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only. Although every effort has been made to provide accuracy, all
information and resources shown are not official. Neither Kittitas
County nor any of its agencies, officials or employees guarantees
the accuracy of any information on this web site. Reliance upon the
information contained on or accessed through this web site is
entirely at your own risk. Kittitas County reserves the right to
make changes without notice. The official hard copy is available in the Commissioners' office.
It is expressly the purpose of this Title to provide for and promote the health, safety and
welfare of the general public and the environment. This Title is not intended to create or
otherwise establish or designate any particular class or group of persons who will or
should be especially protected or benefitted by its terms. (Ord. 2011-006,
2011)
Publisher's note: the section within Chapter 13.02 was not
enumerated in the ordinance.
13.03.010 Adequate Water Supply Determination. An Adequate Water Supply
Determination is performed by KCPHD to determine if the water system being proposed
is adequate in the ability to supply potable water and protect health and safety of the
users of the water system. (Ord. 2011-006, 2011)
13.03.020 Cistern System. A cistern system is an individual water system designed to
receive trucked potable water (which may be supplemented with rainwater) that is
stored in a cistern or water storage tank until delivery of the water through a treatment
system to the tap or other end use in a dwelling unit. (Ord. 2011-006, 2011)
13.03.030 Cistern Source. The potable water to be placed in a Cistern System shall
be transported from a community_Group A water system. This potable water may also
be supplemented with rainwater. (Ord. 2011-006, 2011)
13.03.040 Dwelling Unit. A dwelling unit is defined as a single unit providing complete
independent living facilities for one or more persons, including permanent provisions for
living, sleeping, eating, cooking or sanitation that use potable water. Examples of a
dwelling unit include, but are not limited to: a single family home, a guest cabin with
potable water, studio apartment, converted garage with potable water added, etc. (Ord. 2011-006, 2011)
13.03.050 Fill. Soil materials that have been displaced from their original location. (Ord. 2011-006, 2011)
13.03.060 Four-Hour Draw Down Test. A four-hour draw down test is defined as a
pump test that determines the maximum system design rate with a duration of at least
four hours to establish information related to performance and efficiency of the well to
demonstrate adequacy of water quantity to meet design criteria while not leading to
water quality problems. A four-hour draw down test submitted to KCPHD shall
encompass pump flow data at least every 30 minutes throughout the entire four hour
duration that includes, but is not limited to: GPM measured, static level measured, and
pumping level. A four-four draw down test shall be performed by a licensed well driller
or pump installer. (Ord. 2011-006, 2011)
13.03.070 Group A Public Water System. A Group A public water system is defined
by RCW 70.119.020 as having fifteen or more service connections, regardless of the
number of people; or a system serving an average of twenty-five or more people per
day for sixty or more days within a calendar year, regardless of the number of service
connections; or a system serving one thousand or more people for two or more
consecutive days. The Washington State Department of Health has the final authority
to determine what qualifies as a Group A public water system. (Ord. 2011-006, 2011)
13.03.080 Group B Public Water System. A Group B public water system is defined
by RCW 70.119A.020 and the Joint Plan of Responsibility. A Group B water supply
system serves fewer than 15 connections and serves fewer than twenty five people. A
water supply system serving three to nine dwelling units and other non-residential small
systems serving fewer than 10 service connections and fewer than 25 people are under
KCPHD approval authority. (Ord. 2011-006, 2011)
13.03.090 Health Officer. "Health Officer" means the Health Officer of the Kittitas
County Public Health Department or the Health Officer's authorized representative. (Ord. 2011-006, 2011)
13.03.100 Individual Water System. A water system that serves a single residential
dwelling unit. KCPHD has the final authority to determine what qualifies as a individual
water system. (Ord. 2011-006, 2011)
13.03.120 KCPHDFS. Kittitas County Public Health Department Fee Schedule, as most
recently proposed by the Board of Health and then set by resolution of the Board of
County Commissioners. (Ord. 2011-006, 2011)
13.03.130 Person. Person means a natural person, joint venture, partnership,
association, club, company, corporation, business trust, or organization, or the
manager, lessee, agent, officer, or employee of any of them. (Ord. 2011-006, 2011)
13.03.140 Premises. The building or accompanying land of a lot, tract or parcel. (Ord. 2011-006, 2011)
13.03.150 Shared Water System. A water system that serves two residential dwelling
units. KCPHD has the final authority to determine what qualifies as a shared water
supply system. (Ord. 2011-006, 2011)
13.03.160 Storage Unit. A storage unit is designed by a licensed engineer to hold
water until needed for use in a dwelling unit. A storage unit can include, but is not
limited to, a cistern, water storage tank and a flow equalization tank. (Ord. 2011-006, 2011)
13.03.170 Treatment System. A treatment system is designed by a licensed engineer
to remove contaminates from water to ensure that the water is potable prior to use. (Ord. 2011-006, 2011)
13.03.180 Water Distribution System. The water distribution system is the system
that delivers water from the water source throughout the building until use in the building
or at the faucet. It includes but is not limited to pipes, pumps, flow equalization tanks,
cisterns or water storage tanks, water treatment systems, and appurtenances. (Ord. 2011-006, 2011)
13.03.190 Water Quality Test. A Water Quality Test is a test performed on a drinking
water sample to determine if the water is considered potable by KCPHD. The following
standards are adopted as passing water quality tests:
Group A water supply systems shall meet the standards in
Chapter 246-
290 WAC for testing, water quality standards and monitoring;
Group B water supply systems shall meet the standards in
Chapter 246-
291 WAC for testing, water quality standards and monitoring; and
Individual water systems, shared water systems and water haulers shall
meet the standards in
Chapter 246-291 WAC for water quality standards.
At a minimum, a water quality test for individual water systems, shared
water systems and water haulers shall include a nitrate and
bacteriological test, and KCPHD may require additional tests to ensure
water is potable. (Ord. 2011-006, 2011)
13.03.200 Water Source. The water source is the origin of the water to be used as a
potable water supply. An allowed water source is a direct connection to a Group A
public water system in green or yellow status, a direct connection to an approved Group
B public water system, a groundwater well that is not under the influence of surface
water, or a cistern supplied from a Group A water system with optional supplemental
rainwater collection. The method of constructing the water source and the use of the
water source shall comply with any applicable federal, state and local requirements.
KCPHD has the final authority to determine what an allowed water source is. (Ord. 2011-006, 2011)
13.03.210 Water System. A water system is a water source connected to a water
distribution system for one or more dwelling units or commercial businesses. (Ord. 2011-006, 2011)
13.04.010 Definitions. For the purposes of this chapter, the following terms shall be defined as follows:
Approved
Acceptable by the health officer.
Building sewer
That portion of the on-site sewage disposal system from the septic tank back to within five feet of the premises foundation.
Comprehensive Environmental Health Fee Schedule (CEHFS)
The comprehensive environmental health fee schedule passed by the county board of health June 3, 1974, amended March 15, 1976, and May 16, 1977, or hereafter amended.
Cover
Fill material that is used to cover a subsurface disposal area.
Department
The county health department.
Fill
Soil materials that have been displaced from their original location.
Groundwater
The subsurface water occupying the zone of saturation, commonly referred to as the water table.
Health officer
The duly appointed health officer of the county health department or his/her authorized representative.
On-site sewage disposal system (OSDS)
Any system of trenches, piping, treatment devices, or other facilities that convey, store, treat, or dispose of sewage on the property where it originates or on adjacent or nearby property where the system is not connected to a public sewer system.
Person
Any individual, corporation, company, association, society, firm, partnership, joint stock company, or any branch of state or local government.
Premises
The building and accompanying land of a lot, tract, or parcel.
Public sewer system
A sewage system which is owned or operated by a city, town, municipal corporation, county, political subdivision of the state, or other approved ownership consisting of a collection system and necessary trunks, pumping facilities, and a means of final treatment and disposal and which is under permit from the State Department of Ecology.
Secretary
The secretary of the State Department of Social and Health Services or his/her authorized representative.
Septic tank
A watertight receptacle which receives the discharge of sewage from a building sewer, and is designed and constructed so as to permit the separation of settleable and floating solids from the liquid, providing detention and digestion of the organic matter, prior to discharge of the liquid portion.
Sewage
The water-carried human or household waste from residences, buildings, industrial and commercial establishments, or other places, together with such groundwater infiltration, and other waste as may be present.
Subdivision
A division of land, as defined in
RCW Chapter 58.17 or as hereafter amended.
Surface water
Any body of water whose top surface is exposed to the atmosphere, including a flowing body as well as a pond or lake.
These regulations shall not apply to a new OSDS or repair of an existing OSDS for which a permit was issued prior to the effective date of these rules and regulations.
These regulations shall not apply to facilities constructed or operated in accordance with a permit issued by the State Department of Ecology or where they may be in conflict with
RCW Chapter 90.48. (Vol. 6, p. 697 § 3, 1979).
No person shall install a new OSDS, nor perform alterations, extensions, or relocations of an existing OSDS without a valid permit issued by the health officer. Permits for alterations or repairs shall be so identified. Application for a permit shall be made in writing to the health officer in a manner prescribed by and on forms supplied by the health officer. All permits expire one year from the date of issue. Expired permits may be renewed by the health officer if no changes in design, location, or other factors are necessary to meet the requirements of these rules and regulations.
Permits are not transferable from person to person or property to property.
The permit application for a new OSDS shall be a two-step process with separate fees for each step. These steps are as follows:
Step 1. A preapplication (site evaluation) to include the following:
The name of the person requesting the review,
The name of the intended occupant,
The assessor's parcel number,
The current address of the intended occupant,
The general property location,
The nature of premises to be served,
A sketch showing the property configuration, dimensions, slope percentage, slope direction, and the location of all water sources, on-site sewage disposal systems, creeks, ditches, drainageways, and trees (including varieties) within three hundred feet of the premises, the location of all driveways, water lines, easements, and other structures within three hundred feet of the proposed OSDS.
(H) Payment of the preapplication fee as determined by the CEHFS;
Step 2. A permit (to install) application to include the following:
Name of the person to whom the permit is to be issued,
Name of the intended occupant,
Current address of the intended occupant,
Assessor's parcel number,
General property location,
Number of intended permanent occupants,
Maximum number of anticipated occupants including visitors,
Number of bedrooms or waste generating fixtures (sinks, garbage disposals, water softeners, etc.) of the proposed structure,
Type of system proposed (conventional, hybrid, or alternative),
Person to do installation,
Depth to seasonal high groundwater including how this was determined,
Corrections necessary to control surface or groundwater if needed,
A statement if any and to what degree removing or grading of soil is to be done in the disposal area,
Any percolation test data including the date of the tests and by whom the tests were done,
A soil log dug to a depth of seven feet within twenty-five feet of the proposed disposal area with a detailed description of the soils found, including texture, structure, color, depth of each horizon, mottling, depth of root penetration, and other information as may be deemed necessary by the health officer,
A detailed design of the proposed OSDS including the following:
Topography of the lot and the lot drainage characteristics
Configuration of the property and dimensions
Distances of the proposed OSDS to domestic water supplies, surface waters, banks, cuts, property boundaries, structure locations, trees (varieties), shrubs, public sewer systems, or other improvements
A communication from the county building department that the proposed land use meets applicable zoning and other codes, regulations, and ordinances
Longitudinal and cross-sectional drawings or typical disposal areas including all dimensions requested by the health officer
Payment of the permit fee as determined by the CEHFS.
