Pursuant to Chapters 43.20 and 70.05 RCW, the Jefferson County BOH is charged with the duty of protecting the public health and safety of all inhabitants of Jefferson County, and enacting such rules and regulations as are necessary in order to carry out the requirements of this chapter and to provide for the enforcement thereof. The requirements of this chapter shall apply to all territory within the boundaries of Jefferson County. This chapter is promulgated under the authority of Chapters 70.05, 70A.105, and 70A.110 RCW, and Chapter 246-272A WAC.
(Ord. 2-25 § 4 (App. A))
The purpose of this chapter is to protect, preserve, promote, and improve public health, safety, and the environment by:
(1) 
Establishing minimum standards of sanitation for sewage; and
(2) 
Eliminating or minimizing the potential for public exposure to sewage; and
(3) 
Eliminating or minimizing the adverse effects of sewage discharges to the ground, surface water or ground water; back-ups of sewage into structures; or inadequate treatment and control of sewage.
(Ord. 2-25 § 4 (App. A))
Chapter 246-272A WAC, On-Site Sewage Systems Rules and Regulations of the State Board of Health, as it now exists or hereafter may be amended, is hereby adopted by reference as rules and regulations of the Jefferson County BOH, modified in this chapter as authorized by WAC 246-272A-0013, provided DOH approves or fails to disapprove this chapter within 90 days of DOH's receipt of this chapter.
(Ord. 2-25 § 4 (App. A))
The director, through authority delegated by the Jefferson County board of health and the Jefferson County health officer, shall administer this chapter. Fees may be charged pursuant to the department's fee schedule adopted pursuant to Chapter 3.80 JCC for administration of this chapter, including but not limited to processing applications for permits, performing inspections, and making decisions.
(Ord. 2-25 § 4 (App. A))
The following rules apply to interpretation of words as used in this chapter:
(1) 
All words shall have their normal and customary meanings, unless specifically defined otherwise in this chapter;
(2) 
Any gender-specific term shall be interpreted as if it is male, female, or neutral gender;
(3) 
Any term phrased in the plural shall also be interpreted to mean the singular, and any singular term shall be interpreted to also mean the plural;
(4) 
The present tense shall include the future;
(5) 
If a conflict exists between the interpretation of Chapter 246-272A WAC and this chapter, the more stringent regulation shall apply to better protect public health and the environment; and
(6) 
The definitions in Chapter 246-272A WAC are incorporated by reference.
(7) 
In addition to those definitions set forth in Chapter 246-272A WAC, the following definitions shall also apply in this chapter:
"Aggrieved person"
means a person who received an adverse decision under this chapter.
"BOH"
means the Jefferson County board of health.
"Certificate"
means a certificate issued by the health officer permitting a person to practice in the field of sewage disposal as an O&M specialist, O&M technician, installer, or sewage pumper. "Certificate" does not include a "homeowner inspection authorization," as defined elsewhere in this chapter.
"Chain of custody"
means a procedure to ensure that samples have been in the possession of, or secured by, an authorized person at all times from sample collection to receipt by the laboratory.
"Community OSS"
means any OSS designed to serve two or more independently owned dwelling units with design flows of up to 3,500 gallons per day. An OSS serving only one single-family residence plus one accessory dwelling unit is not considered a community OSS.
"Commercial OSS"
means any nonresidential or combined residential and nonresidential OSS with a design flow of up to 3,500 gallons per day.
"Critical areas"
means geologically hazardous areas, frequently flooded areas, critical aquifer recharge areas, wetlands, and fish and wildlife habitat areas, all as defined through Chapter 365-196 WAC as "critical areas" and regulated in Chapter 18.22 JCC as adopted or hereafter amended. Critical areas sometimes are also known as environmentally sensitive areas.
"Decommissioning"
means, in addition to the requirements in WAC 246-272A-0300, all existing tanks, distribution boxes, risers, or other voids in the ground shall be properly decommissioned by breaking the lid(s), pumping, and filling with clean fill to grade.
"Department"
means the Jefferson County department of environmental public health and water quality, a department of the Jefferson County department of public health.
"DCD"
means the Jefferson County department of community development.
"Department of Ecology (Ecology)"
means the Washington State Department of Ecology.
"Department of Health (DOH)"
means the Washington State Department of Health.
"Design"
means a complete OSS designed by a licensed septic designer as defined by Chapter 246-272A WAC.
"Director"
means the director of the department or their delegee.
"Dwelling unit"
means a unit providing complete independent living facilities for one or more persons which may include permanent provisions for living, sleeping, eating, cooking and sanitation.
"Education contact hours"
means contact participation in an organized educational experience led or facilitated by qualified sponsorship, capable of direction and qualified instruction.
"Health officer"
means a legally qualified physician who has been appointed as the local health officer for the Jefferson County department of public health, or a representative authorized by the local health officer, as defined in Chapter 70.05 RCW.
"Homeowner inspector"
means a person who has been issued a homeowner inspection authorization by Jefferson County public health as required by JCC § 8.15.145.
"JCC"
means the Jefferson County Code, as currently enacted or as later amended.
"Legal lot of record (LLOR)"
means any lot that is determined to be a legal lot of record pursuant to Chapter 18.12 JCC.
"Monitoring inspection"
means an inspection of the components associated with a specific OSS containing the information specified on forms approved by the department.
"Notice of violation"
means written determination that an element or section of this chapter has not been complied with.
"O&M"
means operation and monitoring.
"O&M specialist"
means a person with training, skill, and experience in the maintenance, monitoring, and operation of an OSS and who is certified by the department to inspect and monitor the performance of an OSS.
"O&M technician"
means a person with training, skill, and experience in the maintenance, monitoring, and operation of an OSS and who is certified by the department to inspect and monitor the performance of gravity and pump to gravity OSS. An O&M technician can inspect and monitor all other OSS types under the direct supervision of a designer or O&M specialist.
"On-site sewage system (OSS)"
means an integrated system of components, located on or nearby the property it serves, that conveys, stores, treats, and provides subsurface soil treatment and dispersal of sewage. It consists of a collection system, a treatment component or treatment sequence, a soil dispersal component, and a reserve area. An OSS also refers to a holding tank sewage system or other OSS that does not have a soil dispersal component. This includes OSS previously defined as:
(1) 
Conventional: OSS consisting solely of a septic tank and a gravity SSAS, or those including a pump to a gravity SSAS.
(2) 
Alternative: all OSS not defined as conventional, such as pressurized, public domain treatment devices and proprietary products.
"Or"
means or and and/or.
"OSS installer"
means an individual who has passed an exam approved by the department, holds a current bond, and insurance as specified in JCC § 8.15.140, holds an installer's certificate, and supervises the installation and repair of an OSS in Jefferson County.
"Partial installation"
means the installation of the drainfield or disposal component, and any pre-treatment device identified in the approved design.
"RCW"
means the Revised Code of Washington, as currently enacted or as later amended.
"Resident owner"
means a property owner that occupies, or intends to occupy, the property they own.
"Scale bar"
means the graphic representation by which distances can be measured.
"Scum"
means lighter solids, such as fats and grease, that rise to the top of a septic tank, holding tank or pump chamber.
"Septage"
means the mixture of solid wastes, scum, sludge, and liquids pumped from within septic tanks, holding tanks, pump chambers, and other OSS components or removed from grease traps.
"Septic tank"
means a watertight treatment receptacle receiving the discharge of sewage from a building sewer or sewers, designed and constructed to permit separation of settleable and floating solids from the liquid, detention and anaerobic digestion of the organic matter, prior to discharge of the liquid.
"Sewage pumper"
means a person approved and granted a certificate by the department to remove and transport sewage or septage from septic tanks, pump chambers and portable toilets.
"Site installer"
means a person that has passed an exam approved by the department, maintains an annual certificate, and works under the direction, insurance, and bond of a certified installer.
"Sludge"
means heavy solids that settle to the bottom of a septic tank, holding tank or pump chamber.
"Violation"
means a violation of this chapter or Chapter 246-272A WAC.
"WAC"
means the Washington Administrative Code.
(Ord. 2-25 § 4 (App. A))
(1) 
Management and oversight of OSS is intended to result in an effective means of regulating sewage disposal and necessary to protect the public health, by promoting a comprehensive approach to sewage treatment and disposal.
(2) 
A local management plan was adopted in July 2007 as required by Chapter 246-272A WAC. The local management plan has the following requirements:
(a) 
Identify all OSS in Jefferson County;
(b) 
Progressively develop and maintain an inventory, including the type and location of all known OSS in operation;
(c) 
Facilitate education of property owners regarding the requirements of Chapter 246-272A WAC and this chapter, and provide O&M information for all types of OSS in use;
(d) 
Remind and encourage property owners to complete the O&M inspections required by WAC 246-272A-0270 and this chapter;
(e) 
Maintain records required;
(f) 
Enforce OSS owner permit application, O&M and failure repair requirements;
(g) 
Identify unknown, undocumented or failing OSS; and
(h) 
Identify areas where OSS pose an increased public health risk.
(3) 
An annual O&M fee shall support implementation of the above items and provide support and maintenance of a database system for the records of OSS permitting, installation, O&M and communication with the responsible parties.
(4) 
To implement the requirements of the Jefferson County local management plan as adopted or amended, each OSS shall be charged the annual O&M fee as adopted in the department's fee schedule.
(5) 
The department's fee schedule shall be revised on an annual basis concurrent with budget adoption by the board of county commissioners pursuant to Chapter 3.80 JCC.
(6) 
The annual fee shall be collected via the property owner's property tax statement to implement the requirements of this chapter.
(7) 
Exemption From the Annual O&M Fee. The following parcels shall be exempt from the annual O&M fee, provided the property owner shall demonstrate that at least one of the following exemptions applies to the satisfaction of the health officer:
(a) 
The OSS is located on a parcel owned by a federally recognized tribal government or the federal government;
(b) 
The parcel is connected to an approved sewer system;
(c) 
The parcel is connected to a large OSS permitted by DOH, provided all components to include septic tanks and pump chambers are managed and inspected by an approved third party;
(d) 
No structure on the parcel is connected to a water supply and the parcel is not capable of creating or discharging sewage.
(8) 
To receive an exemption authorized by this section:
(a) 
The property owner shall submit to the department a completed application on a form approved by the department between January 31st and March 1st of the year for which an exemption is requested.
(b) 
For the exemption in subsection (7)(b) of this section, the property owner shall submit, in addition to the application required by subsection (8)(a) of this section, a sewer bill for the property showing an account number and the sewer provider's contact information.
(c) 
For the exemption in subsection (7)(c) of this section, the property owner shall submit, in addition to the application required by subsection (8)(a) of this section, the contact information for the third party managing and inspecting the large OSS.
(9) 
The annual fee exemption in this section does not apply to partial reductions of the OSS operation or the O&M program charge.
(10) 
Whether an OSS shall be assessed the fee shall be determined based on OSS records.
(11) 
The director shall provide the county assessor and the county treasurer sufficient information to collect the annual fee to implement the requirements of this chapter, including the number of new OSS and decommissioned OSS annually. The coordination required by this subsection shall occur at least once annually before the deadline that county department's proposed budgets shall be submitted for consideration by the board of county commissioners.
(Ord. 2-25 § 4 (App. A); Ord. 9-25 § 2 (App. A))
(1) 
Every residence, business, unit, facility, or structure where people congregate, reside, or are employed or that has the potential to generate sewage shall be connected to an approved public sewer. If no public sewer is available, all sources of sewage shall be connected to an approved OSS that complies with the standards for construction, operations, and maintenance of Chapter 246-272A WAC and this chapter.
(2) 
Any new or replacement residence, unit, facility, structure, commercial structure, or any expansion, as that term is defined in Chapter 246-272A WAC, may be connected to an existing OSS only when the existing OSS has hydraulic capacity, sufficient vertical and horizontal separation, an adequate reserve area, and satisfies all other requirements to be in compliance with Chapter 246-272A WAC and this chapter.
