Chapter 12.05 ON-SITE SEWAGE CODE—RULES AND REGULATIONS

(3) This Chapter is adopted by the Skagit County Board of Health in accordance with the authority granted in RCW Chapter 70.05. (Ord. O20160001 (Att. A); Ord. O20070010 (part): Ord. 16438 (part), 1997)

12.05.020 Administration.

This Chapter shall be administered under the authority and requirements of RCW Chapters 43.70, 70.05, 70.118 and 70.118A and the Skagit County on-site sewage system management plan. As authorized under RCW 70.05.060(7), fees may be charged for the costs of administration. (Ord. O20160001 (Att. A); Ord. O20070010 (part): Ord. 16438 (part), 1997)

12.05.025 On-site sewage systems rules and regulations adopted.

WAC Chapter 246-272A, as now enacted or hereafter amended, is adopted by reference. Should any section of this Chapter conflict with WAC Chapter 246-272A, the more restrictive regulation shall apply. (Ord. O20160001 (Att. A); Ord. O20070010 (part))

12.05.030 Definitions.

(1) Terms and acronyms in WAC 246-272A-0010 are adopted by reference.

(2) Additional Acronyms Used in This Chapter.

“CEU” means continuing education unit, which is eight hours of Health Officer-approved classroom training.

“O/M” means operations and maintenance.

“OSS” means on-site sewage system.

“SCC” means Skagit County Code.

(3) Additional Definitions Used in This Chapter.

“Abandoned septic tank” is a septic tank that is permanently taken out of service.

“Area of special concern” means an area of definite boundaries delineated through public process, where the Health Officer determines additional requirements for on-site sewage systems which may be necessary to reduce potential failures, or minimize negative impact of on-site systems upon public health.

“Board of Health” means the Skagit County Board of Health defined in RCW Chapter 70.05.

“Campground” means an area of land developed for recreational use in temporary occupancy, such as two or more tents and/or recreational vehicles.

“Certified” means approved by the Health Officer to have met qualifications established by these rules and regulations to practice as a pumper, installer or operations and maintenance specialist in Skagit County.

“Closed record hearing or appeal” means a proceeding based upon the existing record.

“Conventional gravity system” means an on-site sewage system consisting of a septic tank and a subsurface soil absorption system with gravity distribution of the effluent.

“Conventional pressure distribution system” means an on-site sewage system consisting of a septic tank and a subsurface soil absorption system with pressure distribution of the effluent.

“Covenant” means a recorded agreement stating certain activities and/or practices are required or prohibited.

“Dump station” means an area used for emptying recreational vehicle wastewater holding tanks.

“Health Department” means Skagit County Public Health.

“Health Officer” means the Health Officer of Skagit County within the State of Washington, or a representative authorized by and under the direct supervision of the Health Officer.

“Management Plan” means the Skagit County on-site sewage management plan.

“Manufactured home” means a structure built on a permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation. Manufactured home does not include recreational vehicles.

“Manufactured or mobile home park” means a single lot of record, under the ownership or management of one person, firm, or corporation, for the purposes of locating two or more mobile or manufactured homes for residential dwelling purposes. It does not include a temporary manufactured home that meets the definition of a temporary manufactured home under this Chapter.

“Marine recovery area” means an area of definite boundaries where the Health Officer, or the Washington State Department of Health, in consultation with the Health Officer, determines that additional requirements for existing on-site sewage systems may be necessary to reduce potential failing systems or minimize negative impacts of on-site sewage systems.

“Open record hearing or appeal” means a proceeding where new information relevant to the matter can be introduced.

“Operations and maintenance specialist” means a person certified by the Health Department to independently inspect an OSS.

“Residential sewage influent” means influent that does not exceed a five-day biochemical oxygen demand (BOD5) of 230 milligrams per liter, total suspended solids of 145 milligrams per liter and fats, greases and oils of 20 milligrams per liter.

“Soil type” means one of seven numerical classifications of fine earth particles and coarse fragments as described in WAC Chapter 246-272A and this Chapter.

