New State Requirements for On-Site Septic Systems (OSS) What are they and how do they affect Clallam County homeowners? What are the new state laws? Two new state laws are significantly changing the way OSS are managed in Clallam County. New state regulations (WAC 246-272A) require that homeowners properly maintain their OSS. At a minimum, this law requires all owners of traditional gravity OSS to have their system properly inspected at least once every 3 years. It requires owners of alternative systems (those with pumps) to be inspected every year. The County must maintain records of the inspections. These inspection requirements take effect on July 1, 2007. Another state law (Chapter 70.118A RCW) requires Clallam County to propose a Marine Recovery Area (MRA) for areas where OSS contribute to certain environmental problems, such as shellfish growing areas that are threatened or downgraded, and areas where bacteria or nitrogen are affecting water quality. Within an MRA, there are additional program requirements for Clallam County, and there may be more stringent requirements for homeowners as well. Why did the State adopt these new laws? OSS are a very effective technology to manage human waste if they are properly maintained. However, systems that are not maintained can fail causing public health problems, pollution of surface waters like rivers, lakes, and near-shore shellfish growing areas and the groundwater we drink. Having OSS inspected on a regular basis can prevent failures, preserve and enhance water quality, and keep shellfish areas and drinking water sources safe from contamination. Well-maintained OSS can also save homeowners money by preventing costly repairs. What are the homeowner s responsibilities? The State code requires OSS owners to obtain a complete evaluation of their OSS components and/or property to determine functionality, maintenance needs, and compliance with regulations and any permits. Inspections must be conducted according to the following schedule: (a) At least once every three years for all systems consisting solely of a septic tank and gravity subsurface absorption system (SSAS); (b) Annually for all other systems unless more frequent inspections are specified by the local health officer. In addition to the inspection requirements, what else do the new state laws require? The state laws also place many other requirements on Clallam County, including: Identifying areas where OSS could pose an increased public health risk;
Identifying operation, maintenance and monitoring requirements for OSS; Educating homeowners about their responsibilities under the WAC; Providing operation and maintenance information for all types of septic systems in use within the County; Encouraging homeowners to complete the required operation and maintenance activities; Ensuring compliance with new OSS requirements; Identifying all OSS within the MRA and ensuring that they are functioning properly; Developing and maintaining an inventory of all known OSS operating within the County; and Writing a plan to guide OSS management in the county. How was Clallam County s On-Site Septic System Management Plan developed? Clallam County recognized that these new laws will have a tremendous effect on homeowners and wanted to involve the public as much as possible in developing a plan to implement these new laws. The County convened a stakeholder work group to advise them. The On-Site Septic System Work Group includes representatives of a wide range of interests, including lending institutions, realtors, tribes, local citizens, city officials, state agencies, public utilities, Olympic National Park, OSS professionals, and Clallam Conservation District. The Work Group met from October 2006 through April 2007 and developed a series of recommendations to Clallam County. The Work Group provided recommendations in five general areas: OSS inspections, Marine Recovery Areas, sensitive areas, compliance, and financing. These recommendations are included in the Clallam County On-Site Septic System Management Plan. When do the new requirements take effect? The new State law and OSS regulations took effect on July 1, 2007. The On-site Septic System Management Plan was approved by the Clallam County Board of Health at a public hearing on June 19, 2007. The County is incorporating the new State requirements and OSS management plan recommendations into Clallam County Health Regulation Chapter 41.20 On-site Sewage System Rules and Regulations. Chapter 41.20, adopts by reference 246-272A WAC, the Washington State Board of Health s On-site Sewage System Code. Therefore, all requirements in the State code are also required through the Clallam County Code. This includes the requirement for homeowners to have their own OSS inspected either once every three years for conventional OSS or yearly for systems with pumps. However, Clallam County will not actively enforce the inspection requirement until there is adequate capacity in the OSS industry to meet this new demand for service. We are working with both the OSS industry and other environmental health jurisdictions in the region (i.e. Jefferson and Kitsap County) to build capacity for needed services. Active enforcement of this requirement is not anticipated for several years. 2
