reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.115 - Large On-Site Sewage Disposal Systems. › 70A.115.010 - Definitions.

RCW 70A.115.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the state department of health.
(2) "Industrial wastewater" means the water or liquid carried waste from an industrial process. These wastes may result from any process or activity of industry, manufacture, trade, or business, from the development of any natural resource, or from animal operations such as feedlots, poultry houses, or dairies. The term includes contaminated stormwater and leachate from solid waste facilities.
(3) "Large on-site sewage system" means an on-site sewage system with design flows of between three thousand five hundred gallons per day and one hundred thousand gallons per day.
(4) "On-site sewage system" means an integrated system of components, located on or nearby the property it serves, that conveys, stores, treats, and provides subsurface soil treatment and disposal of domestic sewage. It consists of a collection system, a treatment component or treatment sequence, and a subsurface soil disposal component. It may or may not include a mechanical treatment system. An on-site sewage system also refers to a holding tank sewage system or other system that does not have a soil dispersal component. A holding tank that discharges to a sewer is not included in the definition of on-site sewage system. A system into which stormwater or industrial wastewater is discharged is not included in the definition of on-site sewage system.
(5) "Person" means any individual, corporation, company, association, firm, partnership, governmental agency, or any other entity whatsoever, and the authorized agents of any such entities.
(6) "Secretary" means the secretary of health.
(7) "Waters of the state" has the same meaning as defined in RCW 90.48.020.
[ 2007 c 343 § 2. Formerly RCW 70.118B.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.115 - Large On-Site Sewage Disposal Systems. › 70A.115.020 - Comprehensive regulation—Department duties.

RCW 70A.115.020
Comprehensive regulation—Department duties.
(1) For the protection of human health and the environment the department shall:
(a) Establish and provide for the comprehensive regulation of large on-site sewage systems including, but not limited to, system siting, design, construction, installation, operation, maintenance, and repair;
(b) Control and prevent pollution of streams, lakes, rivers, ponds, inland waters, salt waters, water courses, and other surface and underground waters of the state of Washington, except to the extent authorized by permits issued under this chapter;
(c) Issue annual operating permits for large on-site sewage systems based on the system's ability to function properly in compliance with the applicable comprehensive regulatory requirements; and
(d) Enforce the large on-site sewage system requirements.
(2) Large on-site sewage systems permitted by the department may not be used for treatment and disposal of industrial wastewater or combined sanitary sewer and stormwater systems.
(3) The work group convened under RCW 70A.110.080(4) to make recommendations to the appropriate committees of the legislature for the development of certification or licensing of maintenance specialists shall include recommendations for the development of certification or licensing of large on-site sewage system operators.
[ 2020 c 20 § 1341; 2007 c 343 § 3. Formerly RCW 70.118B.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.115 - Large On-Site Sewage Disposal Systems. › 70A.115.040 - Rules.

RCW 70A.115.040
Rules.
(1) For the protection of human health and the environment, the secretary shall adopt rules for the comprehensive regulation of large on-site sewage systems, which includes, but is not limited to, the siting, design, construction, installation, maintenance, repair, and permitting of the systems.
(2) In adopting the rules, the secretary shall, in consultation with the department of ecology, require that large on-site sewage systems comply with the applicable sections of chapter 90.48 RCW regarding control and prevention of pollution of waters of the state, including but not limited to:
(a) Surface and groundwater standards established under RCW 90.48.035; and
(b) Those provisions requiring all known, available, and reasonable methods of treatment.
(3) In adopting the rules, the secretary shall ensure that requirements for large on-site sewage systems are consistent with the requirements of any comprehensive plans or development regulations adopted under chapter 36.70A RCW or any other applicable comprehensive plan, land use plan, or development regulation adopted by a city, town, or county.
[ 2007 c 343 § 5. Formerly RCW 70.118B.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.115 - Large On-Site Sewage Disposal Systems. › 70A.115.060 - Injunctions.

RCW 70A.115.060
Injunctions.
Notwithstanding the existence or use of any other remedy, the department may bring an action to enjoin a violation or threatened violation of this chapter or rules adopted under this chapter. The department may bring the action in the superior court of the county in which the large on-site sewage system is located or in the superior court of Thurston county.
[ 2007 c 343 § 7. Formerly RCW 70.118B.060.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.115 - Large On-Site Sewage Disposal Systems. › 70A.115.070 - Authority and duties.

RCW 70A.115.070
Authority and duties.
The authority and duties created in this chapter are in addition to any authority and duties already provided in law. Nothing in this chapter limits the powers of the state or any political subdivision to exercise such authority.
[ 2007 c 343 § 8. Formerly RCW 70.118B.070.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.120 - Public Water Supply Systems—Operators. › 70A.120.010 - Legislative declaration.

