Drafter
Clerk 06/04/2008
Title
A RULE AND REGULATION for the protection of the public health against the spread of disease from sewage; amending R&R 3, Part 1, Section 2, as amended, and BOH 13.04.020, R&R 3, Part 13, Section 1, as amended, and BOH 13.04.050, R&R 99-01, Section 2 (part), and BOH 13.04.054, R&R 3, Part 13, Section 2, as amended, and BOH 13.04.060, R&R 3, Part 13, Section 3, as amended, and BOH 13.04.070, R&R 99-01, Section 2 (part), and BOH 13.08.018, R&R 99-01, Section 2 (part), and BOH 13.08.084, R&R 99-01, Section 2 (part), and BOH 13.08.086, R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.090, R&R 99-01, Section 2 (part), and BOH 13.08.114, R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.120, R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.130, R&R 99-01, Section 2 (part), and BOH 13.08.132, R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.140, R&R 99-01, Section 2 (part), and BOH 13.08.152, R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.170, R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.180, R&R 99-01, Section 2 (part), and BOH 13.08.202, R&R 99-01, Section 2 (part), and BOH 13.08.214, R&R 99-01, Section 2 (part), and BOH 13.08.218, R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.220, R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.280, R&R 99-01, Section 2 (part), and BOH 13.08.284, R&R 99-01, Section 2 (part), and BOH 13.08.322, R&R 99-01, Section 2 (part), and BOH 13.08.324, R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.350, R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.360, R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.370, R&R 99-01, Section 2 (part), and BOH 13.08.372, R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.400, R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.420, R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.470, R&R 99-01, Section 2 (part), and BOH 13.08.472, R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.480, R&R 99-01, Section 2 (part), and BOH 13.08.484, R&R 99-01, Section 2 (part), and BOH 13.08.496, R&R 3, Part 1, Section 5 (part), and BOH 13.08.500, R&R 3, Part 10, Section 3 (E), as amended, and BOH 13.12.090, R&R 3, Part 12, Section 1, as amended, and BOH 13.16.010, R&R 3, Part 2, Section 1, as amended, and BOH 13.20.010, R&R 3, Part 2, Section 2 (A), as amended, and BOH 13.20.020, R&R 3, Part 2, Section 2 (B), as amended, and BOH 13.20.030, R&R 99-01, Section 2 (part), and BOH 13.20.035, R&R |1013|, Part 2, Section 3, as amended, and BOH 13.20.040, R&R 3, Part 3, Section 1, as amended, and BOH 13.24.010, R&R 3, Part 3, Section 2, as amended, and BOH 13.24.020, R&R 3, Part 3, Section 3, as amended, and BOH 13.24.030, R&R 3, Part 3, Section 4, as amended, and BOH 13.24.040, R&R 3, Part 3, Sections 1 and 4, as amended, and BOH 13.28.010, R&R 3, Part 4, Section 2, as amended, and BOH 13.28.020, R&R 3, Part 4, Section 3, as amended, and BOH 13.28.030, R&R 3, Part 4, Section 4, as amended, and BOH 13.28.0|1013|0, R&R 3, Part 4, Section 5, as amended, and BOH 13.28.050, R&R 3, Part 4, Section 6, as amended, and BOH 13.28.060, R&R 3, Part 4, Section 7, as amended, and BOH 13.28.070, R&R 3, Part 5, Section 1 (A) (4), as amended, and BOH 13.32.050, R&R 3, Part 5, Section 1 (A) (5), as amended, and BOH 13.32.060, R&R 3, Part 5, Section 2 (A), as amended, and BOH 13.36.010, R&R 3, Part 5, section 2 (B), as amended, and BOH 13.36.020, R&R 3, Part 5, Section 2 (C), as amended, and BOH 13.36.030, R&R 99-01, Section 2 (part), and BOH 13.40.001, R&R 99-01, Section 2 (part), and BOH 13.40.005, R&R 3, Part 5, Section 3 (A), as amended, and BOH 13.40.010, R&R 3, Part 5, Section 3 (C), as amended, and BOH 13.40.030, R&R 3, Part 5, Section 3 (D), as amended, and BOH 13.40.040, R&R 3, Part 5, Section 3 (E), as amended, and BOH 13.40.050, R&R 3, Part 5, Section 4, as amended, and BOH 13.44.010, R&R 3, Part 5, Section 6, as amended, and BOH 13.48.010, R&R 3, Part 5, Section 6, as amended, and BOH 13.48.020, R&R 3, Part 5, Section 7, as amended, and BOH 13.48.030, R&R 99-01, Section 2 (part), and BOH 13.48.060, R&R 3, Part 6, Section 1, as amended, and BOH 13.52.010, R&R 3, Part 6, Section 2, as amended, and BOH 13.52.020, R&R 3, Part 6, Section 3, as amended, and BOH 13.52.030, R&R 9|10 13|-01, Section 2 (part), and BOH 13.52.040, R&R 3, Part 6, Section 5, as amended, and BOH 13.52.050, R&R 99-01, Section 2 (part), and BOH 13.52.054, R&R 3, Part 6, Section 6, as amended, and BOH 13.52.060, R&R 3, Part 7, Section 1, as amended, and BOH 13.56.010, R&R 3, Part 7, Section 2, as amended, and BOH 13.56.020, R&R 3, Part 7, Section 3, as amended, and BOH 13.56.030, R&R 3, Part 7, Section 4, as amended, and BOH 13.56.040, R&R 3, Part 7, Section 5, as amended, and BOH 13.56.050, R&R 99-01, Section 2 (part), as amended, and BOH 13.56.054, R&R 3, Part 7, Section 6, as amended, and BOH 13.56.060, R&R 99-01, Section 2 (part), and BOH 13.60.005, R&R 3, Part 8, Section 1, as amended, and BOH 13.60.010, R&R 3, Part 8, Section 2, as amended, and BOH 13.60.020, R&R 3, Part 9, Section 1, as amended, and BOH 13.64.010, R&R 3, Part 9, Section 2, as amended, and BOH 13.64.020 R&R 3, Part 11, Section 1, as amended, and BOH 13.68.010, R&R 3, Part 11, Section 3, as amended, and BOH 13.68.030, R&R 99-01, Section 2 (part), and BOH 13.68.036 and R&R 99-01, Section 2 (part), as amended, and BOH 2.18.020, adding a new section to BOH chapter 13.04, adding new sections to BOH chapter 13.08, adding a new section to BOH chapter 13.56, adding new sections to BOH chapter 13.52, adding a new section to BOH chapter 13.60; recodifying 13.08.086 and 13.20.050 and repealing R&R 3, Part 1 Section 5 (part) and BOH 13.08.030, R&R 99-01, Section 2 (part), and BOH 13.08.034, R&R 99-01, Section 2 (part), and BOH 13.08.046,. R&R 99-01, Section 2 (part), and BOH 13.08.048, R&R 99-01, Section 2 (part) and BOH 13.08.088, R&R 99-01, Section 2 (part), and BOH 13.08.118, R&R 3, Part 1 Section 5 (part), and BOH 13.08.150, R&R 99-01, Section 2 (part), and BOH 13.08.262, R&R 99-01, Section 2 (part), and BOH 13.08.434, R&R 99-01, Section 2 (part), and BOH 13.08.492, R&R 99-01, Section 2 (part), and BOH 13.08.494 and R&R 99-01, Section 2 (part), and BOH 13.08.495; and making technical corrections; enacted pursuant to RCW 43.20.050 and 70.05.060, including the latest amendments or revisions thereto.
