Article IV Specific Requirements

Name and address of the property owner and the applicant at the head of each page of the submission;

Parcel number and, if available, the address of the site;

Source of drinking water supply;

Identification if the property is within the boundaries of a recognized sewer utility;

Size of the parcel;

Type of permit for which application is being made. For example, new installation, repair, expansion, modification, or operational;

Source of sewage. For example, residence, restaurant, or other type of business;

Location of utilities;

(ix)

Name of the site evaluator;

Name, signature and stamp of the designer;

(xi)

Date of application; and

(xii)

Name and signature of the fee simple owner, the contract purchaser of the property or the owner's authorized agent.

The soil and site evaluation as specified under WAC 246-272A-0220.

A dimensioned site plan of the proposed initial OSS, the reserve area and those areas immediately adjacent that contain characteristics impacting design, including:

Designated areas for the proposed initial OSS and the reserve area;

The location of all soil logs and other soil tests for the OSS;

General topography and slope;

Drainage characteristics;

Horizontal separations as noted in Table IV in WAC 246-272A-0210;

The location of existing and proposed encumbrances affecting OSS placement, including legal access documents if any component of the OSS is not on the lot where the sewage is generated;

An arrow indicating north;

A legend of symbols used;

(ix)

Plan scale and a graphic scale bar;

Vertical datum used (such as "assumed," "North American Vertical Datus of 1988 (NAVD 88)," "National Shoreline Reference Station (NSRS)," or "unknown");

(xi)

An elevation benchmark and relative elevations of system components;

(xii)

Name, signature, stamp, and contact information of the designer; and

(xiii)

A statement on limitation of use indicating the site plan is not a survey.

A detailed OSS design meeting the requirements under WAC 246-272A-0230, 246-272A-0232, 246-272A-0234, and 246-272A-0238, including:

A drawing showing the dimensioned location of components of the proposed OSS, and the system designed for the reserve area if reserve site characteristics differ significantly from the initial area;

Vertical cross-section drawings showing:

The depth of the soil dispersal component, the vertical separation, and depth of cover material; and

Other new OSS components constructed at the site;

Calculations and assumptions supporting the proposed design, including:

System operating capacity and design flow;

Soil type;

Hydraulic loading rate in the soil dispersal component; and

A statement indicating if there are wet weather or soil moisture restrictions and how they will be addressed.

Any additional information as deemed necessary by the health officer.

The health officer may develop the information required in subsection (2) of this section if authorized by local rules.

The health officer shall:

Respond to an application within 30 days as required in RCW 70.05.074;

Permit only public domain treatment technologies that are described in this chapter or in a current DS&G;

Permit only proprietary products that are registered by the department;

Issue a permit when the information submitted under subsection (2) of this section meets the requirements contained in this chapter and in local rules;

Identify the permit as a new installation, repair, expansion, modification, or operational permit;

Specify the expiration date on the permit. Permits shall be valid for a period of two years from the date of original issue and may be extended for a period not to exceed one year. Incomplete applications or applications that have not resulted in permit issuance and are therefore considered inactive by the health officer shall expire one year from the date of application. Fees or partial fees for incomplete or expired permits shall not be refunded, unless the health officer determines there are mitigating circumstances;

Include a reminder on the permit application of the applicant's right of appeal; and

If requiring an operational permit, state the period of validity and the date and conditions of renewal including any required field compliance.

The health officer may revoke or deny a permit for just cause. Examples include, but are not limited to:

Construction or continued use of an OSS that threatens the public health;

Misrepresentation or concealment of material fact in information submitted to the health officer; or

Noncompliance with the conditions of the permit, this chapter or any local rules.

An applicant for a permit to install an OSS serving more than one development must submit an application that proves the OSS:

Is owned or managed in perpetuity by a public entity;

Is described in a separate writing including, but not limited to, an easement, covenant, contract, or other legal document authorizing access for construction, operation, maintenance, and repair; and

If owned privately, is adequately financed.

The health officer shall not delegate the authority to issue permits.

(8)

The health officer may stipulate additional requirements for a particular permit if necessary to protect public health.

(Ord. 1366, 2025)

§ 8.40.150 Location.

OSS must be designed and installed to meet at least the minimum horizontal separations shown in Table IV.

When conditions indicate a greater potential for contamination or pollution, the health officer may increase the minimum horizontal separations. Examples of such conditions include, but are not limited to, excessively permeable soils, unconfined aquifers, shallow or saturated soils, dug wells, and improperly abandoned wells.

The health officer may allow a reduced horizontal separation to not less than two feet from where the property line, easement line or building foundation is up-gradient.

The local health officer may require an applicant to demonstrate the OSS meets subsection (4)(a), (4)(b), or (4)(c) of this section when determining if a horizontal separation to a minimum of 75 feet between an OSS dispersal component and a water well, spring, or surface water that is not a public water is allowed:

Adequate protective site-specific conditions, such as physical settings with low hydrogeologic susceptibility from contaminant infiltration. Examples of such conditions include evidence of confining layers, an aquitard that separates potable water from the OSS treatment zone, excessive depth to ground water, down-gradient contaminant source, or outside the zone of influence; or

Design and proper operation of an OSS with enhanced treatment performance beyond that accomplished by meeting the vertical separation and effluent distribution requirements described in Table VI and WAC 246-272A-0230; or

Evidence the OSS satisfies the requirements of subsections (4)(a) and (4)(b) of this section.

TABLE IV Minimum Horizontal Separations
Items requiring setback	From edge of soil dispersal component and reserve area	From sewage tank and distribution box	From building sewer and non-perforated distribution pipe
Well	100 ft.	50 ft.	50 ft.
Public drinking water well	100 ft.	100 ft.	100 ft.
Nonpublic drinking water well	100 ft.	50 ft.	50 ft.
Public drinking water spring or surface water measured from the ordinary high water mark	200 ft.	200 ft.	100 ft.
Nonpublic drinking water or surface water measured from the ordinary high water mark¹	100 ft.	50 ft.	50 ft.
Nonpublic, in-ground, drinking water containment vessel³	20 ft.	10 ft.	10 ft.
Pressurized water supply line or easement for water supply line	10 ft.	10 ft.	10 ft.
Closed geothermal loop⁴ or pressurized nonpotable water line	10 ft.	10 ft.	10 ft.
Decommissioned well (decommissioned in accordance with Chapter 173-160 WAC)	10 ft.	N/A	N/A
Surface water measured from the ordinary high water mark	100 ft.	50 ft.	10 ft.
Building foundation/in-ground swimming pool	10 ft.	5 ft.	2 ft.
Property or easement line	5 ft.	5 ft.	N/A
Lined⁵ stormwater detention pond⁶
Down-gradient⁷	30 ft.	N/A	N/A
Up-gradient⁷	10 ft.	N/A	N/A
Unlined⁸ stormwater infiltration pond⁶ (up- or down-gradient)⁷	100 ft.	50 ft.	10 ft.
Irrigation canal or irrigation pond (up- or down-gradient)	100 ft.	50 ft.	10 ft.
Interceptor/curtain drains/foundation drains/drainage ditches
Down-gradient²	30 ft.	5 ft.	N/A
Up-gradient²	10 ft.	N/A	N/A
Subsurface stormwater infiltration or dispersion component⁶
Down-gradient⁷	30 ft.	10 ft.	N/A
Up-gradient⁷	30 ft.	10 ft.	N/A
Other site features that may allow effluent to surface
Down-gradient²	30 ft.	5 ft.	N/A
Up-gradient²	10 ft.	N/A	N/A
Down-gradient cuts or banks with at least five feet of original, undisturbed soil above a restrictive layer due to a structural or textural change	25 ft.	N/A	N/A
Down-gradient cuts or banks with less than five feet of original, undisturbed soil above a restrictive layer due to a structural or textural change	50 ft.	N/A	N/A
Soil dispersal components serving a separate OSS	10 ft.	N/A	N/A

¹If surface water is used as a public drinking water supply, the designer shall locate the OSS outside of the required source water protection area.

² The item is down-gradient when liquid will flow toward it upon encountering a water table or a restrictive layer. The item is up-gradient when liquid will flow away from it upon encountering a water table or restrictive layer.

³ Any in-ground containment vessel used to store drinking water.

⁴ A network of underground piping carrying fluid under pressure used to heat and cool a structure.

⁵ "Lined" means any component that has the intended function of detaining the stormwater with no intention of dispersal into surrounding soil.

⁶ OSS components take precedence in cases of horizontal setback conflicts between OSS and stormwater components.

⁷ "Down-gradient" means that subsurface water flows toward and is usually located lower in elevation. "Up-gradient" means subsurface water does not flow toward and generally flat, or flows away from and generally located higher in elevation.

⁸ "Unlined" means any component that has the ability to or intended function of infiltrating the stormwater.