RCW 70A.120.010
Legislative declaration.
The legislature declares that competent operation of a public water system is necessary for the protection of the consumers' health, and therefore it is of vital interest to the public. In order to protect the public health and conserve and protect the water resources of the state, it is necessary to provide for the classifying of all public water systems; to require the examination and certification of the persons responsible for the technical operation of such systems; and to provide for the promulgation of rules and regulations to carry out this chapter.
[ 1991 c 305 § 1; 1983 c 292 § 1; 1977 ex.s. c 99 § 1. Formerly RCW 70.119.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.120 - Public Water Supply Systems—Operators. › 70A.120.040 - Exclusions from chapter.

RCW 70A.120.040
Exclusions from chapter.
Nothing in this chapter shall apply to:
(1) Industrial water supply systems which do not supply water to residences for domestic use and are under the jurisdictional requirements of the Washington Industrial Safety and Health Act of 1973, chapter 49.17 RCW, as now or hereafter amended; or
(2) The preparation, distribution, or sale of bottled water or water similarly packaged.
[ 1977 ex.s. c 99 § 4. Formerly RCW 70.119.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.120 - Public Water Supply Systems—Operators. › 70A.120.050 - Rules and regulations—Secretary to adopt.

RCW 70A.120.050
Rules and regulations—Secretary to adopt.
The secretary shall adopt such rules and regulations as may be necessary for the administration of this chapter and shall enforce such rules and regulations. The rules and regulations shall include provisions establishing minimum qualifications and procedures for the certification of operators, criteria for determining the kind and nature of continuing educational requirements for renewal of certification under RCW 70A.120.100(2), and provisions for classifying water purification plants and distribution systems.
Rules and regulations adopted under the provisions of this section shall be adopted in accordance with the provisions of chapter 34.05 RCW.
[ 2020 c 20 § 1344; 1995 c 269 § 2905; 1983 c 292 § 4; 1977 ex.s. c 99 § 5. Formerly RCW 70.119.050.]
NOTES:
Effective date—Part headings not law—Severability—1995 c 269: See notes following RCW 18.16.050.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.120 - Public Water Supply Systems—Operators. › 70A.120.060 - Public water systems—Secretary to categorize.

RCW 70A.120.060
Public water systems—Secretary to categorize.
The secretary shall further categorize all public water systems with regard to the size, type, source of water, and other relevant physical conditions affecting purification plants and distribution systems to assist in identifying the skills, knowledge and experience required for the certification of operators for each category of such systems, to assure the protection of the public health and conservation and protection of the state's water resources as required under RCW 70A.120.010, and to implement the provisions of the state safe drinking water act in chapter 70A.125 RCW. In categorizing all public water systems for the purpose of implementing these provisions of state law, the secretary shall take into consideration economic impacts as well as the degree and nature of any public health risk.
[ 2020 c 20 § 1345; 1991 c 305 § 4; 1977 ex.s. c 99 § 6. Formerly RCW 70.119.060.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.120 - Public Water Supply Systems—Operators. › 70A.120.070 - Secretary—Consideration of guidelines.

RCW 70A.120.070
Secretary—Consideration of guidelines.
The secretary is authorized, when taking action pursuant to RCW 70A.120.050 and 70A.120.060, to consider generally applicable criteria and guidelines developed by a nationally recognized association of certification authorities and commonly accepted national guidelines and standards.
[ 2020 c 20 § 1346; 1983 c 292 § 5; 1977 ex.s. c 99 § 7. Formerly RCW 70.119.070.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.120 - Public Water Supply Systems—Operators. › 70A.120.080 - Ad hoc advisory committees.

RCW 70A.120.080
Ad hoc advisory committees.
The secretary, in cooperation with the director of ecology, may establish ad hoc advisory committees, as necessary, to obtain advice and technical assistance regarding the development of rules implementing this chapter and on the examination and certification of operators of water systems.
[ 1995 c 269 § 2909. Formerly RCW 70.119.081.]
NOTES:
Effective date—Part headings not law—Severability—1995 c 269: See notes following RCW 18.16.050.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.120 - Public Water Supply Systems—Operators. › 70A.120.090 - Certificates without examination—Conditions.