Body
BE IT ADOPTED BY THE KING COUNTY BOARD OF HEALTH:
SECTION 1. R&R 3, Part 1, Section 2, as amended, and BOH 13.04.020 are each hereby amended to read as follows:
Declaration of purpose and policy.
A. In compliance with ((WAC 246-272)) chapter 246-272A WAC, this title is enacted as an exercise of the Board of Health power of King County to protect and preserve the public health. Its provisions shall be liberally construed for the accomplishment of this purpose.
B. It is expressly the purpose of this title to provide for and promote the health of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this title.
C. It is the specific intent of this title to place the obligation of complying with its requirements upon the owner ((and/))or operator of premises and((/or)) other persons designated by this title within its scope, and no provision of ((nor)) or term used in this title is intended to impose any duty whatsoever upon King County or any of its officers or employees, for whom the implementation or enforcement of this title shall be discretionary and not mandatory.
D. Nothing contained in this title is intended to be nor shall be construed to create or form the basis for any liability on the part of King County, or its officers, employees or agents, for any injury or damage resulting from the failure of the owner ((and/))or operator of any premises to comply with the provisions of this title, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this title on the part of King County by its officers, employees or agents.
SECTION 2. R&R 3, Part 13, Section 1, as amended, and BOH 13.04.050 are each hereby amended to read as follows:
Connection to public sewer.
A. The owner or occupant of lands or premises located within the Urban Growth Area ((()), as defined in the King County Comprehensive Plan(())), undertaking new residential or non((-))residential construction, short subdivision or subdivision from which sewage will originate shall connect the construction to a public sewer((, provided)) if the sewer utility permits such connection. Within unincorporated King County such connection shall be in accordance with King County Code Section 13.24.136. Within incorporated cities such connection shall be in accordance with the policies of that city or the local sewer utility. The connection shall be made by connecting the building drain with an approved side sewer, and the side sewer to the public sewer.
B. For existing development located within or outside the Urban Growth Area and which is within two hundred feet (((200'))) of a public sewer, where an on-site sewage system is operating, ((connection to the public sewer is required)) the owner shall abandon the on-site sewage system in accordance with WAC 246-272A-0300 and connect the sanitary drainage system to the public sewer when the sewering authority permits such connection and when:
1. Repair, modification or replacement of the on-site sewage system is necessary, or the existing ((OSS)) on-site sewage system has failed and an ((OSS)) on-site sewage system fully conforming to this title cannot be designed and installed, or
2. ((At such time that additional)) Additional construction which in any way affects the on-site sewage system is proposed.
C. The distances set forth in subsection B. of this section shall be calculated along the shortest route in road rights-of-way and easements, consistent with the comprehensive planning and sewer extension practices of the sewer utility involved, from the existing sewer to the nearest point of the lands or premises to be served.
D. Every plumbing fixture and every sanitary drainage system not connected to a public sewer, or not required by law to be connected to a public sewer, shall be connected to an ((OSS)) on-site sewage system.
SECTION 3. R&R 99-01, Section 2 (part), and BOH 13.04.054 are each hereby amended to read as follows:
Abanonment.
A. Persons permanently removing a septic tank, seepage pit, cesspool((,)) or other OSS wastewater tanks from service shall within ((30)) thirty days:
1. Have the septage removed by an approved pumper; and
2. Remove or destroy the lid; and
3. Fill the void with compacted soil or gravel; and
4. Report the abandonment to the health officer on a form obtained from the health officer and accompanied by the fee specified in the fee schedule.
B. Contaminated rock, sand and gravel material from repairs to failing OSS shall be properly disposed of by either burying at an appropriate location approved by the health officer or transported to an approved sanitary landfill. The process of disposal shall be supervised by a licensed master installer.
SECTION 4. R&R 3, Part 13, Section 2, as amended, and BOH 13.04.060 are each hereby amended to read as follows:
((Surface discharge prohibited. Sewage, including treated effluent from an OSS (or side sewer), including septic tank waste as per WAC 246-272-19501 (Septage Management), shall not be discharged to surface water or upon the surface of the ground)) Failure prohibited. An owner may not allow an on-site sewage system or component or side sewer to remain in a condition of failure as defined in BOH chapter 13.08. The owner must cause the system, component or side sewer to be repaired or replaced, or the property served by the system to be connected to public sewer, as applicable, in accordance with the requirements of this title.
SECTION 5. R&R 3, Part 13, Section 3, as amended, and BOH 13.04.070 are each hereby amended to read as follows:
Domestic water supply source. No on-site sewage system ((shall)) may be constructed((, maintained or used)) or expanded if the plumbing fixtures draining to the system are not supplied with water ((under pressure pursuant to KCC 13.24.138 or 13.24.140 and)) from an approved source. An approved water source consists of one (((1))) of the following:
A. Public ((W))water ((S))source: A public water source currently in compliance with ((WAC)) chapter 246-290 or ((WAC)) 246-291 WAC and BOH Title 12 ((of this code)).
B. Private ((I))individual ((W))well ((S))source: A private well on a lot five (5) acres or greater in size((((. For new lots created after February 2, 1995 lot area placed into a separate sensitive area protection tract in accordance with KCC 21A.24.180 may be included in the computation of the minimum five (5) acre lot size required by this section.)))) or a lot created prior to May 18, 1972, which complies with all of the following conditions:
1. Source ((L))location ((A))approval: Any proposed new or replacement individual private well location shall be submitted to the health officer and receive approval prior to construction of the water source.
(((a))) a. All private water system development in the Urban Growth Area or in the Rural Area as defined by the King County Comprehensive Plan is subject to the provisions of King County Code 13.24.140 and 13.24.138, respectively.
(((b))) b. Proposed new initial water source locations shall be accurately specified upon an OSS site design application and shall be submitted for review by the health officer in conjunction with evaluation of the proposed OSS design. If the protective well radius is within ten feet of any lot line, easement line or any source of contamination, the health officer may require the well site to be surveyed.
