Chapter 8.15
ON-SITE SEWAGE CODE1

Sections:

8.15.010    Authority – Scope.

8.15.020    Purpose.

8.15.030    Adoption by reference.

8.15.040    Administration.

8.15.050    Definitions.

8.15.055    Local management plan.

8.15.060    Adequate sewage disposal required.

8.15.070    No discharge to water or ground surface.

8.15.080    On-site sewage system permit.

8.15.090    Design.

8.15.095    Commercial on-site sewage systems.

8.15.100    Community on-site sewage disposal systems.

8.15.105    Subdivision requirements.

8.15.110    Inspection.

8.15.120    Sewage system installer.

8.15.130    Septic tank pumpers.

8.15.140    Operation and monitoring specialist.

8.15.145    Homeowner inspection authorization.

8.15.150    Operation, maintenance and monitoring.

8.15.165    Waiver of state or local regulations.

8.15.170    Appeal – Hearing.

8.15.180    Enforcement – Penalty.

8.15.190    Severability.

8.15.200    Fees.

8.15.210    Effective date.

8.15.220    Conflict.

8.15.010 Authority – Scope.

Pursuant to Chapters 43.20 and 70.05 RCW, the Jefferson County board of health is charged with the duty of protecting the public health and safety of all inhabitants of Jefferson County, and enacting such rules and regulations as are necessary in order to carry out these responsibilities and provide for the enforcement thereof. The provisions of this regulation shall apply to all territory within the boundaries of Jefferson County. [Ord. 6-12]

8.15.020 Purpose.

The purpose of these regulations is to assure protection of public health by:

(1) Minimizing the public health effects of on-site sewage systems on surface water and ground water;

(2) Minimizing the potential for public exposure to sewage;

(3) Establishing design, installation and management requirements for on-site sewage systems to accommodate long-term treatment and disposal of sewage;

(4) Enhancing protection of environmentally sensitive areas within Jefferson County; and

(5) Compliance with the intent of Chapter 246-272A WAC. [Ord. 6-12]

8.15.030 Adoption by reference.

Chapter 246-272A WAC, On-Site Sewage Systems Rules and Regulations of the State Board of Health, as now or hereafter amended, is hereby adopted by reference as the rules and regulations of the Jefferson County board of health. [Ord. 6-12]

8.15.040 Administration.

The Jefferson County environmental health director, through authority delegated by the Jefferson County board of health and the Jefferson County health officer, shall administer these regulations. Fees may be charged for this administration. [Ord. 6-12]

8.15.050 Definitions.

In addition to those definitions set forth in Chapter 246-272A WAC the following definitions shall also apply in this regulation:

“Accessory dwelling unit” means an additional dwelling unit either in or added to an existing single-family detached dwelling, or in a separate accessory structure on the same lot as the main structure, for use as a complete, independent living facility with provisions within the accessory dwelling unit for cooking, eating, sanitation, and sleeping. Such a dwelling shall be considered an accessory use of the main dwelling and be clearly subordinate to the main dwelling.

“Certification” means a certificate granted by the health officer permitting a person to practice in the field of sewage disposal as an operation and monitoring specialist, installer, or pumper of on-site sewage systems. This term does not include a “homeowner inspection authorization,” a term defined elsewhere in this chapter.

“Chain of custody” means a procedure to ensure that samples have been in the possession of, or secured by, an authorized person at all times from sample collection to receipt by the laboratory. The procedure includes:

(a) Obtaining the sample by health officer or designee with owner or owner representative present.

(b) Assignment of sample ID number.

(c) Labeling/tagging the sample container with assigned number and location taken.

(d) Documentation by authorized sampler of date and location of samples taken.

(e) Delivery by secured means to the certified laboratory.

“Community on-site sewage system” means any on-site sewage system designed to serve two or more independent stand-alone dwelling units with design flows of up to 3,500 gallons per day. An OSS serving only one single-family residence plus one accessory dwelling unit is not considered a community on-site sewage system.

“Commercial on-site sewage system” means any nonresidential or combined residential/nonresidential on-site sewage system with a design flow of up to 3,500 gallons per day.

“Critical areas” means geologically hazardous areas, frequently flooded areas, critical aquifer recharge areas, wetlands, and fish and wildlife habitat areas, all as defined through Chapter 365-196 WAC as “critical areas” and regulated in Chapter 18.22 JCC as adopted or hereinafter amended.

“Department” means the Washington State Department of Health.

Design. An on-site sewage disposal system design shall consist of a complete scale drawing of the site plan showing the proposed sewage disposal system, including all relevant details as specified herein and in Chapter 246-272A WAC and Jefferson County policies. The design shall use the format and forms provided or approved by JCPH. Proper identification and location of soil logs and drainfield components at the site are considered to be part of the design.

“Designer” means an individual authorized by the Washington State Department of Licensing to perform design services for on-site wastewater treatment system pursuant to Chapter 18.210 RCW. Throughout this chapter this term applies to both on-site sewage treatment system designers licensed under Chapter 18.210 RCW and professional engineers licensed under Chapter 18.43 RCW.

“Dwelling unit” means a unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

“Education contact hours” means contact participation in an organized educational experience led or facilitated by qualified sponsorship, capable of direction and qualified instruction. Courses must be approved by the health officer or designee and be sources of expanded knowledge pertaining to on-site sewage treatment and disposal. A copy of the agenda or syllabus showing date, time, subject matter, presenter, sponsor and evidence of actual participation must be presented at the time of certification renewal. This evidence could be in the form of a certificate of completion, a receipt or a copy of the attendance roster of the training event.

“Evaluation of existing system” means a monitoring inspection of an on-site sewage system containing the information specified on forms approved by JCPH.

“Expansion” means a change in a residence, facility, site or use that:

(a) Causes an on-site sewage system to exceed its existing treatment or disposal capability: for example, when a residence is increased from two to three bedrooms or there is a change in use of the residence, or a change in use from an office to a restaurant; or

(b) Reduces the treatment or disposal capability of the existing on-site sewage system or the reserve area: for example, when a building is placed over a reserve area.