RCW 70A.120.090
Certificates without examination—Conditions.
Certificates shall be issued without examination under the following conditions:
(1) Certificates shall be issued without application fee to operators who, on January 1, 1978, hold certificates of competency attained under the voluntary certification program sponsored jointly by the state department of social and health services, health services division, and the Pacific Northwest section of the American water works association.
(2) Certification shall be issued to persons certified by a governing body or owner of a public water system to have been the operators of a purification plant or distribution system on January 1, 1978, but only to those who are required to be certified under RCW 70A.120.030(1). A certificate so issued shall be valid for operating any plant or system of the same classification and same type of water source.
(3) A nonrenewable certificate, temporary in nature, may be issued to an operator for a period not to exceed twelve months to fill a vacated position required to have a certified operator. Only one such certificate may be issued subsequent to each instance of vacation of any such position.
[ 2020 c 20 § 1347; 1991 c 305 § 5; 1983 c 292 § 7; 1977 ex.s. c 99 § 9. Formerly RCW 70.119.090.]
NOTES:
Effective date—1977 ex.s. c 99: See RCW 70A.120.900.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.120 - Public Water Supply Systems—Operators. › 70A.120.100 - Certificates—Issuance and renewal—Conditions.

RCW 70A.120.100
Certificates—Issuance and renewal—Conditions.
The issuance and renewal of a certificate shall be subject to the following conditions:
(1) Except as provided in RCW 70A.120.090, a certificate shall be issued if the operator has satisfactorily passed a written examination, has paid the department an application fee as established by the department under RCW 70A.120.160, and has met the requirements specified in the rules and regulations as authorized by this chapter.
(2) Every certificate shall be renewed annually upon the payment of a fee as established by the department under RCW 70A.120.160 and satisfactory evidence is presented to the secretary that the operator has fulfilled the continuing education requirements as prescribed by rule of the department.
(3) The secretary shall notify operators who fail to renew their certificates before the end of the year that their certificates are temporarily valid for two months following the end of the certificate year. Certificates not renewed during the two month period shall be invalid and the secretary shall so notify the holders of such certificates.
(4) An operator who has failed to renew a certificate pursuant to the provisions of this section, may reapply for certification and the secretary may require the operator to meet the requirements established for new applicants.
[ 2020 c 20 § 1348; 1993 c 306 § 1; 1991 c 305 § 6; 1987 c 75 § 11; 1983 c 292 § 8; 1982 c 201 § 13; 1977 ex.s. c 99 § 10. Formerly RCW 70.119.100.]
NOTES:
Savings—1987 c 75: See RCW 43.20B.900.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.120 - Public Water Supply Systems—Operators. › 70A.120.110 - Certificates—Grounds for revocation.

RCW 70A.120.110
Certificates—Grounds for revocation.
The secretary may revoke or suspend a certificate: (1) Found to have been obtained by fraud or deceit; (2) for fraud, deceit, or gross negligence involving the operation or maintenance of a public water system; (3) for fraud, deceit, or gross negligence in inspecting, testing, maintenance, or repair of backflow assemblies, devices, or air gaps intended to protect a public water system from contamination; or (4) for an intentional violation of the requirements of this chapter or any lawful rules, order, or regulation of the department. No person whose certificate is revoked under this section shall be eligible to apply for a certificate until the completion of the revocation period.
[ 2009 c 221 § 5; 1995 c 269 § 2906; 1991 c 305 § 7; 1983 c 292 § 9; 1977 ex.s. c 99 § 11. Formerly RCW 70.119.110.]
NOTES:
Effective date—Part headings not law—Severability—1995 c 269: See notes following RCW 18.16.050.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.120 - Public Water Supply Systems—Operators. › 70A.120.120 - Secretary—Authority.

RCW 70A.120.120
Secretary—Authority.
To carry out the provisions and purposes of this chapter, the secretary is authorized and empowered to:
(1) Receive financial and technical assistance from the federal government and other public or private agencies.
(2) Participate in related programs of the federal government, other state, interstate agencies, or other public or private agencies or organizations.
(3) Assess fees determined pursuant to RCW 70A.120.160 on public water systems to support the waterworks operator certification program.
[ 2020 c 20 § 1349; 1993 c 306 § 2; 1977 ex.s. c 99 § 12. Formerly RCW 70.119.120.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.120 - Public Water Supply Systems—Operators. › 70A.120.130 - Violations—Penalties.

