24.17.070 Applicability.

(1)    The health officer:

(a)    Shall apply this chapter to an OSS treating sewage and dispersing effluent from residential sewage sources with design flows up to three thousand five hundred (3,500) gallons per day;

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

(c)    May not apply this chapter to industrial wastewater.

(2)    A valid sewage system design approval or 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 five (5) years from the date of issuance; and

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

(3)    The WDOE has authority and approval over:

(a)    Domestic or industrial wastewater under Chapter 173-240 WAC; and

(b)    Sewage systems using mechanical treatment, or lagoons, with ultimate design flows above fourteen thousand five hundred (14,500) gallons per day.

(4)    The DOH has authority and approval over:

(a)    Systems with design flows through any common point between three thousand five hundred (3,500) to fourteen thousand five hundred (14,500) gallons per day; and

(b)    Any large on-site sewage system (“LOSS”) for which jurisdiction has been transferred to the DOH under conditions of memorandum of agreement.

(5)    The health officer has authority and approval over:

(a)    Systems with design flows through any common point up to three thousand five hundred (3,500) gallons per day;

(b)    Any large on-site sewage system (“LOSS”) for which jurisdiction has been transferred to the CCPH from the DOH by contract.

(6)    Establishing Legal Nonconforming Status. For purposes of interpretation of this chapter, any on-site septic systems which in whole or part are not in conformance with current standards, shall be considered as follows:

(a)    Legal nonconforming systems are those systems which in whole or part are not in conformance with current standards, but were legally established at a prior date at which time they were in conformance with applicable standards. Such systems may be maintained or potentially altered subject to the provisions of this chapter.

(b)    Illegal nonconforming systems are those systems which in whole or part are not in conformance with current standards and were not in conformance with applicable standards at the time of their inception. Illegal nonconforming systems shall not be approved for any alteration or expansion, and shall undertake necessary remedial measures to reach conformance with current standards or be discontinued.

(c)    Legal conforming systems are legal if new and conforming under the standards of this chapter.

(7)    Where this chapter conflicts with Chapter 90.46 RCW, Water Pollution Control, the more stringent of the two (2) statutes shall apply. (Sec. 8 of Ord. 2007-10-01; amended by Sec. 5 of Ord. 2021-11-05)