“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. Examples of failure include, but are not limited to:

(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, septic system component other than the drainfield, or collection system;

(d) Cesspools or seepage pits where evidence of ground water or surface water quality degradation exists;

(e) Inadequately treated effluent contaminating ground water or surface water, as demonstrated through (i) a positive tracing dye result; and (ii) a coliform count of at least 500 organisms per 100 ml of water; or (iii) the presence of the disposal component of the on-site sewage system located in ground water; or

(f) Noncompliance with conditions stipulated on the OSS permit.

“Fees” means charges as hereinafter authorized and adopted by ordinance by the Jefferson County board of commissioners or the Jefferson County board of health.

“Gray water” means sewage from bathtubs, showers, bathroom sinks, washing machines, dishwashers, and kitchen sinks. It includes sewage from any source in a residence or structure that has not come into contact with toilet wastes.

“Health officer” means the local health officer of Jefferson County public health, or a representative authorized by and under the direct supervision of the local health officer, as defined in Chapter 70.05 RCW.

“Homeowner inspector” means a person issued a homeowner inspection authorization by Jefferson County public health. This term includes other persons, including owners of commercial property, that receive approval by Jefferson County public health to complete monitoring inspections of the on-site sewage system serving a commercial establishment.

“Homeowner inspection authorization” means an authorization granted to an individual who has met the requirements of JCC 8.15.145(2) and personally holds the responsibility and liability for completing and reporting monitoring inspections on registered OSS in Jefferson County.

“Installer” means an individual who has passed the Jefferson County installer’s exam, holds a current bond and insurance as specified in JCC 8.15.120, personally holds an installer’s certificate and directly supervises the installation and/or repair of an on-site sewage disposal system in Jefferson County.

“JCPH” means Jefferson County public health.

“Modification” means alteration of an existing on-site sewage component that does not result in an increase of the capacity of the system.

“Monitoring inspection” means an inspection of the components associated with a specific OSS containing the information specified on forms approved by JCPH.

“Notice of violation” means written determination that an element or section of these rules and regulations has not been complied with.

“On-site sewage system (OSS)” means an integrated system of components, located on or nearby the property it serves, that conveys, stores, treats, and/or provides subsurface soil treatment and dispersal of sewage. It consists of a collection system, a treatment component or treatment sequence, a soil dispersal component, and a reserve area. An on-site sewage system also refers to a holding tank sewage system or other system that does not have a soil dispersal component. This includes systems previously defined as:

(a) Conventional: systems consisting solely of a septic tank and a gravity SSAS, or those including a pump to a gravity SSAS.

(b) Alternative: all systems not defined as conventional, such as pressurized, public domain treatment devices and proprietary products.

“Operation and monitoring agreement” means a document regarding monitoring of the OSS signed by the owner and recorded to the property. The document identifies that the property is served by an OSS and describes the owners’ responsibility to operate, monitor and maintain the system in accordance with state and local requirements.

“Operation and monitoring specialist” means an individual with training, skill, and experience in the maintenance, monitoring, and operation of an OSS and who is certified by JCPH to inspect and monitor the performance of an OSS.

“Owner” means title owner, per the assessor’s office, of a particular parcel or property. Residence or domicile at a particular parcel is not required to satisfy this definition.

“Preoccupancy inspection” means any inspection(s) of the OSS that are required before a certificate of occupancy can be issued.

“Probation” means a penalty period where the individual committing the violation shall be subject to additional review, reporting and/or inspection.

“Proprietary product” means a sewage treatment or distribution technology, method, or material subject to a patent or a trademark.

“Pumper” means an individual approved and granted a certificate to operate by the health officer to remove and transport wastewater or septage from septic tanks, pump chambers and portable toilets. Said individuals may repair baffles within the septic tank, install or repair risers on septic tanks or pump chambers, vacuum and hydro-jet systems, and install outlet baffle filters in a septic tank.

“Record drawing” means an accurate graphic and written record of the location and features of the OSS that are needed to properly monitor, operate, and maintain that system.

“Repair” means the reconstruction, relocation, or replacement of any portion of a failed or substandard on-site sewage system. This includes actions proposed to impact the soils surrounding the disposal component to increase the dispersal of effluent or remediate clogged soil surfaces.

“Resident owner” means a person who owns a parcel, per the assessor’s office, and occupies, or intends to occupy, that parcel.

“Residential sewage” means sewage having the constituency and strength typical of wastewater from domestic households not containing chemicals or other waste components atypical of a residential source.

“Revocation” means the termination of all the rights and privileges associated with a certification or homeowner inspection authorization.

“Scale bar” means the graphic representation by which distances can be measured.

“Scum” means lighter solids, such as fats and grease, that rise to the top of a septic tank, holding tank or pump chamber.

“Septage” means the mixture of solid wastes, scum, sludge, and liquids pumped from within septic tanks, holding tanks, pump chambers, and other OSS components or removed from grease traps.

“Septic tank” means a watertight treatment receptacle receiving the discharge of sewage from a building sewer or sewers, designed and constructed to permit separation of settleable and floating solids from the liquid, detention and anaerobic digestion of the organic matter, prior to discharge of the liquid.

“Sewage disposal permit” means a written permit, including conditions of approval, issued by the health officer or designee granting permission for the installation, modification, expansion, or repair of an on-site sewage system.

“Site installer” means an individual that has passed the installer’s exam and maintains an annual certificate, but is working under the direction, insurance and bond of a certified installer.

“Sludge” means heavy solids that settle to the bottom of a septic tank, holding tank or pump chamber.

“Soil log” means a detailed description of soil characteristics providing information on the soil’s capacity to act as an acceptable treatment and disposal medium for sewage. It includes the excavation as described in WAC 246-272A-0220(3).

“SSAS” means subsurface soil absorption system, as defined in WAC 246-272A-0010(2).

“Suspension” means the temporary termination of all rights and privileges associated with a certification or homeowner inspection authorization.