RCW 70A.120.130
Violations—Penalties.
Any person, including any operator or any firm, association, corporation, municipal corporation, or other governmental subdivision or agency who, after thirty days' written notice, operates a public water system which is not in compliance with RCW 70A.120.030(1), shall be guilty of a misdemeanor. Each month of such operation out of compliance with RCW 70A.120.030(1) shall constitute a separate offense. Upon conviction, violators shall be fined an amount not exceeding one hundred dollars for each offense. It shall be the duty of the prosecuting attorney or the attorney general, as appropriate, to secure injunctions of continuing violations of any provisions of this chapter or the rules and regulations adopted under this chapter.
[ 2020 c 20 § 1350; 2009 c 221 § 6; 1991 c 305 § 8; 1983 c 292 § 10; 1977 ex.s. c 99 § 13. Formerly RCW 70.119.130.]
NOTES:
Effective date—1977 ex.s. c 99: See RCW 70A.120.900.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.120 - Public Water Supply Systems—Operators. › 70A.120.140 - Certificates—Reciprocity with other states.

RCW 70A.120.140
Certificates—Reciprocity with other states.
Operators certified by any state under provisions that, in the judgment of the secretary, are substantially equivalent to the requirements of this chapter and any rules and regulations promulgated hereunder, may be issued, upon application, a certificate without examination.
In making determinations pursuant to this section, the secretary shall consult with the *board and may consider any generally applicable criteria and guidelines developed by a nationally recognized association of certification authorities.
[ 1977 ex.s. c 99 § 14. Formerly RCW 70.119.140.]
NOTES:
*Reviser's note: RCW 70.95B.070, which created the water and wastewater operator certification board of examiners, was repealed by 1995 c 269 § 2907, effective July 1, 1995.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.120 - Public Water Supply Systems—Operators. › 70A.120.150 - Waterworks operator certification account.

RCW 70A.120.150
Waterworks operator certification account.
The waterworks operator certification account is created in the general fund of the state treasury. All fees paid pursuant to RCW 70A.120.100, 70A.120.120(3), and any other receipts realized in the administration of this chapter shall be deposited in the waterworks operator certification account. Moneys in the account shall be spent only after appropriation. Moneys from the account shall be used by the department of health to carry out the purposes of the waterworks operator certification program.
[ 2020 c 20 § 1351; 1993 c 306 § 3; 1977 ex.s. c 99 § 15. Formerly RCW 70.119.150.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.120 - Public Water Supply Systems—Operators. › 70A.120.160 - Fee schedules—Certified operators—Public water systems.

RCW 70A.120.160
Fee schedules—Certified operators—Public water systems.
The department of health certifies public water system operators and monitors public water systems to ensure that such systems comply with the requirements of this chapter and rules implementing this chapter. The secretary shall establish a schedule of fees for operator applicants and renewal licenses and a separate schedule of fees for public water systems to support the waterworks operator certification program. The fees shall be set at a level sufficient for the department to recover the costs of the waterworks operator certification program and in accordance with the procedures established under RCW 43.70.250.
[ 2009 c 221 § 7; 1993 c 306 § 4. Formerly RCW 70.119.160.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.120 - Public Water Supply Systems—Operators. › 70A.120.170 - Certification of backflow assembly testers and cross-connection control specialists.

RCW 70A.120.170
Certification of backflow assembly testers and cross-connection control specialists.
(1) Backflow assembly testers and cross-connection control specialists must hold a valid certificate and must be certified as provided by rule as adopted under the authority of RCW 70A.120.050.
(2) Backflow assembly testers who maintain or repair backflow assemblies, devices, or air gaps inside a building are subject to certification under chapter 18.106 RCW.
[ 2020 c 20 § 1352; 2009 c 221 § 3. Formerly RCW 70.119.170.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.120 - Public Water Supply Systems—Operators. › 70A.120.180 - Examinations.

RCW 70A.120.180
Examinations.
(1) Any examination required by the department as a prerequisite for the issuance of certificate under this chapter must be offered in both eastern and western Washington.
(2) Operators not required to be certified by this chapter are encouraged to become certified on a voluntary basis.
[ 2009 c 221 § 4. Formerly RCW 70.119.180.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.120 - Public Water Supply Systems—Operators. › 70A.120.900 - Effective date—1977 ex.s. c 99.

RCW 70A.120.900
Effective date—1977 ex.s. c 99.
This act shall take effect on January 1, 1978.
[ 1977 ex.s. c 99 § 17. Formerly RCW 70.119.900.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.125 - Public Water Systems—Penalties and Compliance. › 70A.125.020 - Environmental excellence program agreements—Effect on chapter.

RCW 70A.125.020
Environmental excellence program agreements—Effect on chapter.
Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW.
[ 1997 c 381 § 24. Formerly RCW 70.119A.025.]
NOTES:
Purpose—1997 c 381: See RCW 43.21K.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.125 - Public Water Systems—Penalties and Compliance. › 70A.125.030 - Public health emergencies—Violations—Penalty.

