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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 13.09.010 Authority of the Public Health Administrator. 13.09.020 Cost Estimates and Construction Bonds. 13.09.030 Effective Date. 13.09.040 Severability.
13.09.010 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. (Ord. 2008-05, 2008)
13.09.020 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)
13.09.030 Effective Date. This chapter shall take effect at 12:01 a.m., January 18, 2008. (Ord. 2008-05, 2008)
13.09.040 Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provisions to other persons or circumstances is not affected. (Ord. 2008-05, 2008)
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).
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