Chapter 41.20
ON-SITE SEWAGE SYSTEM

Sections:

41.20.010    Purpose, objectives, and authority.

41.20.020    Administration.

41.20.030    Adoption by reference.

41.20.040    Definitions.

41.20.050    Applicability.

41.20.060    Connection to public sewer system.

41.20.070    No surface discharge – No ground water degradation.

41.20.080    On-site sewage systems required.

41.20.090    On-site sewage system permit.

41.20.100    Soil testing and site registration requirements.

41.20.110    Installation.

41.20.120    Installation inspection.

41.20.130    Maintenance and monitoring.

41.20.140    Holding tank sewage systems.

41.20.150    Abandonment.

41.20.160    Subdivision requirements.

41.20.170    Implementation of OSS Management Plan (June 19, 2007).

41.20.180    Report of system status for land use and other governmental actions.

41.20.190    Report of system status required at time of transfer of ownership.

41.20.200    General requirements for licensure.

41.20.210    Sewage system installer.

41.20.220    Septic tank pumpers.

41.20.230    Sewage system maintenance providers.

41.20.240    Waivers.

41.20.250    Enforcement.

41.20.260    Civil infractions and other penalties.

41.20.270    Administrative penalties.

41.20.280    Criminal penalties.

41.20.290    Appeals and hearings.

41.20.300    Severability.

41.20.310    Fees.

41.20.320    Effective date.

SOURCE:    ADOPTED:

Res. 1    01/17/95

AMENDED SOURCE:    ADOPTED:

BOH Ord. 2    08/19/08

BOH Ord. 4    01/21/14

41.20.010 Purpose, objectives, and authority.

(1) The purpose of this chapter is to protect public health by minimizing:

(a) The potential for public exposure to sewage from on-site sewage systems; and

(b) Adverse effects to public health that discharges from on-site sewage systems may have on ground and surface waters.

(2) This chapter regulates the location, design, installation, operation, maintenance, and monitoring of on-site sewage systems to:

(a) Achieve long-term sewage treatment and effluent dispersal; and

(b) Limit the discharge of contaminants to waters of the State.

(3) This chapter provides for the issuance of permits, establishment of fees, licensing and bonding of installers, pumpers, and on-site septic system (OSS) maintenance providers of sewage disposal systems, and an appeals procedure.

(4) This chapter is intended to coordinate with other applicable statutes and rules for the design of on-site sewage systems under Chapter 18.210 RCW, Chapter 196-33 WAC, and Chapter 246-272A WAC.

(5) This chapter is intended to coordinate with the land-use planning regulations of Clallam County.

41.20.020 Administration.

The Health Officer is authorized to administer this chapter per Chapters 43.70, 70.05, 70.08, 70.46, 70.118 and 70.118A RCW, or as subsequently amended. Under RCW 70.05.060(7), fees may be charged for this administration.

41.20.030 Adoption by reference.

Chapter 246-272A WAC, On-Site Sewage System Rules and Regulations, is hereby adopted by reference. If a conflict arises between Chapter 246-272A WAC and this chapter, the more restrictive regulation shall prevail. Any subsequent amendment to Chapter 246-272A WAC shall be considered to have been incorporated into this chapter without the need for further amendment.

41.20.040 Definitions.

In addition to those definitions set forth in Chapter 246-272A WAC, the following words and phrases as used in this chapter shall, unless the context clearly indicates otherwise, be defined as follows:

(1) “Aggrieved person” means any person whose interests are, or will likely be, specifically and perceptibly harmed by a requirement, determination, or decision of the Health Officer, or designee of the Health Officer, and where a decision in favor of said person would substantially eliminate the harm caused, or likely to be caused, by the requirement, determination, order or decision.

(2) “Approved homeowner inspection” means an OSS evaluation performed and reported by a homeowner meeting the homeowner certification and reporting requirements of this chapter.

(3) “Board of Health” or “BOH” means the Clallam County Board of Health.

(4) “CCC” means Clallam County Code.

(5) “Community on-site sewage system” means any residential on-site sewage system designed to serve two or more dwelling units, or designed to serve two or more residences on separate lots, with design flows less than 3,500 gallons per day. Single-family residences with an accessory dwelling unit (ADU) on the same OSS are not included in this definition.

(6) “Commercial on-site sewage system” means any nonresidential or combined residential/nonresidential on-site sewage system with a design flow less than 3,500 gallons per day.

(7) “Critical aquifer recharge area” means a geographical area which contains hydrogeologic conditions that provide the recharge to an aquifer(s) that is a current or potential potable water source and, due to its geological properties, is highly susceptible to the introduction of pollutants; or, because of special circumstances, has been designated as a critical aquifer recharge area in accordance with WAC 365-190-080 and Chapter 27.12 CCC.

(8) “Department” means the Washington State Department of Health.

(9) “Designer” means a person who matches site and soil characteristics with appropriate on-site technology. This term applies to professionals licensed under Chapter 18.210 RCW and professional engineers licensed under Chapter 18.43 RCW.

(10) “Environmental Health Services” or “EHS” means the Environmental Health Section of the Department of Health and Human Services.

(11) “Failure” means a condition of an on-site sewage system that threatens the public health by inadequately treating sewage or by creating a potential for direct or indirect contact between sewage and the public (WAC 246-272A-0010). Examples include:

(a) Sewage on the surface of the ground;

(b) Sewage backing up into a structure caused by slow soil absorption of septic tank effluent;

(c) Sewage leaking from a septic tank, pump chamber, holding tank, or collection system;

(d) Cesspools;

(e) Seepage pits where evidence of ground water or surface water quality degradation exists;

(f) Inadequately treated effluent contaminating ground water or surface water;

(g) Noncompliance with standards stipulated on the permit.

(12) “Health Officer” means the person designated as such as defined in Chapter 70.05 RCW or their designee.

(13) “Individual on-site sewage system” means any residential on-site sewage system serving only one dwelling, lot, or residence.