A permit application for alteration or repair of an OSDS shall be accompanied by all information requested in subsection (c)(2) above. (Vol. 6, p. 697 § 10, 1979).
13.04.040 License - On-site sewage disposal system designer.
Any person designing an OSDS shall first obtain a license from the health officer. Said license shall be issued annually and expire one year from the date of issue. Said license shall also be revocable for failure to comply with the standards of this regulation.
A license shall be issued by the health officer only after the applicant has:
Satisfactorily completed an oral and/or written examination or has otherwise shown competency to perform the functions of on-site sewage disposal system designer;
Demonstrated and secured financial responsibility in the amount of two thousand dollars by means of a surety bond in favor of the department or some other approved method. Such financial security shall extend at least one year beyond the expiration date of the license issued under this section;
Paid the appropriate fee as established by the CEHFS. (Vol. 6, p. 697 § 22, 1979).
13.04.050 License - On-site sewage disposal system installer.
Any person engaged in installing or repairing an OSDS shall first obtain an installer's license from the health officer. Said license shall be issued annually and expire one year from the date of issue. Said license shall also be revocable for failure to comply with the standards of these rules and regulations.
A license shall be issued by the health officer only after the applicant has:
Satisfactorily completed an oral and/or written examination or has otherwise shown competency to perform the functions of an onsite sewage disposal system installer;
Demonstrated and secured financial responsibility in the amount of two thousand dollars by means of a surety bond in favor of the department or some other approved method. Such financial security shall extend at least one year beyond the expiration date of the license issued under this section;
Paid the appropriate fee as established by the CEHFS.
The license issued under this section shall not be required of any person constructing or repairing an OSDS on his/her own property of residence or intended residence when the work is totally performed by the resident. Under this subsection, any person may only construct or install one new OSDS in any twelve-month period. (Vol. 6, p. 697 § 21, 1979).
Connection of any premises where sewage originates shall be made to a public sewer system where there is an adequate public sewer system within two hundred feet of the premises, and such connection is permitted by the sewer utility. Such connection shall be made and use of the OSDS discontinued when repair or replacement of the OSDS is required or as directed by local ordinance. This requirement may be waived if the health officer determines that such connection is not feasible.
If the distance between the premises to be served and an adequate public sewer is greater than two hundred feet, and where the anticipated sewage flow is greater than one thousand gallons per day, connection shall be made to the public sewer system if the health officer determines that a connection is feasible and such connection is permitted by the sewer utility. (Vol. 6, p. 697 § 7, 1979).
13.04.070 Minimum lot sizes. An OSDS shall be installed on lots, parcels, or tracts that have a sufficient amount of area with proper soils in which sewage can be retained and treated properly on-site: one-half acre,
twenty-one thousand seven hundred eighty square feet with an approved community water supply and an OSDS; one acre, forty-three thousand five hundred sixty square feet with a private water supply and an OSDS. Exceptions to the acreage limitations may be made by the health officer for recorded plats existing prior to the effective date of these regulations; provided, that adequate area with proper soils are present in which sewage can be retained and treated properly onsite. Factors that must be considered when determining minimum lot size include but are not limited to the following:
Soil depth and type;
Area and lot drainage;
Protection of surface and ground water;
Setbacks from property lines, water supplies, etc.;
Source of premises domestic water;
Topography, geology, and ground cover;
Climatic conditions;
Availability of public sewers;
Present and anticipated activity of land use;
Area growth patterns;
Individual and accumulated gross effects on water quality;
Reserve area for additional or replacement subsurface disposal field;
Anticipated sewage volume. (Vol. 6, p. 697 § 11, 1979).
An OSDS shall be located on the same lot as the premises being served, or if an easement is obtained and recorded, on other property if approved by the health officer.
The minimum distance for the location of the various component parts of the OSDS is measured horizontally and shall comply with Table 1.
TABLE 1 Distance in Feet, Measured Horizontally
Component
Domestic Water Supply
Water Supply Pressure Lin
Surface Water
Building Property Lin
Open Ditches, Cuts, Hillsides (downhill side)
Trees1
Trees2
Subsurface Interceptor Drain
Building Sewer
50
10
10
-
-
50
10
10
Septic Tank
50
10
50
5
-
50
10
10
Disposal Area
100
10
100
10
15 plus height of cut of bank to a
maximum of 100 feet
100
10
50 down-slope, 10 up-slope
1 Elm, locust, cottonwood, willow, and
other trees with spreading choking roots. 2 Conifers and other trees with non-spreading and non-choking roots.
(Vol. 6, p. 697 § 13, 1979).
The area to be used for the subsurface disposal field shall be selected and maintained so that it is free from encroachment by buildings or other structures. The area shall not be subject to vehicular traffic, nor compaction by large animals, and shall not be covered with a
water-impervious surface.
The area to be used for the OSDS shall have soil which is not excessively permeable nor impermeable to allow proper retention and treatment by the soil.
The OSDS shall not be located in an area where surface water will accumulate nor an area subject to flooding. Provisions shall be made to minimize flow or accumulation of surface water over the OSDS.
No part of an OSDS shall be installed in a state flood control zone, before a flood control zone permit is obtained from the State Department of Ecology.
Preliminary tests for subdivisions shall be made in accordance with department standards, including but not limited to the following:
A sketch of the parcel of land to be subdivided with its location indicated;
Dimensions of each lot with proposed lot and block numbers;
Elevations shown by contour lines at intervals of five feet or less. If individual sewage disposal systems are contemplated;
Approximate location of all natural features such as rock outcroppings, wooded areas, marshes, area subject to flooding and the location, width, name and direction of flow of all watercourses including those which are seasonal or periodic;
Existing and proposed uses of the property, including the use of all existing structures which will remain on the property after platting, including buildings, ditches, buried conduits, etc.;
At least one soil log be dug to a depth of seven feet on each five acres. Additional tests may be required where the soil structure varies, if large disposal areas are required or if groundwater or impermeable soils are within five feet of ground surface;
A description of the soil from subdivision (6) above.
At least one soil log to a depth of seven feet shall be performed at the site of each disposal area. This requirement may be waived by the health officer if adequate soil information is available. Additional tests may be required where the soil structure varies or if large disposal areas are required.
Percolation tests may be required by the health officer where soil logs yield unconfirming results.
All percolation tests and soil logs shall be verified by the health officer.
If a sufficient amount of information is not available on groundwater conditions, the health officer may require that percolation tests and soil logs be conducted during the months of suspected high groundwater conditions.
All soil tests shall be conducted using a uniform procedure developed by the secretary and the health officer. (Vol. 6, p. 697 § 12, 1979).
Each OSDS intended to serve a single-family residence, duplex, or where anticipated daily flows are less than one thousand two hundred gallons per day, shall be designed and certified by a designer possessing a valid permit issued by the health officer under Section 13.04.040, or by the health officer.
Each OSDS intended to serve facilities where anticipated sewage flows are one thousand two hundred gallons per day or greater shall be designed by a sanitary, civil, or professional engineer, or by the health officer. (Vol. 6, p. 697 § 15, 1979).
The detailed design and construction of each OSDS shall conform to the
"Manual of Septic Tank Practice," U.S. Public Health Service Publication No. 526, 1967, or any succeeding edition, except where modified by, or in conflict with, these rules and regulations.
The OSDS shall be designed to receive all sewage from the premises served. Footing or roof rains shall not be connected to the OSDS.
Backwashes from water softeners and other such treatment devices shall not enter an OSDS where the disposal component is an evapotranspiration bed. Utilization of units such as water softeners where backwashes occur shall require additional sizing of the septic tank and disposal area.
The OSDS shall service a single premises and shall not have additional residences or premises connected to it unless approved by the health officer.
No connections instead of or in addition to that for which the system was originally designed to accommodate may be made to an OSDS without written approval of the health officer.
Where any portion of the OSDS, except the subsurface disposal area, is subject to compaction due to vehicular traffic or large animals, the method and materials used in the construction of the OSDS must be capable of withstanding these conditions without impairing the function of the OSDS. (Vol. 6, p. 697 § 14(1) - (6), 1979).
13.04.120 Design and construction - Building sewer.
Pipe used for construction of a building sewer beyond the building plumbing shall be a minimum of three inches inside diameter and of cast iron, vitrified clay, concrete, or plastic which complies with the current U.S. Department of Commerce Commercial Standards for the particular pipe involved or of asbestos cement or plastic approved by the department.
Construction of the building sewer line shall be such as to secure watertight joints and it shall have a slope of not less than two percent.
No "T's" or ninety-degree ells shall be permitted in a building sewer line. All
forty-five-degree ells must have accessible cleanouts.
Three to six-inch lines shall have cleanouts installed at intervals of not more than fifty feet. Larger than six-inch diameter lines shall have cleanouts installed at intervals of not more than one hundred feet. (Vol. 6, p. 697 § 14(7), 1979).
Before septic tanks may be sold for installation within the county, plans must be submitted to and approved by the health officer. Such plans shall show all dimensions, reinforcing materials, structural details, and other pertinent data as may be required. Approval may not be construed or used in any manner to imply endorsement by the health officer. Plans must also be submitted and approved for individual built-in-place septic tanks.
No septic tanks shall be installed or constructed except those approved.
All septic tanks shall have a minimum of two compartments; however, two single compartment tanks may be used in series.
Liquid capacity:
All septic tanks must be designed according to waste load and in no case shall have a total capacity of less than one thousand gallons except with written approval of the health officer;
The first compartment or tank shall be one-half to two-thirds of the total septic tank capacity.
The outlet of the septic tank shall be so positioned as to be three inches below the level of the inlet.
On each septic tank or septic tank compartment, the inlet baffle or inlet
"T" shall extend approximately six inches below the bottom of the level of the septic tank outlet and above the bottom of the septic tank outlet to at least the crown of the inlet sewer.
In each septic tank or septic tank compartment, the outlet baffle or outlet
"T" shall extend below the bottom of the level of the septic tank outlet a distance approximately equal to twenty-eight to forty percent of the liquid depth below the bottom of the outlet. These baffles or
"T's" shall extend at least six inches above the bottom of the outlet level to provide storage for floating materials.
Septic tanks shall have at least one inch between the under side of the top of the tank and top of the inlet and outlet pipe or baffles to allow the required ventilation of the tank and disposal field through the premises building vent stacks.
Sewage holding tanks shall not be used as a permanent method of sewage disposal. The health officer may allow holding tanks on an interim use basis to handle emergency situations or to correct existing problem systems. The health officer also may allow holding tanks for controlled, part-time use situations such as recreational vehicle parks and trailer dump stations; provided, that an approved on-site sewage disposal system management program as provided in Section 13.04.180 is in effect.
