradation exists;
(e) Inadequately treated effluent contaminating groundwater or surface water; or
(f) Noncompliance with standards stipulated on the permit.
(4) "Local health officer" or "local health jurisdiction" means the local health officers and local health jurisdictions in the following counties bordering Puget Sound: Clallam, Island, Kitsap, Jefferson, Mason, San Juan, Seattle-King, Skagit, Snohomish, Tacoma-Pierce, Thurston, and Whatcom.
(5) "Marine recovery area" means an area of definite boundaries where the local health officer, or the department in consultation with the health officer, determines that additional requirements for existing on-site sewage disposal systems may be necessary to reduce potential failing systems or minimize negative impacts of on-site sewage disposal systems.
(6) "Marine recovery area on-site strategy" or "on-site strategy" means a local health jurisdiction's on-site sewage disposal system strategy required under RCW 70A.110.050. This strategy is a component of the on-site program management plan required under RCW 70A.110.030.
(7) "On-site sewage disposal system" means an integrated system of components, located on or nearby the property it serves, that conveys, stores, treats, or provides subsurface soil treatment and dispersal of sewage. It consists of a collection system, a treatment component or treatment sequence, and a soil dispersal component. An on-site sewage disposal system also refers to a holding tank sewage system or other system that does not have a soil dispersal component. For purposes of this chapter, the term "on-site sewage disposal system" does not include any system regulated by a water quality discharge permit issued under chapter 90.48 RCW.
(8) "Unknown system" means an on-site sewage disposal system that was installed without the knowledge or approval of the local health jurisdiction, including those that were installed before such approval was required.
[ 2020 c 20 § 1334; 2006 c 18 § 2. Formerly RCW 70.118A.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.110 - On-Site Sewage Disposal Systems—Marine Recovery Areas. › 70A.110.030 - Local health officers to develop a written on-site program management plan.

RCW 70A.110.030
Local health officers to develop a written on-site program management plan.
By July 1, 2007, the local health officers of health jurisdictions in the twelve counties bordering Puget Sound shall develop a written on-site program management plan to provide guidance to the local health jurisdiction.
[ 2006 c 18 § 3. Formerly RCW 70.118A.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.110 - On-Site Sewage Disposal Systems—Marine Recovery Areas. › 70A.110.040 - Local health officers—Determination of marine recovery areas.

RCW 70A.110.040
Local health officers—Determination of marine recovery areas.
(1) In developing on-site program management plans required under RCW 70A.110.030, the local health officer shall propose a marine recovery area for those land areas where existing on-site sewage disposal systems are a significant factor contributing to concerns associated with:
(a) Shellfish growing areas that have been threatened or downgraded by the department under chapter 69.30 RCW;
(b) Marine waters that are listed by the department of ecology under section 303(d) of the federal clean water act (33 U.S.C. Sec. 1251 et seq.) for low-dissolved oxygen or fecal coliform; or
(c) Marine waters where nitrogen has been identified as a contaminant of concern by the local health officer.
(2) In determining the boundaries for a marine recovery area, the local health officer shall assess and include those land areas where existing on-site sewage disposal systems may affect water quality in the marine recovery area.
(3) Determinations made by the local health officer under this section, including identification of nitrogen as a contaminant of concern, will be based on published guidance developed by the department. The guidance must be designed to ensure the proper use of available scientific and technical data. The health officer shall document the basis for these determinations when plans are submitted to the department.
(4) After July 1, 2007, the local health officer may designate additional marine recovery areas meeting the criteria of this section, according to new information. Where the department recommends the designation of a marine recovery area or expansion of a designated marine recovery area, the local health officer shall notify the department of its decision concerning the recommendation within ninety days of receipt of the recommendation.
[ 2020 c 20 § 1335; 2006 c 18 § 4. Formerly RCW 70.118A.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.110 - On-Site Sewage Disposal Systems—Marine Recovery Areas. › 70A.110.050 - Marine recovery area on-site strategy.