(((c))) c. Application for replacement water source locations shall be made on forms obtained from the health officer and shall be accompanied by a review fee as specified in the fee ((table)) schedule.
(((d))) d. The new or replacement well location shall be clearly identified at the site.
e. Information shall be provided as part of the source location application to include, at minimum((; A)), a completely dimensioned plot plan, drawn to a scale not smaller than one inch (((1"))) equals one-hundred feet (((100'))) accurately showing the location of the proposed water source relative to property boundary lines, existing and proposed OSS components including OSS reserve area, existing and proposed structures, roads and driveways, surface water, direction of surface drainage, a designated source protection sanitary control area and any other features relevant to the siting of a water source location.
(((e) Within thirty (30) days of receiving a complete application the health officer shall approve or deny said application or notify the applicant that the application is approved, denied or pending. Reasons for denial or pendency of the application will be in writing.
(f))) f. A well source site approval is valid for ((a period of)) two (((2))) years from the date of approval or until the expiration of a building permit issued by the building official for construction of the primary structure to be served by the new well, whichever period is longer.
2. Source ((P))protection ((C))covenant: The property owner shall establish a source protection sanitary control area by providing a recorded protective covenant prohibiting, within a horizontal distance of not less than one hundred feet (((100'))) of the well, potential sources of contamination as described in ((the Code of the King County Board of Health Title 12, Section)) BOH 12.24.010 and WAC ((sections 173-160-020 and 173-160-205)) 173-160-171.
3. Demonstrate adequate water quantity by ((either)):
(((a))) a. Drilling, in known or suspected areas of low production, the well and conducting a ((4)) four hour pump test ((which)) that demonstrates that the proposed source well is capable of providing water to a residential dwelling in the amount of not less than ((400)) four hundred gallons per day. (((Section 4, Individual Water Supply Systems, Guidelines for Determining Water Availability for New Buildings, April, 1993, Ecology Publications 93-27).)) This pump test may be required to be performed during the months of August, September or October at the health officer's discretion; or
(((b))) b. Providing, in all other areas, adequate information to the satisfaction of the health officer to demonstrate the aquifer's capability to provide four hundred gallons per day. This information may include well logs or pumping reports from neighboring wells utilizing the same aquifer. The neighboring well or wells shall be shown on a map of the surrounding area identifying both the subject property and the location of the well or wells identified as neighboring. The map shall be included with the OSS site design application submittal.
4. Demonstrate adequate water quality by submitting results of all tests taken for the following and showing:
(((a))) a. ((at)) At least one (((1))) bacteriological analysis from the source water which does not exceed the maximum contaminant level prescribed in WAC 246-291-320 ((.)); and
(((b))) b. At least one (((1))) chemical test for nitrate and arsenic from the source water described in table 1, WAC 246-291-330 which does not exceed the maximum contaminant level per WAC 246-291-330.
5. Provide a copy of well driller's report per requirements of WAC 173-160-050.
6. Construction of the well must meet Washington ((S))state Department of Ecology's construction standards as per requirements of WAC ((C))chapter 173-160.
C. A private spring on a lot five (((5))) acres((1)) or greater or a lot created prior to May 18, 1972, ((which)) that complies with all of the following conditions prior to application for OSS site design approval:
1. Application for an individual private spring water source shall be made on forms provided by the health officer and shall be accompanied by a fee as specified in the fee ((table)) schedule.
2. The application shall include: a recorded protective covenant of no less than two hundred feet (((200'))) up slope and one hundred feet (((100'))) down slope from the spring prohibiting any potential sources of contamination as described in BOH 13.04.070 B.2((.)), a spring location plot plan, a detailed spring construction plan((,)) and information demonstrating acceptable water quality and quantity as specified ((by the
Code of the King County Board of Health)) in ((section)) BOH 12.20.040 and ((WAC C))chapter 246-291 WAC.
((______________
1. For new lots created after February 2, 1995 lot area placed into a separate sensitive area protection tract in accordance with KCC 21A.24.180 may be included in the computation of the minimum five (5) acre lot size required by this section.))
3. Within 30 days of receiving a complete application the health officer shall approve, deny or notify the applicant that the application is pending. Reasons for denial or pendency of the application shall be stated in writing.))
D. Lot area designated in whole or in part as a critical area may be included in the computation of the minimum five-acre lot size required by this section.
NEW SECTION. SECTION 6. There is hereby added a new section to BOH chapter 13.04 to read as follows:
Enforcement and rulemaking authority. Except as specifically otherwise provided in this title, the health officer shall have the authority to enforce the provisions of this title in accordance with BOH chapter 1.08. The health officer is also authorized to adopt rules consistent with this title for the purpose of enforcing and carrying out this title.
SECTION 7. R&R 99-01, Section 2 (part), and BOH 13.08.018 are each hereby amended to read as follows:
Abbreviations.
A. "ASTM" means American Society of Testing Material.
B. "ATU" means Aerobic Treatment Unit.
C. "BOD5" means biochemical oxygen demand, typically expressed in mg/L.
D. "CBOD5" means carbonaceous biochemical oxygen demand, typically expressed in mg/L. For purposes of approximate conversion from BOD5 to CBOD5,, multiply the BOD5 by 0.83.
E. "CEU" means continuing education unit.
F. "DDES" means King County ((D))department of ((D))development and ((E))environmental ((S))services.
((D)) G. "DOH" means the Washington ((S))state Department of Health.
H. "FC" means fecal coliform, typically expressed in number of colonies/ml.
((E. "LOSS" means large on-site sewage system.))
((F)) I. "mg/L" means milligrams per liter.
J. "NSF" means National Sanitation Foundation International.
K. "O and G," means oil and grease, a component of sewage typically originating from foodstuffs, which are animal fats or vegetable oils, or consisting of compounds of alcohol or glycerol with fatty acids, which are soaps and lotions. The quantity of O and G is typically expressed in mg/L.
((G. "OSS" means on-site sewage system.
H. ">" means greater than.
I. "<" means less than.
K. "SAS" means soil absorption system.
L "SSAS" means subsurface soil absorption system.))
L. "TN" means total nitrogen, typically expressed in mg/L.
M. "TSS" means total suspended solids, a measure of all suspended solids in a liquid, typically expressed in mg/L.
N. ">" means greater than.
O. "<" means less than.
SECTION 8. R&R 3, Part 1 Section 5 (part) and BOH 13.08.030 are each hereby repealed.
SECTION 10. R&R 99-01, Section 2 (part), and BOH 13.08.046 are each hereby repealed.
SECTION 11. R&R 99-01, Section 2 (part), and BOH 13.08.048 are each hereby repealed.
NEW SECTION. SECTION 12. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Bed" means a soil dispersal component consisting of an excavation with a width greater than three feet.