Septic tank installation:
No septic tank shall be covered with an impervious surface unless the manhole and inspection holes are extended up through the impervious surface and the manhole cover is equipped with a locking-type cover;
No septic tank manhole shall be located more than eighteen inches below the finished grade. If it is necessary to place the septic tank more than eighteen inches below the finished grade, manholes shall be built up to within eighteen inches of the finished grade. (Vol. 6, p. 697 § 14(8), 1979).
No OSDS shall be constructed or installed which does not provide at the head of each disposal field a distribution device which allows effluent to be distributed equally to all disposal lines.
No distribution device shall be installed which is not constructed of durable, watertight materials.
No distribution device shall be constructed or installed which does not provide equal flow of effluent to all outlets. The distribution device shall be set on stable soil or otherwise supported to prevent misalignment.
No pump, siphon, or other effluent lifting or dosing device shall be installed which is not approved. (Vol. 6, p. 697 § 14(9), 1979).
13.04.150 Design and construction - Subsurface disposal field.
All effluent from a septic tank shall be disposed of by means of a subsurface disposal system except when special approval has been granted by the health officer for an alternate system as described in Sections 13.04.210 and 13.04.230.
The installation and use of cesspools is prohibited.
Seepage pits shall not be used except under special conditions approved by the health officer.
The subsurface disposal system shall not be installed in fill. This restriction may be waived when the health officer determines that the type of fill, the method of placement, and the stabilization period has or will allow full compliance with these rules and regulations.
Installation of an OSDS shall not be permitted in areas where the ground slope exceeds thirty percent. Installation on slopes in excess of fifteen percent, but not greater than thirty percent, may be allowed provided that subsoil profiles indicate no restrictive layers of soil and an appropriate design is provided.
No subsurface disposal field shall be installed in which all trenches are not of the same approximate length.
The maximum length of any individual line shall not exceed one hundred feet unless written approval is granted by the health officer.
Minimum width of the bottom of all disposal trenches shall be twenty-four inches. Disposal trench width in excess of thirty-six inches may not be used in computing absorption area.
The sides and bottom of all disposal trenches shall be scored to eliminate smearing and compaction of the trench-soil interface.
The bottom of the disposal trenches shall be constructed on a grade of not more than two inches fall per one hundred lineal feet.
The grade of the disposal lines shall be zero to six inches per one hundred lineal feet.
Filter material shall be uncrushed, washed gravel, three-eighths inch to two and one-half inches in diameter.
The maximum depth of cover over the disposal lines, including the minimum of two inches of filter material required in subsection (o) of this section, shall be twenty-four inches except by special permission of the health officer.
Minimum depth of cover over the filter material shall be six inches.
Minimum depth of filter material over the disposal lines shall be two inches.
Minimum depth of filter material below disposal lines shall be six inches.
The maximum depth of the bottom of the trench shall be thirty-six inches below ground surface.
The minimum distances between disposal lines shall be six feet.
The minimum diameter of gravity flow disposal line pipe shall be four inches.
No disposal field shall be installed unless adequate measures are taken to insure that proper grades on all disposal lines are maintained while backfilling.
All trenches, after having filter material placed over the disposal lines and before backfilling, shall have placed over the filter material, a layer of newspaper, straw, untreated building paper, or other approved materials which will allow moisture transmission, but not soil particle migration.
Where PVC, polyethylene, plastic pipe is used, the ends of the pipe must be capped.
There shall be a minimum of two trenches in all systems except where serial distribution is used. (Vol. 6, p. 697 § 14(10), 1979).
Any work done on an OSDS and any material used may be inspected by the health officer at any reasonable time, and if he/she finds that any work done or material used, is not in accordance with these rules and regulations, he/she may revoke the permit or notify the owner or installer to make such changes as he/she shall specify. If such changes are not made within a reasonable time, the health officer shall revoke the permit and it shall be unlawful to use such OSDS.
The following conditions must exist before a final inspection is made:
Installation and/or construction of the septic tank must be complete;
Installation of the building sewer, distribution device, and disposal area must be completed except for backfilling.
The OSDS shall be left open and uncovered until approved by the health officer.
The health officer shall be notified of the date and, as near as possible, the time the OSDS will be ready for final inspection. The person installing or repairing the OSDS shall be responsible for notifying the health officer. Notification shall be made at least one working day prior to the date that the OSDS is ready for final inspection.
The health officer must approve any modifications to an OSDS design prior to the changes being made.
The health officer shall make a final inspection of all OSDS repairs.
The health officer shall ordinarily make a final inspection of any new OSDS prior to its final covering. At the time the health officer is notified that the OSDS will be ready for inspection, he/she shall indicate whether such system will be inspected.
Upon completion and approval of the OSDS, the health officer shall notify the building department that the OSDS has been approved. (Vol. 6, p. 697 § 16, 1979).
13.04.170 Maintenance. Each OSDS shall be maintained in such a manner as to insure compliance with these rules and regulations. (Vol. 6, p. 697 § 17, 1979).
When subdivisions, mobile home parks, multiple housing units, or other commercial or residential developments are designed to have gross densities that exceed three and one-half residential units or twelve people per acre or waste flows of one thousand two hundred gallons per acre per day, an OSDS shall not be permitted unless the perpetual maintenance and management of the OSDS are under the responsibility of an approved management system as identified in subsections (b) and (c) of this section.
A proposed OSDS to be located within the boundary of any operating public sewer utility shall be approved by the sewer utility prior to the issuance of a permit. If the proposed system serves a density greater than that identified in subsection (a) of this section, the maintenance of the OSDS shall be the responsibility of the sewer utility or dry sewers shall be provided as approved by the State Department of Ecology and the sewer utility having jurisdiction in accordance with an approved sewage drainage basin plan.
An OSDS serving housing densities and/or flows exceeding that identified in subsection (a) of this section and not located within the boundaries of an operating public sewer utility shall have an approved perpetual maintenance and management system as established under the guidelines developed by the secretary, the State Department of Ecology, and the local entity responsible for public utilities. (Vol. 6, p. 697 § 8, 1979).
Effluent from any OSDS shall not be discharged to surface water, groundwater, or upon the surface of the ground.
A subsurface OSDS shall not be permitted in areas where a minimum separation of three feet between the bottom of the disposal trench and the maximum seasonal groundwater elevation or impermeable soil or rock layer cannot be maintained. The health officer shall require such greater vertical separation as needed to protect the public health.
A subsurface OSDS shall not be permitted in areas of fractured rock or excessively permeable material where it is likely that action of the soil profile will be ineffective in retaining and removing substances having an adverse effect on groundwater quality. (Vol. 6, p. 697 § 6, 1979).
It is unlawful for any person to engage in the business of pumping or cleaning any septic tank, cesspool, sump, holding tank, or any other receptacle or device for collection of sewage or waste without first having received a license from the health officer.
Applicants for a license under this section shall file a written application signed by the applicant on forms supplied by the health officer.
Upon receipt of such application, the health officer shall make such investigation as he/she deems advisable as to the applicant's business responsibility, knowledge of public health laws, knowledge of the function of an OSDS, cesspools, other sewage collection systems, or the adequacy of the applicant's equipment. If any of these areas are found to be inadequate, the application shall be denied. If found to be satisfactory, a license shall be issued upon payment of a fee as established by the CEHFS.
Every person issued a license under this section shall make a report once each month to the health officer on all services performed the preceding month. Such reports shall contain all information requested by and on forms supplied by the health officer.
It is unlawful to dump or dispose of the contents removed from septic tanks, cesspools, sumps, holding tanks, or other sewage collection receptacles or devices except at locations approved by the health officer. (Vol. 6, p. 697 § 18, 1979).
13.04.210 Alternate devices and methods. Approval authority for the application, installation, or use of any alternate device or method is vested with the health officer; provided, that the device or method has first been given a technical evaluation and report by the secretary. (Vol. 6, p. 697 § 5, 1979).
13.04.220 Larger systems. Until such time as guidelines governing the review, approval procedure, and authority for larger systems are developed between the secretary, local health department, the department of ecology, and municipal sewer utilities, the following shall apply:
All cases where the maximum design flow of any OSDS is greater than three thousand five hundred gallons per day, prior to construction of the system, the construction plans shall be submitted to the secretary for approval of engineering and to assure the system will not create a health hazard. The health officer shall not issue a permit for a larger system until it has been approved by the secretary. (Vol. 6, p. 697 § 9, 1979).
13.04.230 Other types of disposal units. Units other than septic tanks or devices that can function as septic tanks with subsurface disposal systems, including but not limited to chemical toilets, composting toilets, vault privies, incinerator toilets, mechanical and aerobic treatment devices, and evapotranspiration systems, may be used but only with the prior approval of the health officer in accordance with the procedure established in Section 13.04.210. (Vol. 6, p. 697 § 4, 1979).
Sanitary privies may be used in areas where no suitable domestic water supply is available subject to the following criteria:
In areas of high precipitation (greater than twenty-five inches annual average) and/or shallow, poor percolating soils, the waste receptacle must be sealed from exfiltration and infiltration;
In areas where good percolating soil exists and the seasonal high water table is deeper than four feet below the proposed bottom of the waste receptacle and less than an average annual precipitation of twenty-five inches occurs and lots or tracts are greater than five acres, the waste receptacle may be unsealed provided the distances found in Section 13.04.080, Table 1, are met;
In areas subject to flooding, high groundwater (closer than four feet to ground surface), or less than four feet of suitable soil exists, privies are not permitted.
All sanitary privies shall be constructed and maintained to have the waste receptacle contents inaccessible to rodents, vermin and vectors.
No privy may be constructed and/or located on any property without having first obtained a written
permit from the health officer prior to such construction and/or location.
Chemical toilets may be used around construction sites as a temporary means of sewage disposal. Chemical toilets may also be used in all situations where sanitary privies may be used in subsection (a) above. (Vol. 6, p. 697 § 19, 1979).
13.04.250 Health hazard described. An OSDS shall be considered a health hazard if it does not meet the standards of construction or location as provided in this chapter. The health officer shall have the authority to prohibit their use pending completion of necessary alterations to reasonably assure proper and safe operation. It is a violation of these rules and regulations for any person to continue to use or to permit any person to use any OSDS after having been directed by the health officer to suspend said use. It shall be considered prima facie evidence that an OSDS is being used upon showing that the premises served by such OSDS is occupied as a residence or business. (Vol. 6, p. 697 § 20, 1979).
13.04.260 Administration. The health officer shall administer these regulations under the authority and requirements of
RCW Chapters 70.05,
43.20, and
WAC 248-96-015. (Vol. 6, p. 697 § 1, 1979).
13.04.270 Waiver. Whenever a strict interpretation of these rules and regulations would result in extreme hardship, the health officer may waive such rule, regulation, or portion thereof; provided, that the waiver is consistent with the intent of these rules and regulations and that no public health hazard or nuisance will result and as long as the waiver is consistent with other state and local rules, regulations, laws, or ordinances. (Vol. 6, p. 697 § 23, 1979).