RCW 70A.110.050
Marine recovery area on-site strategy.
(1) The local health officer of a local health jurisdiction where a marine recovery area has been proposed under RCW 70A.110.040 shall develop and approve a marine recovery area on-site strategy that includes designation of marine recovery areas to guide the local health jurisdiction in developing and managing all existing on-site sewage disposal systems within marine recovery areas within its jurisdiction. The on-site strategy must be a component of the program management plan required under RCW 70A.110.030. The department may grant an extension of twelve months where a local health jurisdiction has demonstrated substantial progress toward completing its on-site strategy.
(2) An on-site strategy for a marine recovery area must specify how the local health jurisdiction will by July 1, 2012, and thereafter, find:
(a) Existing failing systems and ensure that system owners make necessary repairs; and
(b) Unknown systems and ensure that they are inspected as required to ensure that they are functioning properly, and repaired, if necessary.
[ 2020 c 20 § 1336; 2006 c 18 § 5. Formerly RCW 70.118A.050.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.110 - On-Site Sewage Disposal Systems—Marine Recovery Areas. › 70A.110.060 - Local health officer duties—Electronic data systems.

RCW 70A.110.060
Local health officer duties—Electronic data systems.
In a marine recovery area, each local health officer shall:
(1) Require that on-site sewage disposal system maintenance specialists, septic tank pumpers, or others performing on-site sewage disposal system inspections submit reports or inspection results to the local health jurisdiction regarding any failing system; and
(2) Develop and maintain an electronic data system of all on-site sewage disposal systems within a marine recovery area to enable the local health jurisdiction to actively manage on-site sewage disposal systems. In assisting development of electronic data systems, the department shall work with local health jurisdictions with marine recovery areas and the on-site sewage disposal system industry to develop common forms and protocols to facilitate sharing of data. A marine recovery area on-site sewage disposal electronic data system must be compatible with all on-site sewage disposal electronic data systems used throughout a local health jurisdiction.
[ 2006 c 18 § 6. Formerly RCW 70.118A.060.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.110 - On-Site Sewage Disposal Systems—Marine Recovery Areas. › 70A.110.070 - Department review of on-site program management plans—Assistance to local health jurisdictions.

RCW 70A.110.070
Department review of on-site program management plans—Assistance to local health jurisdictions.
(1) The on-site program management plans of local health jurisdictions required under RCW 70A.110.030 must be submitted to the department by July 1, 2007, and be reviewed to determine if they contain all necessary elements. The department shall provide in writing to the local board of health its review of the completeness of the plan. The board may adopt additional criteria by rule for approving plans.
(2) In reviewing the on-site strategy component of the plan, the department shall ensure that all required elements, including designation of any marine recovery area, have been addressed.
(3) Within thirty days of receiving an on-site strategy, the department shall either approve the on-site strategy or provide in writing the reasons for not approving the strategy and recommend changes. If the department does not approve the on-site strategy, the local health officer must amend and resubmit the plan to the department for approval.
(4) Upon receipt of department approval or after thirty days without notification, whichever comes first, the local health officer shall implement the on-site strategy.
(5) If the department denies approval of an on-site strategy, the local health officer may appeal the denial to the board. The board must make a final determination concerning the denial.
(6) The department shall assist local health jurisdictions in:
(a) Developing written on-site program management plans required by RCW 70A.110.030;
(b) Identifying reasonable methods for finding unknown systems; and
(c) Developing or enhancing electronic data systems that will enable each local health jurisdiction to actively manage all on-site sewage disposal systems within their jurisdictions, with priority given to those on-site sewage disposal systems that are located in or which could affect designated marine recovery areas.
[ 2020 c 20 § 1337; 2006 c 18 § 7. Formerly RCW 70.118A.070.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.110 - On-Site Sewage Disposal Systems—Marine Recovery Areas. › 70A.110.080 - Department to contract with local health jurisdictions—Funding assistance—Requirements—Revised compliance dates—Work group.