“Temporary manufactured home” means the temporary placement of one manufactured home on a parcel with an existing residence to accommodate the housing needs of disabled or elderly family members or to house one farm worker and his/her immediate family.

“Training” means education or field experience in a subject area.

“Water recreation facilities” means any artificial basin or other structure containing water used or intended to be used by the public for recreation, bathing, relaxation or swimming, where body contact with the water occurs or is intended to occur and includes auxiliary buildings and appurtenances. The term includes, but is not limited to:

(a) Conventional swimming pools, wading pools, and spray pools;

(b) Recreational water contact facilities as defined under RCW 70.90.110 and regulated under WAC Chapter 246-262;

(c) Spa pools and tubs using hot water, cold water, mineral water, air induction, or hydrojets. (Ord. O20160001 (Att. A); Ord. O20110012 Att. A (part): Ord. O20070010 (part): Ord. 17443 (part), 1999: Ord. 16438 (part), 1997)

12.05.040 Applicability.

The provisions of this Chapter shall be applicable to:

(1) OSS treating sewage and dispersing effluent from residential sources with design flows through any common point up to 3,500 gallons per day; and

(2) 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 nonresidential sources. (Ord. O20160001 (Att. A); Ord. O20070010 (part): Ord. 16438 (part), 1997)

12.05.045 Connection to public sewer system.

See WAC 246-272A-0025. (Ord. O20160001 (Att. A); Ord. O20070010 (part))

12.05.050 Sewage treatment and distribution technologies.

(1) Only the following treatment and distribution technologies may be permitted for use with on-site sewage systems:

(a) Proprietary treatment, bacteriological reduction and distribution technologies that are registered with the Washington State Department of Health.

(2) The Health Officer may require performance monitoring or sampling of any proprietary device or method. (Ord. O20160001 (Att. A); Ord. O20070010 (part): Ord. 16438 (part), 1997)

12.05.060 Product development permits.

See WAC 246-272A-0170. (Ord. O20160001 (Att. A); Ord. O20070010 (part): Ord. 16438 (part), 1997)

12.05.090 Permit requirements.

(1) See WAC 246-272A-0200.

(2) Permits for installation of a new OSS will expire three years after the date issued.

(a) Upon application, a new OSS installation permit may be extended for an additional three years.

(b) Only one extension is allowed.

(3) Permits for repairs to an OSS will expire one year after the date issued.

(4) Upon expiration of a permit to install a new or make a repair to an OSS, a new permit application is required. (Ord. O20160001 (Att. A); Ord. O20070010 (part): Ord. 16438 (part), 1997)

12.05.100 Location.

See WAC 246-272A-0210. (Ord. O20160001 (Att. A); Ord. O20070010 (part): Ord. 16438 (part), 1997)

12.05.110 Soil and site evaluation.

(1) See WAC 246-272A-0220.

(2) When insufficient information is available to determine the highest seasonal water table, persons performing soil and site evaluations shall measure and document water table measurements during the wet season. (Ord. O20160001 (Att. A); Ord. O20070010 (part): Ord. 16438 (part), 1997)

12.05.120 Design requirements—General.

(1) See WAC 246-272A-0230.

(2) On-site sewage systems shall be designed by engineers licensed under RCW Chapter 18.43 or on-site wastewater treatment system designers licensed under RCW Chapter 18.210.

(3) Designers and engineers shall verify previously approved soil and site evaluations prior to design to assure conditions have not changed and the soil and site evaluations contain accurate information.

(4) A resident owner of a single-family residence may design an on-site sewage system for their residence only when the following applies:

(a) The OSS is a conventional gravity or pump-to-gravity system;

(b) The resident owner of the single-family residence has not designed more than one on-site sewage treatment system in the preceding five-year period;

(d) The resident owner certifies that the design was not prepared by any other person.