“Violation” means a failure to comply with the provisions of applicable laws, rules or regulations including, but not limited to, instances or cases when:

(a) A designer submits a permit application or a record drawing of an on-site sewage disposal system which contains any significant deviation below the minimum requirements for siting or sizing of on-site waste water treatment.

(b) An individual designs or installs an on-site sewage system that is not in accordance with the applicable regulations, or is not fitting the size, shape or topography of the site, within setbacks, as specified in Chapter 246-272A WAC; specification or approval of inadequate construction material, devices or methods.

(c) A system is not installed in accordance with the approved permit.

(d) Installer fails to notify the designer and/or JCPH when site conditions have changed, making installation of the approved permitted system impossible or impractical.

(e) A pumper disposes of wastewater or septage at an unapproved disposal site.

(f) A designer fails to submit record drawing plans as specified in JCC 8.15.110(5).

(g) An authorized person (including a homeowner inspector) fails to submit required reports to JCPH as specified in the conditions of the on-site sewage disposal permit or in this chapter.

(h) A certificate holder fails to pay fees as specified by Jefferson County ordinance.

(i) A person holding a certificate or license to install, pump or monitor an OSS fails to report to JCPH within 24 hours any nonfunctioning on-site components that could result in human contact with sewage effluent.

(j) An owner fails to complete required monitoring inspections, comply with the monitoring schedule in Table 1 in JCC 8.15.150 and/or submit the reports to JCPH or the approved entity.

(k) An owner fails to comply with conditions of the on-site sewage permit.

“WAC” means the Washington Administrative Code. [Ord. 6-12]

8.15.055 Local management plan.

(1) Management and oversight of on-site sewage treatment and disposal systems is intended to result in an effective means of regulating sewage disposal and necessary to protect the public health, by promoting a comprehensive approach to sewage treatment and disposal.

(2) A local sewage management plan was adopted in July 2007 as required by Chapter 246-272A WAC. It includes elements to:

(a) Identify all OSS in Jefferson County; and

(b) Progressively develop and maintain an inventory of all known OSS in operation; and

(c) Facilitate education of homeowners regarding their responsibilities under Chapter 246-272A WAC and this chapter and provide operation and maintenance information for all types of systems in use; and

(d) Remind and encourage homeowners to complete the operation and maintenance inspections required by WAC 246-272A-0270 and this chapter; and

(e) Maintain records required; and

(f) Enforce OSS owner permit application, operation, monitoring and maintenance and failure repair requirements; and

(g) Identify unknown, undocumented or failing OSS.

(3) The fee will support implementation of the above items and provide support and maintenance of a data base system for the records of septic system permitting, installation, operation, maintenance and communication with the responsible parties.

(4) Each on-site wastewater disposal system shall be charged an annual fee as adopted in the environmental health fee schedule to be collected via the property tax statement to implement the requirements of the Jefferson County sewage management plan as adopted and hereafter amended.

(5) The fee shall be adjusted annually per Ordinance 08-0918-14, Section 3 – Fees.

(6) Exemption from the Annual Fee. Properties that can demonstrate to the satisfaction of the health officer that they are connected to an approved municipal sewer system permitted by the Washington State Department of Ecology or provide documentation that a structure or residential unit is not connected to a water supply and capable of discharging wastewater can be exempted from the annual fee. Documentation shall be provided via:

(a) Submission of a sewer bill for the residence or structure; or

(b) Application on a form provided by environmental health and inspection by JCPH to verify the stated conditions.

(c) Information documenting an exemption shall be submitted between January 31st and March 1st of the year for which an exemption is requested.

(d) This exemption shall not be used for partial reductions of the on-site sewage operation and maintenance program charge.

(7) On-site sewage systems to be assessed the fee shall be determined based on on-site sewage system records.

(8) Jefferson County public health shall provide information to the JC assessor on new OSS and decommissioned OSS annually. [Ord. 5-16 § 1]

8.15.060 Adequate sewage disposal required.

(1) Every residence, place of business, or other building or place where people congregate, reside or are employed shall be connected to an approved public sewer. If no public sewer is available, the building sewer shall be connected to an on-site sewage system approved by the health officer. Said sewage disposal system shall be built or rebuilt, constructed and maintained in such manner as to meet the requirements as prescribed by the health officer in accordance with minimum requirements and standards of Chapter 246-272A WAC and this code. Such system may include the use of waterless toilet devices in conjunction with an approved gray water system or other proprietary products approved by the Washington State Department of Health.

(2) Any unit/facility with the potential to generate waste water by virtue of being equipped with a toilet, sink, shower or other plumbing fixture shall be connected to an approved public sewer or shall be connected to an on-site sewage system approved by the health officer.

(3) Any new or replacement residence or commercial structure, or any expansion, as that term is defined in JCC 8.15.050, may be connected to a pre-existing on-site sewage system only when the pre-existing system has hydraulic capacity, sufficient vertical and horizontal separation, an adequate reserve area and satisfies all other requirements to be in compliance with current code. [Ord. 6-12]

8.15.070 No discharge to water or ground surface.

Effluent from any on-site sewage disposal system shall not be discharged directly or indirectly to surface water or upon the surface of the ground, except where expressly permitted by JCPH or by the Washington State Department of Ecology. [Ord. 6-12]

8.15.080 On-site sewage system permit.

(1) No person shall install or cause to be installed a new on-site sewage system, nor perform any modification, extension, repair, relocation or connection to an existing on-site sewage system without a valid permit issued by the health officer.

(2) When applying for a permit to install an on-site sewage system, a detailed to-scale construction plan of the proposed system and site is required and shall include all items identified herein. Each application shall contain the information required herein, and those items identified on the septic permit application form as a minimum.

(3) The minimum land area required for approval of an OSS permit shall be determined by either Method 1 or Method 2 analysis as established in Chapter 246-272A WAC. Applications shall be reviewed in accordance with Jefferson County Policy 97-2 adopted by the board of health as amended or replaced.