Persons shall design or install a soil dispersal component only if:

The slope is less than 45 percent (24 degrees);

The area is not subject to:

Encroachment by buildings or construction such as placement of power poles and underground utilities;

Cover by impervious material;

Vehicular traffic; or

Other activities adversely affecting the soil or the performance of the OSS;

Sufficient reserve area for replacement exists to treat and dispose 100 percent of the design flow;

The land is stable; and

Surface drainage is directed away from the site.

The health officer may approve a sewer transport line within 10 feet of a water supply line if the sewer line is constructed in accordance with Section C1-9.1 of the Department of Ecology's "Criteria for Sewage Works Design," December 2008.

(Ord. 1366, 2025)

§ 8.40.160 Soil and site evaluation.

Only professional engineers, designers, or the health officer may perform soil and site evaluations. Soil scientists may only perform soil evaluations.

The person evaluating the soil and site shall:

Report:

A sufficient number of soil logs to evaluate conditions within:

The initial soil dispersal component; and

The reserve area;

The ground water conditions, the date of the observation, and the probable maximum height;

The topography of the proposed initial OSS, the reserve area, and those areas immediately adjacent that contain characteristics impacting the design;

The drainage characteristics of the proposed initial OSS, the reserve area and those areas immediately adjacent that contain characteristics impacting the design;

The existence of structurally deficient soils subject to major wind or water erosion events such as slide zones and dunes;

The existence of designated floodplains;

Other areas identified in the local management plan required in WAC 246-272A-0015;

The location of existing features affecting OSS placement, such as, but not limited to:

Wells;

Water sources and supply lines;

Surface water and stormwater infiltration areas;

Abandoned wells;

(E)

Outcrops of bedrock and restrictive layers;

(F)

Buildings;

(G)

Property lines and lines of easement;

(H)

Interceptors such as footing drains, curtain drains, and drainage ditches;

(I)

Cuts, banks, and fills;

(J)

Driveways and parking areas;

(K)

Existing OSS; and

(L)

Underground utilities;

Use the soil and site evaluation procedures and terminology in accordance with Chapter 5 of the On-site Wastewater Treatment Systems Manual, EPA 625/R-00/008, February 2002, except where modified by, or in conflict with, this chapter;

Use the soil names and particle size limits of the United States Department of Agriculture Natural Resources Conservation Service classification system;

Determine texture, structure, compaction and other soil characteristics that affect the treatment and water movement potential of the soil by using normal field or laboratory procedures such as particle size analysis; and

Classify the soil as in Table V.

The owner of the property or the owner's agent shall:

Prepare the soil log excavation to:

Allow examination of the soil profile in its original position by:

Excavating pits of sufficient dimensions to enable observation of soil characteristics by visual and tactile means to a depth three feet deeper than the anticipated infiltrative surface at the bottom of the soil dispersal component; or

Stopping at a shallower depth if a water table or restrictive layer is encountered;

Allow determination of the soil's texture, structure, color, bulk density or compaction, water absorption capabilities or permeability, and elevation of the highest seasonal water table; and

Assume responsibility for constructing and maintaining the soil log excavation in a manner to prevent injury as required by Chapter 296-155 WAC.

TABLE V Soil Type Descriptions
Soil Type	Soil Textural Classifications
1	Gravelly and very gravelly coarse sands, all extremely gravelly soils, excluding those with soil types 5 and 6 as the nongravel portion, and all soil types with greater than or equal to 90% rock fragments.
2	Coarse sands.
3	Medium sands, loamy coarse sands, loamy medium sands.
4	Fine sands, loamy fine sands, sandy loams, loams.
5	Very fine sands, loamy very fine sands; or silt loams, sandy clay loams, clay loams and silty clay loams with a moderate or strong structure (excluding a platy structure).
6	Other silt loams, sandy clay loams, clay loams, silty clay loams.
7 Unsuitable for treatment or disposal	Sandy clay, clay, silty clay, strongly cemented or firm soils, soil with a moderate or strong platy structure, any soil with a massive structure, any soil with appreciable amounts of expanding clays.

The health officer:

Shall render a decision on the height of the water table within 12 months of receiving the application under precipitation conditions typical for the region;

May require water table measurements to be recorded during months of probable high water table conditions, if insufficient information is available to determine the highest seasonal water table;

May require any other soil and site information affecting location, design, or installation;

May reduce the required number of soil logs for OSS serving a single-family residence if adequate soils information has previously been developed.

§ 8.40.170 Design requirements - General.

May require another site and soil evaluation if the site has been altered since the initial site and soil evaluation was submitted to the local health officer.

(Ord. 1366, 2025)

OSS must only be designed by professional engineer, licensed under Chapter 18.43 RCW, or OSS designer, licensed under Chapter 18.210 RCW.

The designer shall use the following criteria when developing a design for an OSS:

All sewage from the building served is directed to the OSS;

Sewage tanks are in compliance with Chapter 246-272C WAC;

Drainage from the surface, footing drains, roof drains, subsurface stormwater infiltration systems, and other nonsewage drains is prevented from entering the OSS, the area where the OSS is located, and the reserve area;

The OSS is designed to treat and disperse the sewage volume as follows:

For single-family residences:

The operating capacity is based on 45 gpd per capita with two people per bedroom;

The minimum design flow per bedroom per day is the operating capacity of 90 gallons multiplied by 1.33 to account for a 33 percent surge capacity. This results in a minimum design flow of 120 gallons per bedroom per day;

The health officer may require a factor greater than 33 percent to account for surge capacity;

The minimum design flow of the OSS is 240 gpd; and

(E)

The health officer may require an increase of the design flow for dwellings with anticipated greater flows, such as larger dwellings; or

ii.

For single-family residences with one additional dwelling served by the same OSS:

All requirements in subsection (2)(d)(i) of this section apply;

The minimum design flow for one additional dwelling is 120 gallons per bedroom; and

The local health officer may require an increase of the design flow for dwellings with anticipated greater flows; or

iii.

For three or more dwellings served by the same OSS;

All requirements in subsection (2)(d)(i) of this section apply;

The minimum design flow for the first dwelling is 240 gallons per day;

The minimum design flow for each additional dwelling is 120 gallons per bedroom;

The local health officer may require an increase of the design flow for dwellings with anticipated greater flows; and

(E)

The local health officer shall require documentation including, but not limited to, an easement, covenant, contract, or other legal document authorizing access for construction, operation maintenance, and repair; or

iv.

For other facilities, the design flows noted in "On-site Wastewater Treatment Systems Manual," USEPA, EPA-625/R-00/008, February 2002 must be used. Sewage flows from other sources of information may be used in determining system design flows if they incorporate both an operating capacity and a surge capacity;

The OSS is designed to address sewage quality as follows:

For all systems, the designer shall consider:

CBOD₅, TSS, and O&G;

Other parameters that can adversely affect treatment component anywhere along the treatment sequence. Examples include pH, temperature and dissolved oxygen;

The sensitivity of the site where the OSS will be installed. Examples include areas where fecal coliform constituents can result in public health concerns, such as shellfish growing areas, designated swimming areas, and other areas identified by the local management plan required in WAC 246-272A-0015; and

Nitrogen Contributions. Where nitrogen has been identified as a contaminant of concern by the local management plan required in WAC 246-272A-0015, it must be addressed through lot size, treatment, or both.

For OSS treating sewage from a nonresidential source, the designer shall provide the following information showing:

The sewage is not industrial wastewater;

The sewage effluent quality and identifying chemicals found in the sewage effluent are not found in sewage effluent from a residential source; and

A site-specific design providing the necessary treatment equaling required treatment of sewage effluent quality from a residential source;

The vertical separation used to establish the treatment levels and application rates. The selected vertical separation must be used consistently throughout the design process; and

Trench depths less than or equal to 11 inches: submit a topographical analysis demonstrating that the proposed trench depth is suitable for the site's conditions, accounting for slope and uneven topography. Designs that fail to account for topographical features may be rejected;

Treatment Levels.

Requirements for matching treatment component and method of distribution with soil conditions of the soil dispersal component are listed in Table VI of this section. The treatment levels correspond with those established for treatment components under the product performance testing requirements in Table III of WAC 246-272A-0110. The method of distribution applies to the soil dispersal component.

Table VI Treatment Component Performance Levels and Method of Distribution¹
Vertical Separation in Inches	Soil Type
Vertical Separation in Inches	1	2	3 - 6
12 < 18	A and BL1- pressure with timed dosing	B and BL2 - pressure with timed dosing	B and BL2 - pressure with timed dosing
≥ 18 < 24	B and BL2 - pressure with timed dosing	C and BL3 - pressure with timed dosing	C and BL3 - pressure with timed dosing
≥ 24 < 36	B and BL2 - pressure with timed dosing	C and BL3 - pressure	E - pressure
≥ 36 < 60	B and BL2 - pressure with timed dosing	E - pressure	E - gravity
≥ 60	C and BL2 - pressure	E - gravity	E - gravity

¹The treatment component performance levels correspond with those established for treatment components under the product testing requirements in WAC 246-272A-0110.