Are homeowners allowed to inspect their own OSS? Homeowners are allowed to perform their own OSS inspections if all of the following criteria can be met: 1. Clallam County has an existing record (permit, sanitary survey, as-built record drawing) of the OSS. 2. The OSS owner has successfully completed a County-approved OSS inspection training and certification program. 3. If you live between the east county line and Bagley Creek, your first OSS inspection must be done by a professional (see the MRA information below). Homeowners must submit a report of their inspection activities to the County within 30 days of the OSS inspection and must also ensure that needed maintenance service or repairs to the OSS are accomplished. What happens if the County does not have a record of my OSS? When the County has no records (permit, sanitary survey, as-built record drawing) for a homeowners OSS, they will be required to get a professional OSS inspection before they can begin conducting their own inspections. How do I get trained to inspect my own OSS? Currently, Clallam County does not offer a homeowner do-it-yourself (DIY) inspection training class. We are working to get funding and capacity to offer the class either through the County, an OSS industry professional organization, or other public or private entity. If a homeowner wishes to receive training now, we will accept a training certification from the Washington On-site Sewage Association. Contact the Environmental Health Division for more information at 360-417-2332. If I attend a Septics 101 class, am I qualified to inspect my own system? We encourage all OSS owners to attend our Septics 101 classes to learn basic information about how a septic systems works. However, attending a Septics 101 class does not qualify a homeowner to perform OSS inspections. The DIY inspection training program will provide more detailed and focused instruction than Septics 101. Will the training requirements for DIY inspections be the same for conventional gravity OSS and OSS with pumps? Training programs and homeowner certification will be tailored to the type of OSS to be inspected. That means that the kind of training for a conventional system will be simpler than training to inspect a system with a pump. 3
Will the DIY training qualify homeowners to inspect their neighbor s OSS? At this time, homeowners who successfully complete the County-approved training will be certified to inspect their OSS only. However, the County may reconsider this issue in the future. What are the inspection requirements for commercial and community OSS? The revised Clallam County Code requires annual professional inspections of commercial and community OSS under the County s jurisdiction (e.g., for some businesses, mobile home parks, and other group systems; large OSS are regulated by Washington State). The State OSS code requires annual OSS inspections for food service establishments. In some cases, owners of these systems may work with the Environmental Health Division to receive training to inspect their own OSS. On a case-by-case basis, the County may permit OSS owners with appropriate training to inspect their commercial or community systems. I am selling my home. Does the County require that I get the septic system inspected? The State sewage codes requires that at the time of property transfer the owner provide to the buyer all maintenance records and a completed disclosure statement in accordance with Chapter 64.06 RCW. By June 2010, Clallam County will require that a record of a recent professional OSS inspection (no greater than 365 days since the inspection was performed) be included as part of the disclosure documents. What is the Marine Recovery Area? The Marine Recovery Area is a management area established to protect sensitive marine waters from pollution from poorly functioning or failing OSS Why was it formed? State law requires Puget Sound Counties to designate Marine Recovery Areas where OSS contribute to certain environmental problems, such as shellfish growing areas that are threatened or downgraded, and areas where bacteria or nitrogen are affecting water quality. Clallam County created the Sequim-Dungeness Clean Water District in 2001 in response to shellfish closures in Dungeness Bay and other water quality problems. The Clean Water District was formed to address issues such as insufficient OSS monitoring. Therefore, the County established the Marine Recovery Area to include virtually the same land area as the Clean Water District. Where is it located? The Marine Recovery Area is located in eastern Clallam County. It encompasses the Dungeness Watershed and those waters influenced by it through the irrigation system, and other independent tributaries to the Strait of Juan de Fuca. The Marine Recovery Area extends from Bagley Creek east to, and including, the Sequim Bay Watershed and the Miller Peninsula, and from the Strait of Juan de Fuca south to the county line. 4
How does living in the MRA affect me? OSS owners in the Marine Recover Area must first have their systems inspected by a professional, even if there is an OSS permit or other record on file; after the initial inspection, homeowners who have received proper training will be allowed to inspect their own OSS if they so choose. Who can I hire to inspect my OSS? At this time, OSS designers, professional engineers experienced in OSS technology, and sewage system maintenance providers may perform regular inspections of residential, community, and commercial OSS and inspections at the time of property transfer. Designers and professional engineers must be licensed by Washington State. The County will develop a licensing program for maintenance providers. Only State-licensed designers and engineers with OSS experience (or the Local Health Officer) may inspect OSS for land use or other government actions 1, including issuing Food Service Establishment Operating Permits. Septic tank pumpers and homeowners who are certified by Clallam County to inspect their own OSS are not qualified to perform professional OSS inspections, unless they attain a sewage system maintenance provider license from the County. Contact the Environmental Health Division at 360-417-2332 for a list of licensed OSS designers who work in Clallam County. 1 Examples of governmental actions are those activities where Clallam County issues or denies permits, grant official approvals or denials, sanctions, or are enforcement actions. Date 11.6.07 5