(4) Where more than one lot is required to meet minimum land area requirements for issuance of a permit, a declaration of restrictive covenant shall be recorded binding together, at a minimum, the lots required to meet the minimum land area requirements. Any remaining lots not included in the declaration of restrictive covenant must either meet minimum land area requirements or have a notice recorded to the title stating that the lots do not meet minimum land area requirements for a septic system and that the lots are not eligible for a waiver under Jefferson County Policy 97-2 or as amended or replaced.

(5) Permits are transferable with property ownership.

(6) Any sewage disposal permit issued under this section shall be valid for a period of three years from the date of issuance.

(a) The permit may remain valid if the property for which the permit has been issued also has an active building permit for a structure that will be connected to the on-site sewage system.

(b) 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. Information as specified in JCC 8.15.090 shall be submitted with any new application.

(7) Repair Permit. Repair permits shall expire 90 days from the date of issue. Repair permits may be renewed for an additional 90 days if the health officer determines it is warranted.

(8) The health officer may revoke or deny a permit for due cause. Examples include, but are not limited to:

(a) Development or continued use of an OSS that threatens the public health;

(b) Misrepresentation or inaccuracy in the construction plan or the permit application, whether intended or accidental, shall be considered as grounds for invalidating and voiding any application or permit issued under this section. The applicant or their authorized agent is responsible for the accurate representation of all information presented to the health officer;

(c) Failure to meet conditions of the permit or the regulations; or

(d) Changes or alterations to the site such as grading, filling, clearing, or burning operations.

(9) Jefferson County public health shall have neither an obligation nor the power to reduce the requirements to accommodate a designer or installer’s error.

(10) 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 Jefferson County under the provision of the flood damage prevention ordinance, the OSS installation permit shall not be issued until a flood control zone permit or floodplain certification has been issued in accordance with Chapter 15.15 JCC or subsequent amendments. An OSS installation permit shall comply with the standards in said chapter.

(11) On-site sewage disposal permits shall comply with regulations and policies established by the state of Washington, the Jefferson County comprehensive plan, the Jefferson County Code, including, but not limited to, the Jefferson County critical areas ordinance, the Jefferson County shoreline master plan, the Jefferson County unified development code and any other duly adopted land use regulations of Jefferson County and the city of Port Townsend in the case of lands within the city, as adopted or hereinafter amended.

(12) Any pending and all future permits and approvals by the JCPH for the subject property shall be withheld when written notice of noncompliance with Jefferson County and other applicable codes has been provided to the property owner. Permits and applications shall be released only upon satisfactory remedy of the noncomplying action or activity.

(13) No on-site sewage system permit shall be issued for industrial, chemical or hazardous waste disposal.

(14) A soil log report shall be provided on a health department approved form by the individual who performed the soil evaluation. The report shall identify the date the soil observations were made and the name of the individual who logged the soils for the report. Soils evaluation shall be completed by a designer or professional engineer licensed in the state of Washington, soil scientist licensed in the state of Washington, the local health officer or designee.

(15) Uniform soil testing procedures shall be as described under WAC 246-272A-0220 and be used in addition to the following procedures:

(a) A minimum of two soil logs shall be dug in each, the proposed primary area and the proposed reserve area of sufficient size and depth to accurately determine site suitability for on-site sewage disposal.

(b) The health officer or designee may require additional soil logs or such further testing as is necessary to determine the adequacy of a site for on-site sewage disposal.

(c) Where sieve analysis tests are required they shall be completed by a certified lab and chain of custody requirements shall be followed.

(16) It shall be the responsibility of the owner or owner’s authorized representative to fill/cover the holes provided for evaluation of the soils for an installation permit or subdivision review within 10 days following notification that the inspection by the health officer is complete. The property owner shall be notified in writing when the inspection has been completed.

(17) Any OSS not located entirely on the property originating the sewage must be secured by appropriate easements and/or covenant recorded with the Jefferson County auditor’s office prior to issuance of the permit unless specifically waived by the health officer. In all cases the easement or covenant shall be secured and recorded prior to final approval of the system installation.

(18) Pending On-Site Sewage Disposal Permit Applications.

(a) Applications for which no decision has been issued within 12 months following the date of application, due to a lack of action by the applicant, and after receipt of written notice of pending expiration, shall expire by limitation.

(b) The health officer may extend the time for action by the applicant for a period not to exceed 180 days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once.

(c) In order to renew action on an application after expiration, the applicant shall resubmit the application and plans, pay current application fees and meet current rules and regulations.

(d) The applicant shall be provided a 60-day notice by certified mail of the pending expiration of a permit application.

(e) The statement “Voided – Lack of Action” shall be entered on the record for an expired pending permit application.

(f) Plans and other data submitted for review shall thereafter be retained as per the Jefferson County records retention schedule. [Ord. 6-12]

8.15.090 Design.

(1) All on-site sewage disposal systems shall be designed in accordance with these rules, and the criteria in Chapter 246-272A WAC, by the local health officer, by an on-site sewage system designer licensed by the Washington State Department of Licensing to perform design work pursuant to Chapter 18.120 RCW or by a licensed engineer pursuant to Chapter 18.43 RCW.

(2) Permits shall be issued for wastewater meeting domestic waste strength criteria as defined in the “Design Manual: On-Site Wastewater Treatment and Disposal Systems,” United States Environmental Protection Agency, EPA-625/1-80-012 and EPA-625/R-00/008 except where modified by, or in conflict with, Chapter 246-272A WAC or this code. Pretreatment shall be required for nonresidential/high-strength waste streams.

(3) Sewage system sizing criteria shall comply with the standards in Chapter 246-272A WAC.

(a) The number of bedrooms shall include all rooms labeled as bedrooms and any additional heated rooms not labeled as bathrooms, kitchen, living room and dining room, utility room and one bonus room except that the sewage system design may be for fewer than determined above if a covenant provided by the health officer and signed by the property owner is filed and recorded with the Jefferson County auditor, so as to be discovered during a title search, which declares the maximum capacity in bedrooms of the sewage system.

(b) In no case shall the septic system be sized for fewer bedrooms than the number of rooms labeled as bedrooms or sleeping rooms such as guest room or bunk room.