Any person may request and shall be granted a hearing before the health officer who seeks a waiver of these rules and regulations as provided in Section 13.04.270.
Any person may request and shall be granted a hearing before the health officer whose application for a permit or license under these rules and regulations has been denied.
The health officer may require a hearing to suspend or revoke any permit or license under these rules and regulations. If, as a finding of the hearing, he/she finds incompetency, negligence, misrepresentation, or failure to comply with these rules and regulations, said permit or license may be revoked or suspended.
A hearing shall not be scheduled less than ten days nor more than thirty days from the date:
The health officer has notified the interested party that a hearing will be held as provided in this section; or
The interested party has notified the health officer in writing of his/her request for a hearing as provided in this section.
At least seven calendar days before the date of the hearing, the health officer shall notify the interested party of the scheduled date, time, and place of said scheduled hearing.
At the hearing, the interested party shall be afforded an opportunity to present evidence and to discuss the issues fully. (Vol. 6, p. 697 § 24, 1979).
Any aggrieved person desiring that the board of health review a decision by the health officer must provide the health officer with a written notice of appeal within seven calendar days of the date said decision was rendered.
An appeal shall be heard by the county board of health at a regularly scheduled meeting which convenes at least ten days after the notice of appeal is received by the health officer.
At least seven days before the appeal is heard, the health officer shall notify the appealing party of the scheduled date, time, and place the appeal is to be heard. (Vol. 6, p. 697 § 25, 1979).
13.04.300 Health emergency. Nothing in these rules and regulations shall be construed to circumscribe the authority and power of the health officer to act in an emergency situation to control and prevent any health hazard which immediately threatens the public health of the inhabitants of the county and its municipalities which power and authority is governed by state law. (Vol. 6, p. 697 § 27, 1979).
13.04.310 Violation - Penalty. Any person violating or failing to comply with these rules and regulations shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum of not less than fifty dollars nor more than three hundred dollars, and/or imprisonment in the county jail for not more than ninety days. Each day such violation occurs or is permitted to continue shall constitute a separate offense. (Vol. 6, p. 697 § 26, 1979).
Chapter 13.08
PRIVATE SEWAGE DISPOSAL SYSTEMS IN PLATS
Sections 13.08.010 Plats - Filing fees. 13.08.020 Preliminary plat map and preliminary application submission. 13.08.030 Preliminary plat map - Data required. 13.08.040 Soil logs - Number and depth. 13.08.050 Use with community water supply - Lot area. 13.08.060 Lots below minimum area - Public system required. 13.08.070 Wells and septic tanks on same lot - Lot size. 13.08.080 Low mean ground water level unacceptable. 13.08.090 Recording plat - Conditions precedent.
13.08.010 Plats - Filing fees. Plats submitted to the health department with homes to be connected to septic tanks and drain fields require a filing fee of one dollar per lot. For plats with homes to be connected to sewers with one hundred lots or less, the fee is fifty cents per lot; one hundred lots or more, the maximum fee is fifty dollars. The fee is payable to the county health department and must be paid at the time of submitting the subdivision map for consideration. (Res. 72-69 Reg. 11 § 1, 1972).
13.08.020 Preliminary plat map and preliminary application submission. Preliminary plat map and preliminary application shall be submitted to the health department on or before the same deadline date as required by the planning commission. (Res. 72-69 Reg. 11 § 2, 1972).
13.08.030 Preliminary plat map - Data required. Each preliminary plat map shall show the contour lines and approximate location of soil log holes. These holes must be flagged for easy location. (Res. 72-69 Reg. 11 § 3, 1972).
13.08.040 Soil logs - Number and depth. A minimum of one soil log for each five acres shall be dug to a depth of seven feet. (Use separate sheet to report data.) This work shall be done by a soil tester-designer licensed in Kittitas County. (Res. 72-69 Reg. 11 § 4, 1972).
13.08.050 Use with community water supply - Lot area. When a private septic tank system is planned in conjunction with a community water system, each lot supporting a single-family dwelling shall have a minimum of twenty-two thousand square feet (approximately one-half acre). (Res. 72-69 Reg. 11 § 5, 1972).
13.08.060 Lots below minimum area - Public system required. Any lot less than twenty-two thousand square feet (approximately one-half acre) must be serviced by an active public sewer system or other sewage disposal system approved by the health department. (Res. 72-69 Reg. 11 § 6, 1972).
13.08.070 Wells and septic tanks on same lot - Lot size. The minimum lot size shall be forty-three thousand five hundred sixty square feet (approximately one acre) where individual wells and septic tank systems are located on the same lot. Exception to this requirement shall be limited to zoning districts which allow one residential lot per gross acre in a platted subdivision. (Res. 72-69 Reg. 11 § 7, 1972).
13.08.080 Low mean ground water level unacceptable. Areas in which the mean ground water level is less than four feet from the top of the ground shall not be considered satisfactory for individual sewage disposal systems. (Res. 72-69 Reg. 11 § 8, 1972).
13.08.090 Recording plat - Conditions precedent.
Prior to recording of a plat, the following shall apply:
Where public water is available within one-half mile or less of any proposed plat, water shall be provided by this means. A letter from the water district, city or other stating that arrangements have been made to supply the plat must be attached.
When a community water supply is to be provided, detailed drawings of a water distribution system shall be submitted. A well shall be constructed, a pump and storage tank shall be installed, and a letter from the Washington State Department of Health stating that plans and specifications have been approved shall be attached.
When an individual well is to be constructed on each lot, well sites shall be located on the plat map.
There shall be one soil log hole to a depth of forty-eight inches on each lot located in the approximate drainfield area. When percolation tests are requested (use separate sheet), test holes must be at a depth of thirty-six inches. Larger lot sizes may be required when percolation rates are over twenty minutes per inch. This work shall be done by a registered engineer or licensed designer.
Where septic tanks are to be used, there shall be a minimum depth of three feet of porous soil above hardpan, clay, or ground water. Fill material more than eighteen inches shall require approval by the health department. Each test hole shall be clearly marked for easy identification by a stick or flag. If the test holes cannot be properly identified, it may result in the plat not being considered for recording.
If natural growth prevents the health department from making an adequate evaluation of the proposed plat, then clearing and grubbing may be specified for those areas of the plat that are in question.
Lots must be numbered and staked.
Submit a copy of the final linen that will be filed for recording.
Notify this department seven days prior to date of recording for a site inspection.
It is the design engineer's responsibility to see that the sponsor or owner has complied with the above items pertinent to recording his plat, before the health department can give approval to the planning department for acceptance.
Any variances from the platting requirements of this regulation shall require approval by the health officer prior to submission for platting. (Res. 72-69 Reg. 11 § 9, 1972).
Sections 13.12.010 Purpose and authority. 13.12.020 Definitions. 13.12.030 State regulations adopted by reference. 13.12.040 Disposal site permit - Required. 13.12.050 Disposal site permit - Application. 13.12.060 Disposal site permit - Renewals. 13.12.070 Disposal site permit - Suspension. 13.12.080 Hearing and appeals. 13.12.090 Transportation of hazardous, industrial, and solid waste. 13.12.100 Waiver. 13.12.105 Disposal fees. 13.12.110 Violation - Penalty.
13.12.010 Purpose and authority. The purpose of these rules and regulations is to provide for the proper facilities and handling for wastes. The rules and regulations are adopted pursuant to authority granted this board of health by
RCW 70.95.160 and
70.05.060(3). (Vol. 3, p. 373-1 § 1, 1979).
13.12.020 Definitions. The definitions as found in WAC 173-301 shall apply except as modified under this section:
Health officer
The duly appointed health officer of the county health department or his/her authorized representative.
Transfer station
A fixed, supplemental, collection/transportation/disposal facility, used by persons and/or route collection vehicles to deposit wastes for transport to another disposal site.
(Vol. 3, p. 373-1 § 2, 1979).
13.12.030 State regulations adopted by reference. The Washington State Department of Ecology Regulation Relating to Minimum Functional Standards for Solid Waste Handling (WAC 173-301) is adopted by reference. (Vol. 3, p. 373-1 § 3, 1979).
Every person shall obtain and have in possession a valid permit from the health officer, prior to establishing, constructing, and/or operating, a waste disposal site. A permit for a site not conforming to WAC 173301-180 to -500 may be issued upon concurrence of the health officer and the board of health as provided in WAC 173-301-610.
The permit shall be valid for a period of one year from the date of issue unless otherwise stated.
Permits are not transferable from person to person or site to site. (Vol. 3, p. 373-1 § 4, 1979).
An application for a disposal site permit shall be submitted in writing to the health officer on forms approved by the State Department of Ecology. All applications shall indicate how the proposed site, facilities, and operational procedures will assure compliance with WAC 173-301, the Cooperative Countywide Solid Waste Management Plan for Kittitas County and its municipalities, The Washington State Environmental Policy Act, and other applicable laws or regulations. Such detailed plans shall be prepared by an individual competent in the area of waste system designs.
Prior to the issuance of a permit, the appropriate fee, as established by the environmental health comprehensive fee schedule, adopted May 16, 1977, or hereafter amended, must be remitted to the health department. (Vol. 3, p. 373-1 § 5, 1979).
13.12.060 Disposal site permit - Renewals. Renewal of a permit shall be accomplished by payment of the disposal site permit fee and a satisfactory review of the site's operation and facilities by the health officer. (Vol. 3, p. 373-1 § 6, 1979).
13.12.070 Disposal site permit - Suspension. A disposal site permit may be suspended by the health officer in accordance with
RCW 70.95.200. (Vol. 3, p. 373-1 § 7, 1979).
Any decision by the health officer to deny issuance or renewal of, or to suspend, a disposal site permit may be appealed to the board of health in accordance with
RCW 70.95.210.
Upon receipt of a written appeal, the board of health shall hold a hearing as outlined in
RCW 70.95.210. (Vol. 3, p. 373-1 § 8, 1979).
13.12.090 Transportation of hazardous, industrial, and solid waste. No hazardous, industrial, or solid wastes may be transported from outside the county and its incorporated municipalities to disposal sites within the county or its incorporated municipalities without approval from the board of health. (Vol. 3, p. 373-1 § 9, 1979).
13.12.100 Waiver. The board of health may grant waivers to this chapter, provided the waivers are consistent with the intent of this chapter and state law. (Vol. 3, p. 373-1 § 10, 1979).
A copy of the fee schedule shall be made open to the public at the Kittitas County solid waste department.
All fee schedules shall include a date on which the schedule becomes effective. (Ord. 955, 1995: Res. 81-4, 1981: Res. 80-9, 1980).
13.12.110 Violation - Penalty. Any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than fifty dollars for the first conviction, not less than one hundred fifty dollars for the second conviction, and not less than three hundred dollars for the third and each subsequent conviction and/or imprisoned in the county jail for not more than ninety days for each conviction. Each day a violation occurs shall constitute a separate violation. (Vol. 3, p. 373-1 § 11, 1979).
