Revised Code of Washington
Chapter 43.20 - State Board of Health.
43.20.065 - On-site sewage system failures and inspections—Rule making.

RCW 43.20.065
On-site sewage system failures and inspections—Rule making.

(1) Rules adopted by the state board under RCW 43.20.050(3) regarding failures of on-site sewage systems must:
(a) Give first priority to allowing repair and second priority to allowing replacement of an existing conventional on-site sewage system, consisting of a septic tank and drainfield, with a similar conventional system;
(b) Not impose or allow the imposition of more stringent performance requirements of equivalent on-site sewage systems on private entities than public entities; and
(c) Allow a system to be repaired using the least expensive alternative that meets standards and is likely to provide comparable or better long-term sewage treatment and effluent dispersal outcomes.
(2) Rules adopted by the state board under RCW 43.20.050(3) regarding inspections must:
(a) Require any inspection of an on-site sewage system carried out by a certified professional inspector or public agency to be coordinated with the owner of the on-site sewage system prior to accessing the on-site sewage system;
(b) Require any inspection of an on-site sewage system carried out by a certified professional inspector or responsible public agency to be authorized by the owner of the on-site sewage system prior to accessing the on-site sewage system;
(c) Allow, in cases where an inspection has not been authorized by a property owner, the local health jurisdiction to follow the procedures established for an administrative search warrant in RCW 70A.105.030; and
(d) Forbid local health jurisdictions from requiring private property owners to grant inspection or maintenance easements for on-site sewage systems as a condition of permit issuance for on-site sewage systems that are located on a single property and service a single dwelling unit.

[ 2021 c 65 § 38; 2019 c 21 § 2.]
NOTES:

Explanatory statement—2021 c 65: See note following RCW 53.54.030.


Finding—Intent—2019 c 21: "The legislature finds that properly functioning on-site sewage systems are an important component of the state's wastewater treatment infrastructure. In order to ensure that on-site sewage systems remain a wastewater treatment option that is economically accessible to a wide sector of the state's population, it is the intent of the legislature to ensure that only requirements that are reasonable, appropriately tailored, and necessary are imposed on the installation, operation, maintenance, or repair of on-site sewage systems." [ 2019 c 21 § 1.]

Structure Revised Code of Washington

Revised Code of Washington

Title 43 - State Government—Executive

Chapter 43.20 - State Board of Health.

43.20.025 - Definitions.

43.20.030 - State board of health—Members—Chair—Staff support—Executive director, confidential secretary—Compensation and travel expenses of members.

43.20.035 - State board of health—Cooperation with environmental agencies.

43.20.050 - Powers and duties of state board of health—Rule making—Delegation of authority—Enforcement of rules.

43.20.065 - On-site sewage system failures and inspections—Rule making.

43.20.100 - Biennial report.

43.20.145 - Food service rules—Consideration of federal food code—Safety standards for Asian rice-based noodles and Korean rice cakes.

43.20.148 - Mobile food units—Commissary and servicing area requirements.

43.20.149 - Mobile food units—Reciprocity—Rule making.

43.20.175 - Violations—Injunctions and legal proceedings authorized.

43.20.185 - Enforcement of health laws and state or local rules and regulations upon request of local health officer.

43.20.215 - Right of person to rely on prayer to alleviate ailments not abridged.

43.20.230 - Water resource planning—Procedures, criteria, technical assistance.

43.20.235 - Water conservation—Water delivery rate structures.

43.20.240 - Public water systems—Complaint process.

43.20.250 - Review of water system plan—Time limitations—Notice of rejection of plan or extension of timeline.

43.20.260 - Review of water system plan, requirements—Municipal water suppliers, retail service.

43.20.265 - Elevated lead level—Definition.

43.20.270 - Governor's interagency coordinating council on health disparities—Action plan—Statewide policy.

43.20.275 - Council created—Membership—Duties—Advisory committees.

43.20.280 - Action plan for eliminating health disparities—Council meetings—Reports to the legislature.

43.20.285 - Health impact reviews—Obtaining and allocating federal or private funding to implement chapter.

43.20.290 - Obtaining and allocating federal or private funding.

43.20.300 - Local boards of health—Membership.