(c) The minimum design flow for any dwelling unit is 240 gallons per day.

(4) Reserve Area. As a minimum an area equal to that required for a 100 percent replacement or repair, completely separate from the primary area, and shown dimensioned on the site plan.

(5) Permit application submittal shall include the following items. Each page shall contain a header with the name and address of the property owner, and the address or parcel number of the property.

(a) One copy of the JCPH “Septic Permit Application Form” providing all identified information. This form shall have the signature of the property owner or authorized representative as provided in writing.

(b) Three copies of the design and construction specifications. One copy shall have an original stamp and designer signature with date prepared.

(c) One copy of the soil log report submitted on a separate eight-and-one-half-inch by 11-inch sheet(s). The evaluation shall include the date of evaluation and identify the soil evaluator.

(d) One copy of the calculations and assumptions supporting the proposed design including all items outlined in subsection (7) of this section.

(e) One copy of the following information:

(i) Directions to the site.

(ii) Identification if the parcel is within the boundaries of a sewer utility.

(iii) If connecting to a community OSS provide:

(A) The name, location and permit number of said system,

(B) The name, address and point of contact with the system’s management entity,

(C) A customer agreement with the management entity that provides a commitment to serve the parcel.

(iv) All easements impacting the OSS or access to the OSS, whether public or private and whether or not recorded.

(v) All covenants impacting the OSS or access to the OSS, whether public or private and whether or not recorded.

(vi) One copy of any special reports applicable to the project, such as geotechnical report or wetland delineation.

(6) Design and construction specifications shall include the following items and those required by Chapter 246-272A WAC. This portion of the application shall be no more than 10 pages, 11 inches by 17 inches, unless specifically authorized by the health officer. All sheets must be at least eight and one-half inches by 11 inches but not more than 11 inches by 17 inches.

(a) A complete, detailed, and dimensional site plan including:

(i) The date of the design, the designer’s seal and the designer’s signature.

(ii) An overall plan that represents the entire parcel to scale and identifying the location of the system components. A scale bar is required.

(iii) A scaled drawing of the area within 100 feet of the system that is at an engineering scale not to exceed one inch equals 50 feet. A scale bar is required.

(iv) Designated and dimensioned areas for the proposed primary system and the reserve area.

(v) The location of all soil logs and other soil tests for the OSS.

(vi) Location of utilities.

(vii) General topography and the percent slope of the site within 100 feet of the system and reserve areas.

(viii) Drainage characteristics.

(ix) The location of existing and proposed encumbrances including legal access documents if any component of the OSS is not on the lot where the sewage is generated.

(x) An arrow indicating north on all site plans.

(xi) Location of the essential tightline components of the sewage disposal system, including all plumbing stub outlets between the building(s) and septic tank(s), pump chamber(s), siphon chamber(s), tightline between septic tank or pump chamber and distribution network and all drainfield lines.

(xii) Identify cuts, banks, terraces, foundations, waters of the state, wells, driveways, waterlines, and surface or subsurface drains within 100 feet of the system and reserve.

(xiii) Identify the access route or driveway to the site.

(xiv) Clearly indicate scale on each site plan, including a scale bar.

(b) Construction specifications.

(c) Vertical cross-section drawings showing:

(i) The depth of the disposal component from native grade, the vertical separation, and depth of soil cover;

(ii) Septic tank;

(iii) Pump tank and its components;

(iv) Monitoring and access ports.

(7) Calculations and assumptions supporting the proposed design, including:

(a) Soil type.

(b) Hydraulic loading rate in the disposal component.

(c) Systems maximum and average daily flow capacity and how determined.

(d) Source of the sewage including waste strength characteristics.

(e) Where pumps are included, provide friction loss and dynamic head calculations.

(8) Nothing herein shall preclude the designer from providing supplemental information regarding the design directly to the client under separate cover.

(9) The proposed drainfield lateral/bed shall be staked in the field for inspection and review unless specifically waived by the health officer or designee.

(10) Septic tanks shall:

(a) Have watertight pumping access ports to ground surface over both compartments and at the outlet and inlet to facilitate inspection and maintenance. A homeowner may provide access ports to within six inches of the surface of the ground; provided, that a written agreement to uncover them for required O&M inspections has been recorded with the title to the property.

(b) Be set on a self-leveling, stable base.

(11) Distribution boxes shall be fitted with risers to grade. Distribution box risers shall be sized adequately to allow visible inspection of liquid level in the box, shall be constructed of durable materials and shall be equipped with secure, tightly fitted lids. [Ord. 6-12]

8.15.095 Commercial on-site sewage systems.

(1) Commercial on-site sewage systems as defined in this chapter shall be designed according to the standards contained in Chapter 246-272A WAC and this code.

(2) If the ownership is by more than one individual, a management and operations agreement shall be prepared by the applicant, approved by JCPH and recorded to the property as a covenant.

(3) All individual connections or separate uses within a commercial development shall be equipped with a water meter or other approved method for monitoring flows to the on-site sewage system.

(4) All commercial on-site sewage systems shall provide an annual report to JCPH including the following at a minimum:

(a) Number of connections to the system and each connection’s design flow.

(b) Copies of inspection reports consisting of the items detailed in JCC 8.15.150(7) completed per Table 1.

(c) Records identifying any maintenance completed on the system components. [Ord. 6-12]

8.15.100 Community on-site sewage disposal systems.

(1) Community on-site sewage systems as defined in this chapter shall be designed in accordance with Chapter 246-272A WAC, this code and the maintenance criteria as set forth in the current Washington State Department of Health “Design Standards for Large On-Site Sewage Systems,” 1996, and Chapter 246-272B WAC or as they may be hereafter amended.

(2) Management of community on-site sewage systems shall be by an entity approved by JCPH. If the lots are individually owned the management shall in all cases be provided by a public entity. A homeowners’ association is not considered an approved entity for the management of a community on-site sewage system.