SECTION 13. R&R 99-01, Section 2 (part), and BOH 13.08.084 are each hereby amended to read as follows:
"Conforming system" means any on-site sewage system((, except an experimental system,)) meeting any of the following criteria:
A. Systems in full compliance with new construction requirements under this title; or
B. Systems approved, installed and operating in accordance with requirements of the previous edition of this title in force when the system was constructed or;
C. Systems or repairs permitted through the waiver process of WAC 246-272A-0420 or this title and ((which)) that assure public health protection by higher treatment performance or other methods.
SECTION 14. BOH 13.08.086, as amended by this rule, is hereby recodified as a new section in BOH chapter 13.08.
SECTION 15. R&R 99-01, Section 2 (part), and BOH 13.08.086 are each hereby amended to read as follows:
((Conventional g))Gravity system. (("Conventional g))Gravity system" means an on-site sewage system consisting of a septic tank and subsurface soil absorption system with gravity conveyance and distribution of the effluent and excluding any alternative system components.
SECTION 16. R&R 99-01, Section 2 (part) and, BOH 13.08.088 are each hereby repealed.
SECTION 17. R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.090 are each hereby amended to read as follows:
"Cover" means soil material that is used to cover a subsurface soil absorption system area composed predominately of mineral material with no greater than ten percent organic content. "Cover" material may contain an organic surface layer for establishing a vegetative landscape to reduce soil erosion.
NEW SECTION. SECTION 18. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Critical aquifer recharge area" means a critical area designated by the county or a city under the Washington state Growth Management Act, Chapter 36.70A RCW, as having a critical recharging effect on aquifers used for potable water
NEW SECTION. SECTION 19. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Critical areas" means areas designated as critical areas under the Washington state Growth Management Act, Chapter 36.70A RCW, including the following areas and ecosystems: wetlands, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas and geologically hazardous areas.
NEW SECTION. SECTION 20. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Department of Ecology" means the Washington state Department of Ecology.
NEW SECTION. SECTION 21. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Design flow" means the maximum volume of sewage a residence, structure, or other facility is estimated to generate in a twenty-four-hour period. It incorporates both an operating capacity and a surge capacity for the system during periodic heavy use events. The sizing and design of the on-site sewage system components are based on the design flow. An OSS is not meant to operate continuously at this capacity.
SECTION 22. R&R 99-01, Section 2 (part), and BOH 13.08.114 are each hereby amended to read as follows:
"Designer" means a person ((approved by the health officer, or an engineer)) who matches site and soil characteristics with appropriate on-site sewage technology and who holds either an on-site sewage treatment system designers license under chapter 18.210 RCW or is a professional engineer licensed under chapter 18.43 RCW.
NEW SECTION. SECTION 23. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Disinfection" means the process of destroying pathogenic microorganisms in sewage through the application of ultraviolet light, chlorination or ozonation.
SECTION 24. R&R 99-01, Section 2 (part), and BOH 13.08.118 are each hereby repealed.
SECTION 25. R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.120 are each hereby amended to read as follows:
"Dosing systems" means on-site sewage systems using a pump or siphon to transport, control flow and/or delivery volume of effluent to the final treatment and ((disposal)) soil dispersal component.
SECTION 26. R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.130 are each hereby amended to read as follows:
"Drainfield" means a subsurface soil absorption system ((consisting of trenches, together with the piping and gravel,)) or other soil dispersal component designed and installed ((in original undisturbed soil for the purpose of receiving septic tank or other pre-treated effluent and transmitting it into the soil)) to release effluent from a treatment component into the soil for dispersal, final treatment and recycling.
NEW SECTION. SECTION 27. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Drainrock" means clean washed gravel ranging in size from three-quarters to two and one half inches, and containing no more than two percent by weight passing a US No. 8 sieve and no more than one percent by weight passing a US No. 200 sieve.
SECTION 28. R&R 99-01, Section 2 (part), and BOH 13.08.132 are each hereby amended to read as follows:
"Effluent" means liquid discharged from a septic tank or other OSS component ((providing primary treatment. Also see "typical residential effluent")).
SECTION 29. R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.140 are each hereby amended to read as follows:
"Excessively permeable soils" means soils with a soil texture type 1((A)) or other textures as defined by the United States Department of Agriculture standards and where conditions are such that the treatment potential is ineffective in retaining ((and/))or removing substances of public health significance to underground sources of drinking water and soils with a percolation rate of one and one-half (((1.5))) minutes per inch or ((slower)) faster.
NEW SECTION. SECTION 30. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Expanding clay" means a clay soil with the mineralogy of clay particles, such as those found in the Montmorillonite/Smectite Group, that causes the clay particles to expand when they absorb water, closing the soil pores and contract when they dry out.
SECTION 31. R&R 3, Part 1 Section 5 (part), and BOH 13.08.150 are each hereby repealed.
NEW SECTION. SECTION 32. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Extremely gravelly" means soil with sixty percent or more, but less than ninety percent, rock fragments by volume.
SECTION 33. R&R 99-01, Section 2 (part), and BOH 13.08.152 are each hereby amended to read as follows:
"Failure" means a condition of an on-site sewage system or side sewer that threatens the public health by inadequately treating sewage or by creating a potential for direct or indirect human contact between sewage and the public. Examples of failure include:
A. Sewage, septage or effluent on the surface of the ground;
B. Sewage, septage or effluent backing up into a structure caused by slow soil absorption of septic tank effluent;
C. Sewage, septage or effluent leaking from a septic tank, pump chamber, holding tank, conveyance or collection system;
D. Cesspools, seepage pits and pit privies;
E. Inadequately treated effluent contaminating ground water or surface water; and
F. Failure to meet conditions of a permit.
NEW SECTION. SECTION 34. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Fecal coliform" means bacteria common to the digestive systems of warm-blooded animals that are cultured in standard tests. Counts of these organisms are typically used to indicate potential contamination from sewage or to describe a level of needed disinfection, and are generally expressed as colonies per one hundred milliliters.
NEW SECTION. SECTION 35. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Fee schedule" means the fee schedule in BOH chapter 2.18.
SECTION 36. R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.170 are each hereby amended to read as follows:
"Food((-service)) establishment" means, for the purpose of this title, any commercial establishment in which food is processed or otherwise prepared, packaged, or repackaged into another container for consumption or for resale.
NEW SECTION. SECTION 37. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Gravelly" means soil with fifteen percent or more, but less than thirty five percent rock fragments by volume.
SECTION 38. R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.180 are each hereby amended to read as follows:
"Greywater" means sewage having the consistency and strength of residential domestic type wastewater. Greywater includes wastewater from sinks, showers, bathtubs, dishwashers and laundry fixtures, but does not include toilet or urinal waters.