(14) “Install” or its derivatives means the construction, relocation, alteration, extension, expansion, modification, replacement, and repair of all or any portion of an on-site sewage system, including but not limited to the septic tank, pump chamber, main and lateral lines, associated excavation, gravel and gravel-less chambers, and cover.

(15) “Maintenance” means the performance of noninvasive activity, both regularly scheduled and provisional, to preserve the intended function of the OSS.

(16) “Marine recovery area” or “MRA” means an area of definite boundaries encompassing areas bounded by marine waters and adjacent uplands where the Health Officer, or the Department in consultation with the Health Officer, determines that additional requirements for new and existing on-site sewage systems may be necessary to reduce potential failing systems or minimize negative impacts of on-site sewage systems (Chapter 70.118A RCW).

(17) “On-site sewage system” or “on-site septic system” or “OSS” means an integrated system of components, located on or nearby the property it serves, that conveys, stores, treats, or provides subsurface soil treatment and dispersal of sewage. It consists of a collection system, a treatment component or treatment sequence, and a soil dispersal component. An on-site sewage system also refers to a holding tank sewage system or other system that does not have a soil dispersal component. For purposes of this chapter, the term “on-site sewage system” does not include any system regulated by a water quality discharge permit issued under Chapter 90.48 RCW.

(18) “On-site sewage permit” means a written permit issued by the Health Officer granting permission for the installation, repair or decommissioning of an on-site sewage system.

(19) “Performance monitoring” means the observation, evaluation and testing, if required, of an OSS to determine its current compliance with treatment and disposal standards in effect at the time the Division issued its permit.

(20) “Person” means:

(a) Applicant;

(b) Reapplicant;

(c) Permit and/or license holder; or

(d) Any individual associated with subsection (20)(a), (b), or (c) of this section including but not limited to:

(i) Board members;

(ii) Officers;

(iii) Managers;

(iv) Partners;

(v) Association members;

(vi) Agents;

(vii) Third persons acting with the knowledge of such persons.

(21) “Repair” means the replacement of, addition to, or alteration of a septic tank, sewage treatment device or other appurtenances to an existing on-site sewage system, including any replacement, addition, or alteration of a subsurface disposal field as a result of failure.

(22) “Resident owner” means a person who installs and/or inspects an on-site sewage system for their personal single-family residence.

(23) “Sewage system installer” means any person(s) engaged in the activity of installing and/or repairing an on-site sewage system.

(24) “Sewage system installer’s license” means the written license issued annually by the Health Officer authorizing a person to install on-site sewage systems.

(25) “Sewage system maintenance provider” means a qualified person licensed to inspect, monitor, and maintain on-site sewage systems. This does not include an individual licensed by the Health Officer solely to pump septic tanks, or homeowners who are approved to monitor and maintain their own OSS.

(26) “Sewage system maintenance provider’s license” means the written license issued annually by the Health Officer authorizing a person to perform routine maintenance and monitoring activities.

(27) “Septic tank pumper” means any person(s) engaged in the activity of cleaning and pumping septic tanks, chemical toilets, or other accumulations of sewage.

(28) “Septic tank pumper’s license” means the written license issued annually by the Health Officer authorizing a person to engage in the activity of cleaning septic tanks, chemical toilets, or other accumulations of sewage.

(29) “Site installer” means an individual that maintains an annual license, and is working under the direction of another licensed installer.

(30) “System status inspection” means an inspection performed by a person or business authorized by the Health Officer of all components of an OSS to determine and report the system’s functional condition.

(31) “System status report” means documentation showing the location, type, use, and conditional function of an OSS. It may also include any significant deficiencies and/or critical service items and the steps proposed and/or taken to remedy such findings.

(32) “Unknown system” means an on-site sewage disposal system installed without the knowledge or approval of the local health jurisdiction, including those installed before approval was required.

(33) “WDOH” means the Washington State Department of Health.

41.20.050 Applicability.

(1) This chapter applies to:

(a) OSS treating sewage and dispersing effluent from residential sewage sources with design flows up to 3,500 gallons per day;

(b) OSS for nonresidential sources of sewage if treatment, siting, design, installation, and operation and maintenance measures provide treatment and effluent dispersal equal to that required of residential sources;

(c) This chapter does not apply to industrial wastewater.

(2) A valid sewage system design approval or construction permit issued prior to the effective date of the ordinance codified in this chapter:

(a) Shall be acted upon in accordance with regulations in force at the time of issuance;

(b) Shall have a maximum validity period of three years from the date of issuance or remain valid for an additional year beyond the effective date of the ordinance codified in this chapter, whichever assures the most lenient expiration date; and

(c) May be modified to include additional requirements if the Health Officer determines that a serious threat to public health exists.

41.20.060 Connection to public sewer system.

(1) For existing and future residences or facilities that are located within the Urban Growth Area of the City of Port Angeles and east of the City limits, the requirements of Chapter 13.08 CCC, Port Angeles Eastern Urban Growth Area (EUGA) Sewer System, are hereby incorporated by reference.

(2) For All Other Areas. When adequate public sewer services are available within 200 feet of the property line of a residence or facility, the Health Officer, upon the failure of an existing on-site sewage system, shall require hook-up to the public sewer system. The distance shall be measured along the usual or most feasible route of access (WAC 246-272A-025).

(3) The owner of a residence or other facility served by a Table IX repair, as described in WAC 246-272A-0280, shall abandon the OSS according to the requirements specified in this chapter and connect the residence or other facility to a public sewer system when:

(a) Connection is deemed necessary to protect public health by the Health Officer;

(b) An adequate public sewer becomes available within 200 feet of the property line of residence or other facility as measured along the usual or most economically feasible route of access; and

(c) The sewer utility allows the sewer connection.

(4) The Health Officer is authorized to require a new development to connect to a public sewer system to protect public health.

(5) The Health Officer shall require new development or a development with a failing system to connect to a public sewer system if it is required by the Comprehensive Land Use Plan or development regulations.

41.20.070 No surface discharge – No ground water degradation.

Sewage from any on-site sewage system or components thereof shall not be discharged to surface water or upon the surface of the ground, or cause contamination of public health significance to any ground water as determined by the Health Officer (WAC 372-36-030, RCW 90.48.080). Septage is excluded per this chapter and WAC 246-272A-0310.