(3) A covenant shall be recorded to the property and shall remain in place for the life of the on-site sewage system or until the on-site sewage system is no longer needed. It shall provide the management entity the following items, including but not limited to:

(a) A legal easement allowing access for construction, operation and maintenance, and repair of the OSS; and

(b) Identification of an adequate financing mechanism to assure the funding of operation, maintenance, and repair of the OSS.

(4) All lots, parcels, or individual connections to a community system shall be equipped with a water meter or other approved method for monitoring flows into the system.

(5) Sites proposing community systems shall conform to the minimum land area requirements of Chapter 246-272A WAC.

(6) All community on-site sewage systems shall provide an annual report to JCPH including the following at a minimum:

(a) Number of connections to the system and each connection’s design flow.

(b) Copies of inspection reports consisting of the items identified on forms provided or approved by JCPH per JCC 8.15.150(10) and completed per JCC 8.15.150(7).

(c) Records identifying all maintenance completed on the system components. [Ord. 6-12]

8.15.105 Subdivision requirements.

(1) A person proposing the development of subdivisions, planned unit developments, binding site plans and other land division shall obtain approval from the health officer, where the use of OSS is proposed, prior to any development.

(2) The proposal shall comply with the standards of WAC 246-272A-0320 and the Jefferson County unified development code as amended.

(3) Where preliminary approval is requested the following shall be submitted at the time of application:

(a) Applicable fees.

(b) Preliminary plan of the proposal showing the layout of the lots.

(c) A soils report and preliminary plan submitted by a licensed designer or licensed professional engineer that:

(i) Shows an area for each proposed lot/segregation that is suitable for on-site sewage disposal, and

(ii) Provides a minimum of four test pits, two feet by four feet by six feet deep, two in the area of the primary drainfield and two in the area of the reserve. Test pits shall be flagged with the lot number, and

(iii) Identifies the locations of the test pits on the preliminary plan.

(d) Soil test pits shall be made available for observation by health department staff and must be filled in upon completion of review and notification of such by the health department.

(e) Statements as to the type of potable water supply.

(4) To Obtain Preliminary Approval.

(a) The health department staff shall review the application and perform field visits.

(b) The highest anticipated ground water table elevation shall be determined. The health officer or designee may require an evaluation during the months of suspected high water table conditions where less than 18 inches of usable soil is observed.

(c) Lot sizes shall meet minimum area requirements.

(d) Soils suitable for the installation of OSS must be identified for each lot.

(e) Conceptual or detailed designs may be required by the health officer or designee.

(f) An evaluation of all existing on-site sewage systems within the bounds of the project shall be completed by an entity authorized by the health officer or designee.

(g) Where a community system or large on-site sewage system is proposed as the method of sewage disposal, a preliminary layout design of the system must be submitted to the health department as well as a letter from an approved management entity indicating that they will meet the standards of JCC 8.15.100.

(h) For the water supply a utility service review shall be completed.

(i) Public water supplies shall be developed consistent with provision of the Jefferson County coordinated water system plan, Washington State Department of Health drinking water regulations, Chapter 246-290 WAC as amended, and Washington State Department of Ecology water rights provisions, Chapter 90.03 and/or 90.44 RCW.

(ii) Wells, whether individual or public, shall not encumber adjacent property owner(s) and shall be protected by a sanitary control area of a 100-foot radius. If a sanitary control area of a 100-foot radius cannot be met, evidence of adjacent property owners’ written consent shall be submitted to the health department. For existing wells the sanitary control area shall be established by covenant and portrayed graphically on the face of the plat.

(5) To Obtain Final Approval.

(a) All conditions of the preliminary approval shall be met.

(b) The locations of test pits used for the preparation of the soils report shall be portrayed on the final plat. [Ord. 6-12]

8.15.110 Inspection.

(1) An initial inspection by the health officer or designee shall be conducted to verify soil and site conditions for the proposed design unless expressly waived by the health officer.

(2) The health officer or designee may make inspections during construction to determine compliance with these regulations.

(3) It shall be the responsibility of the installer of the system to notify the designer for inspections as specified in the design or in permit conditions.

(4) It shall be the responsibility of the installer of the system to notify the health department within one working day prior to commencement of system construction of the intent to install the system. This shall be done by means of a start card to be submitted by fax or emailed to a designated address.

(5) Final Inspection.

(a) A pre-cover inspection shall be conducted on all systems by the designer of record or other licensed designer or engineer where that person is taking responsibility to certify the system installation.

(b) For pressurized or proprietary systems:

(i) The designer shall be responsible for all inspections during the construction of the OSS.

(ii) After completion of the system, when the system is fully functional the designer shall contact the health officer or designee to schedule a joint inspection of the OSS.

(c) The designer of record or other licensed designer or engineer where that person is taking responsibility to certify the system installation shall submit a record drawing of the system installation, including the items specified in this section.

(d) No part of any on-site sewage system installation shall be put into use until final approval has been obtained from the health officer or designee.

(6) Partial installation may be allowed and shall be subject to all of the following requirements and limitations:

(a) Installation shall take place prior to the expiration date of the permit; and

(b) The health officer or designee shall be notified of the intent to install the system as described in this section; and

(c) At a minimum the treatment and disposal components shall be installed; and

(d) The system shall be vested only for the portions that are installed; and

(e) The system shall be subject to review at the time of building permit for a structure to use the system under JCC 8.15.060(3); and

(f) A report shall be submitted by the designer of record or other licensed designer or engineer where that person is taking responsibility to certify the system installation. The report shall provide details on what was installed and shall be accompanied by a drawing locating the components that were installed prior to the expiration of the permit.

(g) An additional inspection and/or permit, with appropriate fees, may be required to complete the installation and finalize the system.

(7) Final approval of on-site systems by the health officer can be made only after:

(a) Satisfactory inspection of the installed system;

(b) Receipt by JCPH of record drawings of the final construction with the operational settings and installation data report;

(c) Receipt of the homeowner operations and monitoring manual; and

(d) Compliance with installation conditions of the permit.