RCW 70A.125.030
Public health emergencies—Violations—Penalty.
(1) The secretary or his or her designee or the local health officer may declare a public health emergency. As limited by RCW 70A.125.040, the department may impose penalties for violations of laws or regulations that are determined to be a public health emergency.
(2) As limited by RCW 70A.125.040, the department may impose penalties for violation of laws or rules regulating public water systems and administered by the department of health.
[ 2020 c 20 § 1354; 1993 c 305 § 1; 1991 c 304 § 3; 1989 c 422 § 6; 1986 c 271 § 3. Formerly RCW 70.119A.030.]
NOTES:
Requirements effective upon adoption of rules—1991 c 304: See note following RCW 70A.125.090.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.125 - Public Water Systems—Penalties and Compliance. › 70A.125.050 - Enforcement of regulations by local boards of health—Civil penalties.

RCW 70A.125.050
Enforcement of regulations by local boards of health—Civil penalties.
Each local board of health that is enforcing the regulations regarding public water systems is authorized to impose and collect civil penalties for violations within the area of its responsibility under the same limitations and requirements imposed upon the department by RCW 70A.125.030 and 70A.125.040, except that judgment shall be entered in the name of the local board and penalties shall be placed into the general fund of the county, city, or town operating the local board of health.
[ 2020 c 20 § 1355; 2009 c 495 § 4; 1993 c 305 § 3; 1989 c 422 § 8; 1986 c 271 § 5. Formerly RCW 70.119A.050.]
NOTES:
Effective date—2009 c 495: See note following RCW 43.20.050.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.125 - Public Water Systems—Penalties and Compliance. › 70A.125.070 - Department contracting authority.

RCW 70A.125.070
Department contracting authority.
The department may enter into contracts to carry out the purposes of this chapter.
[ 1989 c 422 § 4. Formerly RCW 70.119A.070.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.125 - Public Water Systems—Penalties and Compliance. › 70A.125.080 - Drinking water program.

RCW 70A.125.080
Drinking water program.
(1) The department shall administer a drinking water program which includes, but is not limited to, those program elements necessary to assume primary enforcement responsibility for part B, and section 1428 of part C of the federal safe drinking water act. No rule promulgated or implemented by the department of health or the state board of health for the purpose of compliance with the requirements of the federal safe drinking water act, 42 U.S.C. Sec. 300f et seq., shall be applicable to public water systems to which that federal law is not applicable, unless the department or the state board determines that such rule is necessary for the protection of public health.
(2) The department shall enter into an agreement of administration with the department of ecology and any other appropriate agencies, to administer the federal safe drinking water act.
(3) The department is authorized to accept federal grants for the administration of a primary program.
[ 1991 c 3 § 371; 1989 c 422 § 5. Formerly RCW 70.119A.080.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.125 - Public Water Systems—Penalties and Compliance. › 70A.125.090 - Operating permits—Findings.

RCW 70A.125.090
Operating permits—Findings.
The legislature finds that:
(1) The responsibility for ensuring that the citizens of this state have a safe and reliable drinking water supply is shared between local government and state government, and is the obligation of every public water system;
(2) A rapid increase in the number of public water systems supplying drinking water to the citizens of this state has significantly increased the burden on both local and state government to monitor and enforce compliance by these systems with state laws that govern planning, design, construction, operation, maintenance, financing, management, and emergency response;
(3) The federal safe drinking water act imposes on state and local governments and the public water systems of this state significant new responsibilities for monitoring, testing, and treating drinking water supplies; and
(4) Existing drinking water programs at both the state and local government level need additional authorities to enable them to more comprehensively and systematically address the needs of the public water systems of this state and assure that the public health and safety of its citizens are protected.
Therefore, annual operating permit requirements shall be established in accordance with this chapter. The operating permit requirements shall be administered by the department and shall be used as a means to assure that public water systems provide safe and reliable drinking water to the public. The department and local government shall conduct comprehensive and systematic evaluations to assess the adequacy and financial viability of public water systems. The department may impose permit conditions, requirements for system improvements, and compliance schedules in order to carry out the purpose of chapter 304, Laws of 1991.
[ 1991 c 304 § 1. Formerly RCW 70.119A.100.]
NOTES:
Requirements effective upon adoption of rules—1991 c 304: "The department shall adopt rules necessary to implement sections 5 through 7 of this act. The requirements of this act shall take effect upon adoption of rules pursuant to this act." [ 1991 c 304 § 8.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.125 - Public Water Systems—Penalties and Compliance. › 70A.125.110 - Organic and inorganic chemicals—Area-wide waiver program.