41.20.080 On-site sewage systems required.

The following requirements apply:

(1) Every residence, place of business, or other building or place where people congregate or reside, if not connected to an approved public sewer, shall be connected to an on-site sewage system approved by the Health Officer.

(2) All new construction must be connected to an approved public sewer if said sewer is within 200 feet of the property line.

(3) All failing on-site sewage systems must be repaired or connected to an approved public sewer as noted in WAC 246-272A-0280.

41.20.090 On-site sewage system permit.

(1) No person shall install or cause to be installed a new on-site sewage system, nor perform any alteration, extensions or relocations, or connections to an existing on-site sewage system, including repair of failing sewage systems, without a valid permit issued by the Health Officer. Larger on-site sewage systems approved by the State are exempt from this permit requirement, except that when Environmental Health Services has a written agreement with the State to review and approve larger on-site sewage systems, a permit shall be required. Permits for alterations, expansions, or repairs shall be so identified. All systems shall be designed by a professional engineer, licensed under Chapter 18.43 RCW, or on-site sewage treatment system designer, licensed under Chapter 18.201 RCW. Designs submitted by residential owners shall not be accepted. Application for such permit shall be made in writing in a manner prescribed in subsection (2) of this section. All permit applications shall be completed and signed by the licensed professional engineer or designer prior to permit issuance as provided by WAC 246-272A-0200. All applications for new construction shall be accompanied by an approved site registration.

(2) When applying for a permit to install an on-site sewage system, a detailed construction plan of the proposed system is required. The construction plan shall contain information as required by the Health Officer in sufficient detail and to a scale which will permit a proper evaluation of the application. Each application shall contain the information required in WAC 246-272A-0200(1)(d) as a minimum.

(3) Permits are transferable with property ownership.

(4) If the system is not installed before the permit expires, a new permit may be applied for based on standards in effect at the date of the new application.

(5) Changes in use of an existing OSS may be authorized by the Health Officer. If the proposed changes in use of an existing sewage system will, in the opinion of the Health Officer, substantially change the waste strength or increase the projected daily sewage flow beyond the capacity of the OSS, a permit to alter the OSS as per WAC 246-272A-0290 shall be obtained prior to authorization of the change of use.

(6) Any misrepresentation or inaccuracy in the construction plan, whether intended or accidental, shall be considered as grounds for invalidating and voiding any permit issued under this section. The applicant is responsible for the accurate representation of all information presented.

(7) For any on-site sewage system proposed to serve a structure requiring a flood control zone permit under the provisions of Chapter 86.16 RCW and Chapter 508-60 WAC or requiring a floodplain certification by Clallam County under the provisions of the floodplain management ordinance, CCC Title 32, the installation permit shall not be issued until a flood control zone permit or floodplain certification has been issued in accordance with Chapter 32.02 CCC. The on-site sewage permit shall be in compliance with the flood control zone permit or floodplain certification.

(8) Expiration of Permits.

(a) Every sewage disposal permit issued by the Health Officer under the provisions of this chapter for new construction or expansion shall expire and become null and void if the work authorized by such permit is not completed within three years from the date of issuance.

(b) Repair permits shall expire six months from the date of issue. They may be renewed for six additional months if the Health Officer determines it is warranted and there is no surface discharge of sewage as per this chapter.

(c) Decommissioning permits shall expire six months from the date of issue.

41.20.100 Soil testing and site registration requirements.

(1) Soil testing, site evaluations, and permit applications shall conform to the requirements of WAC 246-272A-010 and 246-272A-0220.

(2) A site registration report shall be made on an Environmental Health Services approved form by the individual who performs the test. The report shall be submitted to Environmental Health Services, with appropriate fee, for review within one year of the date the tests were completed.

(a) The site registration report shall consist of an accurate plot plan, drawn to scale (one inch equals 20 feet is recommended), which includes all the pertinent information required in WAC 246-272A-0200 and other information as required by the Health Officer.

(b) Unless specifically waived by the Health Officer, all soil logs for the purpose of securing a sewage system permit must be witnessed and verified by the local Health Officer.

(c) Site registrations performed for the purpose of land division subject to Chapter 29.01 CCC must include information demonstrating that the proposed water supply is adequate.

41.20.110 Installation.

(1) The Health Officer shall require approved installers to construct OSS, except as noted under subsection (2) of this section. Licensed installers shall meet all requirements of this chapter and install systems as per WAC 246-272A-210.

(2) The Health Officer may allow the resident owner of a single-family residence not adjacent to a marine shoreline to install a conventional gravity-type OSS for that single-family residence if they meet all the following:

(a) May install no more than one system in any one calendar year.

(b) The OSS installer owns or has a beneficial interest as a contract purchaser of the land on which the OSS is to be installed.

(c) The OSS is either located on the same lot as the residence or situated on adjoining property controlled by the owner and legally listed as an encumbrance.

(d) The OSS installer will reside in or use the building served by the OSS.

(e) The Health Officer may require written examination of resident owners when considering applications for self-installation.

(3) Persons engaged in the business of buying, selling, and constructing homes or land shall not qualify.

(4) All persons employed to construct, install, or alter a sewage disposal system shall be employees of a licensed installer.

(5) The installer described by either subsection (1) or (2) of this section shall:

(a) Follow the approved design;

(b) Have the approved design in possession during installation;

(c) Make no changes to the approved design without the prior authorization of the licensed designer and the Health Officer;

(d) Only install septic tanks, pump chambers, and holding tanks approved by the WDOH;

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

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

(g) Cover the installation only after the Health Officer has given approval to cover; and

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

41.20.120 Installation inspection.

(1) The Health Officer may make inspections during construction to determine compliance with this chapter.

(2) Prior to the installation of any on-site sewage system, the Health Officer shall be notified by the installer of the permit number, site location, date, and time that the work is to be performed and shall request an inspection. The system may not be covered prior to this inspection except as noted in subsection (3) of this section. The licensed designer shall submit a record drawing according to the requirements in WAC 246-272A-0265 of the final construction within 10 days of final cover of the system. The record drawing shall be on a form approved by the Health Officer.