(5) When proposing the use of an OSS for nonresidential sewage, the designer shall provide to the Health Officer:

(a) Documentation showing the sewage is not industrial wastewater;

(b) Documentation establishing the sewage’s strength characteristics (BOD5, total suspended solids, and fat, grease and oil levels) and identification of chemicals found in the sewage that are not found in residential sewage; and

(6) The property owner shall record a notice with the County Auditor whenever a design contains a proprietary treatment product (PTP) that is registered by the Washington State Department of Health. (Ord. O20160001 (Att. A); Ord. O20070010 (part): Ord. 16438 (part), 1997)

12.05.122 Design requirements—Septic tank sizing.

(1) See WAC 246-272A-0232(1).

(2) In lieu of the volumes listed in Table VII of WAC 246-272A-0232(2), septic tanks for single-family residences shall have the following minimum liquid volumes:

Number of Bedrooms	Required Minimum Liquid Tank Volume in Gallons
≤ 3	1,000
4	1,250
Each Additional Bedroom	250

(Ord. O20160001 (Att. A); Ord. O20070010 (part))

12.05.125 Design requirements—Soil dispersal components.

(1) See WAC 246-272A-0234.

(2) Reserve areas cannot be between trenches unless authorized by the Health Officer. (Ord. O20160001 (Att. A); Ord. O20070010 (part))

12.05.127 Design requirements—Facilitate operation, monitoring and maintenance.

(1) See WAC 246-272A-0238.

(2) Diagnostic tools, such as dose-cycle counters and hour meters on the sewage stream, or flow meters on both the water supply and sewage stream are required for systems using pumps. (Ord. O20160001 (Att. A); Ord. O20070010 (part))

12.05.130 Holding tank sewage systems.

(1) See WAC 246-272A-0240.

(2) Holding tank sewage systems may be used only if they meet the Department of Health’s RS&G for holding tank sewage systems. (Ord. O20160001 (Att. A); Ord. O20070010 (part): Ord. 16438 (part), 1997)

12.05.140 Installation.

(1) See WAC 246-272A-0250.

(2) A resident owner of a single-family residence may install an on-site sewage treatment system for their residence only when the following applies:

(a) The OSS is a conventional gravity system and may include pumps to a conventional drain field;

(b) The single-family resident/property owner has not installed more than one on-site sewage treatment system in the preceding five years; and

(c) The resident owner certifies he will advise the Health Department if any installation work will be completed by someone other than the owner. (Ord. O20160001 (Att. A); Ord. O20070010 (part): Ord. 16438 (part), 1997)

12.05.150 Inspection.

(1) See WAC 246-272A-0260.

(2) The OSS designer shall be responsible for inspecting the final construction and assuring the OSS meets the approved OSS design, however, gravity systems may be inspected by the installer of record.

(3) All installations must be inspected by the Health Department prior to backfilling, except when the installer of record receives written permission from the Health Department. (Ord. O20160001 (Att. A); Ord. O20070010 (part): Ord. 16438 (part), 1997)

12.05.155 Record drawings.

(1) See WAC 246-272A-0265.

(2) The record drawing shall be the responsibility of the designer of record.

(3) In addition to the requirements set out in WAC 246-272A-0265, the record drawing shall contain:

(a) A permanent landmark, such as a property corner, structure, or geologic feature, by which the OSS can be located at a future date; and

(b) A north arrow; and

(c) Horizontal scale bars at a scale appropriate to fill a minimum eight-and-one-half-inch by 11-inch drawing. (Ord. O20160001 (Att. A); Ord. O20160001 (Att. A); Ord. O20070010 (part))

12.05.160 Operation, monitoring and maintenance.

(1) In addition to the requirements set out in WAC 246-272A-0270, owners of on-site sewage systems with proprietary treatment products are required to ensure the OSS is inspected by an operations and maintenance specialist certified under SCC 12.05.230(6) annually, or more frequently as determined by the Health Officer.

(2) Before any property transfer, an operations and maintenance inspection must be completed by a certified O/M specialist, except when:

(a) An O/M inspection has been completed within six months prior to the property transfer; or

(b) The house has been vacant for more than two years.

(3) A copy of the operations and maintenance inspection report shall be provided to the buyer and Health Officer.