RCW 70A.110.080
Department to contract with local health jurisdictions—Funding assistance—Requirements—Revised compliance dates—Work group.
(1) The department shall enter into a contract with each local health jurisdiction subject to the requirements of this chapter to implement plans developed under this chapter, and to develop or enhance electronic data systems required by this chapter. The contract must include state funding assistance to the local health jurisdiction from funds appropriated to the department for this purpose.
(2) The contract must require, at a minimum, that within a marine recovery area, the local health jurisdiction:
(a) Show progressive improvement in finding failing systems;
(b) Show progressive improvement in working with on-site sewage disposal system owners to make needed system repairs;
(c) Is actively taking steps to find previously unknown systems and ensuring that they are inspected as required and repaired if necessary;
(d) Show progressive improvement in the percentage of on-site sewage disposal systems that are included in an electronic data system; and
(e) Of those on-site sewage disposal systems in the electronic data system, show progressive improvement in the percentage that have had required inspections.
(3) The contract must also include provisions for state assistance in updating the plan. Beginning July 1, 2012, the contract may adopt revised compliance dates, including those in RCW 70A.110.050, where the local health jurisdiction has demonstrated substantial progress in updating the on-site strategy.
(4) The department shall convene a work group for the purpose of making recommendations to the appropriate committees of the legislature for the development of certification or licensing of maintenance specialists. The work group shall make its recommendation with consideration given to the 1998 report to the legislature entitled "On-Site Wastewater Certification Work Group" as it pertains to maintenance specialists. The work group may give priority to appropriate levels of certification or licensure of maintenance specialists who work in the Puget Sound basin.
[ 2020 c 20 § 1338; 2006 c 18 § 8. Formerly RCW 70.118A.080.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.110 - On-Site Sewage Disposal Systems—Marine Recovery Areas. › 70A.110.090 - Chapter to supplement chapter 70A.105 RCW.

RCW 70A.110.090
Chapter to supplement chapter 70A.105 RCW.
The provisions of this chapter are supplemental to all other authorities governing on-site sewage disposal systems, including chapter 70A.105 RCW and rules adopted under that chapter.
[ 2020 c 20 § 1339; 2006 c 18 § 9. Formerly RCW 70.118A.090.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.110 - On-Site Sewage Disposal Systems—Marine Recovery Areas. › 70A.110.100 - Self-inspection of systems.

RCW 70A.110.100
Self-inspection of systems.
Nothing in this chapter prohibits a county from relying on self-inspection of on-site sewage systems consistent with RCW 36.70A.690 or eliminates the requirement that counties protect water quality consistent with RCW 36.70A.070 (1) and (5).
[ 2017 c 105 § 2. Formerly RCW 70.118A.100.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.115 - Large On-Site Sewage Disposal Systems. › 70A.115.005 - Findings.

RCW 70A.115.005
Findings.
The legislature finds that:
(1) Protection of the environment and public health requires properly designed, operated, and maintained on-site sewage systems. Failure of those systems can pose certain health and environmental hazards if sewage leaks above ground or if untreated sewage reaches surface or groundwater.
(2) Chapter 70A.110 RCW provides a framework for ongoing management of on-site sewage systems located in marine recovery areas and regulated by local health jurisdictions under state board of health rules. This chapter will provide a framework for comprehensive management of large on-site sewage systems statewide.
(3) The primary purpose of this chapter is to establish, in a single state agency, comprehensive regulation of the design, operation, and maintenance of large on-site sewage systems, and their operators, that provides both public health and environmental protection. To accomplish these purposes, this chapter provides for:
(a) The permitting and continuing oversight of large on-site sewage systems;
(b) The establishment by the department of standards and rules for the siting, design, construction, installation, operation, maintenance, and repair of large on-site sewage systems; and
(c) The enforcement by the department of the standards and rules established under this chapter.
[ 2020 c 20 § 1340; 2007 c 343 § 1. Formerly RCW 70.118B.005.]