(3) No part of any on-site sewage system installation shall be covered or put into use until inspection and final approval have been obtained from the Health Officer. The Health Officer may waive this inspection requirement provided the installation has been performed by a licensed installer as per this chapter and WAC 246-272A-0260; provided, that the licensed designer of the on-site sewage system, as certified under Chapter 18.210 RCW, performs the inspection; except as noted in subsection (4) of this section. Requests for waiver from inspection should be submitted to the Health Officer prior to covering of the system. Final approval of on-site systems by the Health Officer can be made only after satisfactory inspection of the installed system, and receipt of record drawings of the final construction, and all appropriate fees received by Environmental Health Services.

(4) A final inspection shall not be acceptable from a licensed designer if the installation firm has financial ties with the licensed designer of the system. In such cases, Environmental Health Services must perform the final inspection of the installation.

(5) Any on-site sewage system installed, covered, or put into use without proper notification of or inspection by the Health Officer, except as provided for in subsection (3) of this section, shall be uncovered for inspection if so ordered by the Health Officer. The decision of the Health Officer not to require uncovering for inspection shall not be construed as approval of the installation of the on-site sewage system.

(6) If installation or workmanship of the on-site sewage system does not meet the requirements of this chapter, the Health Officer shall order corrections and cause a subsequent inspection to be made. Fees may be charged for subsequent inspections.

(7) Designer Inspections. Nothing contained herein shall prohibit the licensed designer of record from requiring additional designer-performed inspections to ensure compliance with design and regulation.

41.20.130 Maintenance and monitoring.

Systems shall be designed to facilitate operation, monitoring, and maintenance per the requirements of WAC 246-272A-0238.

41.20.140 Holding tank sewage systems.

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

(2) The Health Officer may approve installation of holding-tank sewage systems:

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

(b) For interim uses limited to handling of emergency situations;

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

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

(a) Follow established design criteria established by WDOH;

(b) Submit a management program to the Health Officer assuring ongoing operation and maintenance before the Health Officer issues the installation permit; and

(c) Use a holding tank reviewed and approved by the Department.

41.20.150 Abandonment.

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

(1) Obtain a septic system decommissioning permit issued by the Health Officer;

(2) Have the septage removed by an approved pumper;

(3) Remove or destroy the lid;

(4) Fill the void with soil or gravel;

(5) Submit the records of abandonment to the Health Officer within 30 days.

41.20.160 Subdivision requirements.

(1) Prior to recommendations for preliminary approval of a subdivision submitted to the Department of Community Development (DCD) and referred to Environmental Health Services, the proposal must be in compliance with WAC 246-272A-0320.

(2) Prior to recommendation submitted to the DCD and referred to Environmental Health Services for final approval of a subdivision, the following must be accomplished:

(a) A site registration approved by the Health Officer and filed for each proposed parcel showing an area for each parcel suitable for installation of an on-site sewage system to serve a minimum of a two-bedroom residence, in compliance with these regulations; or

(b) For a community sewage disposal system or larger on-site system, compliance with Chapter 246-272B WAC and CCC Title 29 must be assured;

(c) Prior to final approval, a management agreement acceptable to the Health Officer for monitoring and maintenance of the community septic system must be in force;

(d) Any on-site system not located entirely on the property originating the sewage must be secured by appropriate easements filed with the Clallam County Auditor;

(e) Demonstrate that the proposed water supply is in compliance with applicable water rights and instream flow rules and is determined to be adequate as required in CCC Title 29.

41.20.170 Implementation of OSS Management Plan (June 19, 2007).

(1) OSS Inspections and Maintenance.

(a) General Conditions.

(i) The OSS owner will ensure a complete evaluation of the system components and/or property to determine functionality, maintenance needs, and compliance with Chapter 246-272A WAC, these regulations, and any OSS permits:

(A) At least once every three years for all systems consisting solely of a septic tank and gravity subsurface absorption system (SSAS);

(B) Annually for all other systems unless more frequent inspections are specified by the local Health Officer.

(ii) OSS owners will assure that needed maintenance service or repairs to the OSS are accomplished in a timely manner.

(iii) Inspection activities are to follow the protocol set forth by Environmental Health Services and are to be reported on forms approved by the Health Officer to EHS within 30 days of the inspection of the OSS.

(b) Residential OSS Owner Systems Status Inspections. This section pertains to OSS owners who perform their own inspections.

(i) Owner inspections are limited to residential OSS of no more than two connections served by one OSS on the same lot.

(ii) OSS owners who perform their own inspections must first receive approval to inspect their own residential septic system from the Health Officer. Approval may consist of proof of completing a Health Officer approved training course appropriate for the level of complexity of the OSS the owner is to inspect and maintain, including obtaining a passing score on a test.

(iii) Homeowners are responsible for reporting their inspection activities in compliance with this section.

(iv) Where there are no records regarding the type, size, location and other applicable information on a septic system, the OSS owner must have the first system status inspection performed by a professional maintenance provider or licensed designer.

(c) Sewage System Maintenance Provider System Status Inspections.

(i) Licensed designers or sewage system maintenance providers performing OSS system status inspections shall meet the requirements of this section. OSS maintenance providers shall also meet the requirements of CCC 41.20.200 and 41.20.230 (licensing).

(d) Community and Commercial OSS Systems.

(i) Community and commercial OSS shall follow the requirements in subsection (1)(a) of this section (General Conditions) except where noted below.

(ii) All food service establishments served by OSS must meet the requirements of WAC 246-272A-0275 and CCC 41.20.180(2).

(iii) All system status inspections are to be performed by a licensed sewage system maintenance provider or licensed designer.

(iv) All community gravity OSS with greater than two connections shall be evaluated annually.

(v) Relief from subsection (1)(d)(iii) of this section may be granted by the Health Officer provided the owner can demonstrate:

(A) The owner receives Health Officer approved training including obtaining a passing score on a test if required. The training must be appropriate for the level of complexity of the OSS the owner is to inspect and maintain.