SECTION 39. R&R 99-01, Section 2 (part), and BOH 13.08.202 are each hereby amended to read as follows:
"Holding tank sewage system" means an on-site sewage system which incorporates a ((watertight holding tank)) sewage tank without a discharge outlet, the services of a sewage pumper((/)) or hauler, and the off-site treatment and disposal of the sewage generated.
NEW SECTION. SECTION 40. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Hydraulic loading rate" means the amount of effluent applied to a given treatment step, expressed as gallons per square foot per day.
NEW SECTION. SECTION 41. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Infiltrative surface" means the surface within a treatment component or soil dispersal component to which effluent is applied and through which effluent moves into original, undisturbed soil or other porous treatment media.
SECTION 42. R&R 99-01, Section 2 (part), and BOH 13.08.214 are each hereby amended to read as follows:
"Installer" means a qualified person approved by the health officer to install or repair on-site sewage systems or components. (((See Section 213.08.260, Master installer, and Section 13.08.050, Associate installer.)))
SECTION 43. R&R 99-01, Section 2 (part), and BOH 13.08.218 are each hereby amended to read as follows:
"Kitchen or kitchen facility" means an area within a building intended for the preparation and storage of food and containing((:
a. An appliance for the refrigeration of food or;
b. An appliance for the cooking or heating of food; and
c. A)) a sink.
"Large on-site system" (or "LOSS") means any on-site sewage system with design flows, at any common point, greater than three thousand five hundred (((3,500))) gallons per day.
NEW SECTION. SECTION 45. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Maintenance" means the actions necessary to keep the on-site sewage system components functioning as designed and approved.
NEW SECTION. SECTION 46. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Marine recovery area" means an area of definite boundaries where, in accordance with chapter 70.118A RCW, the health officer or the Washington state Department of Health 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.
NEW SECTION. SECTION 47. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Massive structure" means the condition of a soil layer in which the layer appears as a coherent or solid mass not separated into peds of any kind.
SECTION 48. R&R 99-01, Section 2 (part), and BOH 13.08.262 are each hereby repealed.
NEW SECTION. SECTION 49. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Moderate structure" means well-formed distinct peds evident in undisturbed soil. When disturbed, soil material parts into a mixture of whole peds, broken peds and material that is not in peds.
NEW SECTION. SECTION 50. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Monitoring" means periodic or continuous checking of an on-site sewage system, which is performed by observations and measurements, to determine if the system is functioning as intended and if system maintenance is needed. Monitoring also includes maintaining accurate records that document monitoring activities.
NEW SECTION. SECTION 51. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Neighboring well" means an existing well on a parcel adjoining or within one-quarter mile of the boundary line of a separate parcel on which a new well is proposed for construction.
NEW SECTION. SECTION 52. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Nonconforming" means an on-site sewage system that does not meet applicable standards for new construction of an on-site sewage system.
SECTION 53. R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.280 are each hereby amended to read as follows:
"On-site sewage system" (or "OSS") means an integrated ((arrangement for premises not connected to a public sewer system which:
A. Conveys)) system of components, located on or nearby the property it serves, that conveys, stores, treats((, and/))or provides subsurface soil treatment and ((disposal of residential)) dispersal of sewage ((on the property where it originates; and
B. Includes piping, treatment devices, other accessories, and soil underlying the disposal component of the initial and reserve areas. May also be referred to as an on-site system or septic tank system)). It consists of a collection system, a treatment component or treatment sequence, and a soil dispersal component. An on-site sewage system also refers to a holding tank sewage system or other system that does not have a soil dispersal component.
SECTION 54. R&R 99-01, Section 2 (part), and BOH 13.08.284 are hereby amended to read as follows:
"On-site system maintainer" (or "OSM") means a qualified person approved by the health officer to conduct performance monitoring inspections of, diagnose causes of malfunction and failure of, ((and/))or perform preventive maintenance on and make limited repairs to on-site sewage systems.
NEW SECTION. SECTION 55. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Operating capacity" means the average daily volume of sewage an OSS can treat and disperse on a sustained basis. The operating capacity, which is lower than the design flow, is an integral part of the design and is used as an index in OSS monitoring.
NEW SECTION. SECTION 56. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Ped" means: a unit of soil structure such as blocks, column, granule, plate or prism formed by natural processes.
NEW SECTION. SECTION 57. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Platy structure" means: soil that contains flat peds that lie horizontally and often overlap. This type of structure will impede the vertical movement of water.
SECTION 58. R&R 99-01, Section 2 (part), and BOH 13.08.322 are each hereby amended to read as follows:
"Pressure distribution" means: a system of small diameter pipes equally distributing effluent throughout a ((trench or bed, as described in the Guidelines for Pressure Distribution Systems issued by DOH. (See also Section 13.08.088, Conventional pressure distribution system.))) subsurface soil absorption system, as described in the Department of Health's Recommended Standards and Guidelines for Pressure Distribution Systems, 2001. A subsurface drip system may be used wherever this title requires pressure distribution.
SECTION 59. R&R 99-01, Section 2 (part), and BOH 13.08.324 are each hereby amended to read as follows:
"Proprietary ((device or method)) product" means a ((device or method classified as an alternative system, or a component thereof, held under a patent, trademark or copyright)) sewage treatment and distribution technology, method or material subject to a patent or trademark.
NEW SECTION. SECTION 60. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Public domain technology" means: a sewage treatment and distribution technology, method, or material not subject to patent or trademark.
NEW SECTION. SECTION 61. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Record drawing" means an accurate graphic and written record of the location and features of the OSS that are needed to properly monitor, operate and maintain that system.
NEW SECTION. SECTION 62. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Registered list" means the list of registered on-site treatment and distribution products as established in Chapter 246-272A WAC On-site Sewage Systems, updated periodically and maintained by the Washington state Department of Health and containing the following:
A. Categories of treatment product and treatment levels;
B. List of manufacturers of registered proprietary on-site products;
C. List of registered on-site treatment and distribution products;
D. List of specific systems meeting treatment levels A, B, C, D, E and N;
E. List of septic tanks, pump chambers, and holding tanks approved by the Washington state Department of Health; and
F. List of Approved On-site Sewage Tanks.
SECTION 63. R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.350 are each hereby amended to read as follows:
"Repair" means the replacement, ((addition)) reconstruction or relocation of, or ((alternation of)) addition or alteration to, a sewage tank, distribution box, tight line, or other appurtenances of an existing OSS, and including any replacement, ((addition)) reconstruction or relocation of, or addition or alteration to a soil absorption system.
SECTION 64. R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.360 are each hereby amended to read as follows:
"Reserve area" means an area of land approved for the installation of a conforming OSS ((and dedicated)) that is protected and maintained for replacement of the OSS upon its failure.