(3) 
Exemption for connection of a replacement structure that was damaged in a natural disaster or other situation beyond the property owner's control. An existing OSS may be connected to a replacement structure that was damaged in a natural disaster or other situation beyond the property owner's control, such as fire, earthquake, landslide, etc., if all of the following requirements are met:
(a) 
The footprint, heated square footage, and septic capacity requirements of the replacement structure remains the same as the original structure.
(b) 
The waste-strength is of residential strength in nature.
(c) 
The existing OSS was issued a permit and has been given final approval for use by the department.
(d) 
The existing method of sewage disposal is not a pit privy, outhouse, seepage pit, or method of disposal that, if continued, use of the OSS would be inconsistent with the purpose and objectives of this chapter.
(e) 
The OSS shall have a full evaluation by a septic designer or engineer that proves the following:
(i) 
The tank(s) are in good condition/working order;
(ii) 
The disposal component has at least two feet of vertical separation;
(iii) 
The disposal component is not ponded;
(iv) 
The OSS has not been modified without permits;
(v) 
The OSS meets proper setbacks to wells and surface waters; and
(vi) 
The OSS has not failed as defined by Chapter 246-272A WAC.
(f) 
If all of the above in this subsection are met, an up-to-date record drawing of the OSS generated by a designer shall be submitted to the department and the OSS shall be retrofitted as to provide proper access for ongoing O&M as prescribed in the design section of this chapter.
(4) 
A reserve area designation shall be required on any property served by an OSS prior to approval of a building permit that increases the footprint or adds additional structures on to a property which does not already have a reserve area.
(Ord. 2-25 § 4 (App. A))
The health officer may impose additional requirements to an OSS application beyond the minimum established in this chapter and Chapter 246-272A WAC, and may deny the application in any area where an OSS may pose a significant risk to human health and the environment. The health officer shall make the following findings in their decision:
(1) 
The decision is made as a matter of professional judgment to protect human health and safety, and the environment;
(2) 
The requirements and restrictions contained within the decision are prudent and necessary to prevent or reduce the possibility of failure of an OSS, or to minimize any negative impacts of an OSS upon public health and environmentally sensitive areas; and
(3) 
The determination is based on a review of available science by the department and other agencies with expertise in making their determination.
(Ord. 2-25 § 4 (App. A))
(1) 
No application for an OSS permit, LLOR determination pursuant to Chapter 18.12 JCC, or a land division pursuant to Chapter 18.35 JCC shall be approved unless:
(a) 
The lot meets Table XI in WAC 246-272A-0320; or
(b) 
The lot does not meet Table XI in WAC 246-272A-0320 but complies with all of the following:
(i) 
The lot utilizes an OSS that does not exceed the maximum allowable total nitrogen loading limits of Table XII in WAC 246-272A-0320;
(ii) 
The lot is at least 50 percent of the minimum land area requirement of Table XI in WAC 246-272A-0320;
(iii) 
The lot utilizes an OSS meeting a minimum of treatment level B and bacterial level 2 or a pressurized OSS with 36 inches of vertical separation;
(iv) 
The lot utilizes an OSS without taking size reductions; and
(v) 
The owner of the lot does not own additional adjacent lots or is unable to aggregate additional lots that would allow the lot to meet Table XI in WAC 246-272A-0320; or
(c) 
The lot does not meet subsection (1)(a) or (1)(b) of this section but qualifies for a waiver from the above requirements by complying with all of the following:
(i) 
Application for a waiver including a justification describing how the requested waiver is consistent with the purposes and objectives of protecting public health;
(ii) 
The lot utilizes an OSS meeting a minimum of treatment level B and bacterial level 2;
(iii) 
The lot utilizes an OSS without taking size reductions;
(iv) 
The lot utilizes an OSS that does not exceed the maximum allowable total nitrogen loading limits of Table XII in WAC 246-272A-0320;
(v) 
The lot does not require any other waivers from this chapter or Chapter 246-272A WAC to permit an OSS; and
(vi) 
The owner of the lot does not own additional adjacent lots or is unable to aggregate additional lots that would allow the lot to meet subsection (1)(b) of this section; or
(d) 
The lot has a permitted OSS that has been given final approval by the department or has been partially installed as defined by this chapter; or
(e) 
The owner of the lot proves to the satisfaction of the department that the lot has an OSS that was constructed prior to 1970.
(2) 
Minimum lot size requirements of subsection (1) of this section may be satisfied by binding multiple lots together by the following ways:
(a) 
Recording with the Jefferson County auditor's office of a boundary line adjustment or a lot consolidation pursuant to Article II of JCC Title 18; or
(b) 
Recording of a restrictive covenant or an easement that runs with the land with the Jefferson County auditor's office on a form approved by the department that satisfies the following requirements:
(i) 
The beneficiary of the restrictive covenant or easement shall be the county through the department;
(ii) 
The restrictive covenant or easement shall bind together all of the adjacent lots that do not individually satisfy the minimum lot size of Table XI in WAC 246-272A-0320; and
(iii) 
Provided, that if any such adjacent lot subsequently proposed for binding with another lot to satisfy the requirements of subsection (1) of this section, the department shall approve an amendment to the restrictive covenant or easement recorded with the Jefferson County auditor's office that removes such adjacent lot from the restrictive covenant or easement.
(Ord. 2-25 § 4 (App. A))
(1) 
Permit Required. Installation, modification, expansion of an OSS or connection to an existing OSS without a valid permit issued by the health officer is prohibited.
(2) 
Satisfaction of Minimum Land Area Requirements. An OSS permit shall not be issued for a lot that does not meet one of the minimum land area requirements of this chapter.
(3) 
Exemption From Permit Requirement for Minor Repairs. A permit is not required for those repairs defined as minor repairs. The following is required for minor repairs:
(a) 
All minor repairs shall be documented via the on-site septic inspection and monitoring database or other approved method;
(b) 
The minor repair shall be completed by a property owner, certified installer, O&M specialist, O&M technician or pumper as allowed under their certificate; and
(c) 
Where pump or control panels are replaced or altered, a report shall be submitted to the department to identify the completed minor repair. The report shall include component manufacturer, specification, and verify that settings and functionality are consistent with the approved design.
(4) 
Emergency Mitigations for Sewage Surfacing or Backing up Into a Structure. A designer or installer may perform emergency mitigations for sewage surfacing or backing up into a structure to alleviate the hazard until a repair permit can be issued, provided all of the following requirements shall be satisfied:
(a) 
The mitigation shall protect human and environmental health;
(b) 
The mitigation shall eliminate possible human or animal contact with OSS effluent;
(c) 
The mitigation shall consider site constraints including, but not limited to, surface waters, wells, ditches, and ground water; and
(d) 
The mitigation shall be documented and reported to the department within 24 of hours work performed.
(5) 
Regulations in Effect at the Time of Application Apply. Applications for an OSS permit shall be approved in accordance with the regulations in effect at the time of submission of a complete application as required by subsection (7) of this section, including but not limited to its period of validity and expiration date.
(6) 
No Assurance of Future Development. Installation of an OSS does not assure future development on the property. Future development shall comply with state and local code at the time of application.
(7) 
Complete Application Required. The application shall be submitted on a form approved by the department with all submittal requirements as required by the department through administrative rule, on the form, and by this chapter. Incomplete applications and fees shall be returned to the applicant without further processing or review. To be considered complete an application shall include all of the following:
(a) 
A detailed to-scale construction plan for the proposed OSS and site, with original signature of the designer;
(b) 
Application form is complete and accurate with property information and original signature of applicant or authorized representative; and
(c) 
A soil log report completed by the individual who performed the soil evaluation. The soil log report shall identify the date the soil observations were made and the name of the person who logged the soils for the report. Soils evaluation shall be completed by a designer or professional engineer licensed in the state of Washington, soil scientist licensed in the state of Washington, or the local health officer. The soil testing shall comply with the requirements of WAC 246-272A-0220 and the following procedures:
(i) 
A minimum of two soil logs shall be dug in both the proposed primary area and the proposed reserve area of sufficient size and depth to accurately determine site suitability for on-site sewage disposal.
(ii) 
The health officer may require additional soil logs or such further testing as is necessary to determine the adequacy of a site for on-site sewage disposal.
(iii) 
Where sieve analysis tests are required, they shall be completed by a certified lab and chain of custody requirements shall be followed, which includes:
(A) 
Obtaining the sample by health officer with property owner or property owner representative present;
(B) 
Assignment of sample ID number;
(C) 
Labeling/tagging the sample container with assigned number and location taken;
(D) 
Documentation by authorized sampler of date and location of samples taken; and
(E) 
Delivery by secure means to a laboratory accredited by the Department of Ecology.
(iv) 
The property owner shall fill and cover the holes provided for evaluation of the soils for an installation permit or subdivision review within 10 days following notification that the inspection by the health officer is complete. The property owner shall be notified in writing when the inspection has been completed.
(d) 
Any easements or covenants running with the land necessary to provide minimum land area to locate an OSS shall be recorded with the Jefferson County auditor's office prior to submittal of any OSS permit application. In the case of immediate public health hazard, recording of the easements, covenants, or lot consolidations shall be required prior to final approval of the OSS.
(8) 
Errors in Design or Installation Are the Responsibility of the Property Owner. The property owner or their authorized agent is responsible for the accurate representation of all information presented to the health officer. Any error committed by a designer or installer remains the sole responsibility of the property owner. The department does not have the authority or responsibility to change OSS requirements when errors occur in design or installation.
(9) 
OSS for Structures Subject to Chapter 15.15 JCC. No OSS permit shall be issued for any OSS located in a floodplain, floodway, coastal high hazard area, or area of special flood hazard as defined in Chapter 15.15 JCC until all required permits and approvals have been issued pursuant to Chapter 15.15 JCC. All OSS permits shall comply with any applicable standards or requirements in Chapter 15.15 JCC.
(10) 
Compliance With Other Applicable Law Required.
(a) 
Permits for all OSS shall comply with all applicable requirements of the RCW, the WAC, and federal law.
(b) 
Permits for all OSS within unincorporated Jefferson County shall comply with all applicable provisions of the JCC, including but not limited to the Jefferson County Uniform Development Code (UDC), JCC Title 18.
(c) 
Permits for all OSS within the city of Port Townsend shall comply with the Port Townsend Municipal Code as currently enacted or as later amended.
(11) 
Compliance With This Chapter Is Not a Defense for the Failure to Comply With Laws. Compliance with this chapter is not a defense for the failure to comply with the requirements of any other applicable local, state, or federal law or regulation.
(12) 
Compliance With JCC Title 19 Required Before Any Permit Can Be Issued. No permit or other development approval shall be issued on a property subject to a stop work order, notice of violation, or notice of violation and order of abatement as long as the civil code violation or nuisance that is the subject of the stop work order, notice of violation, or notice of violation and order of abatement remains uncorrected, except that the director may issue such permits necessary to correct the violation or permits to preserve life or property.
(Ord. 2-25 § 4 (App. A))
(1) 
A permit is required to repair or replace a failed or substandard OSS and shall comply with the design standards of Chapter 246-272A WAC and this chapter.
(2) 
Repair permits shall expire 90 to 270 days from the date of issue based on assessment of risk to public health such as, but not limited to, surfacing sewage, discharge to ground water, or backing up into a structure.
(3) 
Repair permits may be extended for an additional 90 days if the health officer determines it is warranted. Additional mitigations to reduce risk may be required. Such mitigations may include inspection by an O&M specialist, O&M technician, or designer, or participation in a voluntary compliance agreement pursuant to JCC Title 19.