Chapter 13.20
WELL CONSTRUCTION, RECONSTRUCTION AND DECOMMISSIONING REQUIREMENTS
13.20.010 Authority. The following Chapter is adopted per
Chapter 70.05 RCW,
Section 18.104.043 RCW, the Joint Plan of Responsibility between Washington State
Department of Health and Kittitas County Public Health Department (KCPHD), and the
Interagency Agreement between the Department of Ecology and the KCPHD in order
for KCPHD to inspect and enforce well construction, reconstruction and
decommissioning pursuant to state and local laws. (Ord. 2011-006, 2011)
13.20.020 Applicability. This Chapter applies to all well construction, reconstruction
and decommissioning activities in Kittitas County. (Ord. 2011-006, 2011)
13.20.030 Notification. Adequate notice shall be given to KCPHD prior to any well
construction, reconstruction or decommissioning activities.
Well Site Review. The owner or authorized agent shall:
Submit a completed application for well site review with any applicable
fees to KCPHD at least 72 hours in advance of any well construction or
reconstruction activities; and
Arrange a well site inspection with KCPHD to determine the well
location if the well will supply a Group A or Group B public water
system.
Notification of Drilling. The well driller shall:
Submit a completed Notification of Drilling form to KCPHD at least 72
hours in advance of any well construction, reconstruction or
decommissioning activities; and
Re-submit an updated and complete Notification of Drilling form if the well
construction, reconstruction or decommissioning activity date changes
from the original submission. (Ord. 2011-006, 2011)
All wells shall be located in accordance with the following rules:
Minimum Standards for Construction and Maintenance of Wells (Chapter
173-160 WAC);
Developments, Subdivisions and Minimum Land Area Requirement rules
for Positioning of On-Site Sewage Systems (Chapter 246-272A WAC);
The Joint Plan of Responsibility;
The site's unique physical features and structures so that the well is
protected from contamination; and
Any other applicable federal, state or local law.
A well for a Group A Water System shall also be located:
In accordance with Source Water Protection rules for Group A Water
Systems (Section 246-290-135 WAC);
A well for a Shared or Group B Water System shall also be located:
In accordance with Ground Water Source Approval and Protection Rules
for Group B Water Systems (Chapter 246-291 WAC), including but not
limited to a minimum one hundred foot sanitary control area and a duly
recorded restrictive covenant;
So that all properties within the well's sanitary control area are being
served by the well; and
So that no road is within the sanitary control area. The meaning of road for
this Chapter shall include but is not limited to, any county, state or federal
right of ways and any private road. Driveways are not considered roads
under this Chapter.
A well for a Shared or Group B Water System shall have a recorded easement
granting access to the well, pump house and pipeline to the future owners of the
water system.
A well for an individual water system shall also be located:
So that no road is within fifty (50) feet of the well. The meaning of road for
this Chapter shall include but is not limited to, any county, state or federal
right of ways and any private road. Driveways are not considered roads
under this Chapter. (Ord. 2011-006, 2011)
Well Tagging, Sealing and Decommissioning sections of Water Well
Construction (Chapter 18.104 RCW);
Well Tagging, Sealing and Decommissioning sections of Minimum
Standards for Construction and Maintenance of Wells (Chapter 173-160
WAC); and
Any other applicable state or local law.
If any wells are constructed in violation of the state or local law that is applicable
at the time of construction, KCPHD may require decommissioning the violating
well and installation of a complying well at the expense of the owner.
If any existing wells are included as part of a subdivision or building permit
application, the well shall comply with all current state and local regulations, or
the well shall receive approval from KCPHD to be exempt from current
regulations. (Ord. 2011-006, 2011)
13.20.060 Appeals. Any applicant who is aggrieved by a decision by KCPHD regarding
well tagging, sealing and decommissioning shall appeal the decision to the Department
of Ecology through the Pollution Control Hearing Board per
Chapter 43.21 B RCW. (Ord. 2011-006, 2011)
13.25.020 Applicability. Chapter 13.25 KCC applies to all truck transportation of bulk
potable water, and cistern system construction and maintenance in Kittitas County.
Cistern systems are only permissible as a water source for single dwelling unit
residences upon a showing that no other potable water source is available upon the
property as detailed in Section 13.25.080 KCC. No potable water hauling or cistern
system shall be permitted for two or more dwelling units served by a common storage
and piping system, and no potable water hauling or cistern system shall be permitted for
any commercial use, including use of a single dwelling unit for day care, bed and
breakfast, group home, hair stylist, food producer under a WA Dept. of Agriculture
license, or other commercial use. An application for subdivision shall not use cisterns to
demonstrate that appropriate provisions for potable water supplies are provided for. (Ord. 2011-006, 2011)
13.25.030 Licensing of Commercial Potable Water Haulers.
Initial License Requirements. All persons engaged in the commercial
transporting of bulk potable water shall obtain a license from KCPHD. In order to
receive a license, the following shall be submitted to KCPHD:
A completed application and fee, including a notarized signed statement
that:
The equipment to be used meets the requirements in this Section;
The applicant understands and will comply with the treatment
requirements in this Section; and
The applicant understands that the source for all water to be
delivered to water storage systems is a Group A water system.
Proof of Insurance:
Commercial General Liability and Auto Insurance in the amount of
one million per incident and two million dollars aggregate; and
Pollution Liability Insurance in the amount of one million dollars per
incident and two million aggregate.
A passing inspection by KCPHD of the equipment within 60 days prior to
the submission date of the completed application. A passing inspection
includes but is not limited to: a passing water quality test after the initial
holding tank disinfection, passing equipment test, and the ability to fill a
truck container through an air gap or a backflow prevention device.
A license is not required of any person who performs labor or services under the
direct supervision of a licensed potable water hauler, any private water system
owner who performs work on the private water system serving his or her dwelling
house, or any person who aids the owner with this work without compensation.
However, persons exempt from licensing under this paragraph shall comply with
all applicable sections of this chapter. For purposes of this Chapter, "direct
supervision" means that a licensed potable water hauler instructs and controls
the person claimed to be supervised and that the licensed water system
contractor is responsible for the actions of that person and is reasonably
available if and when needed , even though such licensed potable water hauler
may not be physically present at the work site.
Every licensee shall maintain and submit to KCPHD such complete and accurate
records as may be required for determining compliance with all applicable rules
of this Chapter. (Ord. 2011-006, 2011)
13.25.040 Water Hauler Equipment and Treatment Requirements. All potable water
haulers shall comply with the requirements of this rule, regardless of the licensing
requirement in Section 13.25.030 KCC.
Equipment.
The holding tank on the truck to be utilized shall only be used to transport
potable water, and shall not have been used to transport any other
substance. The holding tank shall not have been previously used to
transport a noxious, hazardous, or a toxic substance or liquid;
Each holding tank shall display the name, water hauler license number
and telephone number of the licensed water hauler;
The holding tank shall be completely enclosed and tightly sealed, with
lockable hatches or lids. The inlet or opening to every holding tank shall
be so constructed to prevent the entrance of insects, rodents or other
foreign material that may cause contamination of water. With the
exceptions of cleaning or filling the tank, the inlet openings shall be kept
closed at all times;
All holding tanks shall be filled or emptied through an air gap or approved
double-check valve assembly, in accordance with
Section 246-290-490
WAC;
All equipment used in this distribution of water shall be clean and sanitary
and protected from contamination at all times; and
Flexible connector ends shall be protected and capped at all times except
during filling or emptying of the transportation equipment.
Initial Truck Disinfection.
All equipment that is being used for the first time to transport potable water
shall be disinfected using the procedures in this section.
The holding tank shall be scrubbed.
All rust and sediment shall be rinsed or flushed from the holding tank.
The holding tank shall be visually inspected to ensure that the tank is
clean, in good condition and free of contaminants.
The holding tank shall be completely filled with water containing at least
50 ppm of chlorine (disinfection solution). The chlorine shall be added to
the tank in proportion to the water in order to ensure adequate mixing.
The disinfection solution shall be held in the holding tank for at least
twenty four contiguous hours. All hoses, pumps and other equipment
using in handling water shall be disinfected the same way.
It is the responsibility of the water hauler to ensure that the disinfecting
solution is disposed of according to state and local waste disposal
regulations.
Once the holding tank is empty of the initial disinfecting solution, the tank
shall be refilled with the water to be transported and tested for coliform
bacteria. If coliforms are present, the tank shall not be used unless the
disinfection process is completed again, and the end test is free of
coliforms.
Potable Water Treatment.
Each tank load of water shall be dosed with a sufficient amount of chlorine
to produce a minimum chlorine residual of two tenths parts per million at
delivery of the water and shall not exceed a maximum chlorine residual of
four (4.0) parts per million at delivery of the water.
A water hauler shall keep equipment to test the free residual of chlorine in
the tank and shall test the tanks of water that are delivered. If less than
two tenths ppm is detected then the hauler shall add sufficient chlorine to
obtain the residual chlorine concentration required by Section
13.25.040 (3)(a).
Handling Equipment.
All handling equipment used in the operation shall be stored off the ground
at all times.
All handling equipment shall be thoroughly flushed, disinfected with the
procedures in Section 13.25.040(2) KCC, and then flushed again with the
source water prior to each use.
All hoses shall be capped at both ends when not in use.
All handling equipment shall be regularly inspected, and disinfected or
replaced as needed.
All handling equipment shall be designed for potable water, and shall be
capable of being disinfected.
Annual Inspection.
All transportation equipment used in the distribution of water by licensed
water haulers shall be inspected for compliance with this rule annually by
KCPHD.
Records.
Both the licensed water hauler and owner of the receiving cistern system
shall keep a record of all deliveries of water. The records shall be made
available to KCPHD upon request. Records shall include:
The quantity delivered per trip;
The approved water source(s) used;
Dates and times of delivery and free chlorine residual at point of
delivery;
The chlorine dose at the fill point and the free chlorine residual after
filling; and
Any notes regarding the receiving cistern system.
Licensed water haulers shall keep the following records in all trucks
approved for water hauling at all times. The log shall include:
A record of any current water in the tank, including the community
Group A system where the water originated from, where the water
is going, and the free chlorine residual directly after filling the tank;
The date the truck, holding tank and handling equipment was last
inspected by KCPHD; and
The date the holding tank and handling equipment was last
disinfected using the procedures in Section 13.25.040(2), and the coliform test results after disinfection.
Ongoing Equipment Maintenance.
The water contact surfaces and equipment shall be cleaned and
disinfected:
Before it is put into use;
When the system or any of its parts have been dismantled or
replaced for purpose of repair, maintenance or alteration;
Any time contamination is suspected; and
Yearly for license renewal.
Monthly Reporting Requirements.