(4) Persons performing operations and maintenance inspections must meet the requirements of SCC 12.05.230. (Ord. O20160001 (Att. A); Ord. O20110012 Att. A (part): Ord. O20070010 (part): Ord. 16438 (part), 1997)

12.05.163 Operation, monitoring and maintenance—Special requirements.

(1) Food service establishments served by an OSS regulated by the Health Department shall:

(a) Have inspections of the OSS once every calendar year; and

(b) Obtain Health Department approval for continued use of the OSS if Health Department inspections or plan reviews document the potential for quality or quantity changes to the establishment’s sewage flow.

(2) The following facilities served by an OSS require Health Department permitting and O/M inspections every calendar year:

(a) Campgrounds;

(b) Mobile home parks; and

(c) Water recreation facilities other than natural bathing waters subject to WAC Chapters 246-260 and 246-262. (Ord. O20160001 (Att. A); Ord. O20110012 Att. A (part): Ord. O20070010 (part))

12.05.167 Areas of special concern and marine recovery areas.

(1) The local Board of Health shall hold public hearing(s) to identify and delineate areas of special concern or marine recovery areas and determine appropriate action to minimize public health risk. The board shall cause notice of the hearing(s) to be published in the County newspaper of record at least 30 days before the hearing date. The public may submit written comment and/or give testimony during said hearing(s).

(2) The Health Officer may investigate and take appropriate action to minimize public health risk in formally designated areas such as:

(a) Shellfish protection districts or shellfish growing areas;

(b) Sole source aquifers designated by the U.S. Environmental Protection Agency;

(c) Areas with a critical recharging effect on aquifers used for potable water as designated under Washington Growth Management Act, RCW 36.70A.170;

(d) Designated public water supply wellhead protection areas;

(e) Up-gradient areas directly influencing water recreation facilities designated for swimming in natural waters with artificial boundaries within the waters as described by the Water Recreation Facilities Act, RCW Chapter 70.90;

(f) Areas designated by the Department of Ecology as special protection areas under WAC 173-200-090, Water Quality Standards for Ground Waters of the State of Washington;

(g) Wetland areas under production of crops for human consumption;

(h) Frequently flooded areas including areas delineated by the Federal Emergency Management Agency or designated under the Washington State Growth Management Act, RCW Chapter 36.70A;

(i) Areas where nitrogen has been identified as a contaminant of concern; and

(j) Other areas designated by the Health Officer.

(3) Permits issued by the Health Department may impose more stringent requirements on new development, repairs, or renewals to protect public health in areas of special concern or marine recovery areas, including:

(a) Additional location, design, and/or performance standards for OSS;

(b) Larger land areas for new development;

(d) Additional operation, maintenance, and monitoring of OSS performance;

(e) Requirements to upgrade existing OSS;

(f) Requirements to abandon existing OSS; and

(g) Monitoring of ground water or surface water quality.

(4) Within areas of special concern or marine recovery areas, an OSS owner is required to have a person approved or designated by the Health Officer to:

(a) Inspect their OSS pursuant to WAC 246-272A-0270 and SCC 12.05.160; and

(b) Submit an on-site sewage system report to the Health Officer and the property owner within 30 days following the inspection; and

12.05.168 Marine recovery areas adopted.

Designated marine recovery areas are listed in the Skagit County on-site sewage system management plan, as now enacted or hereafter amended. (Ord. O20160001 (Att. A); Ord. O20110012 Att. A (part): Ord. O20080011)

12.05.170 Repair of failures.

See WAC 246-272A-0280. (Ord. O20160001 (Att. A); Ord. O20070010 (part): Ord. 16438 (part), 1997)

12.05.180 Expansions.

See WAC 246-272A-0290. (Ord. O20160001 (Att. A); Ord. O20070010 (part): Ord. 16438 (part), 1997)

12.05.190 Abandonment.

(1) Persons permanently abandoning a septic tank, seepage pit, cesspool or other sewage container shall:

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

(b) Remove or destroy the lid; and

(2) A septic tank, seepage pit, cesspool or other sewage container is required to be permanently abandoned when property structures are connecting to a public sewer system, except when the tank or container is a functional component of the connection to the public sewer system.