SECTION 65. R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.370 are each hereby amended to read as follows:
"Resident owner" means a person who ((designs, repairs, monitors and/or installs an OSS for)) owns and occupies a single-family dwelling ((which is owned and occupied by that person)).
SECTION 66. R&R 99-01, Section 2 (part), and BOH 13.08.372 are each hereby amended to read as follows:
"Residential sewage" means sewage having the consistency and strength typical of wastewater from domestic households. See Table 13.08-1 for residential sewage strength parameters.
Table 13.08-1
Residential Sewage Strength Parameters
Parameter |
Septic Tank Effluent Range(mg/L) |
BOD5 CBOD5 |
130-230 Approximately 108-191 |
TSS |
49-150 |
O and G |
10-25 |
SECTION 67. R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.400 are each hereby amended to read as follows:
"Secretary" means the Secretary of the Washington ((S))tate Department of Health or ((an)) the secretary's authorized representative.
SECTION 68. R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.420 are each hereby amended to read as follows:
"Sewage" means any liquid or liquid-borne waste from the ordinary living processes, and includes any urine, feces, and the water carrying human wastes, including kitchen, bath, and laundry wastes from residences, buildings, industrial establishments, or other places. For the purposes of these regulations, "sewage" is generally synonymous with domestic wastewater. (((See also Section 13.08.372, Residential sewage.)))
NEW SECTION. SECTION 69. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Sewage quality" means contents in sewage that include:
A. CBOD5, TSS and O and G;
B. Other parameters that can adversely affect treatment, including but not limited to pH, temperature and dissolved oxygen; and
C. Other constituents that create concerns due to specific site sensitivity. Examples include fecal coliform and nitrogen.
SECTION 70. R&R 99-01, Section 2 (part), and BOH 13.08.434 are each hereby repealed.
SECTION 71. R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.470 are each hereby amended to read as follows:
"Soil log" means ((an excavation in soil of sufficient size and depth made to adequately determine the soil's characteristics together with the)) a detailed description of the soil's texture, structure, color, bulk density or compaction, water absorption capabilities or permeability, extent of disturbance ((and/))or any other characteristics providing information as to the soil's capacity to act as an acceptable treatment and disposal medium for sewage.
NEW SECTION. SECTION 72. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Soil dispersal component" means a technology that releases effluent from a treatment component into the soil for dispersal, final treatment and recycling.
SECTION 73. R&R 99-01, Section 2 (part), and BOH 13.08.472 are each hereby amended to read as follows:
"Soil type" means ((a numerical classification)) one of seven numerical classifications of fine earth particles and coarse fragments as described in WAC ((246-272-11001(2)(e))) 246-272A-0220(2)(e).
NEW SECTION. SECTION 74. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Strong structure" means peds that are distinct in undisturbed soil, having the characteristic of separating cleanly when soil is disturbed, resulting in soil material separating mainly into whole peds when removed.
SECTION 75. R&R 3, Part 1, Section 5 (part), as amended, and BOH 13.08.480 are each hereby amended to read as follows:
"Subdivision" means a division of land ((into lots, tracts, parcels, sites, or divisions)) or creation of lots or parcels, described under ((C))hapter 58.17 RCW, now or as hereafter amended, including both long and short subdivisions, planned unit developments((,)) and mobile home parks.
NEW SECTION. SECTION 76. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Subsurface drip system" (or "SDS") means an efficient high pressurized wastewater distribution system that can deliver small, precise doses of effluent to soil surrounding the drip distribution piping (called "dripline") as described in DOH's "Recommended Standards and Guidance for Subsurface Drip Systems."
SECTION 77. R&R 99-01, Section 2 (part), and BOH 13.08.484 are each hereby amended to read as follows:
"Subsurface soil absorption system" (or "SSAS") means a ((system of trenches three feet (3') or less in width, or beds between three feet (3') and ten feet (10') in width,)) soil dispersal component of trenches or beds containing either a distribution pipe within a layer of ((clean gravel or other approved material)) drainrock covered with a geotextile, or an approved gravelless distribution technology, designed and installed in original, undisturbed, unsaturated soil ((for the purpose of receiving effluent and transmitting it into the soil)) providing at least minimal vertical separation as established in this title, with either gravity or pressure distribution of the treatment component effluent.
NEW SECTION. SECTION 78. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Timed dosing" means the delivery of discrete volumes of sewage at prescribed time intervals controlled by a timer device specifically designed for wastewater systems.
NEW SECTION. SECTION 79 There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Treatment component" means a technology that treats sewage in preparation for further treatment or dispersal, or both, into the soil environment. Some treatment components, such as mound systems, incorporate a soil dispersal component in lieu of separate treatment and soil dispersal components.
NEW SECTION. SECTION 80. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Treatment level" means one of six levels, which are A, B, C, D, E and N, used to match site conditions of vertical separation and soil type with treatment components. They are not intended to be applied as field compliance standards. The following chart provides values for each treatment level so that the relationship between the different levels can be understood.
Level |
Parameters |
|
CBOD5 (mg/L) |
TSS (mg/L) |
O and G (mg/L) |
FC (#/100 ml) |
TN (mg/L) |
A |
10 |
10 |
----- |
200 |
----- |
B |
15 |
15 |
----- |
1,000 |
----- |
C |
25 |
30 |
----- |
50,000 |
----- |
D |
25 |
30 |
----- |
----- |
----- |
E |
125 |
80 |
20 |
----- |
----- |
N |
----- |
----- |
----- |
----- |
20 |
|
|
|
|
|
|
NEW SECTION. SECTION 81. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Treatment sequence" means any series of treatment components that discharges treated sewage to the soil dispersal component.
SECTION 82. R&R 99-01, Section 2 (part), and BOH 13.08.492 are each hereby repealed.
SECTION 83. R&R 99-01, Section 2 (part), and BOH 13.08.494 are each hereby repealed.
SECTION 84. R&R 99-01, Section 2 (part), and BOH 13.08.495 are each hereby repealed.
SECTION 85. R&R 99-01, Section 2 (part), and BOH 13.08.496 are each hereby amended to read as follows:
"Unit volume of sewage" means:
A. ((A)) Flow from a single-family residence with not more than three (((3))) bedrooms;
B. ((A)) Flow from a mobile home site in a mobile home park; or
C. ((450)) Four hundred fifty gallons of sewage per day where the proposed development is not single-family residences or a mobile home park.
SECTION 86. R&R 3, Part 1, Section 5 (part), and BOH 13.08.500 are each hereby amended to read as follows:
"Vertical separation" means the depth of unsaturated original, undisturbed soil of Soil Types ((1B-5)) 1 through 6 that exists between the bottom infiltrative surface of a soil ((absorption)) dispersal component and a restrictive layer ((or)), highest seasonal water table or soil type 7 ((1A, as illustrated in Figure 13.08-2)).
