24.17.190 Repair of failures.

(1)    When an OSS failure occurs, the OSS owner shall:

(a)    Report the failure to CCPH within twenty-four (24) hours;

(b)    Connect the residence or facility to a public sewer if available per Section 24.17.100, or if sewer is unavailable connect to a:

(i)    Publicly owned LOSS; or

(ii)    Privately owned LOSS where it is deemed economically feasible; or

(c)    In the interim period between failure and connection to public sewer, to the extent possible, work with CCPH to take steps necessary to avoid ground water contamination;

(d)    Repair or replace the OSS with a permitted conforming system or component, or if a conforming system is not possible with a system meeting the requirements of Table IX either on the:

(i)    Property served; or

(ii)    Nearby or adjacent property if easements are obtained;

(e)    Perform one of the following when requirements in subsection (1)(a) or (1)(b) of this section are not feasible:

(i)    Use a holding tank for an interim period prior to installing a permitted repair; or

(ii)    Obtain a National Pollution Discharge Elimination System or state discharge permit from the WDOE issued to a public entity or jointly to a public entity and the system owner only when the health officer determines:

(A)    An OSS is not feasible; and

(B)    The only realistic method of final disposal of treated effluent is discharge to the surface of the land or into surface water; or

(iii)    Abandon the property.

(2)    Prior to replacing or repairing the soil dispersal component, the OSS owner shall develop and submit information required under Section 24.17.100(1).

(3)    The health officer shall permit a Table IX repair only when:

(a)    Installation of a legal conforming system is not possible; and

(b)    Connection to either an approved LOSS or a public sewer is not feasible.

(4)    The person responsible for the design shall locate and design repairs to:

(a)    Meet the requirements of Table IX if the effluent treatment and soil dispersal component to be repaired or replaced is closer to any surface water, well, or spring than prescribed by the minimum separation required in Section 24.17.120, Table IV. Pressure distribution with timed dosing in the soil dispersal component is required in all cases where a conforming system is not feasible.

Table IX—Treatment Component Performance Levels for Repair of OSSs Not Meeting Vertical and Horizontal Separations1

Vertical Separation (inches)	Horizontal Separation2
	< 25 feet			25 < 50 feet			50 < 100 feet3			100 feet
	Soil Type			Soil Type			Soil Type			Soil Type
	1	2	3—6	1	2	3—6	1	2	3—6	1	2	3—6
< 12	A	A	A	A	A	A	A	A	B	B	B	B
12 < 18	A	A	A	A	B	B	A	B	B	Conforming Systems
18 < 24	A	A	A	A	B	B	A	B	C
24 < 36	A	B	B	B	C	C	B	C	C
36	A	B	B	B	C	C	B	C	E

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

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

3    On a site where there is a horizontal setback of seventy-five (75) to one hundred (100) feet between an OSS dispersal component and an individual water well, individual spring, nonmarine surface water or surface water that is not a public water source and a vertical separation of greater than twelve (12) inches, a conforming system that complies with Section 24.17.120(3) shall be installed if feasible.

(b)    Protect drinking water sources;

(c)    Minimize nitrogen discharge in areas where nitrogen has been identified as a contaminant of concern in the local plan under Section 24.17.060;

(d)    Prevent the direct discharge of sewage to ground water, surface water, or upon the surface of the ground;

(e)    Meet the horizontal separations under Section 24.17.120(1) to public drinking water sources;

(f)    Meet other requirements of this chapter to the maximum extent permitted by the site;

(g)    Maximize the:

(i)    Vertical separation;

(ii)    Distance from a well, spring, or suction line; and

(iii)    Distance to surface water.

(5)    The owner shall complete corrective action within one (1) year of the failure or sooner as required by the health officer in order to protect public health.

(6)    Prior to designing the repair system, the designer shall consider the contributing factors of the failure to enable the repair to address identified causes.

(7)    If the vertical separation is less than twelve (12) inches, the health officer may permit ASTM C-33 sand or coarser to be used as fill to prevent direct discharge of treated effluent to ground water, surface water, or upon the surface of the ground.

(8)    For a repair using the requirements of Table IX, disinfection may not be used to achieve the fecal coliform requirements to meet:

(a)    Treatment levels A or B where there is less than eighteen (18) inches of vertical separation;

(b)    Treatment levels A or B in type 1 soils; or

(c)    Treatment level C.

(9)    The health officer shall identify Table IX repair permits for the purpose of tracking future performance.

(10)    An OSS owner receiving a Table IX repair permit from the health officer shall:

(a)    Immediately report any failure to the health officer;

(b)    Comply with all local and state requirements stipulated on the permit. (Sec. 20 of Ord. 2007-10-01)