(4) 
Per Chapter 246-272A WAC, the minimum design flow of an OSS for a primary dwelling unit is 240 gallons per day. A repair or replacement of a residential OSS that was previously designed for less than 240 gpd shall be sized to meet this minimum design standard.
(Ord. 2-25 § 4 (App. A))
(1) 
Application and Permit Transferable. An application and permit are transferable with property ownership.
(2) 
Extension of Time for Pending OSS Permit Application. The health officer may extend the time for action by the applicant for a period not to exceed 180 days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented completion of application requirements. No application shall be extended more than once.
(3) 
Cancellation of Pending OSS Permit Applications. An application shall be cancelled if the applicant fails to submit requested additional information within 12 months of the department's written notice of required information. The applicant shall resubmit a complete application and design with current designer stamp, pay current application fees, and meet the current rules and regulations.
(Ord. 2-25 § 4 (App. A))
(1) 
OSS Permit Expiration.
(a) 
An OSS permit issued under this section shall expire after three years from the date of issuance.
(b) 
An OSS permit may remain valid beyond its expiration date if the property for which the permit has been issued also has an active building permit for the structure that will be connected to the OSS.
(c) 
If the OSS is not installed before the permit expires, a new permit based on standards in effect on the date of the new application is required.
(2) 
Partial Installation. When an OSS has been partially installed as defined by this chapter and the original permit has expired, any future installation of tanks or other components needed to complete the OSS shall require a new permit based on standards in effect on the date of the new application.
(Ord. 2-25 § 4 (App. A))
The health officer may revoke or deny an issued OSS permit or OSS permit application for good cause to protect public health and safety or the environment, including but not limited to the following:
(1) 
Development or continued use of the OSS threatens public health;
(2) 
Misrepresentation or inaccuracy in the construction plan or the permit application;
(3) 
Failure to meet conditions of the permit or the regulations; or
(4) 
Changes or alterations to the site that may negatively impact the functioning of the OSS or reserve area, including but not limited to grading, filling, clearing, or burning operations.
(Ord. 2-25 § 4 (App. A))
(1) 
An operational permit shall be required in the following cases;
(a) 
For privately owned OSS consisting solely of a holding tank;
(b) 
For experimental OSS or OSS for which there is a proprietary product development permit;
(c) 
Pursuant to resolutions adopted by the BOH; or
(d) 
For OSS that the health officer determines poses a significant risk to public health.
(2) 
Application Required. Application for an operational permit shall be submitted on a form approved by the department. Incomplete applications and fees shall be returned to the applicant without further processing or review. To be considered complete, an operational permit application shall satisfy all the requirements of this section and shall have fees paid in full.
(3) 
When an operational permit is required, the health officer shall:
(a) 
Establish conditions of approval of the operational permit which shall be met by the property owner for continued use of the OSS;
(b) 
Update conditions in the operational permit as appropriate as a result of changes to the OSS and its use; and
(c) 
Upon a determination by the department that the OSS is not in compliance with its operational permit, deny or withhold approvals of applications for other permits issued by the department that have been applied for by the property owner.
(4) 
Property owners shall renew their operational permit annually or as otherwise required by the operational permit.
(5) 
A written service contract in a form acceptable by the department shall be in effect between the property owner and an O&M specialist, O&M technician, pumper, or designer to perform the inspections, maintenance, pumping, sampling, monitoring, and any other requirements of the operational permit.
(6) 
The property owner of an OSS which is required to have an operational permit shall be responsible for complying with the conditions of the operational permit and for renewing the operational permit at the required frequency as specified by the operational permit.
(7) 
Failure to comply with the conditions in an operational permit or to renew the operational permit as required by the operational permit is a violation of this chapter and is enforceable under JCC Title 19.
(Ord. 2-25 § 4 (App. A))
(1) 
All OSS shall be designed in accordance with this chapter and Chapter 246-272A WAC.
(2) 
OSS may only be designed by a professional engineer pursuant to Chapter 18.43 RCW, an OSS designer pursuant to Chapter 18.210 RCW, or the health officer pursuant to WAC 246-272A-0230.
(3) 
The health officer may require OSS to comply with applicable DOH department standards and guidance documents for design, installation, and maintenance as currently enacted or as later amended.
(4) 
The health officer may require OSS utilizing a proprietary technology to comply with any and all applicable guidance documents published by DOH or the manufacturer of the proprietary technology.
(5) 
OSS consisting of a conventional gravity SSAS shall not be designed or installed with the infiltrative surface less than 12 inches into original undisturbed soil.
(6) 
OSS soil dispersal components shall be designed at the maximum hydraulic loading rates as specified in Table VIII in WAC 246-272A-0234.
(a) 
Soil dispersal components utilizing a hydraulic loading rate greater than those in Column A of Table VIII in WAC 246-272A-0234 shall be considered reduced in size and may only be approved if:
(i) 
The property owner signs an affidavit on forms approved by the department stating they have been informed of and agree to the risks and limitations associated with a reduced sized soil dispersal component;
(ii) 
The OSS design includes a rationale for the increased hydraulic loading rate; and
(iii) 
The increased hydraulic loading rate may not be combined with other OSS size reductions.
(7) 
JCC § 18.30.180 establishes best management practices for OSS that are located in special aquifer recharge protection areas that are also located in susceptible aquifer recharge areas as designated by JCC § 18.22.310. JCC § 18.30.180 is no longer consistent with the minimum land area requirements of WAC 246-272-0320. Therefore, the following design standards consistent with Chapter 246-272A WAC shall preempt the best management practices of JCC § 18.30.180 as to mitigating nitrogen and bacteria loading:
(a) 
If the property is one acre or larger, the OSS shall not exceed the nitrogen loading limits of Table XII in WAC 246-272A-0320.
(b) 
If the property meets the minimum land area of Table XI in WAC 246-272A-0320:
(i) 
The OSS shall not exceed the nitrogen limits established in Table XII in WAC 246-272A-0320;
(ii) 
If the OSS is located in Type 1 or 2 soils, the OSS shall be designed to treat nitrogen to less than or equal to 30 mg/L prior to final disposal; or
(iii) 
If the OSS is located in Type 3, 4, 5, or 6 soils, the OSS shall be designed with a shallow pressure distribution disposal component, or designed to treat nitrogen to less than or equal to 30 mg/L prior to final disposal if shallow pressure distribution is not feasible.
(c) 
If the property does not meet the minimum land area of Table XI in WAC 246-272A-0320;
(i) 
The OSS shall not exceed the nitrogen limits established in Table XII in WAC 246-272A-0320; and
(ii) 
The OSS shall be designed to treat nitrogen to less than or equal to 30 mg/L prior to final disposal.
(8) 
OSS serving residential sources of sewage shall be sized to comply with the following:
(a) 
An OSS serving one dwelling unit shall be sized at a minimum of 240 gallons per day.
(b) 
An OSS serving a primary dwelling unit and one additional dwelling unit shall comply with the following in addition to the requirements of WAC 246-272A-0230:
(i) 
The primary dwelling shall be sized at a minimum of 240 gallons per day; and
(ii) 
The additional dwelling unit may be sized at a minimum of 120 gallons per day for each bedroom in the dwelling, if:
(A) 
The primary and reserve area are not reduced in size;
(B) 
The reserve area shall be sized to accommodate a replacement OSS sized at a minimum of 240 gallons per day, per dwelling unit;
(C) 
Upon failure of the OSS, the health officer may require the replacement OSS to be sized at a minimum of 240 gallons per day, per dwelling unit; and
(D) 
The property owner signs an affidavit on forms approved by the department stating they have been informed of and agree to the risks and limitations associated with sizing the additional dwelling unit at only 120 gallons per day.
(c) 
Unless otherwise approved by the health officer, an OSS serving three or more dwelling units shall comply with the following in addition to the requirements of WAC 246-272A-0230:
(i) 
The property at which the OSS is located shall meet Table XI in WAC 246-272A-0320;
(ii) 
The primary dwelling shall be sized at a minimum of 240 gallons per day; and
(iii) 
Each subsequent dwelling shall be sized at a minimum of 240 gallons per day.
(d) 
An existing OSS that has additional design capacity beyond its current use may be utilized for an expansion of use, as that term is defined by Chapter 246-272A WAC, only when the existing OSS has hydraulic capacity, sufficient vertical and horizontal separation, an adequate reserve area, and satisfies all other requirements to comply with Chapter 246-272A WAC and this chapter.
(e) 
All residential OSS shall be sized to serve all rooms intended for use as bedrooms or sleeping rooms as specified in WAC 246-272A-0230.
(f) 
In no case shall an OSS be sized for fewer bedrooms than the number of rooms labeled as bedrooms or sleeping rooms such as guest room or bunk room.
(9) 
Reserve Area. At a minimum, an area equal to that required for a 100 percent replacement or repair, completely separate from the primary area, and shall be shown dimensioned on the site plan.
(10) 
Permit application submittal shall comply with Chapter 246-272A WAC, Permit Requirements, and include the following:
(a) 
One copy of the department's "Septic Permit Application Form" providing all identified information. This form shall have the original signature of the property owner or an authorized representative approved by the property owner in writing.
(b) 
Three copies of the design and construction specifications. One copy shall have an original stamp and designer signature with date prepared.
(c) 
One copy of the soil log report submitted on a separate eight-and-one-half-inch by 11-inch sheet(s). The evaluation shall include the date of evaluation and identify the soil evaluator.
(d) 
One copy of the calculations and assumptions supporting the proposed design including all items outlined in the design and construction requirements of subsection (12) of this section.
(e) 
One copy of the following information:
(i) 
Directions to the site.
(ii) 
Identification if the parcel is within the boundaries of a sewer utility.
(iii) 
If connecting to a community OSS provide:
(A) 
The name, location and permit number of the OSS;
(B) 
The name, address and point of contact for the manager of the OSS; and
(C) 
A customer agreement with the management entity that provides a commitment to serve the parcel.
(iv) 
All covenants or easements impacting the OSS or access to the OSS, whether public or private and whether or not recorded.
(v) 
In all cases the easement or covenant shall be secured and recorded prior to final approval of the OSS.
(vi) 
A current monitoring inspection report on a form approved by the department for all existing OSS prepared and filed by an O&M specialist, O&M technician, or designer.
(vii) 
One copy of any special reports applicable to the project, such as geotechnical report or wetland delineation.
(11) 
Design and construction specifications shall include the following items and those required by Chapter 246-272A WAC. This portion of the application shall be no more than 10 pages, 11 inches by 17 inches, unless specifically authorized by the health officer. All sheets shall be at least eight and one-half inches by 11 inches but not more than 11 inches by 17 inches.
(a) 
A complete, detailed, and dimensional site plan including:
(i) 
The date of the design, the designer's seal and the original signature.
(ii) 
An overall plan that represents the entire parcel to scale and identifying the location of the OSS components including a scale bar.
(iii) 
A scaled drawing of the area within 100 feet of the OSS that is at an engineering scale not to exceed one inch equals 50 feet including a scale bar.
(iv) 
The designated and dimensioned areas for the proposed primary OSS and the reserve area.
(v) 
The location of all soil logs and other soil tests for the OSS.
(vi) 
The location of all utilities lines.
(vii) 
The general topography and the percent slope of the site within 100 feet of the OSS and reserve areas.
(viii) 
The location's drainage characteristics.
(ix) 
The location of all existing and proposed encumbrances including legal access documents if any component of the OSS is not on the lot where the sewage is generated.
(x) 
An arrow indicating north on all site plans.
(xi) 
The location of the essential tightline components of the OSS, including all plumbing stub outlets between structures and the septic tank, pump chamber, siphon chamber, and tightline between the septic tank or pump chamber and the distribution network and all drainfield lines.
(xii) 
Identification of all banks, cuts, driveways, foundations, surface or subsurface drains, terraces, waterlines, waters of the state, and wells within 100 feet of the OSS and reserve.