Disinfection may not be:

To achieve BL1 or BL2 in type 1 soils; or

BL3.

The coarsest textured soil within the vertical separation selected by the designer determines the minimum treatment level and method of distribution.

The health officer shall not approve designs for:

Cesspools; or

Seepage pits.

§ 8.40.180 Design requirements - Septic tank sizing.

The health officer may approve a design for the reserve area different from the design approved for the initial OSS, if both designs meet the requirements of this chapter for new construction.

(Ord. 1366, 2025)

Septic tanks must:

Have at least two compartments with the first compartment liquid volume equal to one-half to two-thirds of the total liquid volume. This standard may be met by one tank with two compartments or by two single compartment tanks in series.

Have the following minimum liquid volumes:

For a single-family residence use Table VII:

TABLE VII Required Minimum Liquid Volumes of Septic Tanks
Number of bedrooms	Required minimum liquid tank volume in gallons
≤ 4	1,000
Each additional bedroom	250

For OSS treating sewage from a residential source, other than one single-family residence, 250 gallons per bedroom with a minimum of 1,000 gallons;

For OSS treating sewage from a nonresidential source, three times the design flow.

§ 8.40.185 Design requirements - Pump chambers.

Comply with Chapter 246-272C WAC.

(Ord. 1366, 2025)

All pump chambers, except pump basins, must be designed to meet the minimum requirements:

Have a minimum volume of 1,000 gallons;

Provide an internal volume to account for the design flow, full-time pump submergence, space for sludge accumulation below the pump inlet and emergency storage volume of at least 75 percent of the design flow;

Follow any applicable DS&G or proprietary product design manual for all OSS components included in the pump chamber; and

Comply with Chapter 246-272C WAC.

§ 8.40.190 Design requirements - Soil dispersal components.

For the purposes of this section, "pump basin" means a watertight receptacle that contains a pump to convey sewage from a limited use area that is separate from the main wastewater sewer pipe leaving the structure, to the main chamber and separate from the main sewer pipe due to elevation restrictions. Pump basins are located for limited, specialized uses, and not included as a replacement or substitute for a pump chamber. Pump basins must be in compliance with Chapter 246-272C WAC.

(Ord. 1366, 2025)

All soil dispersal components, except one using a subsurface dripline product, must be designed to meet the following requirements:

Maximum hydraulic loading rates described in Table VIII.

Calculation of the absorption area is based on:

The design flow in WAC 246-272A-0230(2); and

Loading rates equal to or less than those in Table VIII of this section as applied to the infiltrative surface of the soil dispersal component or the finest textured soil within the vertical separation selected by the designer, whichever has the finest texture.

Requirements for the method of distribution must correspond to those in WAC 246-272A-230, Table VI.

Soil dispersal components having daily design flow between 1,000 and 3,500 gallons of sewage per day must:

Only be located in soil types 1-5;

Only be located on slopes of less than 30 percent, or 17 degrees; and

Have pressure distribution including time dosing.

TABLE VIII Maximum Hydraulic Loading Rate
		Column A	Column B
Soil Type	Soil Textural Classification Description	Loading Rate for Residential Septic Tank Effluent Using Gravity or Pressure Distributions (gal./sq. ft./day)	Loading Rate for Residential Effluent Meeting Treatment Level C and BL3 or Higher Effluent Quality Using Pressure Distribution (gal./sq. ft./day)
1	Gravelly and very gravelly coarse sands, all extremely gravelly soils excluding soil types 5 and 6, all soil types with greater than or equal to 90% rock fragments.	1.0	1.2
2	Coarse sands.	1.0	1.2
3	Medium sands, loamy coarse sands, loamy medium sands.	0.8	1.0
4	Fine sands, loamy fine sands, sandy loams, loams.	0.6	0.8
5	Very fine sands, loamy very fine sands; or silt loams, sandy clay loams, clay loams and silty clay loams with a moderate or strong structure (excluding a platy structure).	0.4	0.56
6	Other silt loams, sandy clay loams, clay loams, silty clay loams.	0.2	0.2
7	Sandy clay, clay, silty clay, strongly cemented firm soils, soil with a moderate or strong platy structure, any soil with a massive structure, any soil with appreciable amounts of expanding clays.	Unsuitable	Unsuitable

The local health officer may allow the maximum hydraulic loading rates in Table VIII of this section. Loading rates identified in Column B must not be combined with any dispersal component size reductions.

All soil dispersal components using a subsurface dripline product must be designed to meet the following requirements:

The absorption area calculation is based on:

The design flow in WAC 246-272A-0230(2); and

Loading rates dependent on the soil type, other soil and site characteristics, and the spacing of dripline and emitters as directed in Table VIII of this section;

A minimum installation of six inches into original, undisturbed soil;

Timed dosing; and

Daily design flows greater than 1,000 gallons of sewage per day:

Located only in soil types 1 to 5;

Located only on slopes of less than 30 percent, or 17 degrees.

All SSAS must meet the following requirements:

The infiltrative surface may not be deeper than three feet below the finished grade, except under special conditions approved by the health officer. The depth of such system must not exceed 10 feet from the finished grade;

A minimum of six inches of sidewall must be located in suitable soil;

Beds are only designed in soil types 1, 2, 3 or in fine sands with a width not exceeding 10 feet. Gravity beds must have a minimum of one lateral for every three feet in width;

Individual laterals greater than 100 feet in length must use pressure distribution;

A layer of between six and 24 inches of cover material; and

Other features must conform with the "On-Site Wastewater Treatment Systems Manual," United States Environmental Protection Agency, EPA-625/R-00/008, February 2002, except where modified by or in conflict with this section or local rules.

SSAS with drainrock and distribution pipe must meet the following requirements:

A minimum of two inches of drainrock above the distribution pipe;

A minimum of six inches of drainrock below the distribution pipe; and

Location of the sidewall below the invert of the distribution pipe in original undisturbed soil.

The health officer may allow the infiltrative surface area in a SSAS to include six inches of the SSAS sidewall height when meeting the required absorption area where total recharge by annual precipitation and irrigation is less than 12 inches per year.

The health officer may permit OSS consisting of septic tanks and a gravity SSAS in soil type 1 if all the following criteria are met:

The OSS serves a single-family residence;

The lot size is two and one-half acres or larger;

Annual precipitation in the region is less than 25 inches per year from a reputable source approved by the local health officer;

The OSS is located outside the 12 counties bordering Puget Sound; and

§ 8.40.200 Design requirements - Facilitate operation, monitoring and maintenance.

The geologic conditions beneath the dispersal component must satisfy the minimum unsaturated depth requirements to ground water as determined by the health officer. The method for determination is described by "Design Guideline for Gravity Systems in Soil Type 1," 2017 (available upon request to the department).

(8)

Both the primary and reserve areas must be sized to at least 100 percent of the approved loading rates. The local health officer may require the sizing of the reserve area using the loading rate in Table VIII of this section. Column A must be used when sizing the primary area using Column B.

(Ord. 1366, 2025)

The OSS must be designed to facilitate routine operation, monitoring and maintenance according to the following criteria:

For gravity OSS:

Septic tank access for maintenance and inspection at finished grade is required. The health officer may allow access for maintenance and inspection of a sewage system to be a maximum of six inches below finished grade, provided a marker showing the location of the tank access is installed at finished grade.

Each SSAS lateral must include at least one observation port installed in a representative location in order to facilitate SSAS monitoring.

For all other OSS, service access and monitoring ports at finished grade are required for all system components. Specific component requirements include:

Septic tanks must have service access maintenance holes (formerly manholes) and monitoring ports for the inlet and outlet;

Surge, flow equalization or other sewage tanks must have service access maintenance holes;

Other pretreatment units such as aerobic treatment units and packed-bed filters must have service access maintenance holes and monitoring ports;

Pump chambers, tanks and vaults must have service access maintenance holes;

Disinfection units must have service access and be installed to facilitate complete maintenance and cleaning, including an easy-access, free-fall sampling port; and

Soil dispersal components, excluding subsurface drip, must have monitoring ports for both distribution devices and the infiltrative surface.

For systems using pumps, clearly accessible controls and warning devices are required including:

Process controls such as floats, pressure-activated pump on/off switches, and pump-run timers;

Diagnostic tools including dose cycle counters and hour meters on the sewage stream, or flow meters on either the water supply or sewage stream; and

Audible and visual alarms designed to alert a resident of a malfunction. The alarm must be placed on a circuit independent of the pump circuit.

§ 8.40.210 Holding tank sewage systems.

All accesses must be designed to allow for monitoring and maintenance and shall be secured to minimize injury or unauthorized access in a manner approved by the health officer.

(Ord. 1366, 2025)

A person may not install or use holding tank sewage systems for residential development or expansion of residences, whether seasonal or year-round, except as set forth under subsection (2) of this section.

