(1) 
The health officer:
(a) 
Shall apply this chapter to OSS treating sewage and dispersing effluent from residential sources with design flows up to 3,500 gallons per day;
(b) 
May apply this chapter to OSS for nonresidential sources of sewage if treatment, siting, design, installation, and operation and maintenance measures provide treatment and effluent dispersal equal to that required of residential sources;
(c) 
May not apply this chapter to industrial wastewater.
(2) 
A valid sewage system design approval or installation permit issued prior to the effective date of these regulations:
(a) 
Shall be acted upon in accordance with regulations in force at the time of issuance;
(b) 
Shall have a maximum validity period of two years from the date of issuance or remain valid for an additional year beyond the effective date of these regulations, whichever assures the most lenient expiration date; and
(c) 
May be modified to include additional requirements if the health officer determines that a serious threat to public health exists.
(3) 
This chapter does not apply to facilities regulated as reclaimed water use under Chapter 90.46 RCW.
(Ord. 1366, 2025)
(1) 
When considering whether this chapter may be applied to new, repaired, replaced, or existing OSS for residential or nonresidential sources of sewage consisting at least in part of marijuana wastes regulated by Chapter 314-55 WAC, now or as hereafter amended or supplemented, the health officer shall determine whether the treatment, siting, design, installation, operation, and maintenance measures necessary for public health are comparable to those to which this chapter are applied for nonmarijuana wastes. The determination may include testing of the inflow or outflow, inspection, and/or other measures designed to determine whether the presence of marijuana wastes should be regulated under this chapter versus as industrial wastewater.
(2) 
If the health officer determines that OSS subject to subsection (1) of this section is comparable to OSS for nonmarijuana waste regulated under this chapter, this chapter shall apply in the same manner as it does to OSS for nonmarijuana waste, except where marijuana-specific environmental or regulatory factors dictate otherwise.
(3) 
If the health officer determines that OSS subject to subsection (1) of this section is not comparable to OSS for nonmarijuana waste regulated under this chapter, this chapter shall not apply. Rather, the rules governing underground injection control wells from Chapter 173-218 WAC, now or as hereafter amended, shall apply, and dangerous waste regulations under Chapter 173-303 WAC may also apply. For such OSS, the Washington Department of Ecology shall enforce the applicable regulations. If the Washington Department of Ecology determines that the OSS is exempt from its regulations, however, this chapter shall apply.
(4) 
The manner in which OSS are to be utilized for residential or nonresidential sources of sewage consisting at least in part of marijuana wastes regulated by Chapter 314-55 WAC, now or as hereafter amended or supplemented, shall be conformed to this chapter in the approved operating plan required by LCC § 5.20.030 or separately if no approved operating plan is required. For OSS under subsection (3) of this section, the health officer shall notify the Washington Department of Ecology to enable it to approve or disapprove of any OSS specified or required in the operating plan.
(Ord. 1366, 2025)
(1) 
Upon the failure of an existing OSS within the service area of a sewer utility, the local health officer shall:
(a) 
Permit the repair or replacement of the OSS only if a conforming OSS can be designated and installed, excluding OSS designed in compliance with or proposing to use Table X in WAC 246-272A-0280; or
(b) 
Require connection to public sewer system if the sewer utility allows the connection and has adequate public sewer services available within 200 feet from where the existing building drain connects to the existing building sewer, or where no building drain exists, within 200 feet from where the sewer line begins, as measured along the usual or most feasible route of access.
(2) 
The owner of a structure served by an OSS permitted as a repair under Table X in WAC 246-272A-280 shall abandon the OSS as specified in WAC 246-272A-0300, and connect the structure to a public sewer system when:
(a) 
Connection is deemed necessary to protect public health by the health officer;
(b) 
An adequate public sewer becomes available within 200 feet of the existing structure, or in cases where no building drain exists, within 200 feet from where the sewer for the building begins, as measured along the usual or most economically feasible route of access; and
(c) 
The sewer utility allows the sewer connection.
(3) 
Local boards of health may require a new development to connect to a public sewer system to protect public health.
(4) 
Local boards of health shall require new development or a development with a failing OSS to connect to a public sewer system if it is required by the comprehensive land use plan or development regulations.
(Ord. 1366, 2025)