(xiii) 
Identification of the access route or driveway to the OSS.
(xiv) 
A clearly indicated scale on each site plan, including a scale bar.
(xv) 
Identification of all existing structures on the property, including the current use and year built if known.
(xvi) 
Identification if plumbing is present or not in all existing structures on the property.
(b) 
Construction specifications.
(c) 
Vertical cross-section drawings showing:
(i) 
The depth of the disposal component from native grade, the vertical separation, and depth of soil cover;
(ii) 
Septic tank;
(iii) 
Pump tank and its components; and
(iv) 
Monitoring and access ports.
(12) 
Calculations and assumptions supporting the proposed design, including:
(a) 
Soil type;
(b) 
Hydraulic loading rate in the disposal component;
(c) 
The maximum and average daily flow capacity of the OSS and how determined;
(d) 
Source of the sewage including waste strength characteristics; and
(e) 
Where pumps are included, provide friction loss and dynamic head calculations.
(13) 
Nothing herein shall preclude the designer from providing supplemental information regarding the design directly to the client under separate cover.
(14) 
The proposed drainfield location shall be staked in the field for inspection and review unless specifically waived by the health officer or designee.
(15) 
Tanks and chambers shall:
(a) 
Have watertight pumping access ports with secured lids to prevent unauthorized access to ground surface over all compartments and at the outlet and inlet to facilitate inspection and maintenance; and
(b) 
Be set on a self-leveling, stable base.
(16) 
Distribution boxes shall be fitted with risers to grade. Distribution box risers shall be sized adequately to allow visible inspection of liquid level in the box, shall be constructed of durable materials and shall be equipped with secure, tightly fitted lids.
(17) 
When the horizontal separation between a drainfield and a private well or other source of private drinking water cannot maintain 100 feet, it may be reduced to 75 feet when the following is met:
(a) 
The OSS shall be designed and located to prevent sewage from contaminating the well in the event of OSS failure. The design shall consider contours, elevations, other physical constraints.
(i) 
A report by a licensed hydrogeologist may be required if existing information regarding the well does not provide adequate supporting documentation that there is low hydrogeologic susceptibility to contamination;
(b) 
An increase in the level of sewage treatment is proposed; and
(c) 
The proposed disposal component is full sized.
(18) 
When the horizontal separation between a drainfield and a surface water not used as source of drinking water cannot maintain 100 feet, it may be reduced to 75 feet when one or more of the following is met:
(a) 
The OSS is designed and located to prevent sewage from contaminating the surface water in the event of OSS failure. The design shall consider contours, elevations, other physical constraints; or
(b) 
An increase in the level of treatment is proposed.
(19) 
Any waiver application from state or local code shall clearly identify the mitigation(s) proposed in OSS design specifications.
(Ord. 2-25 § 4 (App. A))
(1) 
All commercial OSS as defined in this chapter shall be designed according to the standards of Chapter 246-272A WAC and this chapter.
(2) 
If the ownership of a commercial OSS is by more than one person, a management and operations agreement shall be prepared by the applicant on a form approved by the department, approved by the department, and recorded to the property's title as a covenant running with the land.
(3) 
All individual connections or separate uses within a commercial development shall be equipped with a water meter or other method for monitoring flows to the OSS approved by the health officer.
(4) 
The owner of a commercial OSS shall provide an annual report to the department on or before March 1st of each year. The required annual report shall be signed and verified under oath by declaration on a form approved by the department. The report shall include the following at a minimum:
(a) 
Number of connections to the commercial OSS and each connection's design flow;
(b) 
Copies of inspection reports consisting of the items detailed in JCC § 8.15.150(6) completed per Table 2 of this chapter;
(c) 
Records identifying any maintenance completed on the commercial OSS; and
(d) 
The status of ownership of the commercial OSS, including the names and addresses of all owners of the commercial OSS.
(5) 
Failure to satisfy any requirements of this section is a violation of this chapter, subject to all remedies authorized by this chapter or JCC Title 19.
(Ord. 2-25 § 4 (App. A))
(1) 
All community OSS as defined in this chapter shall be designed in accordance with Chapter 246-272A WAC and this chapter.
(2) 
Management of Community OSS.
(a) 
Management of all community OSS shall be by a public entity as defined by WAC 246-272B-01100 and shall be approved by the department. For the avoidance of doubt, a homeowners' association does not satisfy the requirement in this subsection for the management of a community OSS.
(b) 
The approved management entity shall provide O&M as prescribed by JCC § 8.15.150.
(3) 
A covenant shall be recorded to the property and shall remain in place for the life of the OSS or until the OSS is no longer needed. It shall provide the management entity the following items, including but not limited to:
(a) 
A legal easement allowing access for construction, operation and maintenance, and repair of the OSS; and
(b) 
Identification of an adequate financing mechanism to assure the funding of operation, maintenance, and repair of the OSS.
(4) 
All lots, parcels, and individual connections to a community OSS shall be equipped with a water meter or other approved method for monitoring flows into the community OSS.
(5) 
Sites proposed for community OSS shall conform to the minimum land area requirements of this chapter.
(6) 
All community OSS shall provide an annual report to JCPH including the following at a minimum:
(a) 
Number of connections to the OSS and each connection's design flow.
(b) 
Copies of inspection reports consisting of the items identified on forms provided or approved by the department per JCC § 8.15.150(6) and completed per Table 2 of this chapter.
(c) 
Records identifying all maintenance completed on the community OSS components.
(Ord. 2-25 § 4 (App. A))
(1) 
All land divisions, such as a subdivision, planned rural residential development, boundary line adjustment, binding site plan, lot consolidation, condominium minimization, or other land use developments pursuant to Chapter 18.35 JCC, shall obtain the health officer's review and approval of the proposal in accordance with this section and Chapter 246-272A WAC.
(2) 
All land divisions shall provide proof of adequate sewage disposal in accordance with this chapter and Chapter 246-272A WAC. The proposed method of sewage disposal for the land division shall not expire or be modified without approval from the health officer.
(3) 
Land Division Minimum Land Area Requirements. Unless the proposal is served by a public sewer system, all land divisions shall comply with the minimum land area requirements of this chapter, except:
(a) 
Subdivisions as defined by Chapter 246-272A WAC, where the use of an OSS is proposed, may result in individual lot sizes less than the minimum land area requirements of Table XI in WAC 246-272A-0320 if the average land area of all lots and other common areas within the subdivision meet or exceed the minimum land area requirements of Table XI in WAC 246-242A-0320.
(4) 
Preliminary Review. The following shall be provided by DCD for the department's review at the time of application:
(a) 
A scaled preliminary plan of the proposal showing the layout of the lots and the following features:
(i) 
Location and description of all existing or proposed private or public well(s), including a sanitary control area of 100-foot radius and all water system facilities;
(ii) 
All wells within 100 feet of the project property lines;
(iii) 
Rights-of-way and existing or proposed easements;
(iv) 
Stormwater drainage;
(v) 
Existing structures;
(vi) 
All existing OSS components; and
(vii) 
Soil test pits.
(b) 
A soils report and site plan submitted by an OSS designer:
(i) 
Shows an area for each proposed lot that is suitable for OSS disposal;
(ii) 
Provides a minimum of four test pits, two in the area of the primary drainfield and two in the reserve area to demonstrate adequate soils to support an OSS. Test pits shall be flagged with the lot and test hole number; and
(iii) 
Shows a dimensioned area for the primary and reserve areas based on the soil type.
(c) 
Soil test pits shall be made available for observation by the department and shall be filled in upon completion of review and notification of such by the department.
(d) 
Statements as to the type of potable water supply.
(5) 
Preliminary Approval. All of the following are required to obtain preliminary approval:
(a) 
Department Review and Field Tests Requirement. The department shall review the application and perform field visits;
(b) 
Highest Anticipated Groundwater Table Requirement. The highest anticipated ground water table elevation shall be determined. The health officer may require an evaluation during the months of suspected high water table conditions where less than 18 inches of usable soil is observed;
(c) 
Minimum Lot Size Requirement. Lot sizes shall comply with the minimum land are requirements of this section;
(d) 
Suitable Soils Requirement. Soils suitable for the installation of OSS shall be identified for each lot;
(e) 
Conceptual Design May Be Required. The health officer may require conceptual OSS designs for proposed lots where site or soil conditions are such that construction of an OSS may be challenging;
(f) 
Requirements for Existing Residences or Structures. If existing homes or structures are on any of the proposed lots then the applicant shall demonstrate all of the following:
(i) 
The continued operation of all existing OSS does not pose a threat to public health or groundwater quality by completion of a monitoring inspection. Verification by a designer that the existing OSS has not failed or was not installed in seasonal ground water may be required as determined by the health officer; and
(ii) 
There is an adequate reserve area available for all existing OSS in accordance with this chapter;
(g) 
Preliminary Design Requirement. Where a community OSS or LOSS is proposed as the method of sewage disposal, a preliminary layout design of the OSS shall be submitted to the department, as well as a letter from an approved management entity indicating that they will meet the standards of JCC § 8.15.100.
(h) 
Preliminary Approval Required. Sites utilizing a LOSS shall provide written preliminary approval from DOH prior to the department's preliminary approval; and
(i) 
Water Supply Review Requirement. Details regarding the water supply for each proposed lot shall be identified and described in a format approved by the department.
(i) 
Public water supplies shall be developed consistent with provisions of the Jefferson County coordinated water system plan, resolutions adopted by the BOH, DOH drinking water regulations, Chapters 246-290 and 246-291 WAC, and Ecology's water rights provisions, Chapters 90.03 and 90.44 RCW.
(ii) 
Wells, whether individual or public, shall not encumber adjacent property owners and shall be protected by a sanitary control area of a 100-foot radius. If a sanitary control area of a 100-foot radius cannot be met, evidence of adjacent property owners' written consent shall be submitted to the department. For existing wells, the sanitary control area shall be established by covenant and portrayed graphically on the face of the plat.
(6) 
Additional Information May Be Required. The department may also request the following information from the applicant:
(a) 
All utilities and easements, including water lines and water meters if applicable;
(b) 
Depiction of critical areas, right-of-way or private road easements, and any ditching or other stormwater facilities in the development;
(c) 
An updated drawing of any existing OSS, or detailed on-site work to verify the location of all OSS components, drainage lines, and designated reserve areas; and
(d) 
An updated survey drawing showing the proposed property boundaries in relation to the OSS, drainfield, and reserve areas.
(7) 
To obtain final approval:
(a) 
All conditions of the preliminary approval shall be met;
(b) 
The locations of test pits used for the preparation of the soils report and the features identified in subsections (4) and (5) of this section shall be portrayed on the final plat;
(c) 
The locations of all existing OSS components shall be portrayed on the final plat;
(d) 
The locations of all existing structures shall be portrayed on the final plat;
(e) 
The land area of each lot shall be portrayed on the final plat;
(f) 
Evidence shall be provided showing that all private wells meet the water quantity and quality requirements necessary to serve the needs of the proposed subdivision;
(g) 
All water supplies, water lines, and water meters shall be developed and extended to each lot proposed in the development; and
(h) 
All easements and covenants regarding OSS and water supply shall be recorded and shown on the face of the plat.
(Ord. 2-25 § 4 (App. A))
(1) 
Initial Inspection. An initial inspection by the health officer shall be conducted to verify soil and site conditions for the proposed design unless expressly waived by the health officer.
(2) 
Health Officer Inspection During Construction. The health officer may make inspections during construction to determine compliance with this chapter.
(3) 
Responsibility of the Installer. It shall be the responsibility of the installer of the OSS to notify the designer for inspections as specified in the design or in permit conditions.
(4) 
It shall be the responsibility of the installer of the OSS to submit an installation notification to the department within one working day prior to starting OSS construction on a form approved by the department. The installer shall leave the OSS uncovered until the end of the following business day entered on the installation notification submitted to the department.