The health officer may approve installation of holding tank sewage systems only:

For permanent uses limited to controlled, part-time, commercial usage situations, such as recreational vehicle parks and trailer dump stations;

For interim uses limited to handling of emergency situations; or

For repairs as permitted under WAC 246-272A-0280(1)(c)(i).

A person proposing to use a holding tank sewage system shall:

Follow design criteria established by the department;

Submit a management program to the health officer ensuring ongoing operation, monitoring and maintenance before the health officer issues the installation permit; and

Use a holding tank reviewed and approved by the health officer.

(Ord. 1366, 2025)

§ 8.40.220 Installation.

Only installers may construct OSS, except as noted under subsections (2) and (3) of this section.

The local health officer may allow the resident owner of a single-family residence to install the OSS for that single-family residence except when:

The primary and reserve areas are within 200 feet of marine water;

The primary and reserve areas are within 100 feet of surface water;

The installation permit meets Table X standards in WAC 246-272A-0280.

The health officer may allow the resident owner of a single-family residence to install the OSS for that single-family residence. The health officer may require demonstration of competency, including, but not limited to, passing the installer's examination, prior to approving resident owner installation of systems other than standard septic tank and gravity SSAS.

The installer described by subsections (1) through (3) of this section shall:

Follow the approved design;

Have the approved design and Lewis County-issued septic permit in possession during installation;

Make no changes to the approved design without the prior authorization of the designer and the health officer;

Only install sewage tanks approved by the department consistent with Chapter 246-272C WAC;

Be on the site at all times during the excavation and construction of the OSS;

Install the OSS to be watertight, except for the soil dispersal component;

Cover the installation only after the health officer has given approval to cover; and

Backfill with six to 24 inches of cover material and grade the site to prevent surface water from accumulating over any component of the OSS.

(Ord. 1366, 2025)

§ 8.40.230 Inspection.

For all activities requiring a permit, the health officer shall inspect the OSS. The local health officer shall:

Visit the OSS site during the site evaluation, construction, or final construction inspection;

Either inspect the OSS before cover or allow the designer of the OSS to perform the inspection before cover if the designer is not also named as installer of the system; and

Keep the record drawings on file, with the approved design documents.

Prior to any inspection, the local health officer or inspector authorized by the local health officer shall coordinate with the OSS owner to obtain access. When the owner does not authorize access, the local health officer may follow the administrative search warrant procedures in RCW 70A.105.030 to gain access.

For any OSS located on a single property serving one dwelling unit on the same property, the local health officer shall not require a property owner to grant inspection and maintenance easements as a condition of receiving a permit.

During the final construction inspection, the local health officer or the designer of the OSS must confirm the OSS meets the approved design.

To comply with the requirements of WAC 246-272A-0270(1)(e) or (1)(k), an inspection must include, at a minimum:

Inspection and evaluation of:

The status of all sewage tanks including baffles, effluent filters, tank contents such as water level, scum, sludge, solids, water tightness, and general structural conditions;

The status of all lids, accesses, and risers;

The OSS and reserve area of any indicators of OSS failure or conditions that may impact system function, operation, or repair; and

Any other components such as distribution boxes;

A review of the record drawing and related documents, including previous reports to confirm the system is operating as designed; and

Any proprietary products following the procedures of the accepted operations and maintenance manual associated with those products.

Evidence of an OSS property transfer inspection as required in WAC 246-272A-0270(1)(k) must be provided to the local health jurisdiction on a form approved by the local health officer, including at a minimum:

All applicable information from subsection (5) of this section;

The address of the property served by the OSS;

The date of the inspection;

The permitted type and design flow for known OSS; and

Verification that the record drawing is accurate, or an OSS site plan showing the location of all system components relative to structures and prominent site features.

A local health jurisdiction may require an additional inspection report, or additional information, for an inspection required under WAC 246-272A-0270(1). The person responsible for the final construction inspection shall ensure the OSS meets the approved design.

(Ord. 1366, 2025)

§ 8.40.240 Record drawings.

Upon completion of new construction, alteration or repair of the OSS, the OSS owner or their agent shall submit a complete and detailed record drawing to the health officer that includes at a minimum:

Measurements and directions accurate to plus or minus one-half foot, unless otherwise determined by the health officer, so that the following parts of the OSS can be easily located:

All sewage tank openings requiring access;

The ends, and all changes in direction, of installed and found buried pipes and electrical cables that are part of the OSS; and

Any other OSS component which, in the judgment of the local health officer or the designer, must be accessed for observation, maintenance, or operation;

Location and dimensions of the reserve area;

Record that materials and equipment meet the specifications contained in the design;

Initial settings of electrical or mechanical devices that must be known to operate the system in the manner intended by the designer or installer; and

§ 8.40.250 Operation, monitoring, and maintenance - Owner responsibilities.

For proprietary products, manufacturer's standard product literature, including performance specifications and maintenance recommendations needed for operation, monitoring, maintenance or repair of the OSS.

(Ord. 1366, 2025)

The OSS owner is responsible for operating, monitoring, and maintaining the OSS to minimize the risk of failure, and shall:

Request assistance from the local health officer upon occurrence of a system failure or suspected system failure;

Obtain approval from the health officer before:

Repairing, altering, or expanding an OSS as required by WAC 246-272A-0200; or

Before beginning the use of any newly constructed OSS;

Secure and renew contracts for periodic maintenance if required by the local health jurisdiction;

Obtain and renew operation permits if required by the local health jurisdiction;

The owner of every residence, business, or other place where persons congregate, reside or are employed that is served by an OSS, and each person with access to deposit materials in the OSS, shall use, operate, and maintain the system to eliminate the risk to the public associated with improperly treated sewage. Owners' duties are included, without limitation, in the following list:

At least once every three years, unless more frequent inspections are specified by the local health officer, for all OSS consisting solely of a sewage tank and gravity SSAS;

Annually for all other OSS unless more frequent inspections are specified by the health officer;

Submit the results of the inspection to the local health jurisdiction, using a form approved by the local health officer and in compliance with WAC 246-272A-0260(5);

Employ an approved pumper to remove the septage from the tank when the level of solids and scum indicates that removal is necessary. The septic tank shall be pumped when the sludge accumulation is within 12 inches of the bottom of the outlet baffle or when the scum layer is within three inches of the bottom of the outlet baffle or the scum layer is within one inch of the top of the outlet baffle in either compartment or, when the total amount of solids, in either chamber, equals or exceeds one-third the volume of the chamber, whichever is most lenient. The pump and/or siphon chamber(s) shall be pumped when solids are observed;

Provide ongoing maintenance and complete any needed repairs to promptly return the OSS to a proper operating condition;

Protect the OSS area and the reserve area from:

Cover by structures or impervious material;

Surface drainage, and direct drains, such as footing or roof drains. The drainage must be directed away from the area where the OSS is located;

Soil compaction. For example, by vehicular traffic or livestock; and

Damage by soil removal and grade alteration;

Keep the flow of sewage to the OSS at or below the approved operating capacity and sewage quality;

(j)

Operate and maintain OSS as directed by the health officer.

Any person performing operations and maintenance inspections on OSS for a fee must be licensed according to LCC § 8.40.320;

(k)

At the time of property transfer:

Provide to the buyer all available OSS maintenance records and repair records in addition to the completed seller disclosure statement in accordance with Chapter 64.06 RCW for residential real property transfers;

Beginning February 1, 2027, obtain an inspection, as required in WAC 246-272A-0260(5), by a third-party inspector authorized by the local health officer. The local health officer may:

Remove the requirement for an inspection at the time of property transfer if the local health jurisdiction has evidence that the OSS is in compliance with subsection (1)(e) of this section and the OSS was inspected by a third-party inspector authorized by the local health officer;

Verify the result of the property inspection for compliance with WAC 246-272A-0260; and

Require additional inspections and other requirements not listed in WAC 246-272A-0260;

Beginning February 1, 2027, obtain an inspection of proprietary treatment products per the product manufacturer recommendations, as required in WAC 246-272A-0260, by a third-party inspector authorized by the local health officer. The local health officer may:

Verify the results of the property inspection for compliance with WAC 246-272A-0260; and

Require additional inspections and other requirements not listed in WAC 246-272A-0260;

Submit the results of the inspection, and any additional information or reports required by the local health officer, to the local health jurisdiction, using an inspection report form approved by the local health officer. The local health officer may require a compliance schedule for repair of a failure discovered during the property transfer inspection.

A person may not:

Use or introduce strong bases, acids or chlorinated organic solvents into an OSS for the purpose of system cleaning;

Use an OSS additive unless it is specifically approved by the department;

Use an OSS to dispose of waste components atypical of sewage from a residential source; or

§ 8.40.260 Operation, monitoring, and maintenance - Food service establishments.

Use any remediation process or activity unless it is approved by the local health officer and is in compliance with WAC 246-272A-0278.

(Ord. 1366, 2025)

The department requires the following:

Annual O&M inspections of the OSS serving regulated establishments such as food service operations, camping facilities, mobile home parks, and RV parks.