Every month, all licensed water haulers shall submit to KCPHD:
The passing results of a coliform test performed that month for
each delivery vehicle used to transport water; and
KCPHD may order any water hauler to cease water deliveries or the use of any
water transportation equipment for violation of this rule or if KCPHD suspects
contamination of the water hauling equipment or the hauled water. (Ord. 2011-006, 2011)
13.25.050 Initial Water Hauler License Period. The initial License is valid for one
year, and will automatically lapse at the end of the year unless the Water Hauler follows
the ongoing license requirements in Section 13.25.060 KCC. (Ord. 2011-006, 2011)
13.25.060 Ongoing Water Hauler License Requirements. In order to maintain a
Water Hauler License, a yearly renewal application, fee and passing annual inspections
for all equipment shall be submitted to KCPHD. A passing inspection includes but is not
limited to: a passing water quality test after the initial tank disinfection, passing
equipment test, and the ability to fill a truck container through an air gap or a backflow
prevention device. (Ord. 2011-006, 2011)
13.25.070 Suspension, Revocation, and Denial of Water Hauler License.
KCPHD may suspend, revoke, or deny any potable water hauler license for
violation of the requirements of this chapter.
Grounds for suspension, revocation, or denial of a potable water hauler's license
shall include, but not be limited to:
A material misstatement or falsification of facts in the application for a
license or obtaining a license through fraud or misrepresentation;
A material misstatement or falsification of facts in any records kept for the
purposes of complying with Kittitas County Code;
A violation of the conditions of the potable water hauler's license;
A violation of any applicable rule of this chapter;
Failure to maintain commercial drivers license;
Failure to maintain insurance as required under this rule;
Conviction in any criminal proceeding or failure to comply with a judgment
or order that is issued by the court in any civil proceeding in connection
with a private cistern system;
Aiding or abetting an unpermitted business or person to evade the
requirements of this Chapter, allowing one's permit to be used by an
unpermitted person, or acting as an agent, partner or associate of an
unpermitted person with the intent to evade the provisions of this Chapter;
A demonstrated incompetency to act in the business or businesses for
which a license is held; or
The transportation of water from a source other than a Group A water
system.
Upon the revocation, suspension, or denial of a license, the water hauler may
appeal through the appeal process in Chapter 13.85 KCC. (Ord. 2011-006, 2011)
Prior to approval for an Adequate Water Supply Determination for a proposed
cistern system, the applicant shall provide proof of the following:
A notarized statement that:
There are no other potable water sources available on the property;
Water budget neutrality is not available for the property; or an
application for water budget neutrality was submitted and no
response was received approving water budget neutrality within 45
days; and
That the water to be transported to the cistern system shall
originate from a community Group A water system that is in green
or yellow status with the state Department of Health.
A letter from the water purveyor of the community Group A public water
system in which the water purveyor:
Is capable of supplying water to cisterns because the water
purveyor has either:
Obtained an amendment to the water system plan which
includes a change of service area from Department of
Health. The change of service area shall allow for the
distribution of water to cisterns, and comply with Section
246-290-107 WAC regarding the expansion of place of use;
or
Obtained a place of use amendment from Department of
Ecology which allows the community Group A public water
system to provide water to cisterns in the cistern location.
A Notice of an Alternative (Non-standard) Water Source is filed with the
County Auditor's office for the property where the cistern system will be
located. The Notice shall include:
Potable water is supplied via a cistern system on the property;
The number of people the dwelling unit is designed for;
The gallons per day that will be available to each person;
The estimated number of days between storage unit refills if the
cistern system is used as designed and the dwelling unit is used as
a primary residence; and
That the owner of the property is required to maintain the cistern
according to the Operations and Maintenance Plan filed with the
County Auditor's office.
Rainwater. Rainwater is an acceptable supplemental source of water when the requirements in
Section 13.25.080(1) KCC are met. Rainwater is not permitted
as the sole water source for a property. (Ord. 2011-006, 2011)
13.25.090 Cistern System: Design and Treatment Requirements.
Design Standards.
All applications for an Adequate Water Supply Determination that include
a cistern system shall be submitted by a professional engineer and bear
the engineer's seal and signature. This includes all rainwater components
of a cistern water system.
The capacity of the storage unit for the cistern water system shall be
adequate to meet the intended needs of the household. No storage of less
than two thousand five hundred gallons capacity per dwelling unit shall be
installed.
The minimum amount of water that is needed by the dwelling unit on
a monthly basis shall be calculated by the following formula: (the number
of
people the dwelling unit is designed for) x (75 gallons/day) x (30 days).
The minimum amount is not required to be delivered by truck to the
dwelling unit, however, the water purveyor shall agree to provide at least
that amount to the dwelling unit.
Water obtained from cistern water systems shall be continuously treated
as prescribed in Section 13.25.090(2) KCC.
Prior to approval of Adequate Water Supply Determination, an Operations
and Maintenance Plan with specific schedules based on manufacturers'
recommendations shall be recorded with the County Auditor by the
applicant. The schedules shall include potable water testing, operations
and maintenance, equipment testing, and equipment replacement.
Any rainwater components of the cistern water system shall be designed
in accordance with all State Department of Ecology and Health policies,
rules and regulations regarding rainwater use for potable water. Rainwater
is a surface water for the purposes of determining treatment standards.
KCPHD may require outdoor signage denoting the location of the cistern
dependant on where the cistern is located and other site specific factors.
Potable Water Treatment Requirements. Cistern water systems shall be
provided with continuous treatment, as provided in this Section.
All treatment systems and Operations and Maintenance Plans shall be
submitted by a professional engineer and bear the engineer's seal and
signature and conform to all applicable treatment standards necessary for
potable water. Possible treatment systems may include, but are not
limited to chlorination, iodination, ultraviolet, ozone, filtration or reverse
osmosis. All water withdrawn from the cistern for use inside the dwelling
shall be suitably treated.
All treatment systems shall ensure the protection of the health of the
persons served by that system.
An owner of a cistern system that has treatment shall maintain a test kit
or
appropriate testing equipment to determine the treatment residuals and
shall periodically test the water for residual levels after treatment has
occurred. With all treatment systems, the owner shall also test for
coliforms on a regular basis. The testing schedules shall be documented
in the Operations and Maintenance Plan recorded with the County Auditor.
Signage Requirements. In all situations where water is supplied from a cistern
system, a permanent sign shall be posed in a prominent position inside the
dwelling in close proximity to the main water faucet that:
Describes the type of water source;
Describes the type of continuous treatment
system; and
Warns users of the possible health risks.
Record Keeping. All owners of a cistern system shall keep the following records
and submit the records to KCPHD yearly.
Records of all maintenance performed on the cistern system, including the
storage and treatment portions;
Records of the dates and results of all tests performed to determine
treatment residuals and presence of any harmful contaminants such as coliforms.
Records of all potable water deliveries, including the date, the water
hauler who made the delivery, the amount of water delivered, the source
of the water, and the chlorine residual in the storage unit after delivery.
After the initial inspection, all cistern systems shall be inspected by
KCPHD at time of sale. It is the responsibility of the owner of the cistern
system to schedule the initial and time of sale inspections with KCPHD.
Failure to obtain an inspection and pay the inspection fee may result in
KCPHD closing the system from use. (Ord. 2011-006, 2011)
Sections 13.30.010 Group B Public Water System Installation. 13.30.020 Group B Water Systems - Bonding. 13.30.030 Group B Water System Operations and Maintenance.
13.30.010 Group B Public Water System Installation.
All applicants for a Group B water system serving fewer than 10 connections and
fewer than 25 people shall meet the following requirements.
Application.
Submit completed application materials to KCPHD,
including:
A completed application, including a completed
Group B workbook that complies with Chapter 246-291 WAC;
A valid Satellite Management Agency (SMA)
agreement; and
Any applicable fees.
The application shall be submitted by a licensed engineer
and bear the engineer's seal and signature when required by
Section 246-291-040 WAC.
Incomplete application materials will be returned to the
applicant.
Water Source. The Group B water source shall meet the following
requirements:
If the Group B public water system includes groundwater wells,
then the wells are sited and constructed according to all state and
local law.
Well construction is complete prior to approval of Group B system.
The source shall meet minimum flow or quantity requirements for
the planned Group B public water supply system per
Chapter 246-291 WAC.
Source water shall meet
Chapter 246-291 WAC water quality
requirements and pass any other water quality tests determined
necessary by KCPHD.
Water Distribution System: The Group B water distribution system shall
meet the following requirements:
Any requirements as outlined in the Joint Plan of Responsibility
between the State of Washington Department of Health and
KCPHD, including but not limited to: Group B Water System
Approval Guideline, DOH Pump Test Policy, and Hypochlorination
Facilities for Small Systems Approval Checklist.
Any other applicable federal, state or local regulations.
All applicants for a Group B water system with 10 or more connections shall meet
the application requirements as determined by the Washington State Department
of Health. (Ord. 2011-006, 2011)
Publisher's note: Section 13.30.010(1)(a) numbering is
consistent with Ord. 2011-006,
2011.
Authority of the Public Health Administrator.
The Administrator of the Kittitas County Public Health
Department, or the Administrator’s designee, shall have the
authority, on behalf of the County, to ascertain whether
proposed Group B water systems comply with all state and local
engineering, design and construction standards as set forth in
the Joint Plan of Responsibility between the State of Washington
Department of Health and the Kittitas County Public Health
Department.
Cost Estimates and Construction Bonds.
Failure to comply with all state and local engineering, design and construction standards as set forth in the Joint Plan of Responsibility between the State of Washington Department of Health and the Kittitas County Public Health Department may result in denial of plan or development permit approval, revocation of prior approvals, or legal action for forfeiture of performance guarantee.
In lieu of the completion of any Group B water system prior to approval of a final plat, short plat or other land-use action, the developer shall complete the Washington State Department of Health Guideline for Group B Public Water System Approval and Guideline for Group B Water System Approval Appendices which include drilling and testing of the well(s). Developer shall provide a performance guarantee in an amount and with satisfactory surety and conditions providing for and securing to Kittitas County the actual engineering, design and construction and installation of the Group B Water System within a period specified by the Public Health Administrator. The Administrator will enforce the guarantee through appropriate legal and equitable remedies. If a surety bond is provided, the amount of the bond shall equal one hundred thirty-five percent (135%) of the estimated engineering, design, and construction cost. When a letter of escrow or cash is used, the amount covered shall be for one hundred fifteen percent (115%) of the estimated engineering, design, and construction cost as reviewed and concurred with by the Public Health Department.
The amount of the financial guarantee may be reduced during construction proportionally to the amount of work completed, as said work is approved by the Public Health Department.
Group B water system applications shall be submitted by a professional engineer licensed in the State of Washington whenever the application calls for an atmospheric storage tank, more than one well, more than one pressure zone, fire flow requirements, or treatment other than simple hypochlorination prior to acceptance by the Public Health Department.
Building permits will not be issued until construction is
completed or bonded as set forth in this chapter, and approved
by the Public Health Department. The developer is legally and
financially responsible for ensuring all Group B water systems
are engineered, designed, and constructed in accordance with
state and local requirements.
(Ord. 2008-05, 2008; Ord. 2011-006, 2011)
Publisher's note: Section 13.30.020 numbering is
consistent with Ord. 2011-006,
2011.