(5) 
Final Inspection.
(a) 
A pre-cover inspection shall be conducted on all OSS by the designer of record or other licensed designer where that person is taking responsibility to certify the OSS installation.
(b) 
For pumped, pressurized, or proprietary OSS:
(i) 
The designer shall be responsible for all inspections during the construction of the OSS;
(ii) 
Washington State Department of Labor and Industries (L&I) inspection and approval is required for all electrical components associated with an OSS. Verification of L&I approval is required. If a L&I inspection sticker is not present on site, the designer shall obtain a copy of the inspection report directly from L&I;
(iii) 
A record drawing, construction report, and certificate of OSS installation shall be submitted to the department prior to requesting a final inspection from the department; and
(iv) 
The designer shall contact the department and schedule a final inspection and pressure test of the OSS after all hold conditions of the permit are satisfied and the construction report and record drawing have been submitted.
(c) 
The designer of record or other designer where that person is taking responsibility to certify the OSS installation shall submit a record drawing of the OSS installation, including the items specified in this section.
(d) 
No part of any OSS installation shall be put into use until final approval has been obtained from the health officer.
(6) 
Partial Installation Requirements. Partial installation may be allowed and shall be subject to all of the following requirements and limitations:
(a) 
Installation shall take place prior to the expiration date of the permit;
(b) 
The health officer shall be notified of the intent to install the OSS as described in this section;
(c) 
At a minimum the treatment and disposal components shall be installed;
(d) 
The OSS shall be vested only for the portions that are installed;
(e) 
The OSS shall be subject to review at the time of building permit for a structure to use the OSS under JCC § 8.15.060(2);
(f) 
A progress report shall be submitted by the designer of record or other designer where that person is taking responsibility to certify the OSS installation. The progress report shall provide details on what was installed and shall be accompanied by a drawing locating the components that were installed prior to the expiration of the permit; and
(g) 
An additional inspection and permit from the department, with appropriate fees, may be required for the OSS to receive final approval from the health officer.
(7) 
Final Approval Requirement. Final approval of OSS by the health officer can be made only after all of the following requirements have been satisfied:
(a) 
Satisfactory inspection of the installed OSS by the department;
(b) 
Receipt by the department of the record drawings and construction report;
(c) 
Receipt of the property owner operations and monitoring manual; and
(d) 
Compliance with all conditions of the permit.
(8) 
Corrections May Be Required. If installation or workmanship of the OSS does not meet the requirements of this chapter or conditions of the permit, the health officer shall order corrections that may result in additional inspections.
(9) 
Designer Inspections. Nothing contained herein shall prohibit the designer of record from requiring additional designer-performed inspections to ensure compliance with the design and the requirements of this chapter.
(10) 
Record Drawings.
(a) 
After installation of the OSS has been completed, a scaled and dimensional record drawing of the OSS shall be prepared by a designer on forms approved by the department.
(b) 
The record drawing shall include all of the following:
(i) 
Location of all OSS components;
(ii) 
Building footprints, uses, and existence of plumbing;
(iii) 
Surface waters, springs, wells;
(iv) 
Ditches, curtain drains, foundation drains, stormwater components, etc.;
(v) 
Designer's stamp, original signature, and date of installation;
(vi) 
A dimensioned reserve area;
(vii) 
North direction indicated;
(viii) 
Driveways;
(ix) 
Water lines;
(x) 
Location of utility or other easements;
(xi) 
Cuts, banks, terraces;
(xii) 
Parcel and lot lines;
(xiii) 
For repaired or altered OSS, the new, repaired or altered components with their relationship to the existing OSS; and
(xiv) 
Other pertinent information as required by the department.
(11) 
The designer shall provide to the property owner:
(a) 
One copy of the property owner operations and monitoring manual; and
(b) 
The record drawing of the completed OSS with the operational settings and installation data.
(12) 
Building Certificate of Occupancy Issuance. Prior to issuance of the building certificate of occupancy, the OSS serving the building must first receive final approval from the health officer. The health officer may require a new inspection of an OSS that previously received final approval if the OSS is not current with its O&M requirement as prescribed in Table 2 of this chapter. The inspection shall be from a certified O&M specialist, O&M technician, or designer confirming the condition and settings of the OSS are consistent with the record drawing and construction report on file.
(Ord. 2-25 § 4 (App. A))
All persons who perform work such as construction, repair, replacement, adjustment, modification, improvement, or decommissioning of an OSS shall be required to possess the proper certificate or authorization as required in JCC § 8.15.120 (Sewage pumper), 8.15.130 (O&M specialist and O&M technician), 8.15.140 (OSS installer), 8.15.145 (Homeowner inspection authorization), and 8.15.150 (Operation and monitoring).
(Ord. 2-25 § 4 (App. A))
(1) 
Certificate Required. A sewage pumper certificate grants authority to a person to engage in pumping any septic tank, pump chamber, chemical toilet, or removing other accumulations of sewage. The person holding the sewage pumper certificate for a firm or corporation shall be the pumper of record. It shall be unlawful for any person to engage in the activity of pumping any septic tank, pump chamber, chemical toilet, or removing other accumulations of sewage without first having obtained a sewage pumper certificate from the health officer.
(2) 
A sewage pumper certificate shall not be transferable.
(3) 
Application for Certificate.
(a) 
General Requirements.
(i) 
Application shall be made on forms provided by the department;
(ii) 
Bond Required. The applicant must post a bond with the department on a form approved by the prosecuting attorney of Jefferson County, and executed by a surety company authorized to do business in the state of Washington, in the sum of $2,000; and
(iii) 
Satisfactory pump tank inspection.
(b) 
Pump Tank Requirements. Pumping equipment shall be presented to the department for inspection at the time of certificate application or upon request of the health officer.
(i) 
The pump tank shall be of sufficient capacity and shall be in good repair and of cleanable construction;
(ii) 
All hoses and pumping equipment shall be kept in a clean and sanitary condition while stored or in transit;
(iii) 
All discharge valves shall be in good repair, free from leaks, and be fitted with watertight caps; and
(iv) 
The name of the pumping company shall be prominently displayed on the sides of the vehicle.
(4) 
Renewal of Certificate. Application is required annually for certificate renewal. All certificate renewal applications, along with the required bond, proof of continuing education, and renewal fee shall be submitted to the department by March 1st.
(a) 
Each pumper of record shall obtain a minimum of eight education contact hours of approved classroom training every two years. Courses shall be approved by the health officer and pertain to on-site sewage treatment and disposal. Proof of training shall be submitted annually with application for renewal.
(b) 
Certificates shall not be renewed if the applicant is found to be out of compliance with or in violation of the requirements of this chapter.
(c) 
If a sewage pumper certificate lapses or becomes void for greater than 30 days, the certificate may not be renewed. The person whose certificate has lapsed or become void may apply for a new certificate in the same manner as a new applicant.
(5) 
Scope of Practice. A sewage pumper may perform work as defined in Table 1 of this chapter.
(6) 
Reporting Requirements.
(a) 
The sewage pumper shall report failure of an OSS to the department within 24 hours of first identifying the failure.
(b) 
Each sewage pumper shall submit a pumping report to the department in an approved format within 30 days of service. The report shall contain:
(i) 
The dates, sources, disposal site, disposal receipts, and volume sewage handled; and
(ii) 
Each sewage pumper shall list portable toilet locations, the frequency of service, and the disposal location in a monthly report.
(c) 
Each sewage pumper shall complete a tank pumping report at each site where a holding tank, septic tank or pump chamber is serviced. Tank pumping reports shall be submitted in the format and manner prescribed by the department. Reports shall include at a minimum the following information:
(i) 
Measured depth of scum and sludge in the septic tank and pump chamber, if present;
(ii) 
Condition of tanks, baffles, risers, screens;
(iii) 
Signs of backflow from drainfield;
(iv) 
Signs of ground water infiltration into tank; and
(v) 
All maintenance completed at time of pumping service.
(d) 
By submitting these reports, the sewage pumper shall verify in an unsworn declaration that they have performed inspection of the items under this section and accurately reported the results.
(7) 
Septage Disposal Site Approval. It shall be unlawful to dispose of sewage at any location other than disposal sites designated and approved by Ecology.
(8) 
Temporary Storage of Septage. If a pumper uses a tanker, other than a pump truck, to temporarily store sewage for transport, the pumper shall develop and maintain a spill response procedure manual, submit a site plan of the property, provide a document of approval from the property owner, and meet any approval requirements from DCD. Transport tankers shall meet the requirements for pump tanks contained in JCC § 8.15.120(3)(b). A stationary tank, not licensed to travel on the road, shall require a permit that meets all requirements of Chapter 246-272A WAC.
(9) 
Access risers and monitoring ports shall be secured against tampering and accidental access prior to leaving a site where a tank has been serviced or inspected.
(10) 
The department reserves the right to observe and audit the activities of certificate holders.
(11) 
Suspension and Revocation. A sewage pumper certificate may be revoked or suspended as set forth in JCC § 8.15.180 if they have been found to be in noncompliance with the terms of this chapter or have performed with negligence, incompetence, or misrepresentation.
(Ord. 2-25 § 4 (App. A))
(1) 
Certificate Required. An O&M specialist and O&M technician certificate grants authority to a person to inspect, report inspection findings, and perform specified maintenance and minor repairs to an OSS as defined in this section. It shall be unlawful for any person to engage in any O&M inspection without first having been issued an O&M specialist or O&M technician certificate by the health officer, except as identified in JCC § 8.15.150.
(2) 
An O&M specialist and O&M technician certificate shall not be transferable.
(3) 
Application for Certificate.
(a) 
Requirements for O&M specialist certificate shall include the following:
(i) 
Application shall be made on a form approved by the department;
(ii) 
Bond Required. The applicant shall be in possession of a bond obtained in accordance with the special or general contractors laws of the state of Washington;
(iii) 
Provide proof of business liability insurance in the minimum amount of $500,000;
(iv) 
Written proof showing a minimum of one year of experience under the direct supervision of a certified O&M specialist, certified installer, designer or other experience as approved by the health officer. Completion of classroom training specific to OSS O&M as approved by the department may be substituted for up to six months of work experience;
(v) 
Written proof of completion of a minimum of 16 education contact hours. Courses shall be approved by the health officer and pertaining to on-site sewage treatment and disposal; and
(vi) 
Pass a written examination to verify the applicant's knowledge of the operation and monitoring requirements, both herein and in Chapter 246-272A WAC, for OSS, excepting those proprietary devices requiring authorization from the system manufacturer, patent holder, or trademark holder.
(b) 
Requirements for O&M technician certificate shall include the following:
(i) 
Application shall be made on a form approved by the department;
(ii) 
The applicant shall be in possession of a bond obtained in accordance with the special or general contractors laws of the state of Washington;
(iii) 
Provide proof of business liability insurance in the minimum amount specified by the department's fee schedule;
(iv) 
Written proof showing a minimum of six months' experience under the direct supervision of a certified O&M specialist, certified installer, designer, or other experience as approved by the health officer. Completion of classroom training specific to OSS O&M as approved by the department may be substituted for up to three months' work experience;
(v) 
Written proof of completion of a minimum of 16 education contact hours. Courses shall be approved by the health officer and pertaining to on-site sewage treatment and disposal; and
(vi) 
Pass a written examination to verify the applicant's knowledge of the operation and monitoring requirements, both herein and in Chapter 246-272A WAC, for OSS, excepting those proprietary devices requiring a special authorization from the system manufacturer, patent holder, or trademark holder.
(4) 
Renewal of Certificate. Application is required annually for certificate renewal. All certificate renewal applications, along with the required bond, proof of insurance, renewal fee, and verification of continuing education, shall be submitted to the department by March 1st.