Review and approval of changes to the OSS, if inspections or plan reviews document the potential for quality or quantity changes to the establishment's sewage flow. Regulated establishments utilizing OSS shall submit information to the department upon any change in ownership or of menu or operation to determine if it will affect sewage quantity or quality.

An evaluation by a designer for any changes determined by the department to have a potentially deleterious effect on the OSS.

The establishment to repair or replace their OSS, in an expedient manner, if any problems are found.

The local health officer:

Shall not issue a food permit to any new food establishment not meeting the standards of this code or current state code.

Shall not issue a food permit to any food establishment that has undergone a change of ownership that utilizes OSS, where the OSS is determined by the department to be inadequate.

Shall have cause not to renew a food permit to an existing food establishment which utilizes OSS if mandated annual inspection is not complete or OSS is determined to be inadequate by the department.

(Ord. 1366, 2025)

§ 8.40.265 Remediation.

The local health officer may establish a program and requirements for reviewing and approving remediation activities.

Remediation must not:

Result in damage to the OSS;

Result in insufficient soil treatment in the zone between the soil dispersal component and the highest seasonal water table, restrictive layer, or soil type 7; or

Disturb the soil in or below the soil dispersal component if the vertical separation requirements of WAC 246-272A-0230 are not met.

(Ord. 1366, 2025)

§ 8.40.270 Repair of failures.

When an OSS failure occurs the local health officer shall:

Allow an OSS to be repaired using the least costly alternative that meets standards and is likely to provide comparable or better long-term sewage treatment and effluent dispersal outcomes;

Permit an OSS meeting the requirements in Table IX of this section only if the OSS has failed and the following are not feasible:

Installation of a conforming OSS or component; or

Connection to either an approved LOSS or public sewer;

Identify repair permits meeting the requirements in Table IX of this section for the purpose of tracking future performance;

Give first priority to allowing repair and second priority to allowing replacement of an existing conventional OSS, consisting of a septic tank and drainfield, with a similar conventional OSS;

Evaluate all unpermitted sewage discharges to determine if they pose a public health threat. If determined by the local health officer to be a public health threat, the local health officer shall require a compliance schedule;

Report failures within 200 feet of shellfish growing areas to the department; and

Not impose or allow the imposition of more stringent performance requirements of equivalent OSS on private entities than public entities.

The local health officer may:

Require a compliance schedule for failure using ASTM C-33 sand or coarser as fill to prevent direct discharge of treated effluent to ground water, surface water, or upon the surface of the ground if the vertical separation is less than 12 inches.

The OSS owner shall notify the local health officer when there is a failure and indicate which methods will be used to address the failure in accordance with Table IX of this section:

The owner may use option D only if the local health officer determines options A through C are not feasible and may use option E or F only if options A through D are not feasible.

For options A through F, the owner shall develop and submit information and obtain a permit as required under WAC 246-272A-0200 prior to any repair or replacement of an OSS on the property served or a nearby property if the owner obtains an appropriate documentation including, but not limited to, an easement, covenant, contract, or other legal document authorizing access for construction, operations, maintenance and repair.

If options A through F are not feasible, the owner shall discontinue use of the OSS, abandon the LOSS according to the requirements in WAC 246-272A-0300 and cease all sewage-generating activities on the property.

Table IX Options and Methods to Address OSS Failure
Options	Method
A	Repair or replace the OSS with a similar OSS if the OSS provides comparable or better long-term sewage treatment and effluent dispersal outcomes where:
	1. The effluent treatment and soil dispersal component to be repaired or replaced is not closer to any surface water, well, or spring than the minimum separation distance required in Table IV of WAC 246-272A-0210(1);
	2. The soil dispersal component to be repaired or replaced complies with the treatment level and distribution method requirements in Table VI of WAC 246-272A-0230;
	3. The local health officer has a permit or record of the OSS on file; and
	4. The repair or replacement will not result in an OSS that meets the definition of failure.
B	Repair or replace the OSS with an OSS in compliance with new construction requirements under this chapter.
C	Connect the residence or facility to a:
	1. Publicly owned LOSS;
	2. Privately owned LOSS where it is deemed economically feasible; or
	3. Public sewer.
D	Repair or replace the OSS in conformance with Table X of this section.
E	Use a holding tank.
F	Obtain a National Pollution Discharge Elimination System or state discharge permit from the Washington State Department of Ecology issued to a public entity or jointly to a public entity and the OSS owner only when the local health officer determines:
	1. An OSS is not feasible; and
	2. The only realistic method of final dispersal of treated effluent is discharge to the surface of the land or into surface water.

TABLE X Treatment Component Performance Levels for Repair of OSS Not Meeting Vertical and Horizontal Separations¹
Vertical Separation (in Inches)	Horizontal Separation²
	< 30 feet			> 30 < 50 feet			> 50 < 100 feet³			> 100 feet
	Soil Type			Soil Type			Soil Type			Soil Type
	1	2	3 - 6	1	2	3 - 6	1	2	3 - 6	1	2	3 - 6
< 12	A and BL1	A and BL1	A and BL1	A and BL1	A and BL1	A and BL1	A and BL1	A and BL1	A and BL1	B and BL2	B and BL2	B and BL2
≥ 12 < 18	A and BL1	A and BL1	A and BL1	A and BL1	B and BL2	B and BL2	A and BL1	B and BL2	B and BL2	Conforming OSS
≥ 18 < 24	A and BL1	A and BL1	A and BL1	A and BL1	B and BL2	B and BL2	A and BL1	B and BL2	B and BL2
≥ 24 < 36	A and BL1	B and BL2	B and BL2	B and BL2	B and BL2	B and BL2	B and BL2	B and BL2	C and BL3
≥ 36	A and BL1	B and BL2	B and BL2	B and BL2	C and BL3	C and BL3	B and BL2	C and BL3	C and BL3

¹ The treatment component performance levels correspond with those established for treatment components under the product performance testing requirements in Table III in WAC 246-272A-0110.

² The horizontal separation indicated in Table X of this section is the distance between the soil dispersal component and the surface water, well, or spring. If the soil dispersal component is up-gradient of a surface water, well, or spring to be used as potable water source, or beach where shellfish are harvested, the next higher treatment level shall apply unless treatment levels A and BL1 are already required.

³ On a site where there is a horizontal setback of 75 to 100 feet between an OSS dispersal component and an individual water well, individual spring, nonmarine surface water, or surface water that is not a public water source and a vertical separation of greater than 12 inches, a conforming OSS that complies with WAC 246-272A-0210(4) shall be installed if feasible.

When there is an OSS failure, the OSS designer shall:

Evaluate the causes of failure prior to designing the repair or replacement of the OSS;

Prevent the direct discharge of sewage or treated effluent to ground water, surface water, or upon the surface of the ground;

Meet the horizontal separations under WAC 246-272A-0210(1) to public drinking water sources;

Protect all drinking water sources, shellfish harvesting areas, and water recreation facilities designated for swimming in natural waters;

Minimize nitrogen discharge in areas where nitrogen has been identified as a contaminant of concern in the local management plan under WAC 246-272A-0015;

Not use disinfection to achieve fecal coliform or E. coli requirements in Table IX of this section to meet:

Treatment level BL1 or BL2 with less than 18 inches of vertical separation; or

Treatment level BL3;

Minimize impact of phosphorous discharge in areas where the local health officer has identified phosphorous as a contaminant of concern in the local management plan under WAC 246-272A-0015;

Locate and design repairs meeting the requirements in Table IX of this section if the effluent treatment and soil dispersal component to be repaired or replaced is closer to any surface water, well, or spring than prescribed by the minimum separation required in Table IV of WAC 246-272A-0210(1);

Design any nonconforming OSS using pressure distribution with timed dosing in the soil dispersal component; and

(j)

Meet all other design requirements of this chapter to the maximum extent permitted by the site, to maximize the:

Vertical separation;

Distance from a well or spring; and

Distance to surface water.

(Ord. 1366, 2025)

§ 8.40.280 Expansions.

The health officer shall require an OSS and a reserve area in full compliance with the new OSS construction standards specified in this chapter for an OSS.

A health officer may allow expansion of an existing OSS within 200 feet of a marine shoreline that does not meet the minimum horizontal separation between the soil dispersal component and the ordinary high water mark required by WAC 246-272A-0210, Table IV; provided, that:

The OSS meets all requirements of WAC 246-272A-0230, 246-272A-0232, 246-272A-0234, and 246-272A-0238;

The OSS complies with all other requirements of WAC 246-272A-0210 and this section;

Horizontal separation between the soil dispersal component and the ordinary high water mark is 50 feet or greater; and

Vertical separation is two feet or greater.

(Ord. 1366, 2025)

§ 8.40.290 Abandonment.