(B) The OSS effluent characteristics are comparable to typical single-family residential volumes and strength.

(2) Marine Recovery Area (MRA).

(a) The legal boundaries of the marine recovery area shall be the same area described in Chapter 27.16 CCC, Sequim Bay-Dungeness Watershed Clean Water District, and include the following areas: the Dungeness watershed and those waters influenced by it through the irrigation system and other independent tributaries to the Strait of Juan de Fuca from Bagley Creek east to and including the Sequim Bay watershed. This encompasses the Dungeness and Gray Wolf Rivers, the creeks of Bagley, McDonald, Matriotti, Meadowbrook, Cooper, Cassalery, Gierin, Bell, Johnson, Dean, Jimmycomelately, Chicken Coop, and their tributaries.

(b) The MRA boundary shall also include the Miller Peninsula and Discovery Bay watershed inside Clallam County including those portions of the Miller Peninsula and the Eagle Creek watershed that are not currently included in the Sequim Bay-Dungeness Watershed Clean Water District. The boundaries are outlined in “Exhibit A” (as amended to include Miller Peninsula), attached to the ordinance codified in this chapter and incorporated by reference.

(c) All OSS owners within the marine recovery area shall have a system status inspection performed on their OSS by a licensed designer or a sewage system maintenance provider as described in this chapter as the first system status inspection required under the OSS Management Plan.

(d) After the initial professional inspection, owners of residential-type OSS who meet the requirements of this chapter may inspect their own OSS system, provided the initial professional inspection was conducted within the three years prior to the homeowner inspection.

(e) OSS owners who perform their own OSS system status inspection and maintenance providers are required to submit a system status report per this chapter.

(3) Any subsequent adoption of updates to the OSS Management Plan shall be considered to have been incorporated into this chapter without the need for further amendment.

41.20.180 Report of system status for land use and other governmental actions.

(1) A system status report may be requested by the Health Officer for the following purposes:

(a) Issuing building permits;

(b) Land divisions and boundary line adjustments when an existing OSS is part of the proposal;

(c) Conditional use permits;

(d) Variances or compliance with the Critical Areas Code, Chapter 27.12 CCC;

(e) Food service establishment operating permits;

(f) Certificate of occupancy for commercial building permits;

(g) Change of use;

(h) Other actions as deemed appropriate by the Health Officer.

(2) For land use and other governmental actions, only licensed designers or the Health Officer shall perform the system operational evaluation and submit a system status report. System status reports performed for food service establishment operating permits shall be performed by licensed designers unless a maintenance contract is in place with a licensed maintenance provider (Level II) prior to the date of this regulation.

(a) Copies of all evaluations and reports generated by the licensed designer or maintenance provider shall be provided to Environmental Health Services, with appropriate property identification, for filing with the parcel’s permanent records.

(b) Should failures or the need for repair be noted, Environmental Health Services shall be notified immediately. An inspection report or documentation of the failure shall be submitted to Environmental Health Services.

(c) All septic system components (i.e., tanks, pump chambers, distribution boxes, drainfield, or other components) must be located, inspected, and documented in a system status record drawing.

(d) Inspections conducted for the purpose of a building permit shall require the system to be in compliance with operation and maintenance design standards including risers on septic tanks and distribution boxes, and cleanouts on pressure system drainlines.

41.20.190 Report of system status required at time of transfer of ownership.

(1) At the time of property transfer, the property owner shall provide to the buyer a copy of the current system status report performed within 12 months of the property transfer by a licensed designer or licensed OSS maintenance provider.

(2) The property owner shall ensure that a current report of system status is on file with Environmental Health Services when the property changes ownership.

41.20.200 General requirements for licensure.

(1) License holders are required to provide services in compliance with Chapter 246-272A WAC and this chapter.

(2) License holders are required to notify Environmental Health Services of septic system failures when identified.

(3) Environmental Health Services reserves the right to observe, audit, or inspect the on-site sewage related activities of license holders.

(4) Licenses are not transferable.

(5) Any person having been issued a license is required to notify the Health Officer of any change in business address.

41.20.210 Sewage system installer.

(1) Licensing. It shall be unlawful for a sewage system installer to engage in the activity of installing on-site sewage systems without being issued a septic system installer’s license by the Health Officer.

(a) The Health Officer or designee shall determine, by written and/or oral examination, the applicant’s knowledge of public health problems involved in the treatment and dispersal of sewage and necessary standards of design, construction, and installation.

(i) Persons attempting but failing to pass the test may retake it after 30 days.

(ii) After two consecutive failures, they must wait one year before reapplying.

(iii) Requirements for license to install conventional systems only: provide proof of approved training in installation, i.e., basics of installation class, and one year’s prior experience installing septic systems.

(iv) Requirements for license to install alternative systems: in addition to the above requirements, provide proof of approved training received for installation of each specific type of alternative septic system.

(2) The installer’s license shall expire on December 31st. Fees are not prorated.

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

(b) Licenses shall not be issued or renewed if the applicant is found by the Health Officer to be in violation of the provisions of this chapter.

(c) Applicants requesting renewal after license has lapsed for more than one year may be required to retake the exam and/or submit proof of continuing education credits.

(3) Site Installer. A licensed sewage system installer may sponsor a site installer to be responsible for compliance with WAC 246-272A-0250(3). The licensed installer shall inform the Health Officer of the site installer’s name(s) and of any changes in that individual’s employment status. Site installers must have two years’ experience working with a licensed installer and maintain their annual license including obtaining CEUs as specified in subsection (5) of this section.

(4) Bond Required. Prior to the issuance of a sewage system installer’s license, the applicant must be in possession of a bond obtained in accordance with the special or general contractors laws of the State of Washington and provide proof of business liability insurance in the minimum amount of $500,000, except site installers working for or under the direction of a general contractor who is also a licensed installer may have this requirement waived if the general contractor provides a written statement indicating their assumption of responsibility for the individual’s work and agreement to coverage of the individual by the general contractor’s bond and liability insurance.