(a) 
Continuing Education. Each O&M specialist and O&M technician shall obtain a minimum of eight education contact hours of approved classroom training every two years. Courses shall be approved by the health officer. Proof of training shall be submitted annually with application for renewal.
(b) 
The certificate shall not be renewed if the applicant is found by the health officer to be out of compliance or in violation of any requirement in this chapter.
(c) 
If an O&M specialist or O&M technician certificate lapses or becomes void for greater than 30 days, the person may not renew their certificate. The person shall comply with all requirements of this section in the same manner as a new applicant.
(5) 
Scope of Practice.
(a) 
The O&M specialist may perform work as defined in Table 1 of this chapter on all OSS types.
(b) 
The O&M technician may perform work as defined in Table 1 of this chapter only if the OSS is a gravity or pump to gravity OSS. When under the direct supervision of an O&M specialist, OSS installer, or designer the O&M technician may perform work on all OSS.
(c) 
For proprietary products that require O&M by an authorized person, an O&M specialist shall not monitor or maintain these products unless they have obtained written authorization from the manufacturer, trademark, or patent holder.
(6) 
Reporting Requirements.
(a) 
The O&M specialist or O&M technician shall report failure of an OSS to the department within 24 hours of first identifying the failure.
(b) 
The O&M specialist or O&M technician shall submit inspection reports to the department in an approved format within 30 days following the inspection.
(c) 
By submitting the report, the O&M specialist or O&M technician shall verify in a declaration under oath that they have performed and accurately reported current OSS conditions.
(d) 
At a minimum, the inspection shall include a site visit and a visual inspection of all tanks, pump basins, treatment units, disposal area and other components of the OSS as detailed on the record drawing or site plan on record.
(e) 
An updated site plan shall be submitted by the O&M specialist or O&M technician when the certified person identifies new sources of sewage, site conditions have changed that may alter the functionality of the OSS, or as requested by the health officer.
(f) 
Maintenance items and activities completed, including those listed in Table 1 of this chapter and WAC 246-272A-0010, shall be reported on an inspection report to the department in an approved format within 30 days of completion.
(7) 
Access risers and monitoring ports shall be secured against tampering and accidental access prior to leaving a site where an OSS has been serviced or inspected.
(8) 
The department reserves the right to observe and audit activities of certificate holders.
(9) 
Suspension and Revocation. An O&M specialist and O&M technician certificate may be revoked or suspended as set forth in JCC § 8.15.180 if they have been found to be in noncompliance with the terms of this chapter or have performed with negligence, incompetence or misrepresentation.
(Ord. 2-25 § 4 (App. A))
(1) 
Certificate Required. It shall be unlawful for any person to engage in construction, alteration, repair, modification, or decommissioning of OSS without first having been issued an OSS installer certificate by the health officer.
(2) 
An OSS installer certificate grants authority to install and decommission any OSS approved for use in Jefferson County, except in the case of a proprietary product where a special authorization, in writing, is required by the manufacturer or patent holder.
(3) 
An OSS installer, or site installer as defined in this chapter, shall be present on the site during all phases of OSS installation.
(4) 
An OSS installer certificate shall not be transferable.
(5) 
Application for Certificate.
(a) 
Requirements for OSS installer certificate shall include the following:
(i) 
Application shall be made on forms provided by the department.
(ii) 
Bond Required. The applicant shall be in possession or work under direction of an individual in possession of a bond obtained in accordance with the special or general contractors laws of the state of Washington running to the department on a form approved by the department in the sum of $20,000 and executed by a surety company duly authorized to do business in the state of Washington. The bond shall be conditioned that the holder of the certificate and their agents, in performing work governed by this chapter, shall exercise all reasonable care and skill and shall comply with all the terms and conditions of this chapter. The bond shall be kept in effect during the period of time for which the certificate is issued and cancellation of the bond shall automatically suspend the certificate. The bond shall run for a period of 36 months following termination of the certificate.
(iii) 
Insurance Required. The applicant shall be in possession or work under direction of a person in possession of business liability insurance in the minimum amount of $500,000 in accordance with the special or general contractors laws of the state of Washington; except, site installers working for or under the direction of a general contractor who is also a certified installer may have this requirement waived if the general contractor provides a written statement indicating their assumption of responsibility for the person's work, and agreement to coverage of the person by the general contractor's bond and liability insurance.
(iv) 
Written proof showing a minimum of one year of experience under the direct supervision of an installer or designer. Written proof shall include a description of the OSS types, number of OSS installed, and the type of work performed. Completion of classroom training specific to OSS installation as approved by the department may be substituted for up to six months of work experience.
(v) 
Written proof of completion of a minimum of 16 education contact hours. Courses shall be related to design or installation and approved by the health officer.
(vi) 
Pass a written examination approved by the health officer to verify the applicant's knowledge of the proper installation and function of OSS and knowledge of the requirements of this chapter and Chapter 246-272A WAC.
(6) 
Renewal of Certificate. Application is required annually for certificate renewal. All certificate renewal applications, along with the required bond, proof of insurance, renewal fee, and verification of continuing education, shall be submitted to the department by March 1st.
(a) 
Continuing Education. Each installer shall obtain a minimum of eight education contact hours of approved classroom training every two years. Proof of training shall be submitted annually with application for certificate renewal. Courses shall be approved by the health officer.
(b) 
The certificate shall not be issued or renewed if the applicant is found by the health officer to be out of compliance or in violation of any requirement of this chapter.
(c) 
If an installer certificate lapses or becomes void for greater than 30 days, the person may not renew their certificate. The person shall comply with all requirements of this section in the same manner as a new applicant.
(7) 
O&M and minor repair items, including those listed in Table 1 of this chapter and Chapter 246-272A WAC, shall be reported on an inspection report to the department in an approved format.
(8) 
An OSS installer shall report failure of an OSS to the department within 24 hours of first identifying the failure.
(9) 
Exception. An OSS installer certificate is not required for a resident owner OSS installation under the following circumstances:
(a) 
The resident owner does not contract out, or use any other person to install the OSS, paid or unpaid, unless that person is in possession of an installer certificate;
(b) 
The resident owner installs the disposal and nonproprietary treatment components, unless otherwise approved by the health officer; and
(c) 
The resident owner installs no more than one OSS in a calendar year.
(10) 
A resident owner may not install the OSS and its components, unless otherwise approved by the health officer, if the OSS location or site conditions meet any of the following:
(a) 
Has horizontal or vertical separations less than required in Chapter 246-272A WAC;
(b) 
Receives commercial sewage as defined in Chapter 246-272A WAC;
(c) 
Is permitted as a nonconforming repair;
(d) 
Is within 200 feet of surface water, as measured from the ordinary high-water mark;
(e) 
Is within a wetland buffer and any applicable setbacks;
(f) 
Is in a 100-year floodplain, as defined by the Federal Emergency Management Agency; or
(g) 
Has a proprietary treatment product.
(11) 
Access risers and monitoring ports shall be secured against tampering and accidental access prior to leaving a site.
(12) 
The department reserves the right to observe, audit, or inspect the OSS and related activities of OSS installer certificate holders.
(13) 
Suspension/Revocation. An OSS installer certificate may be revoked or suspended as set forth in JCC § 8.15.180 if they have been found to be in noncompliance with requirements of this chapter or has performed with negligence, incompetence or misrepresentation.
(Ord. 2-25 § 4 (App. A))
(1) 
Inspection Authorization Required. A property owner may complete monitoring inspections required in this chapter for the OSS types and at the frequency identified in Table 2 after receiving a homeowner inspection authorization from the health officer.
(a) 
Authorization allows the property owner to inspect an eligible OSS serving a residential structure on property that they own. See subsection (3) of this section for exceptions.
(b) 
Authorization for properties that include a commercial activity may be considered based on factors including but not limited to waste strength, use of hazardous materials, proximity to surface water, and others as determined by the health officer.
(c) 
At the time of authorization, a property owner shall register for each OSS where they will be conducting an inspection.
(d) 
A homeowner inspection authorization is issued to a specific individual and a specific OSS and shall not be transferable to other persons or property.
(e) 
Reauthorization is required for a new property or new OSS on the property.
(2) 
Requirements for a homeowner inspection authorization shall include all of the following:
(a) 
Homeowner inspection acknowledgement shall be made on forms approved by the department and shall specify the OSS to be inspected.
(b) 
Documentation showing satisfactory completion of the department's approved training shall include:
(i) 
Basics of OSS O&M; and
(ii) 
How to conduct an O&M inspection and report the results.
(c) 
Take and pass an examination approved by the department to verify the applicant's knowledge of OSS operations and monitoring.
(3) 
Exceptions. An immediate family member may apply to perform the monitoring inspection and submit the report for an eligible OSS owned by a person who cannot perform the inspection on their own.
(a) 
The OSS owner shall sign the form and acknowledgment that they are responsible for the inspection.
(b) 
The OSS owner and the person who performs the inspection shall complete the approved training.
(4) 
The homeowner inspection authorization shall not authorize the holder of that authorization to:
(a) 
Repair an OSS of which they are not a resident owner; or
(b) 
Inspect or maintain a proprietary product that requires O&M by a manufacturer authorized person, unless they provide written documentation from the manufacturer that they have received training and are authorized to complete inspections and maintain the specific product.
(5) 
The homeowner inspector shall report failure of an OSS to the department within 24 hours of first identifying the failure.
(6) 
Monitoring inspection reports shall be submitted by the homeowner inspector to the department within 30 days following the inspection.
(7) 
The reports shall be submitted in a format and manner prescribed by the department.
(8) 
The department reserves the right to observe, audit, or inspect the OSS and related activities of homeowner inspectors authorized to complete inspections under this section.
(9) 
Suspension/Revocation. A homeowner inspection authorization may be suspended or revoked as set forth in JCC § 8.15.180 if they have been found to be in noncompliance with the terms of this chapter or have performed with negligence, incompetence or misrepresentation.
(Ord. 2-25 § 4 (App. A))
(1) 
All certificate or authorization holders are subject to established department audit requirements.
(2) 
Suspension of Certificate or Authorization.
(a) 
After a hearing, the health officer may suspend any certificate or authorization of any person upon making the determination that the person has not performed as required by the terms of their certificate or authorization, or has made fraudulent misrepresentation in making application pursuant to this chapter.
(b) 
The health officer shall give written notice of the hearing to any person aggrieved who has filed a written complaint with the health officer and the affected certificate or authorization holder.
(c) 
For the first suspension under this subsection by certificate or authorization holders, the suspension period shall not exceed 30 days; and the second violation in any three-year period shall result in a suspension of the certificate or authorization for a period not less than 15 days and not to exceed 180 days.
(d) 
For inspections completed by authorized homeowner inspectors, falsely or inaccurately completed inspections shall not be accepted and may result in suspension of authorization. Reinspection may be required by a certified O&M specialist or O&M technician. Next required inspection shall be completed by certified O&M specialist or O&M technician.
(3) 
Revocation of Certificate or Authorization.
(a) 
A certificate or authorization may be revoked for repeated violation of any of the requirements of this chapter or any other applicable regulation or if, after a hearing with the BOH, the holder of such certificate or authorization shall be found grossly incompetent or negligent, or to have made fraudulent misrepresentations in making application for a certificate or authorization, or should the bond or insurance required herein be canceled.
(b) 
The health officer shall give written notice of the hearing to any person aggrieved who has filed a written complaint with the health officer and the affected certificate or authorization holder.
(c) 
The third notice of violation issued by the department within any 12-month period shall be considered as repeated violations and result in certificate or authorization revocation.
(d) 
If the BOH revokes a certificate or authorization, the holder shall not proceed with any further work in connection with the activity covered by the certificate or authorization.
(e) 
The certificate or authorization holder shall be notified by certified mail of revocation of the certificate or authorization, upon determination of a finding that a violation has occurred requiring revocation.