(3) If the septic tank, seepage pit, cesspool or other sewage container is taken out of service, but not permanently abandoned, the property owner shall:

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

(b) Secure the tanks to prevent access;

(d) The septage pump report shall be submitted to the Health Department. (Ord. O20160001 (Att. A); Ord. O20070010 (part): Ord. 16438 (part), 1997)

12.05.200 Septage management.

In addition to the approval and requirements under WAC 246-272A-0310, persons removing septage from an OSS shall:

(1) Submit reports on forms approved by the Health Officer; and

(2) Dispose of septage directly into a:

(a) Sewage treatment works where the septage is treated through the wastewater treatment plant system; or

(b) Facility authorized under SCC Chapter 12.16. (Ord. O20160001 (Att. A); Ord. O20070010 (part): Ord. 17443 (part), 1999: Ord. 16438 (part), 1997)

12.05.210 Developments, subdivisions and minimum land area requirements.

(1) See WAC 246-272A-0320.

(2) Occupancy of a building requiring an OSS shall not occur until the septic system has been installed and approved for use.

(3) Additional Requirements for Land Divisions.

(a) Drainfields and reserve areas for subdivisions that will use OSS systems shall be depicted on the plat map prior to final plat approval.

(b) Transport lines that are located off-site for OSS shall be installed prior to final plat approval.

(4) As an alternative to construction of transport lines that are off-site for OSS, or public sewer transport lines and stubs to each parcel, the developer may provide a performance bond in favor of the Health Department and sign an agreement with the Health Department. The bond and agreement shall meet the following conditions:

(a) Guarantee that construction will be completed within one year of the date of the approval of the agreement or other time frame as agreed upon with the Health Department;

(b) The bond shall be on a satisfactory form and in an amount based on an estimate prepared by a professional engineer or certified designer plus 35 percent. (This percentage is made up of 20 percent for a two-year inflationary period, 10 percent for contract expenditures and five percent for administrative costs);

(d) Release of the bond or assignment will occur only after:

(i) The engineer or certified designer has submitted and signed a record drawing;

(ii) The engineer or certified designer states that the installation and testing meets SCC Chapter 14.06 or other appropriate construction regulations or guidelines; and

(iii) The construction, where appropriate, has been inspected and approved by all jurisdictional agencies or municipalities. (Ord. O20160001 (Att. A); Ord. O20070010 (part): Ord. 17443 (part), 1999: Ord. 16438 (part), 1997)

12.05.220 Campground—Holding tanks.

(1) Campgrounds providing dump stations must ensure:

(a) The dump station is directly plumbed to a public sewer system; or

(b) The wastewater goes to a holding tank that is emptied by a certified septic tank pumper into a public sewer system.

(2) Dump stations for recreational vehicle holding tanks shall have the following:

(a) Four-inch sewer inlet pipe that is properly trapped; and

(b) Concrete apron sloped to the drain protected by a self-closing, hinged cover;

(d) A sign posted near the water outlet indicating that this water is for flushing and cleaning purposes only.

(3) If a dump station is not provided, the location of the nearest recreational vehicle dump station must be conspicuously posted at the entrance of the campground. (Ord. O20160001 (Att. A); Ord. O20110012 Att. A (part))

12.05.230 Certification of installers, pumpers, and operations and maintenance specialists.

(1) See WAC 246-272A-0340.

(2) Except as authorized under SCC 12.05.120 and SCC 12.05.140, any person engaged in the practice of sewage system installation, pumping, operation, monitoring or maintenance shall be certified by the Health Department.

(3) A certificate shall:

(a) Be issued for the calendar year;

(b) Not be transferable;

(d) Not be issued or renewed if the applicant is found by the Health Officer to be in violation of any of the provisions of this Chapter.

(4) On-Site Sewage System Installer. An installer applicant shall:

(a) Submit an approved application form provided by the Health Department;

(b) Pass a written examination approved by the Health Officer;

(i) Two years of full-time equivalent employment within the preceding five years as an approved installer in any other Washington state health jurisdiction; or

(ii) Eight CEUs of Health Officer-approved classes applicable to OSS installation;

(d) Provide written verification of education or experience;

(e) Provide evidence of compliance with the State of Washington Department of Labor and Industries requirements for the registration of contractors as found in RCW Chapter 18.27;

(f) Document one CEU of Health Officer-approved training within the previous 12 months when applying to renew a certificate; and

(g) Pay all fees applicable to installer certification.