(5) Continuing Education. Unless waived by the Health Officer, every installer is required to obtain at least eight hours of approved training time (0.8 CEU) every two years. Subject matter must be directly related to on-site sewage disposal and be acceptable to the Health Officer. Proof of training shall be submitted annually with application for renewal of license.

(6) Suspension – Revocation. The Health Officer may suspend or revoke any installer’s license if there has been a finding of incompetence, negligence, willful misrepresentation, or failure to comply with this chapter or other applicable laws, rules, and regulations. The installation of a sewage system for which a permit has not been obtained shall be cause for the suspension or revocation of an installer’s license. An installer whose license has been revoked shall be ineligible to reapply for relicensing until 60 days have passed from the date of revocation of the license.

41.20.220 Septic tank pumpers.

(1) Licensing. It shall be unlawful for any person, firm, or corporation to engage in the activity of cleaning any septic tank, seepage pit, or chemical toilet, or removing other accumulations of sewage, without first obtaining a septic tank pumper’s license from the Health Officer.

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

(b) License shall not be issued or renewed if the applicant is found by the Health Officer to be in current violation of the provisions of this chapter.

(c) The license shall expire on December 31st. Fees are not prorated.

(2) Septage disposal sites must be permitted by Washington State Department of Ecology per Chapter 70.95J RCW and Chapter 173-308 WAC. It shall be unlawful to dispose of septic tank pumpings or other accumulated sewage at other than designated and approved disposal sites.

(3) Reporting Requirements. Each pumper shall maintain records of pumping including dates, sources, disposal site, and volume of each load of wastes handled. Records are to be furnished to Environmental Health Services on a monthly basis and upon request of the Health Officer.

(4) Pump Tank Vehicle Requirements. Pumping equipment must be presented to Environmental Health Services for inspection at the time of license application and renewal.

(a) The pump tank must be of at least 1,000 gallons in capacity and must be in good repair and of cleanable construction; except, where only the contents of chemical toilets are to be pumped and disposed of, where no water carrying household or commercial sewage is involved, a pump tank size of 275 gallons shall be allowed.

(b) All outer contact surfaces and fittings shall be kept in a clean and sanitary condition while stored or in transit; all premises served and equipment used shall be left in a clean and sanitary condition.

(c) All discharge valves shall be in good repair, free from leaks, and fitted with watertight caps.

(d) The name of the operating firm shall be prominently displayed on both sides of any pump tank vehicle in bold letters not less than five inches high for the firm name and not less than three inches high for other information, such as address and telephone number.

(5) Bond Required. Prior to the issuance of a septic tank pumper’s license, the applicant must post a bond with the Environmental Health Services, executed by a surety company authorized to do business in the State of Washington, in the sum of $4,000 and must provide proof of a minimum of $100,000 business liability insurance.

(6) Suspension – Revocation. The Health Officer may suspend or revoke any pumper’s license if there has been finding of incompetence, negligence, willful misrepresentation, or failure to comply with this chapter or other applicable laws, rules, and regulations. A pumper whose license has been revoked shall be ineligible to reapply for a license until 60 calendar days have passed from the date of license revocation.

41.20.230 Sewage system maintenance providers.

(1) Licensing. It shall be unlawful for an OSS maintenance provider to engage in OSS maintenance and monitoring activities, such as but not limited to inspection of on-site sewage systems, without first having a sewage system maintenance provider’s license issued by the Health Officer.

(a) Applicants must:

(i) For Maintenance Provider Specialist I, have six months’ experience in operations and maintenance, designing, installing, or pumping on-site septic systems or equivalent as determined by the Health Officer.

(ii) For Maintenance Provider Specialist II, have 12 months’ experience as a Maintenance Provider Specialist I or licensed OSS designer.

(iii) Complete an application for a Maintenance Provider Specialist I or II and pay the fee established by the BOH.

(iv) Pass the applicable Health Officer approved examination(s).

(A) Persons attempting, but failing to pass, the test may retake it after 30 days.

(B) After two consecutive failures, they must wait one year before reapplying.

(2) The Maintenance Provider Specialist I and II licenses shall expire on December 31st. Fees are not prorated.

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

(b) Licenses shall not be issued or renewed if the applicant is found by the Health Officer to be in violation of the provisions of this chapter.

(3) Bond Required. Prior to the issuance of a sewage system Maintenance Provider Specialist I and II license, the applicant must be in possession of a bond in the amount of $4,000 for Maintenance Provider Specialist I, and $6,000 for Maintenance Provider Specialist II, obtained in accordance with the special or general contractors laws of the State of Washington, and provide proof of business liability insurance in the minimum amount of $100,000 for Maintenance Provider Specialist I and $500,000 for Maintenance Provider Specialist II, except Maintenance Provider Specialists working for or under the direction of a general contractor who is also a licensed Maintenance Provider Specialist I and II may have this requirement waived if the general contractor provides a written statement indicating their assumption of responsibility for the individual’s work and agreement to coverage of the individual by the general contractor’s bond and liability insurance.

(4) Continuing Education. Unless waived by the Health Officer, all Maintenance Provider Specialists I and II are required to obtain at least eight hours of approved training time (0.8 CEU) every two years. Subject matter must be directly related to on-site sewage disposal and operations and maintenance activities and be acceptable to the Health Officer. Proof of training shall be submitted annually with application for renewal of license.

(5) Maintenance Provider Specialist I.

(a) Scope of Work. Maintenance Provider Specialist I is limited to performing operations, monitoring, and maintenance activities to conventional, gravity feed system only.

(b) Allowed Activities.

(i) Determine need for pumping;

(ii) Checking liquid levels;

(iii) Repairing tanks/baffles;

(iv) Accessing effluent distribution box to assess equal distribution;

(v) Repairing tight-line;

(vi) Installing risers over tanks and d-box; installing monitoring ports in drainfields.

(c) Prohibited Activities.

(i) Pumping tank unless licensed pumper;

(ii) Uncovering drainfield unless under the direction of a licensed designer;

(iii) Replacing subsurface disposal component or pretreatment component.