(f) 
If, after revocation of a certificate or authorization, the applicant desires to reapply for a certificate or authorization, the applicant shall wait six months prior to reapplication. Any person whose certificate or authorization has been revoked shall be required to pay all applicable fees and take and pass the written examination again before issuance of a new certificate.
(4) 
Reinstatement of Suspended or Revoked Certificate or Authorization.
(a) 
The certificate or authorization holder shall make written application for reinstatement to the department specifying what practices, performance, and conditions that were named as grounds for suspension or revocation have been remedied; and the certificate or authorization holder shall provide a description of the changes in performance that will occur to avoid the repetition of past violations.
(b) 
The department, upon determining that noted deficiencies have been satisfactorily addressed, shall reissue the certificate or authorization to the individual after successful completion of the application and testing procedure and payment of applicable fees.
(5) 
Probation. A period of probation consisting of additional reporting or inspection requirements may be imposed on a certificate or authorization holder as a result of violations of this chapter or as a condition of operation following suspension or revocation of a certificate or authorization. Said period and requirements shall be the decision of the health officer and shall be determined after an administrative hearing with the certificate holder.
Table 1. Scope of Work
Certificate or Authorized Person
Work Item
Pumper
O&M Technician
O&M Specialist
Installer
Resident Owner
Measuring levels of sludge, scum and liquid in OSS components
yes
yes
yes
yes
yes
Clean screens
yes
yes
yes
yes
yes
Visual evaluation of OSS components
yes
yes
yes
yes
yes
Inspect and report the condition of OSS components, monitoring ports and the surface above the drainfield/disposal area
yes
yes
yes
yes
yes1
Record information such as: cycle/dose counter, operating hour meters, or water meters
yes
yes
yes
yes
yes1
Expose portions of OSS for updated site plan
no
yes
yes
yes
yes
Hydro jetting
yes
yes
yes
yes
no
Excavate for jetting
yes
yes
yes
yes
yes
Pump any tank/pump chamber
yes
no
no
no
no
Repair or replace UV light units
no
no
yes
yes
no
Repair or replace components of a proprietary treatment unit
no
no
yes2
yes2
no
Decommissioning
no
no
no
yes
no
Repair or replace tightline or cleanouts
no
yes
yes
yes
yes
Repair or replace access or inspection ports
no
yes
yes
yes
yes3
Excavate to install sweeps or end caps
no
no
yes
yes
no
Install and repair septic tank lids, risers and baffles
yes
yes
yes
yes
yes
Install and repair distribution box risers
yes
yes
yes
yes
yes
Install or adjust flow distribution devices in a distribution box
no
yes
yes
yes
no
Replacing/repairing existing D-Box/splitter device
no
yes
yes
yes
no
Replace or repair manifolds with same configuration
no
no
yes
yes
no
Replace or repair manifolds with different configuration
no
no
yes5
yes5
no
Adjust flow in a manifold
no
no
yes
yes
no
Replace pumps with same specifications as existing pump
no
yes
yes
yes
no
Replace floats
no
yes
yes
yes
no
Test high-level alarm
no6
yes
yes
yes
yes1
Replace electrical panels
no
no
no
no4
no
Alter cycle/dose counters or operating hour meters
no
no
yes5
yes
no
Collect samples for waste-strength sampling
no6
no6
yes
no6
no
1 If authorized homeowner inspector.
2 If authorized by proprietary product manufacturer.
3 Resident owners may not perform work non-proprietary product portions of the OSS.
4 Unless approved by Washington State Labor and Industries requirements.
5 Requires the department's approval prior to altering.
6 Unless otherwise approved by the department.
(Ord. 2-25 § 4 (App. A))
(1) 
Responsibility of the Property Owner. The property owner of every property served by an OSS, and each person with access to deposit materials in the OSS, shall use, operate, and maintain the OSS to eliminate the risk to the public associated with improperly treated sewage. Every property owner shall:
(a) 
Comply with the conditions stated on the on-site sewage permit;
(b) 
Employ a pumper to remove the septage from the tanks when the level of solids and scum indicates that removal is necessary. The septic tank shall be pumped when the total amount of solids equals or exceeds one-third the volume of the tank. The pump and siphon chamber shall be pumped when solids are observed;
(c) 
Comply with the OSS's designed capacity for treatment and disposal;
(d) 
Not deposit solid, hazardous waste, or chemicals other than common household cleaners in the OSS;
(e) 
Not deposit waste or other material that causes the effluent entering the drainfield to exceed the parameters of residential waste strength;
(f) 
Not build any structure in the OSS area or reserve area without express, prior consent of the health officer;
(g) 
Neither place nor remove fill over the OSS or reserve area without express, prior consent of the health officer;
(h) 
Not pave or place other impervious cover over the OSS or reserve area;
(i) 
Divert drains, such as footing or roof drains, away from the area of the OSS;
(j) 
Provide O&M and needed repairs to promptly return the OSS to a proper operating condition. They shall obtain permits where required by this chapter;
(k) 
Ensure that all O&M is performed by an authorized person and reported to the department in the prescribed time frame and approved format;
(l) 
Not dispose of excess food waste via a garbage disposal;
(m) 
Not drive, park, store vehicles, or other equipment over the drainfield or reserve area;
(n) 
Not allow livestock access to the OSS area or reserve area;
(o) 
Comply with WAC 246-272A-270; and
(p) 
Complete monitoring inspections for any eligible OSS serving a property they own at the frequency identified in Table 2 after meeting the requirements of JCC § 8.15.145.
(2) 
Breach of Property Owner Requirements Under This Chapter. A property owner's or occupier's failure to fulfill any of the requirements in subsection (1) of this section shall be a basis for a notice of violation and for the health officer to decline to issue approval for further development on the parcel.
(3) 
The health officer shall be responsible to make available written guidance on the proper O&M of the OSS to the property owner. Information shall be made available to the public by the department.
(4) 
The health officer shall be responsible to retain access to monitoring information submitted to the department according to the records retention schedule for review by property owner or interested parties.
(5) 
Certificate or Authorization Required for O&M.
(a) 
It shall be unlawful for any person other than the department, to engage in any monitoring inspection required under this chapter without holding:
(i) 
A valid certificate from the department;
(ii) 
A valid license from the Washington Department of Licensing to design OSS pursuant to Chapter 18.210 RCW;
(iii) 
A professional engineer pursuant to Chapter 18.43 RCW; or
(iv) 
A valid homeowner inspection authorization for a specific property or properties.
(6) 
OSS Inspection Requirements.
(a) 
The property owner shall assure that the OSS receives a complete evaluation of the OSS components and property to determine functionality, maintenance needs and compliance with this chapter and any permits:
(i) 
At least once every three years for all OSS consisting solely of a septic tank and gravity drainfield;
(ii) 
Annually for all other OSS unless more frequent inspections are specified by this chapter or the local health officer.
(b) 
OSS in Jefferson County shall be inspected at the identified frequency by an approved monitoring entity that meets the standards in Table 2 or JCC § 8.15.145 when and where applicable.
(c) 
Annual monitoring inspection by a O&M specialist, O&M technician, or designer is required for an OSS that:
(i) 
Receives sewage of greater than residential strength;
(ii) 
Receives sewage from a food-service establishment;
(iii) 
Includes an aerobic treatment unit, proprietary treatment unit listed by DOH or drip irrigation as a component of the OSS; or
(iv) 
Receives sewage from properties used as a short-term rental.
(d) 
For all OSS identified by the health officer as required to conduct annual waste-strength sampling, samples shall be collected by an approved person as shown in Table 1 of this chapter.
(e) 
Inspection by an O&M specialist, O&M technician, designer, or the department is required:
(i) 
For community OSS;
(ii) 
For OSS serving commercial enterprises unless authorization is granted to the property owner for a specific OSS;
(iii) 
At the time of sale or transfer of a property title, except if there is a monitoring inspection on file by an O&M specialist, O&M technician, or designer in compliance with the inspection frequency identified in subsection (6)(a) of this section. The monitoring inspection report shall be on file with the department prior to the sale or transfer;
(iv) 
At the time of application for a building permit that:
(A) 
Includes a new connection to an OSS;
(B) 
Is an expansion as defined by Chapter 246-272A WAC;
(C) 
Includes the addition of plumbing fixtures; or
(D) 
May result in encroachment on OSS components including the reserve area;
(v) 
At the time a structure such as an RV, yurt, tiny house, cabin, or other unit that generates sewage is replaced with a new structure; or
(vi) 
At the time of application for other land use or governmental actions, including but not limited to:
(A) 
Land divisions where an existing OSS is part of the proposal;
(B) 
Conditional use permits; or
(C) 
Boundary line adjustments where an existing OSS is part of the proposal.
(f) 
Where there are no county records regarding the type, size, location and other applicable information on an OSS, a site plan identifying the tank location and other components shall be completed by an O&M specialist, O&M technician, or designer and submitted to the department prior to any inspection by a homeowner holding an inspection authorization.
(g) 
Fees for inspections and O&M contracts shall be set by the service provider.
(h) 
The health officer may require more frequent inspections for OSS where a problem has been identified.
(i) 
Multiple Requirements. If the manufacturer, patent holder, state, department, or any other relevant body have differing recommendations or requirements for O&M intervals for an OSS or any component of the OSS, then the property owner shall follow the most frequent service interval.
(7) 
O&M Access Requirements. The owner of the OSS shall provide access to the OSS for inspection and O&M as follows:
(a) 
Septic Tank. Septic tanks shall be fitted with watertight pumping access risers to the ground surface over both compartments and over the inlet, outlet, and every baffle. The risers shall have a means to lock or secure the lid against tampering and accidental access.
(b) 
Pump Chamber. Pump chambers shall have a watertight riser to ground surface over the pump. The riser shall have a means to lock or secure the lid against tampering and accidental access.
(c) 
Proprietary Devices and Disinfection Equipment. Access shall be provided as determined by the manufacturer or patent holder and shall include access to ground surface for effluent sample collection, observation and inspection of the unit.
(d) 
Distribution Boxes, Splitters, and Manifolds. If the location is known, access shall be provided to distribution boxes, splitters, and manifolds as to allow inspection and to determine functionality of the component. Access shall be in the form of a watertight riser to the ground surface. The risers shall have a means to lock or secure the lid against tampering and accidental access.
(8) 
Inspection Report. The inspection report shall be submitted in a format and manner prescribed by the department. The inspection report form shall be completed in full and available for viewing on the reporting website for an inspection to be considered valid.
Table 2: Frequency of O&M Inspection Requirements
Conventional Gravity – No Pump
Conventional w/Pump, Pressure Distribution, Mound, Sandfilter, Other Public Domain Technology
Aerobic Treatment Unit (ATU), Proprietary Device
Time
Frequency of Inspection – Every 3 Years
Frequency of Inspection – Every Year
Frequency of Inspection – Every Year
OSS1 Not Within Risk Category2
OSS1 Is Within Risk Category2
OSS1 Not Within Risk Category2
OSS1 Is Within Risk Category2
All Sites
Year 1
N/A
N/A
HO or OM or DES
OM or DES
3OM or DES
Year 2
N/A
N/A
HO or OM or DES
HO or OM or DES
3OM or DES
Year 3
HO or OM or DES
HO or OM or DES
HO or OM or DES
HO or OM or DES
3OM or DES
Year 4
N/A
N/A
HO or OM or DES
OM or DES
3OM or DES
Year 5
N/A
N/A
HO or OM or DES
HO or OM or DES
3OM or DES
Year 6
HO or OM or DES
OM or DES
OM or DES
HO or OM or DES
3OM or DES
Year 7
N/A
N/A
HO or OM or DES
OM or DES
3OM or DES
Year 8
N/A
N/A
HO or OM or DES
HO or OM or DES
3OM or DES
Year 9
OM or DES
HO or OM or DES
HO or OM or DES
HO or OM or DES
3OM or DES
Year 10
N/A
N/A
HO or OM or DES
OM or DES
3OM or DES
Year 11
N/A
N/A
HO or OM or DES
HO or OM or DES
3OM or DES
Year 12
HO or OM or DES
OM or DES
OM or DES
HO or OM or DES
3OM or DES
Above schedule repeats for the life of the OSS
HO = Homeowner with inspection authorization
OM = O&M specialist or O&M technician
DES = OSS designer
1 OSS – includes all components of an OSS including tanks, transport lines, treatment and disposal components.
2 Risk categories include any one of the following elements:
• Setbacks – OSS with components not meeting the current required setbacks to a well or surface water.