NEW SECTION. SECTION 87. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Very gravelly" means soil containing thirty five percent or more, but less than sixty percent rock fragments by volume.
NEW SECTION. SECTION 88. There is hereby added a new section to BOH chapter 13.08 to read as follows:
"Well" means an excavation that is constructed when the intended use of the well is for the location, diversion, artificial recharge, observation, monitoring, dewatering or withdrawal of ground water for agricultural, municipal, industrial, domestic((,)) or commercial use. Excluded are:
A. A temporary observation or monitoring well usd to determine the depth to a water table for locating an OSS;
B. An observation or monitoring well used to measure the effect of an OSS on a water table; and
C. An interceptor or curtain drain constructed to lower a water table.
SECTION 89. R&R 3, Part 10, Section 3 (E), as amended, and BOH 13.12.090 are each hereby amended to read as follows:
Appeal for Reconsideration--Variance expiration. Any variance granted by the health officer shall unless otherwise specified by the health officer, expire after two (((2))) years from the date such variance is issued, unless the on-site sewage system is installed and approved prior to the expiration date. An extension not to exceed one year may be granted provided that the applicant provides reasonable justification for the extension as determined by the sole discretion of the health officer. Application for variance approval shall be made on forms provided by the health officer.
SECTION 90. R&R 3, Part 12, Section 1, as amended, and BOH 13.16.010 are each hereby amended to read as follows:
Membership. There is established an on-site wastewater treatment and disposal stakeholders technical advisory committee((, the members of which shall be the health officer, ex officio, and sixteen (16) appointive members: one from each of the following except where otherwise indicated:)).
A. Membership of the advisory committee shall consist of at least nine members, including the health officer, ex officio, and any eight or more of the following voting members appointed by the health officer:
((A.)) 1. Sanitary, agricultural or civil engineer licensed by the state of Washington((.));
((B.)) 2. On-site sewage system designer((.
C. King County Department of Natural Resources representative, ex officio.
D. Washington State Department of Health representative, ex officio.
E. United States Department of Agriculture, Natural Resources Conservation Service representative, ex officio.
F. Washington State Department of Ecology representative, ex officio.))
G.));
3. Seattle Master Builders Association representative((.));
((H.)) 4. Seattle-King County Board of Realtors representative((.));
((I.)) 5. A representative of a nonprofit, nonpartisan public affairs or environmental affairs organization((.));
((J.)) 6. On-site sewage system maintainer((.));
((K.)) 7. ((Two (2) consumers)) A consumer representing the King County Unincorporated Area Councils((.));
((L.)) 8. Representative of incorporated cities((.));
((M)) 9. Representative of a sewer utility district((.));
((N)) 10. On-site sewage system installer((.));
O.)) 11. On-site sewage system pumper((.)); and
12. Field Sanitarian.
B. In addition to the voting members, any combination of the following may be appointed by the health officer to serve as ex officio members of the committee:
1. A King County department of natural resources and parks representative;
2. A Washington state Department of Ecology representative.
3. A Washington state Department of Heath representative; and
4. A United States Department of Agriculture, Natural Resource Conservation Service representative.
SECTION 91. R&R 3, Part 2, Section 1, as amended, and BOH 13.20.010 are each hereby amended to read as follows:
Permits--General.
A. Unless otherwise specified in this title, it is unlawful to construct, install, repair or modify an OSS without an OSS construction permit. Such permit shall be posted on the building or premises where the work permitted is being done, before the work is begun, and unless revoked, shall not be removed until such work has been finally approved by the health officer.
B. ((Except for a limited repair, the)) The application submitted for an OSS construction permit shall be accompanied by an approved site design application or approved repair proposal. The permit application for a new OSS to serve a building shall be accompanied by evidence that the responsible building official has issued a building permit authorizing construction of that building.
C. The fee for an OSS construction permit shall be as set forth in the fee schedule.
D. OSS construction permits shall expire two (((2))) years from date of issue.
E. Unless otherwise provided in this title, the applicant for an OSS construction permit shall be a certified master installer and shall be responsible for all work done under that permit.
F. The applicant for an OSS construction permit may not also be the designer named on the site application unless the work to be done consists solely of OSS failure repair.
G. Application for an OSS construction permit shall be made in writing in a manner prescribed by the health officer and shall be accompanied by a fee as set forth in the fee schedule. The health officer may deny the application ((or revoke the permit)) if in the health officer's judgment operation of the system will result in a public health hazard. The health officer may consider any relevant health and safety factors in making such a determination. If an application is denied on the grounds of a hazard to public health, the health officer at the time of the denial shall inform the applicant in writing of the reasons for the denial and the applicant's right to appeal the denial.
H. ((The authority to issue permits shall not be delegated by the health officer)) Each construction permit issued pursuant to this title for an OSS installation or repair is nontransferable and is valid only for the designer or installer named thereon and for the type of OSS construction or repair for which the permit has been issued. A new construction permit shall be obtained in the event of change of designer or installer performing the work, or in the type of OSS for which a permit has previously been issued.
SECTION 92. R&R 3, Part 2, Section 2 (A), as amended, and BOH 13.20.020 are each hereby amended to read as follows:
Designer ((certification)) license.
((A.)) Persons designing OSS must possess a valid on-site sewage system designer's ((certificate of competency)) license issued by the Washington state Department of Licensing in accordance with chapter 18.210 RCW, or be licensed and in good standing under ((RCW C))chapter 18.43 RCW as a sanitary, civil or agricultural engineer, except as provided in ((Section)) BOH 13.20.040.
((B. Application for an OSS designer's certificate of competency shall be made to the health officer and be accompanied by a fee as set forth in the fee schedule and evidence of successful completion within the previous twelve (12) months of a health officer recognized course of instruction which includes soils and site evaluation, OSS design, OSS operation and basics of OSS monitoring and maintenance. The health officer will examine the applicant, and may deny the application if in the health officer's judgment the applicant is for any reason, including previous finding of negligence, incompetence, misrepresentation or failure to comply with this title, not qualified to design on-site sewage systems.
C. The fee for an OSS designer's certificate of competency is as specified in the fee table.
D. As a condition of maintaining certification the designer shall consistently demonstrate reasonable care, skill, accuracy and completeness in disclosing site conditions while performing work governed by this title and shall comply with all the terms and conditions of these and all other applicable rules and regulations.
E. The health officer may suspend or revoke any OSS designer's certificate of competency, pursuant to Chapter 1.08 of this code.
F. The certificate of competency shall expire December 31st of each year. The designer may not submit designs after December 31st unless the certification has been renewed. The holders of such a certificate may renew the certificate at any time prior to February 4th of the year following expiration without taking the examination specified by this section provided that:
1. A renewal application accompanied by a fee as specified in the fee table is submitted to the health officer. A late fee of twenty-five percent (25%) of the renewal amount will be charged by the health officer for renewal applications received after January 15th.