(6) Maintenance Provider Specialist II.

(a) Scope of Work. Maintenance Provider Specialist II may perform operations, monitoring, and maintenance activities on conventional and alternative on-site septic systems.

(b) Allowed Activities. Except as specifically stated otherwise, the Maintenance Provider Specialist II may perform any duty associated with the operation and maintenance of an OSS required in the regulations. Maintenance Provider Specialist II must obtain written approval from the manufacturer or patent holder to work on proprietary devices.

(c) Prohibited Activities.

(i) Pumping tank unless licensed pumper;

(ii) Uncovering drainfield unless under the direction of a licensed designer;

(iii) Replacing subsurface disposal component or pretreatment component;

(iv) Replacing or altering devices that monitor or regulate the distribution of effluent (other than distribution boxes); unless under direction and approval from either the licensed designer of record for that system or approval from Clallam County Environmental Health;

(v) Make repairs or add components without a permit from a licensed designer.

(7) Suspension – Revocation.

(a) The Health Officer may suspend or revoke any sewage system maintenance provider license if there is a finding of incompetence, negligence, willful misrepresentation, or failure to comply with this chapter or other applicable laws, rules, and regulations. Not reporting OSS maintenance and monitoring activities as required by the Health Officer shall be cause for suspension or revocation of a sewage system maintenance provider license.

(b) An OSS maintenance provider whose license has been revoked shall be ineligible to reapply for relicensing until 60 days have passed from the date of revocation of the license.

41.20.240 Waivers.

The Health Officer may grant a waiver from specific requirements in this chapter if:

(1) The waiver request is evaluated by the Health Officer on an individual site-by-site basis;

(2) The Health Officer determines that the waiver is consistent with the standards in and the intent of this chapter.

41.20.250 Enforcement.

(1) The Health Officer or his/her appointed representative is authorized to enforce the provisions of this chapter. The Health Officer, his/her authorized representatives, the Clallam County Sheriff or his deputies are enforcement officers within the meaning of Chapter 7.80 RCW and are authorized to enforce the provisions of Chapter 7.80 RCW.

(2) The Health Officer or designee shall investigate any facts which lead them to believe that a person, use or condition is in violation of this chapter as outlined in the Environmental Health Services’ Response Protocol.

(3) Legal proceedings authorized under this chapter include but are not limited to:

(a) Informal administrative conferences, convened at the request of the Health Officer or owner, to explore facts and resolve problems;

(b) Orders directed to the owner and/or operator of the OSS and/or person causing or responsible for the violation of the rules of this chapter;

(c) Denial, suspension, modification, or revocation of permits, approvals, certificate, or license; and

(d) Administrative, civil, or criminal action.

(4) Orders authorized under this section include but are not limited to the following:

(a) Orders requiring corrective measures necessary to effect compliance with this chapter which may include a compliance schedule;

(b) Orders to stop work and/or refrain from using any OSS or portion of the OSS or improvements to the OSS until all permits, certifications, and approvals required by rule or statute are obtained;

(c) Orders to vacate the premises and/or property;

(d) Revocation or suspension of permits, licenses, or certificates.

(5) Notices of violation and enforcement orders issued under this section are to be in writing and include elements listed in the EHS Response Protocol.

(6) Service of all orders, administrative penalties, and assessed costs are to be in person or by certified mail to the alleged violator’s and/or property owner’s last known place of residence. Date of service shall be the date personally served or the date the certified mail was correctly deposited in the U.S. mail.

(7) Extensions. Upon written request received prior to the correction date or time, the Health Officer is authorized to grant an extension in time, or a modification in the terms, of the agreement if the person responsible for the alleged violation has shown progress toward correction of the violation and no threat to public health is determined to exist.

(8) Supplemental Order to Correct Violation. The Health Officer has authorization to, at any time, add to, rescind in part, or otherwise modify a notice and order to correct violation. The supplemental order shall be governed by the same procedures applicable to all notice and order to correct violation procedures contained in these regulations.

(9) Written Assurance of Discontinuance/Voluntary Compliance Schedule. A person found to be in violation of these regulations may submit a written assurance to discontinue the violation, or a voluntary compliance schedule. Failure to comply with the written assurance of discontinuance or the compliance schedule shall be a further violation of this chapter. The Health Officer is authorized and may use any remedy or penalty under this chapter to enforce the terms of the agreement.

(10) Stop Work Orders. The Health Officer has authority to cause a stop work order to be issued whenever the Health Officer has reason to believe that a violation of this regulation is occurring. The effect of the stop work order shall be to require the immediate cessation of such work or activity that has contributed to the violation until such time the Health Officer has removed the order. It shall be governed by the same procedures applicable to all notice and order to correct violation procedures contained in these regulations. In addition to the service of the order, an additional notice shall be posted on the property.

(11) Enforcement of Order. If, after order is duly issued by the Health Officer, the person to whom such order is directed fails, neglects, or refuses to obey such order, the Health Officer is authorized to:

(a) Utilize any remedy or penalty specified within these regulations;

(b) Abate the health violation using the procedures of these regulations;

(c) Pursue any other appropriate remedy at law or equity.

(12) The Health Officer shall have cause to deny the application or reapplication for a permit and/or license, or to revoke, suspend, or modify a required permit and/or license, of any person who has:

(a) Failed or refused to comply with the provisions of this chapter or any other statutory provision or rule regulating the operations of an OSS; or

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

(13) Right of Entry.

(a) Whenever necessary to make an inspection to enforce or determine compliance with the provisions of these regulations, and other relevant laws and regulations, or whenever the Health Officer has cause to believe that a violation of these regulations has been or is being committed, the Health Officer has authorization to, in accordance with federal and State law, seek entry of any building, structure, property, or portion thereof, at reasonable times to inspect the same.

(b) If consent to enter said building, structure, property, or portion thereof is not provided by the owner, occupier, or other persons having the authority to give consent, the Health Officer shall also have recourse to any other remedies provided by law to secure entry, including but not limited to search warrants as authorized by RCW 70.118.030.