Persons permanently abandoning a sewage tank, seepage pit, cesspool, or other sewage container shall:

Have the septage removed by an approved pumper; and

Perform one of the following:

Remove and dispose of sewage tanks and other components in a manner approved by the local health officer; or

Leave the sewage tanks and components in place. Remove or destroy the lid if possible, and fill the void with soil or gravel; and

Grade the site to the surroundings.

(Ord. 1366, 2025)

§ 8.40.300 Septage management.

A person removing septage from an OSS shall obtain approval from the local health officer before removal and:

Transport septage or sewage only in vehicles clearly identified with the name of the business and approved by the health officer;

Record and report septage removal as required by the health officer; and

§ 8.40.310 Developments, subdivisions, and minimum land area requirements.

Dispose of septage or apply septage biosolids to land only in a manner consistent with applicable laws.

(Ord. 1366, 2025)

Prior to approving any development, the local health officer shall:

Require site evaluations under WAC 246-272A-0220;

Require information consisting of field data, plans, and reports supporting a conclusion that the proposed land area is sufficient to:

Install conforming OSS;

Preserve reserve areas for proposed and existing OSS; and

Properly treat and dispose of the sewage;

Require information demonstrating that the proposed development will minimize adverse public health effects from accumulation of contaminants in ground water and surface water;

Determine the minimum land area required for the development using Table XI of this section, or the alternative methodology in Table XII of this section. The local health officer may require larger lot sizes than the minimum standards established in Table XI or Table XII of this section;

Require all proposals not meeting the minimum land area requirements in Table XI of this section to demonstrate the proposed development:

Minimizes adverse impacts to public health, surface water or ground water quality;

Considers:

Topography, geology, and ground cover;

Climatic conditions;

Availability of public sewers; and

Present and anticipated land use and growth patterns;

Complies with current planning and zoning requirements;

Does not exceed the nitrogen limit per land area as identified in Table XII of this section; and

Does not allow new lots smaller than 13,000 square feet if served by nonpublic water supplies;

Require minimum land area of 13,000 square feet or larger, except when a proposal includes:

OSS within the boundaries of a recognized sewer utility having a finalized assessment roll; or

A planned unit development with a signed, notarized, and recorded deed covenant restricting any development of lots or parcels above the approved density with the overall density meeting the minimum land area requirements of subsection (1)(d) or (1)(e) of this section in perpetuity or until the OSS is no longer needed as identified in WAC 246-272A-0200(6);

Require that developments other than single-family residences:

Meet the minimum land areas required for each unit's volume of sewage;

Do not exceed 3.5 unit volumes of sewage per day per acre if served by public water supplies; and

Do not exceed 1.0 unit volume of sewage per day per acre for nonpublic water supplies; and

Require that the use of a reduced-sized dispersal component does not result in a reduction of minimum land area requirements established in this section.

The local health officer shall require the following prior to approving any subdivision:

A recommendation for approval as required by RCW 58.17.150;

Where a subdivision with nonpublic wells are proposed:

Configuration of each lot line to allow a supply protection zone to fit within the lot lines;

Water supply protection zones on more than one lot when the person proposing the subdivision or development provides a copy of a recorded restrictive covenant to each property that is sited partially or completely within the water supply protection zone; or

Water supply protection zone of at least 100 foot radius for each existing or proposed well site.

The local health officer may:

Require detailed site plans and OSS designs prior to final approval of subdivision proposals;

Require larger land areas or lot sizes to achieve public health protection;

Prohibit development on individual lots within the boundaries of an approved subdivision if the proposed OSS design does not meet the requirements of this chapter; and

Permit the installation of an OSS, where the minimum land area requirement or lot sizes in Table XI of this section or maximum total nitrogen in Table XII of this section cannot be met, only when the following criteria are met:

The lot is registered as a legal lot of record and created prior to the effective date of the rule;

The lot is not within an area identified in the local management plan developed under WAC 246-272A-0015 where minimum land area is listed as a design parameter necessary for public health protection; and

§ 8.40.320 Approval of installers, pumpers, and maintenance providers.

The proposed OSS meets all requirements of this chapter without the use of a waiver under WAC 246-272A-0420.

Table XI Minimum Land Area Requirement for Each Single-Family Residence or Unit Volume of Sewage and Minimum Usable Land Area
		Soil Type (defined by WAC 246-272A-0220)
		1	2	3	4	5	6
Minimum Land Area	Public Water Supply	21,780 sq. ft. (0.5 acre)	13,000 sq. ft.	16,000 sq. ft.	19,000 sq. ft.	21,000 sq. ft.	23,000 sq. ft.
	Public Water Supply	2.5 acres¹
	Nonpublic Water Supply	1.0 acre	1.0 acre	1.0 acre	1.0 acre	2.0 acres	2.0 acres
	Nonpublic Water Supply	2.5 acres¹
Minimum Usable Land Area		2,000 sq. ft.	2,000 sq. ft.	2,500 sq. ft.	3,333 sq. ft.	5,000 sq. ft.	10,000 sq. ft.

¹ OSS consisting of only sewage tanks and gravity SSAS must have a minimum land area of 2.5 acres per WAC 246-272A-0234(7).

Table XII Maximum Allowable Total Nitrogen (TN) Load Per Day by Type of Water Supply, Soil Type, and Land Area¹
Water Supply Type	Maximum Daily TN Load	Soil Type²
		1	2	3	4	5	6
Public	mg per sq. ft.	3.8	6.3	5.1	4.3	3.9	3.6
Public	lb per acre	0.36	0.60	0.49	0.41	0.37	0.34
Nonpublic	mg per sq. ft.	1.9	1.9	1.9	1.9	0.9	0.9
Nonpublic	lb per acre	0.18	0.18	0.18	0.18	0.09	0.09

¹ Based on 60 mg/L TN and 360 gallons per day OSS effluent.

² As defined in Table V in WAC 246-272A-0220.

(Ord. 1366, 2025)

Performance of Construction and Repair. The construction, installation, alteration and/or repair of sewage systems shall only be performed by:

Private persons constructing or altering systems on real property in which they have the primary ownership or leasehold interest; or

Persons holding a valid sewage system installer's certificate pursuant to subsection (2) of this section. Persons installing, altering and/or repairing sewage systems on real property which is intended for sale shall possess a valid sewage system installer's certificate pursuant to subsection (2) of this section. The property owner or resident may not contract or hire a person or concern to perform that work, unless that person is a certified installer as set forth in subsection (2) of this section.

Certification of Installers.

Any person performing work on a sewage system, whether installation or construction or repair, other than persons defined in subsection (1)(a) of this section, shall have first obtained an installer's certificate from the health officer before engaging in such construction, installation, and/or repair. Application for such certificate shall be made on forms provided by the health officer. Such application may be denied by the health officer if the applicant is found to be unqualified, after examination as hereinafter provided, to install, construct, and/or repair sewage systems in conformance with these regulations.

State Registration and Bond. Prior to the issuance of a certificate, the applicant shall submit evidence in writing that he possesses a current state registration certificate and bond, in accordance with Chapter 18.27 RCW (Registration of Contractors).

Examination. Prior to the issuance of a certificate, the health officer shall require written examination of the applicant's knowledge of sanitary system principles and the rules, regulations, laws, and ordinances affecting the public health and safety with respect to sewage systems.

If an individual does not pass the exam, he/she may retake the exam after two weeks have passed since the last exam was taken, or earlier at the discretion of the health officer, and after payment of the retesting fee as set forth in the schedule of fees of the board, Chapter 18.15 LCC.

The health officer may periodically update the written exam to incorporate new technology, regulations, and standards. The health officer may require all installers to take the revised exam at the time of certification or recertification.

Registration Fee and Continuing Education. Fees for registration certificates shall be charged in the amounts specified in the schedule of fees of the board as updated from time to time, and adopted by the board. The registration fee is nonrefundable.

At the end of each calendar year, all certificates become null and void. Certificates may be renewed, but such renewal must be received prior to January 15th for the upcoming year for which renewal is sought. A person shall have until March 1st of the year for which renewal is sought to renew his/her certificate with the payment of an additional late fee. After this date, he/she shall be required to apply for and take the written examination for certification.

As a requirement of renewal, every five years an installer shall verify, in a manner acceptable to the health officer, that the installer has completed 30 hours of training during the five-year period. Certified installers on the effective date of the ordinance codified in this section shall provide verification starting on January 15, 2016, and every five years thereafter. All other installers shall provide verification starting five years after January 15th of the year following the year an installer is initially certified, and every five years thereafter. If an applicant does not provide verification by January 15th of the required year, the applicant must retake and pass the current certification examination before the department may recertify the installer. The training must directly relate to on-site sewage disposal.

If an applicant provides inaccurate or false evidence of continuing training, the individual's certificate may be revoked and the health officer may bar the individual from certification for a reasonable amount of time, as determined by the health officer, subject to the right of appeal provided in LCC § 8.40.330.

Continuing training hours received in a five-year period, including those in excess of 30 hours, may not be used to meet the 30-hour requirement in any succeeding five-year period.