• Shorelines – OSS with components within 200 feet of ordinary high water.
• Floodplain – sites with OSS components mapped by FEMA as being within a 100-year floodplain.
• Waiver – OSS with components not meeting the current required setbacks to a well or surface water.
• OSS replacement or repairs not meeting current code at the time of permitting.
3 OM or DES = Professionals inspecting proprietary devices shall have authorization by the manufacturer to monitor and maintain these treatment units.
(Ord. 2-25 § 4 (App. A))
(1) 
Applicability. Any person who applies for, owns, or operates an OSS may apply to the health officer for a waiver from any portion of this chapter.
(2) 
Granting Requirements.
(a) 
The health officer may grant such a waiver only upon finding that the following have been met:
(i) 
Special circumstances exist that are not of the applicant's making;
(ii) 
An unnecessary hardship will occur without the waiver;
(iii) 
The health officer has determined that the waiver is consistent with the standards in, and the intent of, the public health protection purpose and objectives of this chapter; and
(iv) 
Corresponding mitigation measures to assure that public health and water quality protection, at least equal to that established by this chapter, is provided.
(b) 
The health officer may grant a waiver conditioned by a timetable if:
(i) 
Compliance with this chapter shall require spreading of costs over a considerable time period; and
(ii) 
The timetable is for a period that is needed to comply with this chapter.
(c) 
The health officer may grant waivers from this chapter for standards that are more stringent than the standards of Chapter 246-272A WAC, or from the requirements in this chapter that are not contained in Chapter 246-272A WAC without DOH approval.
(3) 
Application.
(a) 
The application shall be made on forms approved by the department and shall be accompanied by all information required by the health officer.
(b) 
The health officer may request additional information if required to make a decision.
(c) 
An application for a waiver, or for the renewal thereof, submitted to the health officer shall be approved or disapproved by the health officer within 90 calendar days of receipt unless the applicant and the health officer agree to a continuance.
(4) 
A waiver approval shall remain valid for the period of the permit and under the conditions for which it was approved unless otherwise extended in writing by the health officer.
(5) 
A waiver approval may be required to be revised if the health officer determines that a potential threat to public health may result without revision.
(Ord. 2-25 § 4 (App. A))
(1) 
Appeal of Public Health Action – Health Officer Administrative Hearing. Any aggrieved person may request, in writing, a hearing before the health officer. The aggrieved person shall submit specific statements in writing of the reason why error is assigned to the decision of public health. Such request shall be presented to the health officer within 10 business days of the action appealed; except in the case of a suspension, the request for a hearing shall be made within five business days. Upon receipt of such request together with hearing fees, the health officer shall notify the person of the time, date, and place of such hearing, which shall be set at a mutually convenient time not less than five business days nor more than 30 business days from the date the request was received. The health officer shall issue a decision upholding or reversing public health's action. The health officer may require additional actions as part of the decision.
(2) 
Appeal of Administrative Hearing.
(a) 
Any aggrieved person shall have the right to appeal the findings or required actions of an administrative hearing by requesting a hearing before the BOH. Such notice of appeal shall be presented to the health officer within five business days of the findings and actions from the administrative hearing and shall be accompanied by a fee as established in the department's fee schedule. The aggrieved person shall submit specific statements in writing of the reason why error is assigned to the decision of the health officer. The aggrieved person and the health officer may submit additional information to the BOH for review.
(b) 
Upon receipt of a timely written notice of appeal together with the hearing fee, the health officer shall set a time, date, and place for the requested hearing before the BOH and shall give the aggrieved person written notice thereof. Such hearing shall be set at a mutually convenient time not less than five business days or more than 30 business days from the date the appeal was received by the health officer.
(c) 
Any decision of the BOH shall be final and may be reviewed by an action filed in superior court. Any action to review the BOH's decision shall be filed within 30 business days of the date of the decision.
(3) 
The following guidelines apply to all hearings and appeals conducted by the BOH pursuant to this section:
(a) 
Appeals shall be made in writing and shall be signed and dated by the aggrieved person.
(b) 
Appeals shall include a brief and concise statement of the law and facts, which affirmatively establishes that the health officer has committed an error.
(c) 
Appeals shall be transmitted to the BOH by the department following receipt from the aggrieved person together with all relevant material associated with the health officer's action, including, but not limited to, applications, reports, soil logs, photographs, staff analysis and recommendations.
(d) 
Upon receipt of the appeal materials transmitted by the department, the BOH shall conduct a hearing to determine the correctness of the decision by the health officer within 35 days. The aggrieved person shall be given five days' notice by certified mail of the purpose, time, date and place of said hearing. Further, if the aggrieved person is a person other than the permit applicant or a permit holder, then notice of the purpose, time, date, and place of said hearing shall likewise be mailed by certified mail to the permit applicant or permit holder.
(e) 
Any hearing conducted pursuant to this section shall be a public hearing and the chairperson of the BOH shall open the hearing and take testimony from any interested persons; provided, that testimony in suspension or revocation hearings shall be limited to that presented by the health officer, the certificate holder and any witness called by them; provided further, that the chairperson may limit the length of the testimony to a specific amount of time to be applied equally to those interested persons wishing to speak, except in suspension or revocation hearings where the BOH is authorized to use its discretion.
(f) 
The procedure to be utilized during any hearing conducted pursuant to this section shall be as follows:
(i) 
The aggrieved person, permit applicant, or permit holder and the health officer, if not the aggrieved person, shall be given an opportunity to present evidence, analysis and recommendations.
(ii) 
Members of the BOH may direct questions to the aggrieved person, permit applicant or permit holder and health officer.
(iii) 
The chairperson of the BOH shall permit the presentation of testimony by any interested person as set forth in this chapter.
(iv) 
Following presentation of evidence and testimony, the chairperson of the BOH shall close the hearing and initiate discussion with other board members on the matters presented.
(v) 
Following discussion, the BOH shall make ruling on the appeal.
(vi) 
Under no circumstances shall cross-examination of persons making presentations at the hearing be permitted, notwithstanding that the BOH may ask questions as set forth above.
(g) 
Should the BOH require additional testimony, it may continue the public hearing to a date and time not to exceed 35 days following the date of the initial public hearing; provided, that at the close of the second public hearing the BOH may continue its deliberations on the appeal to another time and date not to exceed 35 days following the close of the second public hearing conducted to receive additional testimony. In all other cases the BOH may continue its deliberations on the appeal to another date and time not to exceed 35 days following the close of the public hearing.
(h) 
Relevant evidence is admissible, if in the opinion of the BOH it is the best evidence reasonably obtainable having due regard for its necessity, availability and trustworthiness; provided, that in passing upon the admissibility of evidence the Jefferson County BOH may give consideration to, but shall not be bound to follow, the rules of evidence governing civil proceedings in matters not involving trial by jury in the superior court of the state of Washington.
(i) 
A full and complete record shall be kept of all proceedings and all testimony shall be recorded. The record of testimony and exhibits together with all papers and requests filed in the proceedings shall constitute the exclusive record for the decision in accordance with the law.
(j) 
All decisions shall become a part of the record and shall include a statement of findings and conclusions.
(k) 
Notice of the decision of the BOH shall be provided not later than 10 days following the date of its decision.
(l) 
The aggrieved person, permit applicant, permit holder, or designated agent, and the department shall be notified of the decision of the BOH, together with the findings and conclusions.
(Ord. 2-25 § 4 (App. A))
(1) 
JCC Title 19 Applies. The enforcement requirements codified in Title 19 JCC, Code Compliance, shall apply to any alleged violation of this chapter.
(2) 
Enforcement Authority. The director shall have the authority to enforce the provisions of these regulations equally on all persons.
(a) 
Notice to Vacate. When a condition constitutes a violation of this chapter and poses an immediate threat to life, limb, property, or safety of the public or persons residing on the property, the director may issue a notice to vacate.
(i) 
Content. A notice to vacate shall include the following:
(A) 
The name and address for the person responsible for the alleged violation;
(B) 
The street address or description sufficient for identification of the building, structure or premises, or land upon or within which the alleged violation has occurred or is occurring;
(C) 
A description of the violation constituting an emergency and reference to the requirements of the Jefferson County BOH regulations which have been allegedly violated;
(D) 
A date, as determined by the severity of the emergency, by which any persons shall vacate the premises. In case of extreme danger to persons or property immediate compliance shall be required;
(E) 
The required corrective action; and
(F) 
A statement that the person to whom the notice to vacate is issued may appeal the order pursuant to JCC Title 19.
(b) 
Service of Notice. The director shall serve the abatement order upon the owner of the property where the alleged violation occurred or is occurring, either personally or by mailing a copy of the notice by regular and certified or registered mail, with a five-day return receipt requested, to the owner their last known address. A copy of the order shall also be posted on the property where the alleged violation occurred or is occurring.
(c) 
Posting the Notice. In addition to providing service as stated above, an additional notice shall be posted on the property in substantially the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is a violation of chapter 8.15 JCC to occupy this building, or to remove or deface this notice.
_____________________, Director
Jefferson County Environmental Public Health Department
(d) 
Compliance. No person shall remain in or enter any building, structure, or property which has been so posted, except that entry may be made to repair or correct any conditions causing or contributing to the threat to life, limb, property, or safety of the public or persons residing on the property. No person shall remove or deface any such notice after it is posted until the required corrective action has been completed and approved.
(Ord. 2-25 § 4 (App. A))
This chapter is separable, and if any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.
(Ord. 2-25 § 4 (App. A))
(1) 
Fees shall be according to the department's fee schedule. The department's fee schedule shall be revised on an annual basis concurrent with budget adoption by the board of county commissioners pursuant to Chapter 3.80 JCC.
(2) 
Refunds shall not be granted if field investigation, plan review, site visit or design review has been completed by the department.
(3) 
A refund of the application fee minus an administrative fee of $45.00 shall be granted upon written request of the applicant or owner, except as noted in subsection (2) of this section. Refunds are given for the amount paid minus staff time expended at hourly rate.
(4) 
All certificates issued by the health officer to an installer, sewage pumper, O&M specialist, or O&M technician shall be renewed annually and an annual renewal fee according to the department's fee schedule shall be paid no later than March 1st. Should any annual renewal fee remain unpaid by March 31st, a penalty fee according to the department's fee schedule shall be charged. Certificates shall become void if not renewed prior to April 1st.
(5) 
Fees generated under this chapter shall not be used to support non-public-health activities.
(Ord. 2-25 § 4 (App. A))
All OSS management shall be subject to the authority of other laws, regulations or other agency requirements in addition to this chapter. Nothing in this chapter is intended to abridge or alter the rights of action by the state or by persons, which exist in equity, common law or other statutes, to abate pollution or to abate a nuisance.
(Ord. 2-25 § 4 (App. A))
(1) 
If a conflict exists between the interpretation of Chapter 246-272A WAC and this chapter, the more stringent regulation shall apply to better protect public health and the environment.
(2) 
If requirements of the JCC, ordinances, or resolutions are in conflict with this chapter, the more stringent regulation shall apply to better protect public health and the environment.
(Ord. 2-25 § 4 (App. A))