RCW 70A.125.110
Organic and inorganic chemicals—Area-wide waiver program.
The department shall develop and implement a voluntary consolidated source monitoring program sufficient to accurately characterize the source water quality of the state's drinking water supplies and to maximize the flexibility allowed in the federal safe drinking water act to allow public water systems to be waived from full testing requirements for organic and inorganic chemicals under the federal safe drinking water act. The department shall arrange for the initial sampling and provide for testing and programmatic costs to the extent that the legislature provides funding for this purpose in water system operating permit fees or through specific appropriation of funds from other sources. The department shall assess a fee using its authority under RCW 43.20B.020, sufficient to cover all testing and directly related costs to public water systems that otherwise are not funded. The department shall adjust the amount of the fee based on the size of the public drinking water system. Fees charged by the department for this purpose may not vary by more than a factor of ten. The department shall, to the extent feasible and cost-effective, use the services of local governments, local health departments, and private laboratories to implement the testing program. The department shall consult with the departments of agriculture and ecology for the purpose of exchanging water quality and other information.
[ 1997 c 218 § 3; 1994 c 252 § 3. Formerly RCW 70.119A.115.]
NOTES:
Findings—Effective date—1997 c 218: See notes following RCW 70A.120.030.
Finding—Effective date—1994 c 252: See notes following RCW 70A.125.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.125 - Public Water Systems—Penalties and Compliance. › 70A.125.120 - Safe drinking water account.

RCW 70A.125.120
Safe drinking water account.
The safe drinking water account is created in the general fund of the state treasury. All receipts from the operating permit fees required to be paid under RCW 70A.125.100 shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used by the department of health to carry out the purposes of chapter 304, Laws of 1991 and to carry out contracts with local governments in accordance with this chapter.
[ 2020 c 20 § 1358; 1991 c 304 § 6. Formerly RCW 70.119A.120.]
NOTES:
Requirements effective upon adoption of rules—1991 c 304: See note following RCW 70A.125.090.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.125 - Public Water Systems—Penalties and Compliance. › 70A.125.130 - Local government authority.

RCW 70A.125.130
Local government authority.
(1) Local governments may establish separate operating permit requirements for public water systems provided the operating permit requirements have been approved by the department. The department shall not approve local operating permit requirements unless the local system will result in an increased level of service to the public water system. There shall not be duplicate operating permit requirements imposed by local governments and the department.
(2) Local governments may establish requirements for group B public water systems in addition to those established by rule by the state board of health pursuant to RCW 43.20.050(2) or other rules adopted by the department, provided that the requirements are at least as stringent as the state requirements.
[ 2009 c 495 § 6; 1995 c 376 § 9; 1991 c 304 § 7. Formerly RCW 70.119A.130.]
NOTES:
Effective date—2009 c 495: See note following RCW 43.20.050.
Effective date—1995 c 376 § 9: "Section 9 of 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 July 1, 1995." [ 1995 c 376 § 17.]
Findings—1995 c 376: See note following RCW 70A.100.060.
Requirements effective upon adoption of rules—1991 c 304: See note following RCW 70A.125.090.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.125 - Public Water Systems—Penalties and Compliance. › 70A.125.140 - Report by bottled water plant operator or water dealer of contaminant in water source.

RCW 70A.125.140
Report by bottled water plant operator or water dealer of contaminant in water source.
In such cases where a bottled water plant operator or water dealer knows or has reason to believe that a contaminant is present in the source water because of spill, release of a hazardous substance, or otherwise, and the contaminant's presence would create a potential health hazard to consumers, the plant operator or water dealer must report such an occurrence to the state's department of health.
[ 1992 c 34 § 5. Formerly RCW 70.119A.140.]
NOTES:
Severability—1992 c 34: See note following RCW 69.07.170.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.125 - Public Water Systems—Penalties and Compliance. › 70A.125.150 - Authority to enter premises—Search warrants—Investigations.