(8) If installation or workmanship of the on-site sewage system does not meet the requirements of this code or conditions of the permit, the health officer or designee shall order corrections and cause a subsequent inspection to be made. Fees may be charged for subsequent inspections.

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

(10) Record Drawings.

(a) After installation of the sewage disposal system has been completed, a scaled and dimensional record drawing of the sewage disposal system shall be prepared by the designer of the system on forms provided or approved by JCPH.

(b) The record drawing shall include:

(i) Information identified on the JCPH “Final Inspection Report” form as applicable to the system installed;

(ii) Measurements to existing site features enabling the first tank manhole to be easily located;

(iii) A dimensioned reserve area;

(iv) For repaired or altered OSS, the new, repaired or altered components with their relationship to the existing system;

(v) North direction indicated;

(vi) Location of all sewage system components;

(vii) Stub outs;

(viii) Tightlines;

(ix) Pump and/or siphon chamber(s);

(x) D-box(s);

(xi) Drainfield lines or bed and fill area(s) when applicable;

(xii) Other treatment components – sand filter, proprietary device, disinfection unit;

(xiii) Driveway – existing and/or proposed;

(xiv) Building(s) size, shape and placement;

(xv) Water line(s);

(xvi) Location of utility and/or other easements;

(xvii) Slope(s) – direction and percent;

(xviii) Cuts, banks, terraces;

(xix) Foundations;

(xx) Property lines;

(xxi) Surface waters, springs, wells;

(xxii) Additional information as required for systems that are covered by Washington State guidelines;

(xxiii) Designer’s stamp and signature, and date of installation;

(xxiv) Other pertinent information.

(11) The designer shall provide to the property owner:

(a) One copy of the homeowners operations and monitoring manual; and

(b) The “record drawing” of the completed system with the operational settings and installation data.

(12) A preoccupancy inspection prior to occupancy of a residence shall be required if there were no permanent structures connected to the OSS and the system requires a pump or siphon or there was not permanent power wired to a permanent structure connected to the OSS at the time of finalization of the OSS permit. This inspection may be performed by the health department, designer, or a certified operations and maintenance specialist. This inspection shall verify that conditions are consistent with the final inspection and system settings are the same. The inspection report shall be submitted on forms provided or approved by JCPH. Fees shall be charged for inspection. [Ord. 6-12]

8.15.120 Sewage system installer.

(1) Certificate Required. It shall be unlawful for any person, firm or corporation to engage in construction, alteration, repair or modification of on-site sewage systems without first having been issued a septic system installer’s certificate by the health officer.

(2) Requirements for sewage system installer shall include the following:

(a) Application shall be made on forms provided by the health officer.

(b) Certificate and/or application fees as set forth in the fee schedule shall be payable to JCPH.

(c) Written proof showing a minimum of one year of experience under the direct supervision of a certified installer, designer or operation and monitoring specialist. Completion of classroom training specific to on-site sewage system installation as approved by JCPH may be substituted for up to six months of work experience.

(d) Such certificate shall be issued only after the applicant has indicated a basic knowledge of the proper installation and function of a sewage system and knowledge of the provisions of this chapter and Chapter 246-272A WAC by successful completion of a JCPH examination. If the applicant scores below 70 percent, a license shall not be granted and the applicant may request to take the next available examination. Fees for reexamination shall be required.

(3) Renewal of Certificate. Application is required annually for certificate renewal. All certificate renewal applications, along with the required bond, renewal fee, and verification of continuing education, shall be submitted to the health officer no later than March 1st. The certificate shall not be issued or renewed if the applicant is found by the health officer to be out of compliance or in violation of the provisions of this chapter.

(4) Lapse of certification for lack of bond, payment of fees or verification of continuing education shall require completion and passage of the JCPH examination and provision of items identified.

(5) An installer’s certificate is not transferable.

(6) An installer’s certificate grants authority to install any on-site sewage system approved for use in the state of Washington, except in the case of a proprietary product where a special authorization, in writing, is required by the manufacturer or patent holder.

(7) A Jefferson County certified installer, or site installer as defined in JCC 8.15.050, shall be present on the site during all phases of system installation.

(8) Maintenance items, including those listed in JCC 8.15.140(4)(b) and WAC 246-272A(2), shall be reported on an inspection report to JCPH in an approved format.

(9) Exception. A bona fide resident owner may construct, alter, repair, or modify a permitted on-site sewage system on his/her own property for his/her own use without obtaining an installer’s certificate, provided:

(a) That he/she complies with other terms of this chapter, WAC 246-272A-0250; and

(b) That he/she installs no more than one system in any one calendar year; and

(c) The on-site sewage system is intended to serve the primary residence of the owner; and

(d) The resident owner does not arrange for, nor contract, nor hire, with or without reimbursement, any person or concern to perform that work, unless that person is a Jefferson County certified sewage system installer as set forth in this section; and

(e) The sewage system is located on the same lot as the residence or situated on adjoining property controlled by the owner and legally listed as an encumbrance; and

(f) Prior to beginning installation the health officer or designee and the designer are contacted to schedule required inspections.

(10) A property owner may not install the OSS and its components, unless specifically allowed by the health officer or designee, if the site meets any of the following criteria:

(a) Has horizontal or vertical separations less than required in Chapter 246-272A WAC;

(b) Receives commercial or industrial wastewater as defined in Chapter 246-272A WAC;

(c) Is permitted as a nonconforming repair;

(d) Has a reduced drainfield size of 50 percent or less;

(e) Is within 200 feet of surface water, as measured from the ordinary high water mark;

(f) Is within 200 feet of a Category I or II wetland;

(g) Is in a 100-year floodplain, as defined by the Federal Emergency Management Agency;

(h) Is in a special aquifer recharge protection area as defined in JCC 18.22.100 or as amended;

(i) Is in a marine recovery area;

(j) Is adjacent to a marine shoreline.

(11) Site Installer. A certified sewage system installer may sponsor a site installer to be responsible for compliance with Chapter 246-272A WAC. The certified installer shall inform the health officer of the site installer’s name(s) and of any changes in employment status of sponsored site installers. Site installers must pass the installer’s exam and maintain their annual certificate.