13.30.030 Group B Water System Operations and Maintenance.
The owner or purveyor of a Group B Water System that has not entered into
a
valid Satellite Management Agreement (SMA) shall submit the following
monitoring and financial information to KCPHD:
On an annual basis:
At least one passing bacteriological test meeting the standards
of Chapter 246-291 WAC performed in the last twelve (12)
months.
Every three years:
An updated Water Facilities Inventory Form;
At least one passing nitrate test meeting the standards of
Chapter 246-291 WAC performed in the last thirty six (36)
months; and
Updated financial information.
KCPHD may conduct a sanitary survey of a Group B Water System
whenever:
KCPHD receives a complaint;
KCPHD receives a request for a loan certification;
A Group B Water System changes ownership or the purveyor;
or
KCPHD determines a public health threat exists or is suspected.
All Group B Water System owners and purveyors shall comply with
Chapter
246-291 WAC when performing planning, maintenance, monitoring and
reporting for a Group B Water System. This includes the planning and notice
requirements in Section 246-291-140 WAC. (Ord. 2011-006, 2011)
Publisher's note: Section 13.30.030(2) numbering is
consistent with Ord. 2011-006,
2011.
Chapter 13.35
ADEQUATE WATER SUPPLY DETERMINATION FOR BUILDING PERMITS
Sections 13.35.010 Authority. 13.35.020 Applicability. 13.35.030 Group A Public Water System Requirements. 13.35.040 Group B Water System Requirements. 13.35.050 Individual Water System Requirements. 13.35.060 Shared Water System Requirements.
13.35.010 Authority. The Health Officer of the Kittitas County Public Health
Department has the authority, on behalf of the County, to ascertain whether there is
evidence of an adequate water supply per
Section 19.27.097 RCW, including whether
proposed water systems comply with all state and local engineering, design and
construction standards as set forth in the Joint Plan of Responsibility between the State
of Washington Department of Health and the Kittitas County Public Health Department. (Ord. 2011-006, 2011)
13.35.020 Applicability. An Adequate Water Supply Determination is required of all
persons who are: 1) applying for a building permit with either a) a proposed new
structure which will have potable water or b) a proposed change in the number of
dwelling units for any existing structures; 2) proposing a new or supplemental water
system; or 3) proposing extensive changes to the old water system where the changes
have the potential to negatively impact the water systems flow. An Adequate Water
Supply Determination shall not be required for building permits that do not require a
change in the water system or structures which will not have potable water plumbing. (Ord. 2011-006, 2011)
13.35.030 Group A Public Water System. Applicants for an Adequate Water Supply
Determination where the source is a Group A public water system shall provide to
KCPHD:
A completed water adequacy application signed by the water purveyor along with
any applicable fees;
The final water system identification number from the Department of Health; and
Verification that the Department of Health operating permit is either in Yellow or
Green status. Applicants for a building permit expecting to be supplied with
drinking water from a purveyor with an operating permit in Red status
(inadequate) or in Blue status (operating without design approval, or exceeded
number of DOH-approved connections) will not be approved by KCPHD.
(Ord. 2011-006, 2011)
13.35.040 Group B
Public Water System. Applicants for an Adequate Water Supply
Determination where the source is a Group B public water system shall provide to
KCPHD:
A completed application signed by the water purveyor along with any
applicable fees;
The final water system identification number from the Department of Health;
and
Certification that the Group B public water system has been constructed and
maintained in accordance with the KCPHD or DOH approved plans and
specifications, including up to date monitoring and financial information. (Ord. 2011-006, 2011)
13.35.050 Individual Water System. Applicants for an Adequate Water Supply
Determination with an individual water system shall meet the following requirements:
Application. Submit a completed application with any applicable fees to
KCPHD.
Groundwater Well as Water Source. The water quality and quantity of the
groundwater well shall be evaluated for an Adequate Water Supply
Determination by KCPHD.
Water Quality. The water produced by the water source shall either:
Pass a water quality test with results submitted to KCPHD; or
If the water fails the water quality test, then applicant shall
Add a treatment system to raise the water quality to
potable standards. All treatment system designs shall be
submitted by a professional engineer and bear the
engineer's seal and signature. The treatment system
shall comply with all applicable federal , state and local
regulations and shall protect the health and safety of the
users of the system; and
File a notice with the County Auditor describing the
treatment system.
Water Quantity.
All wells to be used in an individual water system shall be
constructed prior to the issuance of an Adequate Water Supply
Determination.
A well log recorded within the last ten (10) years demonstrating
a minimum flow of five (5) gallons per minute (GPM) for at least
a two (2) hour period shall be submitted to KCPHD.
If a well log is not available or the well log indicates a flow
of less than five (5) GPM for a two (2) hour period, then a four-hour draw down test shall be submitted to KCPHD.
A well log that was recorded more than ten (10) years
ago may be accepted at the discretion of the Health
Officer.
The minimum acceptable production level where the water
source is a well is three hundred fifty (350) gallons per day for
an individual water system.
Water Distribution System. When the water source is a well and produces
less than five gallons per minute (5 GPM) according to the well log or four-hour draw down test, adequate flow equalization is required for periods of
higher use within the dwelling unit. The water distribution system design shall
be submitted by a licensed engineer, bear the engineer's seal and signature,
and meet the following requirements:
Flow equalization tank requirements shall be determined by the
following: (150)(5-X gpm) = gallons of tank capacity needed (where X
= gallons per minute produced as determined by the four-hour draw
down test). The required tank capacity could be as much as 715
gallons depending on the flow of the well.
A booster pump and pressure tank shall be included in the water
distribution system.
Cistern as Water Source. When the proposed water source is a cistern, the
applicant for a Water Supply Determination shall comply with
Chapter 13.25
KCC.
(Ord. 2011-006, 2011)
13.35.060 Shared Water System. Applicants for an Adequate Water Supply
Determination with a connection to a shared water system shall meet the following
requirements:
Application. Submit a completed application with any applicable fees to
KCPHD. This includes a valid Shared Well Users Agreement signed by both
users of the well.
Groundwater Well as Water Source. The water quality and quantity of the
groundwater well shall be evaluated for an Adequate Water Supply
Determination by KCPHD.
Water Quality. The water produced by the water source shall either:
Pass a water quality test with passing results submitted to
KCPHD; or
If the water fails the water quality test, then applicant shall:
Add a treatment system to raise the water quality to
potable standards. All treatment system designs shall be
submitted by a professional engineer and bear the
engineer's seal and signature. The treatment system
shall comply with all applicable federal, state and local
regulations and shall protect the health and safety of the
users of the system; and
File a notice with the County Auditor describing the
treatment system.
Water Quantity.
All wells to be used in a shared water supply system shall be
constructed prior to the issuance of an Adequate Water Supply
Determination.
A well log recorded within the last ten (10) years demonstrating
a minimum flow of seventeen (17) gallons per minute (GPM) for
at least a two (2) hour period shall be submitted to KCPHD.
If a well log is not available or the well log indicates a flow
of less than seventeen (17) GPM for the two (2) hour
period, then a four-hour draw down test shall be
submitted to KCPHD.
A well log that was recorded more than ten (10) years
ago may be accepted at the discretion of the Health
Officer.
The minimum acceptable production level for a shared water
supply system is seven hundred (700) gallons per day.
Water Distribution System. When the water source produces less than
seventeen gallons per minute according to the well log, adequate flow
equalization is required for periods of higher use within the two dwelling units.
The water distribution system design shall be submitted by a licensed
engineer, bear the engineer's seal and signature, and meet the following
requirements:
Flow equalization tank requirements shall be determined by the
following: (150)(17-X gpm) = gallons of tank capacity needed (where X
= gallons per minute produced as determined by the four-hour draw
down test). The required tank capacity could be as much as 2500
gallons depending on the flow of the well.
A booster pump and pressure tank shall be included in the water
distribution system.
(Ord. 2011-006, 2011)
If any provision of this Title or its application to any person or circumstance is held
invalid or unconstitutional, the remainder of this Title or the application of the provisions
to other persons or circumstances is not affected. (Ord. 2011-006, 2011)
Publisher's note: the section within Chapter 13.50 was not
enumerated in the ordinance.
It is the specific intent of this Title to place the obligation of complying with its
requirements upon those parties regulated thereunder, and no provision of nor term
used in this code is intended to impose any duty whatsoever upon Kittitas County or any
of its officers or employees. Nothing in this code is intended to be nor shall be
construed to create or form the basis for any liability on the part of Kittitas County, on its
officers, employees or agents, for any injury or damage resulting from the failure of any
person subject to this code to comply with this code, or by reason or in consequence of
any act or omission in connection with the implementation or enforcement of this code
on the part of Kittitas County by its officers, employees or agents. (Ord. 2011-006, 2011)
Publisher's note: the section within Chapter 13.55 was not
enumerated in the ordinance.
The KCPHDFS for all applications, permits, licenses, inspections, and appeals required
by this Title shall be proposed by the Board of Health and then set by resolution of the
Board of County Commissioners. Failure to pay any required fee may result in denial of
application, permit, license or inspection, and/or revocation of license, and/or closure of
any water system, septic system or well for which fees are unpaid. (Ord. 2011-006, 2011)
Publisher's note: the section within Chapter 13.60 was not
enumerated in the ordinance.
Nothing in this Title shall be construed to circumscribe the authority and power of the
Health Officer to act in an emergency situation to control and prevent any health hazard
which immediately threatens the public health of the inhabitants of the county and its
municipalities which power and authority is governed by state law. (Ord. 2011-006, 2011)
Publisher's note: the section within Chapter 13.65 was not
enumerated in the ordinance.
Publisher's notes: Section numbers in Chapter 13.75 were
padded with a leading zero for numbering consistency. Section 13.75.080 was not
given a title in Ord. 2011-006,
2011.
Whenever the Health Officer has reason to believe that a use or condition exists
in violation of any public health rules and regulations of this title or the use or
condition may cause immediate and irreparable harm to public health or the
environment, the Health Officer may issue an administrative Health Order under
this chapter to cause:
Suspension and revocation of any permits or licenses issued pursuant to
this title.
The effect of the Health Order shall be to require the immediate cessation of
such work or activity until authorized by the Health Officer to proceed.
The Health Order shall contain:
The street address, when available, and a legal description of real
property and/or description of personal property sufficient for identification
of where the violation occurred or is located;
A statement that the Health Officer has found the person to be in violation
of public health rules and regulations with a brief and concise description
of the conditions found to be in violation;
A statement of the corrective action required to be taken, if necessary;
A statements advising that if any corrective action is not commenced or
completed within the time specified, the Health Officer will proceed to
abate the violation and cause the work to be done and charge the costs
thereof as a lien against the property and as a joint and separate personal
obligation of any person in violation;
A statement advising that the Health Order shall become final unless, no
later than ten (10) days after the Health Order is served, any person
aggrieved by the order requests in writing an appeal before the Board of
Health. (Ord. 2011-006, 2011)
The Health Order shall be served upon one or more of the following parties:
The owner or operator of the property where the violation is located;
The person in possession of the property where the violation is located; or
The person otherwise causing or responsible for the violation.