(5) Applicants for certification as an OSS pumper to pump septage from an on-site sewage system, holding tank, or portable toilet shall:

(a) Submit an approved application on a form provided by the Health Department;

(b) Pass a written or field examination approved by the Health Officer;

(i) Six months of full-time employment within the preceding three years as a certified septic system pumper in any other Washington state health jurisdiction.

(ii) One CEU of Health Officer-approved training applicable to septage pumping, transportation and disposal;

(d) Provide a performance bond executed by a surety company that meets the following requirements:

(i) Be in a sum of $20,000;

(ii) Be executed by a surety company authorized to do business in the State of Washington;

(iii) Be conditioned that the holder of the pumper’s certificate, in performing work governed by these rules and regulations, shall exercise all reasonable care and skill and shall comply with all the terms and conditions of all applicable laws, ordinances and regulations and cover the cost of clean-up of accidental or improper discharges of septage;

(iv) Be kept in effect during the period of time for which the pumper’s certificate is issued;

(v) Remain in force for one year following cancellation of or termination of a pumper’s certificate; and

(vi) Be in a form satisfactory to the Skagit County Prosecuting Attorney;

(e) Provide written verification of pumper applicant requirements listed in this Subsection; and

(f) Pay all fees applicable to pumper certification.

(6) Applicants for certification as an operations and maintenance specialist shall:

(a) Apply for certification on a form provided by the Health Department;

(b) Pass a written examination approved by the Health Officer;

(i) Four CEUs of Health Officer-approved classroom training;

(ii) Thirty-two hours of training related to the operation, monitoring or maintenance of OSS within the preceding five years;

(iii) Two years’ experience providing OSS operation, monitoring and maintenance services within the preceding five years; or

(iv) Provide written verification of the operations and maintenance specialist’s application requirements listed in this Subsection.

(d) Document one CEU of Health Officer-approved classroom or field training instruction within the previous 12 months when applying to renew a certificate.

(7) The Health Officer may deny, suspend or revoke a certificate for an installer, pumper, or operations and maintenance specialist for any one or more of the following reasons:

(a) Failure to possess the necessary qualifications or to meet the requirements for the issuance or holding of a certificate;

(b) Misrepresentation or concealment of material fact in applications and documentation submitted to the Health Officer;

(d) Willfully aiding or abetting another person in violation of any applicable ordinance, law or regulation;

(e) Conviction of any crime related to the practice of on-site sewage system pumping, installation, design or operations and maintenance;

(f) Making false promises or misrepresentations through written or verbal advertising, salespeople, agents, or otherwise in connection with the practice of being an on-site sewage system installer, pumper, or operations and maintenance specialist;

(g) Having two or more unpaid final judgments against them relating to OSS practice; or

(h) Failure to maintain or cancellation or termination of any required performance bond.

(8) If the Health Officer finds that the immediate suspension or revocation of a certificate for an installer, pumper, or operations and maintenance specialist is required to protect public health and safety, the Health Officer may order the suspension or revocation to take effect immediately upon personal service of the order or three days after mailing by certified mail, return receipt requested. In other cases, the suspension or revocation shall take place 10 business days after service or, should there be a request for reconsideration or an appeal, after administrative appeals have been exhausted. (Ord. O20160001 (Att. A); Ord. O20070010 (part): Ord. 17443 (part), 1999: Ord. 16438 (part), 1997)

12.05.260 Waivers of regulations.

(1) See WAC 246-272A-0420.