Disposal of Septic Tank Waste. The pumping, cleaning, and discharging of septic tanks, cesspools, and sewage pits shall only be performed by persons holding a valid septic tank pumper's registration certificate issued by the health officer.

Certification of Septic Pumpers.

Application for a septic tank pumper's registration certificate shall be made on forms provided by the health officer. Such registration may be denied by the health officer if the applicant is found to be unqualified due to defective or inadequate equipment as may be determined by the health officer, or a demonstration of negligence or violation of these regulations, or lack of requisite skill or knowledge.

Fees for registration certificates shall be charged by the health officer in the amounts specified in the fee schedule as updated from time to time, and adopted by the board. The registration fee is nonrefundable. At the end of each calendar year all certificates become null and void. Certificates may be renewed, but such renewal must be applied for prior to January 15th of the year for which renewal is sought. A person shall have until March 1st of the year for which renewal is sought to renew his/her certificate with the payment of an additional late fee.

Prior to the issuance of a septic tank pumper's registration certificate, the applicant must provide the health officer with assurance of liability coverage for any and all damage incurred by any citizen due to any wrongful act of such septic tank pumper. The insurance policy shall be executed by an insurance company authorized to do business in the state of Washington. The insurance must be kept in effect during the period of time for which the registration certificate is issued and cancellation or termination of the insurance policy shall automatically and without notice suspend the registration certificate.

Septic System Operation and Maintenance Provider.

It shall be unlawful for anyone, other than the OSS owner, to engage in the activity of operations and maintenance of OSS without first having been issued an operations and maintenance license or certification from the department.

Application for an O&M provider license shall be made on forms, or in a manner, provided by the department.

Application fees shall be paid at the time of application.

The department shall determine by written examination the applicant's knowledge of public health problems involved in the treatment and dispersal of sewage and necessary standards of design, construction, maintenance, and installation. If the applicant does not receive a passing mark in any such examination, the applicant shall be denied a license.

The applicant may take the test only twice in any 90-day period.

Licenses are good for one year and expire as determined by the department.

The applicant shall apply for renewal on forms provided by the department.

The original license and each renewal shall require a completed application on a form furnished by the department and payment of the prescribed fee.

An O&M provider's license is not transferable.

(j)

Any person having been issued an O&M provider's license is required to notify the department in writing within 30 days of any change in their business address and/or mailing address.

(k)

Licenses shall not be issued or renewed if the applicant is found by the department to be in violation of the provisions of this chapter.

(l)

Employees of a licensed O&M provider may be certified by the department to perform OSS O&M inspections in place of the licensed O&M provider under the following conditions:

The licensed O&M provider must indicate, to the department, each employee that may be certified.

Application for certification shall be made on forms provided by the department.

Application fees shall be paid at the time of application.

The applicant may take the test only twice in any 90-day period.

Certifications are good for one year and expire as determined by the department.

The applicant shall apply for renewal on forms provided by the department.

The original certification and each renewal shall require a completed application on a form furnished by the department and payment of the prescribed fees.

(ix)

A certification is not transferable between companies or individuals.

Individuals that are certified must also meet the CEU requirements of a licensed individual.

(m)

Each O&M provider shall submit to the department, not later than the twentieth day of each month, a report on a form furnished, or in a manner provided, by the department, for each OSS inspected the previous month within Lewis County.

(n)

O&M providers shall report failure of an on-site sewage system to the department within one business day of first identifying the failure.

(o)

O&M providers must notify the department of the cancellation of any O&M contracts in Lewis County within 30 days of cancellation.

(p)

Reports submitted must contain all relevant information required by the department.

(q)

Prior to the issuance of an O&M provider's license, the applicant must be in possession of a bond obtained in accordance with the special or general contractors laws of the state of Washington and provide proof of business liability insurance in the minimum amount of $100,000.

(r)

Every O&M provider is required to obtain at least six hours of approved classroom (training) time (one CEU) every year.

(s)

Subject matter and CEU training must be directly related to on-site sewage systems and be acceptable to the department.

(t)

Proof of attendance must be submitted to the department prior to renewal of license.

(u)

CEU earned by one licensee may be applied to any of his/her licenses issued by the department relating to OSS.

For proprietary products, licensed O&M providers must show training specific to the product, and/or meet the product patent holder's specifications, before being authorized by the department as an O&M provider for that product.

(w)

The department may fine, suspend, or revoke the license of an O&M provider if there has been finding of incompetence, negligence, willful misrepresentation or failure to comply with this chapter or other applicable laws, rules, and regulations.

An O&M provider whose license has been revoked shall be ineligible to reapply for a license until 60 calendar days have passed from the date of this license revocation.

Any O&M provider whose license is suspended or revoked will be required to retake the appropriate exam before their license will be reinstated.

§ 8.40.330 Disciplinary actions involving installers and pumpers.

All records pertaining to OSS must be kept, by the O&M professional, for a period of not less than five years.

(Ord. 1366, 2025)

Sewage system installers and pumpers may be subject to disciplinary actions, including but not limited to reprimand, probation, suspension, or revocation of their certificate in accordance with the provisions of this section, upon a finding of a failure to comply with the rules, regulations and policies of OSS installation or pumping, or upon a finding of a failure to comply with terms and conditions of prior probation or suspension, or upon a finding of incompetence, negligence, misrepresentation, or intentional and/or willful malfeasance.

In the event of suspension or revocation, no monetary rebate shall be forthcoming for any unexpired portion of the certificate period. If, after revocation of the certificate, the person desires to reapply for a certificate, the person must wait 12 months prior to reapplication. In the event of suspension or revocation, that person shall not proceed with any further functions of an installer or septic pumper in Lewis County.

For purposes of taking these actions, the health officer may take the following measures:

Convene an informal administrative conference and require the attendance of an installer or a pumper to explore facts and resolve issues associated with allegations of failure to comply with the rules, regulations, guidelines and policies of OSS pumping or installation, as applicable, or upon allegations of incompetence, negligence, misrepresentation, or intentional and/or willful malfeasance. An informal administrative hearing may result in no action, a reprimand, probation, suspension, or revocation.

Place an installer or pumper on probation. Probation may include limits on the types of systems that can be installed, increased reporting frequency and more detailed reporting for pumpers, and more frequent oversight and inspections. Probation will generally be for periods of six months to one year. Violation of any of the terms and/or conditions of the probation may result in the suspension or revocation of the certificate. Probation periods that span more than one certification period shall carry over from one certification period to the next.

Suspend the certifications of an installer or a pumper. Certificate suspension shall be for a specific period of not less than one month and not more than one year. The installer or pumper on suspension will not be allowed to install or pump systems during the period of suspension. Exceeding one suspension in any one-year period or two suspensions in any three-year period may result in revocation of certification. Suspension periods that span more than one certification period shall carry over from one certification period to the next. Following suspension, installers or pumpers may request reinstatement of certification by filing a written application for reinstatement. Prior to reinstatement the installer or pumper must meet all current and previous certification responsibilities and requirements, including payment of any reinstatement fee as required by the schedule of fees of the board, Chapter 18.15 LCC. In the event of suspension, that person shall not proceed with any further functions of an installer or pumper in Lewis County.

Revoke the certifications of an installer or a pumper. For intentional and/or willful malfeasance or serious or repeated violations of any of the requirements of these regulations or any other applicable regulation, or for violation of any of the terms and/or conditions of a probation or suspension, the installer's or pumper's certificate may be permanently revoked subject to appeal provisions under Chapter 2.25 LCC, as modified in this section. If, after revocation of the certificate, the person desires to reapply for a certificate, the person must wait 12 months prior to reapplication. In the event of revocation, that person shall not proceed with any further functions of an installer or pumper in Lewis County.

Notice of Probation, Suspension, or Revocation of Certification. Prior to probation, suspension or revocation of certification, the health officer shall:

Notify the installer or pumper in writing, stating the reasons for which the certificate is subject to probation, suspension or revocation; and

Provide notice of the consequences of failure to comply with the notice of probation, suspension or revocation; and

Advise the installer or pumper of his/her right to appeal pursuant to Chapter 2.25 LCC, as modified in this section.

Appeals of Suspension or Revocation of Installers or Pumpers Certificates. Except as otherwise provided herein, the Lewis County board of health hearing examiner ordinance process contained in Chapter 2.25 LCC shall be utilized to address appeals of certificate suspension and/or revocation. All hearings shall be convened in accordance with the regulations of the office of the hearing examiner pursuant to Chapter 2.25 LCC and the current hearing examiner policies and procedures, except that in the event of conflict between the provisions of this section and Chapter 2.25 LCC, these following provisions shall apply:

Notification of Hearing. Notice of the administrative hearing shall be given by personal service or certified mail (return receipt requested) to the last known address by the health officer to the person(s) who is the subject of the proposed disciplinary action, and sent by first class mail to any other interested or participating party. The address provided on the application or application renewal will be considered the last known address unless the health officer is notified in writing of a change in address. The notice shall:

Be in writing;

Include a brief and concise description of the cause/reason for the administrative hearing;

State the date, time and location of the administrative hearing; and

Advise the recipient both of the nature and consequences of the requested action, and to whom and where to submit requests for information about the hearing and for copies of any written materials which form a basis for the cause/reason for the hearing.