The Health Order shall be served by anyone or combination of the following
methods upon all persons identified in the Health Order:
By both first-class and certified mail with a 5-day return receipt requested
to the last known address of the person identified; or
By posting the Health Order in a prominent location on the premises in a
conspicuous manner which is reasonably likely to be discovered; or
By personal service upon the person identified.
The failure of any such person to receive such Health Order shall not affect the
validity of any proceedings taken under this chapter. Service by certified mail in
the manner provided in this section shall be effective on the third day after the
date of postmark.
It is unlawful and a violation of this title for any person, firm, or corporation found
guilty of having created or suffering to exist on premises either owned or leased
by them any violation defined herein. Owners remain liable for violations of duties
imposed by this chapter even though an obligation is also imposed on the
occupants of the premises, and even though the owner has, by agreement,
imposed on the occupant the duty of complying with this chapter.
Successive property owners are liable for abatement of violations created by
their predecessors in interest. No right can be acquired to continue a violation by
virtue of its longtime existence. It shall not be necessary to show that the owner
participated in, or was even aware of, the code violation in order to hold him/her
liable. (Ord. 2011-006, 2011)
13.75.030 Supplemental Health Order. The Health Officer may at any time add to, rescind in part, or otherwise modify a Health
Order by issuing a supplemental Health Order. The supplemental Health Order shall be
governed by the same procedures applicable to all Health Orders contained in this
chapter. (Ord. 2011-006, 2011)
Any Health Order duly issued by the Health Officer pursuant to the procedures
contained in this chapter shall become final ten (10) days after service of the
notice and order unless a written request for hearing is received by KCPHD
within the ten (10) day period.
An order which is subjected to the appeal procedure shall become final twenty
(20) days after mailing of the Board of Health's decision unless within that time
period an aggrieved person initiates review by writ of certiorari in Kittitas County
Superior Court. (Ord. 2011-006, 2011)
If, after any Health Order duly issued by the Health Officer has become final, the
person to whom such Health Order is directed fails, neglects or refuses to obey
such Health Order, the Health Officer may:
Abate the health violation using the procedures of this chapter; and/or
File in the county Auditor's Office a notice describing the property and the
violation and stating that the owner has been so notified; and/or
Pursue any other appropriate remedy at law or equity under this chapter.
Enforcement of any Health Order of the Health Officer pursuant to this chapter
shall be stayed during the pendency of any appeal under this chapter, except
when the Health Officer determines that the violation will cause immediate and
irreparable harm and so states in the notice and order issued. (Ord. 2011-006, 2011)
13.75.060 Abatement. In addition to or as an alternative to any other judicial or
administrative remedy provided in this chapter or by law or other rules and regulations,
the Health Officer may order a public health rules and regulations violation of this title to
be abated. The Health Officer may order any person who creates or maintains a
violation of this title to commence corrective work and to complete the work within such
time as the Health Officer determines reasonable under the circumstances. If the
required corrective work is not commenced or completed within the time specified, the
Health Officer may proceed to abate the violation and cause the work to be done. He or
she may charge the costs thereof as a lien against the property and as both a joint and
separate personal obligation of any person who is in violation. (Ord. 2011-006, 2011)
Any person aggrieved by a Health Order of the Health Officer may request in
writing within ten (10) days of the service of the Health Order an appeal hearing
before the Kittitas County Board of Health. The request shall be submitted to
KCPHD, and shall include:
The Health Order being appealed;
The name and address of the appellant and his or her interest(s) in the
matter;
The specific reasons why the appellant believes the decision to be wrong;
The desired outcome or changes to the decision; and
The appeals fee.
Notice of Hearing.
Not later than the 15 calendar days after the receipt of one or more timely
Notices of Appeal, KCPHD shall issue and serve a Notice of Hearing to
the appellants. Requests from multiple parties concerning the same
Health Order may be consolidated.
The Notice of Hearing shall be served by the same means as a Health
Order as detailed in Section 13.75.20 KCC.
The Notice of Hearing shall contain the date, time, and location of the
hearing.
Evidence.
Evidence, including hearsay evidence, is admissible if in the judgment of
the Board of Health it is the kind of evidence on which reasonably prudent
persons are accustomed to rely in the conduct of their affairs.
All testimony of parties and witnesses shall be made under oath or
affirmation.
Documentary evidence may be received in the form of copies or excerpts,
or by incorporation by reference.
Official notice may be taken of (a) any judicially cognizable facts, (b)
technical or scientific facts within the agency's specialized knowledge, and
(c) codes or standards that have been adopted by an agency of the United
States, of this state, or by a nationally recognized organization or
association. Parties shall be notified either before or during hearing, or by
reference in preliminary reports or otherwise, of the material so noticed
and the sources thereof, including any staff memoranda and data, and
they shall be afforded an opportunity to contest the facts and material so
noticed. A party proposing that official notice be taken may be required to
produce a copy of the material to be noticed.
Each party shall have the following rights:
To call and examine witnesses on any matter relevant to the issues of the
hearing;
To introduce document and physical evidence;
To cross-examine opposing witnesses on any matter relevant ot he issues
of the hearing;
To impeach any witness;
To rebut evidence against him;
To represent himself or be represented by an attorney of his or her own
choosing.
Hearing
The appeal hearing shall be conducted on the record and the Kittitas
County Board of Health shall have such rulemaking and other powers
necessary for conduct of the hearing .
The burden is on KCPHD to prove the alleged factual basis set forth in the
Health Order. The burden is a preponderance of the evidence.
The observation of a violation on different dates shall be prima facia
evidence that the violation continued to exist on intervening dates.
Following review of the evidence submitted, the Kittitas County Board of
Health shall make written findings and conclusions, and shall affirm or
modify the order previously issued if the Board of Health finds that a
violation has occurred. The Board of Health shall reverse the order if they
find that no violation occurred. The written decision of the Board of Health
shall be mailed by certified mail and first class mail, five day return receipt
requested, to the appealing party. (Ord. 2011-006, 2011)
13.75.080 Nothing in this Chapter shall limit the authority of the Health Officer to
enforce this Title pursuant to Chapter 13.70 KCC or any other applicable regulations. (Ord. 2011-006, 2011)
Publisher's note: Section 13.75.080 was not
given a title in Ord. 2011-006,
2011.
Whenever necessary to make an inspection to enforce or determine compliance
with the provisions of any public health rules and regulations, or whenever the
Health Officer has cause to believe that a violation of any public health rules and
regulations has been or is being committed or whenever the Health Officer has
cause to believe there is a health threat that will cause immediate and irreparable
harm to human health or the environment, the Health Officer may enter any
building, structure, property or portion thereof at reasonable times to inspect the
same.
If such building, structure, property or portion thereof is occupied, the
Health Officer shall present identification credentials, state the reason for
the inspection, and demand entry.
If such building, structure, property or portion thereof is unoccupied, the
Health Officer shall first make a reasonable effort to locate the owner or
other persons having charge or control of the building, structure, property
or portion thereof and demand entry. If the Health Officer is unable to
locate the owner or such other persons and the Health Officer has reason
to believe that conditions therewith create an immediate and irreparable
health hazard, then the Health Officer shall make entry.
Unless entry is consented to by the owner or person in control of any
building, structure, property or portion thereof or conditions are believed to
exist which create an immediate and irreparable health hazard, the Health
Officer prior to entry shall obtain a search warrant as authorized by the
laws of the state. (Ord. 2011-006, 2011)
Publisher's note: the section within Chapter 13.80 was not
enumerated in the ordinance.
Sections 13.85.010 Appeal of Administrative Determination or Decision.
13.85.010 Appeal of Administrative Determination or Decision.
Except as provided elsewhere in this Title, a party aggrieved by a determination
made by the Health Officer pursuant to this Title may appeal the decision to the
Kittitas County Hearings Examiner.
Notice of Appeal.
Within 10 working days of the final administrative decision, the aggrieved
party may submit a written Notice of Appeal to KGPHD, along with the
required appeal fee, to appeal the administrative decision.
The notice of appeal shall contain a written, concise statement identifying:
The decision being appealed;
The name and address of the appellant and his interest(s) in the
matter;
The specific reasons why the appellant believes the decision to be
wrong;
The desired outcome or changes to the decision; and
The appeals fee.
Notice of Hearing.
Not later than the 15 calendar days after the receipt of one or more timely
Notices of Appeal, KCPHD shall issue and serve a Notice of Hearing to
the appellants. Requests from multiple parties concerning the same
administrative decision may be consolidated.
The Notice of Hearing shall be served by the same means as a Health
Order as detailed in Section 13.75.020 KCC.
The Notice of Hearing shall contain the date, time, and location of the
hearing.
Hearing.
The appeal hearing shall be conducted on the record and the Hearings
Examiner shall have such rulemaking and other powers necessary for
conduct of the hearing.
Unless otherwise provided herein, the provisions of
Chapters 1.10 and
2.11 KCC shall govern the hearing process.
In all cases involving an application for license, permit, Group B water
system or Adequate Water Determination, the burden shall be on the
applicant to establish that the application meets all applicable criteria. In
all other cases the burden is on KCPHD to prove the alleged factual basis
set forth in the initiating document. The burden in all cases is a
preponderance of the evidence.
The observation of a violation on different dates shall be prima facia
evidence that the violation continued to exist on intervening dates.
Order of the Hearing Examiner.
Unless mutually agreed to by the appellant and the Hearing Examiner, the
order of the Hearing Examiner shall be served upon the person to whom it
is directed, either personally or by mailing a copy of the order to such
person at his/her last known address as determined by KCPHD.
The appellant may file a request for reconsideration of the Hearing
Examiner's decision within seven working days of the date of the Hearing
Examiner's written decision, based on anyone of the following grounds
materially affecting the substantial rights of said party or person:
Errors of procedure or misinterpretation of fact, material to the party
seeking the request for reconsideration.
Irregularity in the proceedings before the Hearing Examiner by
which such party was prevented from having a fair hearing.
Clerical mistakes in the official file or record transmitted to the
Examiner, including errors arising from inadvertence, oversight, or
omission, which may have materially affected the Examiner's
decision on the matter.
Upon receipt of a request for reconsideration, the Hearing Examiner shall
review said request in light of the record and take such further action as is
deemed proper; including, but not limited to, denying the request, granting
the request, with or without oral argument, and may render a revised
decision. The decision of the Hearing Examiner shall be subject to
reconsideration only one time, even if the Hearing Examiner reverses or
modifies the original decision.
If no written request for reconsideration has been received by the
authorized official within seven working days of service of the order of the
Hearing Examiner, the order shall be considered final unless appealed to
Kittitas Superior Court. (Ord. 2011-006, 2011)
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information and resources shown are not official. Neither Kittitas
County nor any of its agencies, officials or employees guarantees
the accuracy of any information on this web site. Reliance upon the
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entirely at your own risk. Kittitas County reserves the right to
make changes without notice. The official hard copy is available in the Commissioners' office.