(2) Requests for waivers from any requirement in this Chapter shall be submitted to the Health Officer in writing on forms provided by the Health Department. A written response will be made within 10 working days of receipt of the waiver request. (Ord. O20160001 (Att. A); Ord. O20070010 (part): Ord. 16438 (part), 1997)

12.05.270 Inspection/right of entry.

(1) Whenever necessary to make an inspection to enforce or determine compliance with the provisions of any public health rule or regulation, or whenever the Health Officer has reasonable cause to believe that a specific violation of this Chapter has been or is being committed, an inspector may enter any building, structure, property or portion thereof at reasonable times to inspect the same.

(2) Access shall be obtained as follows:

(a) If such residence, building, structure, property or portion thereof is occupied, the inspector shall present identification credentials, state the reason for the inspection, and request entry;

(b) If such building, structure, property or portion thereof is unoccupied, the inspector shall make a reasonable effort to locate the owner or other persons having charge or control of the building, structure, property or portion thereof, and request entry; or

(c) If the occupants cannot be located, the inspector shall post a notice in a conspicuous place informing the occupants that an inspection is requested and the reasons therefor. A copy of the posted notice shall be mailed to the owner of record at a reasonably ascertained address. The notice shall ask the owner/occupant to contact the inspector within 72 hours to arrange a time for such inspection.

(3) If permission to enter is denied, the inspector is unable to locate the owner/occupant, or the owner/occupant fails to respond to a request for contact and the Health Officer has reason to believe that conditions therein create an immediate and probable health hazard, the Health Officer may ask the Prosecuting Attorney to assist in obtaining a warrant. (Ord. O20160001 (Att. A); Ord. O20070010 (part): Ord. 16438 (part), 1997)

12.05.280 Enforcement.

(1) See WAC 246-272A-0430.

(2) Allowing or maintaining an OSS that does not comply with the requirements of this Chapter or presents a potential to harm the public health or the environment is a public nuisance.

(3) Each violation of this Chapter shall be a separate and distinct offense and, in the case of a continuing violation, each day’s continuance shall be a separate and distinct violation.

(4) The failure to comply with the performance and permitting requirements in this Chapter, including the failure to comply with the conditions in a permit or Health Officer order issued under this Chapter is a continuing offense and shall be a misdemeanor, punishable by imprisonment in the County jail for a maximum term fixed by the court of up to 90 days, or by a fine in an amount fixed by the court of up to $1,000, or by both such imprisonment and fine.

(5) Civil penalties, when imposed, shall be in accordance with the “Schedule of Charges: Skagit County Health Department.”

(6) A notice of violation or enforcement order shall be served on all persons named as potential violators as follows:

(a) Personal service by delivering the notice to the person or leaving the notice with a person of suitable age at the person’s residence;

(b) Mailed via certified mail to the address of the location of the violation or record address of the violator if the violator does not live at the location; or

(c) Posted on the property at the location of the violation accompanied by mailing of the notice via regular mail to the property address when an address of the violator cannot be reasonably determined.

(7) Service by certified mail is effective upon receipt or three days after the date of mailing, whichever occurs first. (Ord. O20160001 (Att. A); Ord. O20070010 (part): Ord. 16438 (part), 1997)

12.05.285 Requests for reconsideration and appeals.

(1) Requests for Reconsideration.

(a) Persons named in a notice of violation or aggrieved by enforcement of a Health Officer’s order or denial of a permit shall request reconsideration of the notice of violation, order, or permitting decision by filing a request for reconsideration, on a form provided by the Health Department, accompanied by the required filing fee, at the Health Department within 10 business days of service of the notice of violation, order, or permitting decision.

(b) Requests for reconsideration shall identify alleged errors in the notice of violation, order, or permitting decision and be supported by evidence, including statements and photographs as applicable, and by a written explanation including citation to applicable law and regulations. The Health Officer may rule on the request for reconsideration without a hearing; however, an aggrieved person may request a meeting with the Health Officer, which may be granted at the Health Officer’s discretion.

(c) The Health Officer shall issue a written decision within 30 days of receipt of the request for reconsideration unless additional time is justified by good cause. Service of the decision shall be effective upon personal service on the person(s) requesting the reconsideration, or three days after mailing the decision, via certified mail, to the address provided in the request for reconsideration.

(2) Appeals of Health Officer’s Decision on a Request for Reconsideration.