Post-Hearing Procedures. Within 10 calendar days of the conclusion of the hearing, unless a longer or shorter period is determined to be necessary by the examiner or by the health officer, the examiner shall render a written decision, which shall include findings of fact and conclusions based on the record, and notification of a right of appeal, as follows:

The examiner shall determine from the evidence presented at the hearing whether or not the allegations of failure to comply with the rules, regulations, guidelines and policies of OSS pumping or installation, as applicable, or upon allegations of incompetence, negligence, misrepresentation, or intentional and/or willful malfeasance which formed the basis for the health officer's recommendation to discipline, or to suspend or revoke the certifications of an installer or a pumper, as applicable, has occurred and/or been substantiated.

If the examiner determines that the allegations forming the basis for the recommended discipline, suspension or revocation have occurred and/or been substantiated, the examiner may initiate a course of action which may include discipline, including but not limited to reprimand or probation, and/or suspension or revocation. For purposes of the scope and nature of said course of action, the recommendations of the health officer shall be afforded due deference.

The findings and conclusions of the examiner, and the course of action to be taken in light of those findings and conclusions, shall be served on the parties of record to the hearing in the manner set forth in subsection (5)(a) of this section.

Final decisions and actions of the examiner must be appealed to the board of health, as set forth in subsection (7) of this section.

Board of Health Appeal. Any person who has initiated or exercised his/her right to an administrative hearing under this section, and who is aggrieved by the decision or action of the examiner, shall have the right to appeal a final decision or action of the examiner by requesting a closed-record hearing before the board of health.

Petition for Review. Any appeal shall be in writing and delivered to the board of health within 10 calendar days of service of the decision or action of the examiner. Such appeal shall operate to stay said decision or action of the examiner, except upon findings by the examiner, as follows:

The existence of an actual or imminent health hazard. (For purposes of this section, "actual or imminent health hazard" means a condition or situation presenting a serious or life-threatening danger to public health and safety.)

A failure to comply with the terms and conditions for continued installer or pumper certification as specified in a course of action issued to said party in a prior disciplinary, suspension or revocation matter within the previous five years.

Upon receipt of a perfected appeal, including payment of a fee as specified in the Lewis County schedule of fees (on file with the Lewis County board of county commissioners), the health officer shall set a time and place for the appeals hearing before the board of health, and shall give the appellant and parties of record to the examiner hearing written notice thereof. The hearing shall be commenced within 22 calendar days of a perfected appeal, unless the parties agree to extend this deadline; or the board, on its own motion, extends this deadline for not more than 30 days after determining that good cause exists for such extension.

Except as noted in this subsection (7), the administrative procedures and rules of LCC § 2.25.130, regarding petitioning for and conducting a closed-record appeal before the hearing examiner, shall apply, as nearly as possible, to appeals before the board of health.

The decision or action of the examiner shall be upheld unless the party appealing said decision or action establishes that:

The examiner engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless;

The decision or action of the examiner was based upon an erroneous interpretation of the law, after allowing for such deference as is due the construction of a law by a local jurisdiction with authority or expertise as to the rules, regulations, guidelines and policies of OSS installation and pumping;

The decision or action was not supported by evidence that was substantial when viewed in light of the whole record before the board;

The decision or action was a clearly erroneous application of the law to the facts;

The decision or action was outside the authority or jurisdiction of the examiner or health officer making the decision;

The decision or action violates the constitutional rights of the party seeking relief; or

The decision or action was clearly arbitrary or capricious.

(8)

Judicial Appeal. An appeal of the final decision of the board of health must be appealed to the Lewis County superior court.

The appeal must be filed with the said superior court within 20 calendar days from the date the board of health's written decision was deposited into first class U.S. mail, properly stamped and addressed to the appellant, or any appeal is thereafter barred. Such appeal shall operate to stay said decision of the board, except upon findings of the board, as follows:

§ 8.40.340 Waiver of state regulations.

(Ord. 1366, 2025)

The health officer may grant a waiver from specific requirements of this chapter. A request for waiver must be:

Evaluated by the health officer on an individual, site-by-site basis;

Consistent with the purposes of this chapter.

The health officer must submit quarterly reports to the department showing waivers approved or denied, and:

Upon review, if the department finds that the waivers previously granted are inconsistent with purposes of this chapter and DS&G for granting waivers, the department shall provide technical assistance to the health officer to correct the inconsistency, and may notify the local and state boards of health of the department's concerns.

If, upon further review, the department finds waivers previously granted continue to be inconsistent with the purposes of this chapter and DS&G, the department may suspend the authority of the health officer to grant waivers under this section until such inconsistencies have been corrected.

The department shall maintain and update guidance to assist local health officers in the application of waivers.

The department shall publish an annual report summarizing the waivers issued over the previous year.

(Ord. 1366, 2025)

§ 8.40.350 Enforcement.

When an OSS is out of compliance with any law or rule regulating OSS and administered by the department or local health officer, the department or the health officer may initiate enforcement action. Enforcement action may include, but is not limited to:

A notice of correction describing the condition that is not in compliance and the test of the specific section or subsection of the applicable state or federal law or rule, a statement of what is required to achieve compliance, and the date by which compliance is to be achieved;

A notice of violation with or without civil penalty;

An order requiring specific actions or ceasing unacceptable activities within a designated time period;

Suspension, revocation, or modification or denial of permits and licenses as authorized by RCW 43.70.115; and

Civil or criminal penalties authorized under Chapter 70.05 RCW and RCW 43.70.190.

An informal conference may be held at the request of any party to resolve disputes arising from enforcement of this chapter.

Notices and orders issued under this section must:

Be in writing;

Name the person or persons to whom the order is directed;

Briefly describe each action or inaction constituting a violation of this chapter and the rules of Chapter 246-272A WAC, or applicable local rules;

Specify any required corrective action, if applicable;

Specify the effective date of the order, with time or times of compliance;

Provide notice of the consequences of failure to comply or repeated violation, as appropriate.

Enforcement orders must be personally served in the manner of service of a summons in a civil action or in another manner showing proof of receipt.

The health officer shall have cause to deny the application or reapplication for a permit or to revoke, suspend, or modify a required permit of any person who has:

Failed or refused to comply with the provisions of this chapter or of Chapter 246-272A WAC, or any other statutory provision or rule regulating the operation of an OSS; or

Obtained or attempted to obtain a permit or any other required certificate or approval by misrepresentation.

(Ord. 1366, 2025)

§ 8.40.360 Hearing and appeal.

Notice of Decision - Adjudicative Proceedings. Except as otherwise provided herein, the Lewis County board of health hearing examiner ordinance process contained in Chapter 2.25 LCC shall be utilized to address procedural and technical conflicts arising from the administration of local regulations.

(Ord. 1366, 2025)

§ 8.40.370 Violations and penalties.

Upon land where any applicable law requires toilet facilities to be provided, it shall be unlawful for any person to cause, suffer, or permit the disposal of sewage, human excrement, or other liquid wastes in any place or manner, except through and by means of an approved sewage system authorized by these rules and regulations.

The health officer may condemn, according to law, any residence or other establishment which is accumulating or disposing of sewage in a manner contrary to the requirements of these rules and regulations.

Any person violating any of the provisions of Chapters 70.05 and 70.46 RCW or violating or refusing or neglecting to obey any of these rules, regulations or orders made for the prevention, suppression and control of dangerous contagious and infectious diseases by the local board of health or local health officer or administrative officer, shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than $25.00 nor more than $100.00 or to imprisonment in the county jail not to exceed 90 days or to both fine and imprisonment.

Violations as a Public Nuisance.

Any work done or action taken or product thereof which is contrary to this chapter is hereby declared to be unlawful and a public nuisance.

The health officer shall take steps to abate public nuisances as defined herein. The prosecuting attorney may commence an action or actions, proceeding or proceedings for the abatement, removal or enjoinment of public nuisances as defined herein. The power hereby granted to abate a public nuisance shall be construed broadly.

Cumulative Civil Penalty. In addition to, or as an alternative to, any other penalty provided herein or by law, any person, firm, or corporation which violates the provisions of this chapter, or violates the provisions of the Washington Administrative Code adopted by reference by this chapter, shall be subject to a civil penalty under LCC § 1.20.050 for each day of noncompliance as separate and distinct violations.

Collection of Civil Penalty. The prosecuting attorney or the health officer on behalf of the county is authorized to collect the civil penalty assessed pursuant to subsection (5) of this section, by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate the imposition of additional penalties so long as the violation continues.