2. The applicant submits evidence that at least one (1) CEU credit has been earned by the applicant during the previous calendar year.
G. The health officer may hold, as necessary, informational/educational meetings for all holders of a designer's certificate of competency. A minimum of four (4) weeks' notice of the meeting time and location shall be sent to each designer. Except as provided by the health officer, attendance at the meetings shall be mandatory for all designers. Failure to attend the required meetings, without prior approval of the health officer, shall be cause for the health officer to withhold recertification until an examination administered under the provisions of subsection B of this section is retaken. A designer who is also a certified installer will not be required to attend both designers and installers meetings providing the content of both meetings is in the judgment of the health officer essentially the same.
H. Designers shall be accessible to their clients, the installers, and the department during normal working hours. This is to be accomplished by either maintaining office personnel, a phone answering service, a phone answering device, or any other method acceptable to the health officer.
1. Certified designers shall notify the health officer in writing of the name of the designer who will complete their work as needed during absences of more than three (3) working days such as, for example, during each vacation and illness.))
A. Except as provided in ((Sections)) BOH 13.20.035 and 13.20.040, it is unlawful to install, modify or repair OSS without a currently valid installer's certificate of competency.
Application for installer certification:))1. Application for a master installer's or associate installer's certificate of competency shall be made to the health officer and shall be accompanied by a fee as set forth in the fee schedule.
2. The application shall be accompanied by evidence of successful completion within the previous twelve (((12))) months of a health officer-recognized course of instruction in the basics of OSS and installation of OSS.
3. The health officer shall examine the applicant, shall charge an exam fee as set forth in the fee schedule and may deny the application if in the health officer's judgment the applicant is for any reason, including previous finding of negligence, incompetence, misrepresentation or failure to comply with this title, not qualified to install on-site sewage systems.
C. ((Provisions for Certification.)) 1. As a condition of certification the master installer applicant shall submit evidence of and maintain at all times compliance with ((S))state of Washington minimum performance bonding requirements as stated in ((RCW C))chapter 18.27 RCW.
2. The health officer may suspend or revoke any master or associate installer's certificate of competency, pursuant to BOH ((C))chapter 1.08 ((of this code)).
3. The installer's certificate of competency shall expire December 31 of each year. The installer may not obtain installation permits or construct or repair any OSS after December 31((st)) unless the certification has been renewed. The holder of such a certificate may renew the certificate ((at any time prior to February 4)) on or before January 15 of the year following expiration without taking the examination specified by this section ((provided that)), but only if:
a. A renewal application accompanied by a fee as specified in the fee ((table)) schedule in BOH ((C))chapter 2.18 ((of this code, as amended,)) is submitted to the health officer. A late fee of twenty five percent (((25%))) of the renewal amount will be charged by the health officer for renewal applications received after January 15((th.)); and
b. The applicant provides evidence that at least one (((1))) CEU credit has been earned by the master installer applicant and the associate installer applicant during the previous calendar year.
4. The health officer may hold, as necessary, informational/educational meetings for all holders of installer's certificates of competency. A minimum of four (((4))) weeks notice of the meeting time and location shall be sent to each installer. Except as provided by the health officer attendance at the meetings shall be mandatory for all installers. Failure to attend the required meetings, without prior approval of the health officer, shall be cause for the health officer to withhold recertification until an examination administered under the provisions of subsection B. of this section is retaken. ((An installer who is also a certified designer may not be required to attend both meetings providing the content of both meetings is, in the judgment of the health officer essentially the same.))
SECTION 94. R&R 99-01, Section 2 (part), and BOH 13.20.035 are each hereby amended to read as follows:
Maintainer certification.
A. ((On-Site System Maintainer (OSM) Certification.)) Unless otherwise specified in this title, including ((Chapter)) BOH 13.20.040 and 13.60.010 relating to homeowners, it is unlawful to conduct performance monitoring inspections of and/or perform preventive maintenance service, to include making limited repairs to on-site sewage systems, without a currently valid OSM certificate of competency.
B. ((Application for OSM certification.)) 1. Application for an OSM certificate of competency shall be made to the health officer and shall be accompanied by a fee as set forth in the fee schedule.
2. The application shall be accompanied by evidence of ((2)) two years of relevant OSS experience.
3. The application shall be accompanied by evidence of successful completion within the previous twelve (((12))) months of a health officer-recognized course of instruction in the operation, monitoring and maintenance of on-site sewage systems.
4. The health officer shall examine the applicant except that the health officer may waive the examination for the designer who is performing monitoring of only these systems designed by that person. The health officer may deny the application if in the health officer's judgment the applicant is for any reason, including previous findings of negligence, incompetence, misrepresentation or failure to comply with this title, not qualified to monitor and maintain on-site sewage systems.
C. ((Provisions for certification.)) 1. As a condition of certification the maintainer shall:
a. Submit evidence of and maintain at all times compliance with ((S))state of Washington minimum performance bonding requirements as stated in ((RCW C))chapter 18.27 RCW((.)); and
b. Consistently demonstrate reasonable care and skill in performing work governed by this title and shall comply with all the terms and conditions of these and all other applicable rules and regulations.
2. The health officer may suspend or revoke any OSM certificate of competency, pursuant to BOH ((C))chapter 1.08 ((of this code)).
3. The OSM certificate of competency shall expire December 31((st)) of each year. The holder of such certificate may renew the certificate ((any time prior to February 4)) on or before January 15 of the year following expiration without taking the examination specified by this section ((provided that)), but only if:
a. A renewal application accompanied by a fee as specified in the fee ((table)) schedule is submitted to the health officer. A late fee of ((25%)) twenty-five percent of the renewal amount will be charged by the health officer for renewal applications received after January 15((th.)); and
b. The applicant submits evidence of bonding as specified by BOH 13.20.035 C.1((.)); and
c. The applicant submits evidence that at least one (((1))) CEU credit has been earned by the OSM applicant during the previous calendar year.
((d)) 4. The on-site system maintainer may not conduct performance monitoring inspections or perform preventive maintenance of on-site sewage systems after December 31((st)), unless the certification has been renewed.
((4)) 5. The health officer may hold informational/educational meetings for all holders of OSM certificates of competency. A minimum of four (((4))) weeks notice of the meeting time and location shall be sent to each maintainer. Unless otherwise specified by the health officer, attendance at the meeting shall be mandatory for all maintainers. Failure to attend the required meetings, without prior approval of the health officer, shall be cause for the health officer to withhold recertification until an OSM examination is successfully completed.
SECTION 95. R&R 3, Part 2, Section 3, as amended, and BOH 13.20.040 are each hereby amended to read as follows:
Resident owner design, construction and