(a) Persons aggrieved by the Health Officer’s decision on a request for reconsideration may appeal by filing a notice of appeal, on a form provided by the Health Department, accompanied by the required filing fee, at the Health Department within 10 business days of service of the Health Officer’s decision.

(b) The following matters shall be heard by the Skagit County Hearing Examiner in an open record appeal hearing:

(i) Applications for a project permit or other governmental approval required by law before real property may be improved, developed, modified, sold, transferred, or used;

(ii) An interpretative or declaratory decision regarding the application to a specific property of ordinances or rules regulating the improvement, development, modification, maintenance, or use of real property; and

(iii) The enforcement of ordinances or orders regulating the improvement, development, modification, maintenance, or use of real property.

(c) Appeals involving other matters, which shall be heard as an open record appeal, and appeals of a Hearing Examiner’s decision, which shall be heard as a closed record appeal, shall be heard by the Skagit County Board of Health.

(d) A notice of appeal will not be considered filed unless the appeal fee is paid within 10 business days. The notice of appeal or an attached statement shall:

(i) Identify the decision being appealed;

(ii) Identify the appellant’s name, address and interest in the matter;

(iii) Provide a short statement identifying each error made by the Health Department;

(iv) Explain, including citations to the Skagit County Code, state law or regulation, or judicial decision, how the decision under appeal is erroneous; and

(v) State the desired outcome of changes to the decision.

(3) Procedure for Open Record Appeals.

(a) At least seven days prior to the date set for an open record hearing, the Health Department shall file a copy of the records pertaining to the decision being appealed and a staff report explaining the decision being appealed or responding to the statements in the notice of appeal. A copy of the records and staff report shall also be mailed or otherwise served on the appellant seven days prior to the date set for the hearing at the address provided in the appellant’s notice of appeal.

(b) Open record hearings before the Hearing Examiner shall be conducted pursuant to the guidance in SCC 14.06.160(7)(b) (Appeal Hearings).

(4) Procedure for Closed Record Appeals before the Board of Health.

(a) Hearings shall be conducted generally in the following order:

(i) Staff presentation;

(ii) Appellant presentation;

(iii) Respondent presentation (by parties of record only);

(iv) Rebuttal or clarifying statements by staff and the appellant; and

(v) Deliberations by the Board.

(b) No new evidence or testimony shall be given or received. The parties to the appeal may submit written statements or arguments prior to the hearing.

(c) The Board of Health shall examine the record, the decision or recommendation, and the arguments presented in the closed record hearing and select one of the following courses of action:

(i) Remand the matter for further consideration by the Hearing Examiner or the Health Officer, as appropriate;

(ii) Deny the appeal and affirm the decision under appeal; or

(iii) If the Board determines the decision under appeal is clearly erroneous, the Board may adopt its own findings, conclusions and decision.

(5) In all hearings, the appellant bears the burden of proving that the decision under appeal was clearly erroneous.

(6) Unless a hearing is continued for good cause, the hearing shall be held and a decision rendered within 90 days of the receipt of the notice of appeal. Service of the decision shall be effective upon personal service on the appellant or three days after mailing the decision, via certified mail, to the address provided in the notice of appeal.

(7) An appeal of the Board of Health’s decision shall be to the Superior Court under RCW 7.16.040 for statutory writs of review or RCW Chapter 36.70C for matters reviewable under the Land Use Petition Act, as appropriate. Appellants shall be responsible for the costs of preparing a record for appeal. (Ord. O20160001 (Att. A))

12.05.300 Fees.

Permit fees, certification fees and Health Officer charges for service(s) shall be established by resolution of the Board of County Commissioners or Board of Health. All fees are payable at the time of application or service. (Ord. O20160001 (Att. A); Ord. O20070010 (part): Ord. 16438 (part), 1997)

12.05.310 Severability.

If any provisions of this Chapter or its application to any person or circumstances is held invalid, the remainder of this Chapter, or the application of the provisions to other persons or circumstances, shall not be affected. (Ord. O20160001 (Att. A); Ord. O20070010 (part): Ord. 16438 (part), 1997)