RCW 70A.125.150
Authority to enter premises—Search warrants—Investigations.
(1)(a) Except as otherwise provided in (b) of this subsection, the secretary or his or her designee shall have the right to enter a premises under the control of a public water system at reasonable times with prior notification in order to determine compliance with laws and rules administered by the department of health to test, inspect, or sample features of a public water system and inspect, copy, or photograph monitoring equipment or other features of a public water system, or records required to be kept under laws or rules regulating public water systems. For the purposes of this section, "premises under the control of a public water system" does not include the premises or private property of a customer of a public water system past the point on the system where the service connection is made.
(b) The secretary or his or her designee need not give prior notification to enter a premises under (a) of this subsection if the purpose of the entry is to ensure compliance by the public water system with a prior order of the department or if the secretary or the secretary's designee has reasonable cause to believe the public water system is violating the law and poses a serious threat to public health and safety.
(2) The secretary or his or her designee may apply for an administrative search warrant to a court official authorized to issue a criminal search warrant. An administrative search warrant may be issued for the purposes of inspecting or examining property, buildings, premises, place, books, records, or other physical evidence, or conducting tests or taking samples. The warrant shall be issued upon probable cause. It is sufficient probable cause to show any of the following:
(a) The inspection, examination, test, or sampling is pursuant to a general administrative plan to determine compliance with laws or rules administered by the department; or
(b) The secretary or his or her designee has reason to believe that a violation of a law or rule administered by the department has occurred, is occurring, or may occur.
(3) The local health officer or the designee of a local health officer of a local board of health that is enforcing rules regulating public water systems under an agreement with the department allocating state and local responsibility is authorized to conduct investigations and to apply for, obtain, and execute administrative search warrants necessary to perform the local board's agreed-to responsibilities under the same limitations and requirements imposed on the department under this section.
[ 1993 c 305 § 4. Formerly RCW 70.119A.150.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.125 - Public Water Systems—Penalties and Compliance. › 70A.125.180 - Water system acquisition and rehabilitation program—Created.

RCW 70A.125.180
Water system acquisition and rehabilitation program—Created.
Subject to the availability of amounts appropriated for this specific purpose, the department shall provide financial assistance through a water system acquisition and rehabilitation program, hereby created. The department shall adopt guidelines for the program using as a model the procedures and criteria of the drinking water revolving loan program authorized under RCW 70A.125.160. All financing provided through the program must be in the form of grants or loans that partially cover project costs, including projects and planning required under RCW 43.20.310. The maximum grant or loan to any eligible entity may not exceed 25 percent of the funds allocated to the appropriation in any fiscal year.
[ 2023 c 228 § 18; 2020 c 20 § 1359; 2008 c 214 § 2. Formerly RCW 70.119A.190.]
NOTES:
Finding—Purpose—2008 c 214: "The legislature finds that it is the state's policy to maintain the highest quality and reliability of drinking water supplies to all citizens of the state. Small water systems may face greater challenges in this regard because of declining quality in water sources, catastrophic events such as flooding that impair water sources, the age of the system's infrastructure, saltwater intrusion into water sources, inadequate rate base for conducting necessary improvements, and other challenges. In response to these needs, the water system acquisition and rehabilitation program was created through biennial budget law, and through the current biennium has a total of nine million seven-hundred fifty thousand dollars toward assisting dozens of water systems to improve the quality of water supply service to thousands of customers.
It is the purpose of this act to establish an ongoing water system acquisition and rehabilitation program, to direct a review of the program to date, and to provide for recommendations for strengthening the program and increasing the financial assistance available under the program." [ 2008 c 214 § 1.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.125 - Public Water Systems—Penalties and Compliance. › 70A.125.190 - Measuring chlorine residuals.

RCW 70A.125.190
Measuring chlorine residuals.
A group A water system serving fewer than one hundred connections that purchases water from a water system approved by the department shall measure chlorine residuals at the same time and location of collection for a routine and repeat coliform sample.
[ 2009 c 367 § 8. Formerly RCW 70.119A.200.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.125 - Public Water Systems—Penalties and Compliance. › 70A.125.200 - Fire sprinkler systems—Shutting off—Liability.

RCW 70A.125.200
Fire sprinkler systems—Shutting off—Liability.
(1) A person or purveyor that owns, operates, or maintains a public water system shall not be liable for damages resulting from shutting off water to a residential home with an installed fire sprinkler system if the shut off is due to: (a) Routine maintenance or construction; (b) nonpayment by the customer; or (c) a water system emergency.
(2) Any governmental or municipal corporation, including but not limited to special districts, shall be deemed to be exercising a governmental function when it acts or undertakes to supply water, within or without its corporate limits, to a residential home with an installed fire sprinkler system.
[ 2011 c 331 § 4. Formerly RCW 70.119A.210.]
NOTES:
Intent—2011 c 331: See note following RCW 82.02.100.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.125 - Public Water Systems—Penalties and Compliance. › 70A.125.210 - Fluoridation of water supply—Commencing or discontinuing—Notice.