(14) Any violation of this chapter is a misdemeanor as defined by RCW 9A.04.040.

41.20.260 Civil infractions and other penalties.

(1) Civil infractions and other penalties shall be imposed pursuant to Chapters 7.80 and 70.118 RCW, including Chapter 70.118A RCW, Chapter 246-272A WAC, these regulations, and the Department’s procedures for resolving violations and notices of infractions. Adjudication of and appeals to such citations shall be in the Clallam County District Court.

(a) Violations of this regulation shall be a Class 1 civil infraction with a maximum penalty of $250 except for an infraction of CCC 41.20.170, which shall be a Class 2 civil infraction with a maximum penalty of $125.

(2) A defendant who is issued a notice of infraction shall have no right to appeal the issuance of the notice of infraction to the Board of Health.

(3) Payment of a civil penalty does not relieve any person of their duty to comply with these regulations. Additional infractions and other penalties may be imposed for continuing noncompliance with this chapter.

(4) The Health Officer is authorized to work cooperatively with the Washington State Department of Health and the Clallam County Sheriff to implement the enforcement in subsection (1) of this section.

41.20.270 Administrative penalties.

(1) When the Health Officer determines that a violation of this chapter has occurred or is occurring, the person responsible for the violation has been legally notified, and the violation has continued beyond the date set forth in the notice of violation or order, the Health Officer has the authority to issue a monetary penalty.

(a) Daily monetary penalties shall begin on the day of issuance of the administrative penalty.

(2) The monetary penalty for violations for noncompliance with required system status inspections and reporting shall be $5 per day, not to exceed $300 per year. The effective date shall be the date the required system status report is due as ordered by the Health Officer.

(3) Monetary penalty schedule for other violations as determined by the Health Officer:

(a) First day of each violation: $100;

(b) Second day of each violation: $200;

(c) Third day of each violation: $300;

(d) Fourth day of each violation: $400;

(e) Each subsequent day of violation beyond four days: $500, not to exceed $14,000.

(4) Payment of an administrative penalty shall be made to Clallam County and receipted by Environmental Health Services. Payment of the administrative penalty does not relieve any person of their duty to comply with this chapter.

(5) The accumulation of administrative penalties may be stopped by the Health Officer if the violator begins compliance with the order or orders of the Health Officer.

(6) The administrative penalty may be reduced by the Health Officer or a hearing officer if the violation is corrected within 30 days from the date of issuance of the administrative penalty, or according to a time schedule approved by the Health Officer. The penalty should not be reduced below recovery of the costs of administration and enforcement of these regulations. In exercising discretion for the reduction of administrative penalties, the Health Officer will take into consideration the seriousness of the violation, the percentage of compliance achieved by the violator, and other relevant factors.

(7) Administrative penalties are a separate and independent method of civil enforcement and are supplementary to all other enforcement methods cited in these regulations.

41.20.280 Criminal penalties.

Criminal penalties may be levied as provided in this chapter and by State laws and regulations.

41.20.290 Appeals and hearings.

(1) Persons aggrieved by a notice of violation, order, fine or assessed costs issued by the Health Officer or his/her designees pursuant to this chapter may request a hearing with the Health Officer for the purpose of disputing or requesting a stay or modification of such notice, order, fine or assessed costs.

(2) A request for hearing before the Health Officer shall be made in writing and served to the Health Officer within 10 working days of the serving of the notice, order, fine or assessed costs. The request shall be made by fully completing and submitting a Request for Hearing form supplied by Environmental Health Services. A fee in the amount listed in the most current Clallam County Health and Human Services fee schedule is due and payable at the time the request is submitted.

(3) The Health Officer shall hold a hearing not less than 20 days nor more than 30 days from the request for hearing unless mutually agreed upon in writing by the Health Officer and person requesting the appeal.

(4) Notice of the hearing shall be given to the person requesting the appeal, the applicant and the property owner, as applicable.

(5) Upon holding the hearing requested, the Health Officer shall provide written notice of intent sustaining the order, fine or assessed costs within five working days of the hearing. Notice shall be served personally or via certified mail to the person requesting the appeal and property owner, if different than the person requesting the appeal.

(6) The Health Officer may require the parties to attend a prehearing conference at least three calendar days prior to the scheduled hearing. The prehearing conference may be conducted over the telephone. The purpose of the prehearing conference is to discuss process, settlement and/or summary disposition, clarification and jurisdiction of issues raised in the request for hearing.

(7) If settlement is reached at any time prior to the hearing before the Health Officer, a written settlement agreement may be issued in lieu of a written decision by the Health Officer. All parties must sign the settlement agreement. A settlement agreement shall be final and may not be appealed. If a settlement agreement is reached seven or more calendar days prior to the Health Officer conducting the hearing, 80 percent of any appeal or hearing fee paid shall be refunded.

(8) The aggrieved party may make a written request to appeal the Health Officer’s decision to the Board of Health within 10 working days of the date the decision is issued. The request for appeal must meet the requirements of subsection (2) of this section. The BOH will hear the request for appeal within 45 days of receipt of the request to appeal the Health Officer’s decision.

(a) A fee in the amount listed in the most current Clallam County Health and Human Services fee schedule is due and payable when an appeal of the Health Officer’s decision is made to the BOH.

(9) Following the issuance of the Board of Health’s written decision, an aggrieved person may file an appeal in a court of competent jurisdiction to appeal such decision within 30 days of the issuance of such decision.

(10) The filing of a request for hearing or appeal pursuant to this section shall operate as a stay from the requirement to perform corrective action ordered by the Health Officer, except when the Health Officer:

(a) Issues an emergency order based on a public health need for immediate compliance; or

(b) Determines that an imminent public health threat exists.

(11) It is unlawful for any person to fail to comply or otherwise violate a decision or order resulting from a hearing officer or Board of Health hearing.

41.20.300 Severability.

If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances shall not be affected.

41.20.310 Fees.

Fees shall be set and renewed annually by the Clallam County Board of Health and posted in a fee schedule.

41.20.320 Effective date.

The effective date of this chapter shall comply with WAC 246-272A-0015.