RCW 70A.125.210
Fluoridation of water supply—Commencing or discontinuing—Notice.
A public water system that considers commencing or discontinuing fluoridation of its water supply on a continuing basis shall notify its customers and the department of its intentions at least 90 days prior to a vote or decision on the matter. The water system shall notify its customers via radio, television, newspaper, regular mail, electronic means, or any notification methods which effectively notify customers at least 90 days prior to any meeting at which the vote or decision will occur. Any public water system that violates the notification requirements of this subsection [section] shall return the fluoridation of its water supply to its previous level until proper notification is provided under the provisions of this section.
[ 2023 c 140 § 1.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.125 - Public Water Systems—Penalties and Compliance. › 70A.125.900 - Short title—1989 c 422.

RCW 70A.125.900
Short title—1989 c 422.
This act shall be known and cited as the "Washington state safe drinking water act."
[ 1989 c 422 § 1. Formerly RCW 70.119A.900.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.130 - Chemical Contaminants and Water Quality. › 70A.130.010 - Establishment of standards for chemical contaminants in drinking water by state board of health.

RCW 70A.130.010
Establishment of standards for chemical contaminants in drinking water by state board of health.
(1) In order to protect public health from chemical contaminants in drinking water, the state board of health shall conduct public hearings and, where technical data allow, establish by rule standards for allowable concentrations. For purposes of this chapter, the words "chemical contaminants" are limited to synthetic organic chemical contaminants and to any other contaminants which in the opinion of the board constitute a threat to public health. If adequate data to support setting of a standard is available, the state board of health shall adopt by rule a maximum contaminant level for water provided to consumers' taps. Standards set for contaminants known to be toxic shall consider both short-term and chronic toxicity. Standards set for contaminants known to be carcinogenic shall be consistent with risk levels established by the state board of health.
(2) The board shall consider the best available scientific information in establishing the standards. The board may review and revise the standards. State and local standards for chemical contaminants may be more strict than the federal standards.
[ 1984 c 187 § 1. Formerly RCW 70.142.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.130 - Chemical Contaminants and Water Quality. › 70A.130.020 - Establishment of monitoring requirements for chemical contaminants in public water supplies by state board of health.

RCW 70A.130.020
Establishment of monitoring requirements for chemical contaminants in public water supplies by state board of health.
The state board of health shall conduct public hearings and establish by rule monitoring requirements for chemical contaminants in public water supplies. Results of tests conducted pursuant to such requirements shall be submitted to the department of health and to the local health department. The state board of health may review and revise monitoring requirements for chemical contaminants.
[ 1991 c 3 § 374; 1984 c 187 § 2. Formerly RCW 70.142.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.130 - Chemical Contaminants and Water Quality. › 70A.130.030 - Monitoring requirements—Considerations.

RCW 70A.130.030
Monitoring requirements—Considerations.
The state board of health in determining monitoring requirements for public water supply systems shall take into consideration economic impacts as well as public health risks.
[ 1984 c 187 § 5. Formerly RCW 70.142.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.130 - Chemical Contaminants and Water Quality. › 70A.130.040 - Establishment of water quality standards by local health department in large counties.

RCW 70A.130.040
Establishment of water quality standards by local health department in large counties.
Each local health department serving a county with a population of one hundred twenty-five thousand or more may establish water quality standards for its jurisdiction more stringent than standards established by the state board of health. Each local health department establishing such standards shall base the standards on the best available scientific information.
[ 1991 c 363 § 145; 1984 c 187 § 3. Formerly RCW 70.142.040.]
NOTES:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.130 - Chemical Contaminants and Water Quality. › 70A.130.050 - Noncomplying public water supply systems—Submission of corrective plan—Notification to system's customers.

RCW 70A.130.050
Noncomplying public water supply systems—Submission of corrective plan—Notification to system's customers.
Public water supply systems as defined by RCW 70A.120.020 that the state board of health or local health department determines do not comply with the water quality standards applicable to the system shall immediately initiate preparation of a corrective plan designed to meet or exceed the minimum standards for submission to the department of health. The owner of such system shall within one year take any action required to bring the water into full compliance with the standards. The department of health may require compliance as promptly as necessary to abate an immediate public health threat or may extend the period of compliance if substantial new construction is required: PROVIDED FURTHER, That the extension shall be granted only upon a determination by the department, after a public hearing, that the extension will not pose an imminent threat to public health. Each such system shall include a notice identifying the water quality standards exceeded, and the amount by which the water tested exceeded the standards, in all customer bills mailed after such determination. The notification shall continue until water quality tests conducted in accordance with this chapter establish that the system meets or exceeds the minimum standards.
[ 2020 c 20 § 1377; 1991 c 3 § 375; 1984 c 187 § 4. Formerly RCW 70.142.050.]