(12) Bond and Insurance Required. Prior to the issuance of a sewage system installer’s certificate, the applicant must be in possession of a bond obtained in accordance with the special or general contractors laws of the state of Washington running to Jefferson County public health on a form approved by JCPH in the sum of $20,000 and executed by a surety company duly authorized to do business in the state of Washington. The bond shall be conditioned that the holder of the certificate and his/her agents, 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 these rules and regulations. The bond must be kept in effect during the period of time for which the certificate is issued and cancellation of the bond shall automatically suspend the certificate. The bond shall run for a period of 36 months following termination of the certificate. Applicant shall provide proof of business liability insurance in the minimum amount of $500,000 in accordance with the special or general contractors laws of the state of Washington; except, site installers working for or under the direction of a general contractor who is also a certified installer may have this requirement waived if the general contractor provides a written statement indicating their assumption of responsibility for the individual’s work, and agreement to coverage of the individual by the general contractor’s bond and liability insurance.

(13) Continuing Education. Each installer shall obtain a minimum of eight hours of approved classroom training 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 certificate renewal.

(14) Suspension/Revocation. A sewage system installer’s certificate may be revoked or suspended as set forth in JCC 8.15.180 if he/she has been found to be in noncompliance with provisions of this chapter or has performed with negligence, incompetence or misrepresentation. [Ord. 6-12]

8.15.130 Septic tank pumpers.

(1) Certificate Required. It shall be unlawful for any person, firm, or corporation to engage in the activity of cleaning any septic tank, pump chamber, chemical toilet, or removing other accumulations of sewage without first having obtained a septic tank pumper’s certificate from the health officer.

(2) Renewal of Certificate. Application is required annually for certificate renewal. All certificate renewal applications, along with the required bond, renewal fee, and verification of continuing education, shall be submitted to the health officer no later than March 1st. The certificate shall not be issued or renewed if the applicant is found by the health officer to be out of compliance or in violation of the provisions of this chapter.

(3) A septic tank pumper’s certificate is not transferable.

(4) Septage Disposal Site Approval. It shall be unlawful to dispose of septic tank pumpings or other accumulated sewage at any location other than disposal sites designated and approved by the Washington State Department of Ecology.

(5) No material/substance shall be discharged into any component of the OSS during pumping or maintenance excepting that tank(s) may be filled with water to prevent floatation.

(6) Access risers and monitoring ports shall be secured against tampering and accidental access prior to leaving a site where a tank has been serviced or inspected.

(7) Reporting Requirements.

(a) Each pumper shall submit to the health officer not later than the tenth day of each month a report on a form provided by JCPH. Said report shall contain:

(i) The dates, sources, disposal site, disposal receipts, and volume of each load of wastes handled from the preceding calendar month.

(ii) Vacuuming system on each occurrence with the date and physical address and property owner name.

(iii) Hydro-jetting system on each occurrence with the date and physical address and property owner name.

(iv) Each pumper shall list portable toilet locations, the frequency of service and the disposal location on the monthly report.

(b) Each pumper shall complete an inspection report at each site where a holding tank, septic tank or pump chamber is serviced. Inspection reports shall be submitted in the format and manner prescribed by JCPH. Said report shall include at a minimum the following information:

(i) Measured depth of scum and sludge in the septic tank and pump chamber if present.

(ii) Condition of tank(s), baffles, risers, screens.

(iii) Signs of backflow from drainfield.

(iv) Signs of ground water infiltration into tank(s).

(c) By submitting these reports, the pumper affirms that they have performed inspection of the items under subsection (7)(b) of this section and accurately reported the results.

(8) Pump Tank Requirements. Pumping equipment must be presented to JCPH for inspection at the time of certificate application and renewal or upon request of the health officer.

(a) The pump tank must be of at least 1,000 gallons in capacity and must be in good repair and of cleanable construction.

(b) All hoses and pumping equipment shall be kept in a clean and sanitary condition while stored or in transit.

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

(d) The name of the operating firm shall be prominently displayed on the sides of the vehicle.

(9) Bond Required. Prior to the issuance of a septic tank pumper’s certificate, the applicant must post a bond with JCPH in a form approved by the prosecuting attorney of Jefferson County, and executed by a surety company authorized to do business in the state of Washington, in the sum of $2,000.

(10) Continuing Education. Each pumper shall obtain a minimum of six hours of approved classroom training 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.

(11) Suspension/Revocation. A septic tank pumper’s certificate may be revoked or suspended as set forth in JCC 8.15.180 if he/she has been found to be in noncompliance with the terms of this chapter or has performed with negligence, incompetence or misrepresentation. [Ord. 6-12]

8.15.140 Operation and monitoring specialist.

(1) Certificate Required. It shall be unlawful for any person, firm or corporation to engage in any operation and maintenance or monitoring inspection required by JCPH without first having been issued an operation and monitoring specialist certificate by the health officer, except as identified in JCC 8.15.150(6).

(2) A sewage system operation and monitoring specialist certificate shall not be transferable.

(3) Requirements for monitoring specialist certificate shall include all of the following:

(a) Application shall be made on forms provided by the health officer.

(b) Certificate and/or application fees as set forth in the fee schedule shall be payable to JCPH.

(c) Written proof showing a minimum of one year of experience under the direct supervision of a certified installer, designer or operation and monitoring specialist or other experience as approved by the health officer. Completion of classroom training specific to on-site sewage system operation and maintenance as approved by JCPH may be substituted for up to six months of work experience.

(d) Written proof of completion of a minimum of 16 education contact hours in on-site wastewater treatment, operation and maintenance at the Northwest On-Site Wastewater Training Center or equivalent.

(e) Take and pass a written examination to verify the applicant’s knowledge of the operation and monitoring requirements, both herein and in Chapter 246-272A WAC or as amended, for the on-site sewage systems approved by the Washington State Department of Health, excepting those proprietary devices requiring a special authorization from the system proprietor. A passing score is a minimum of 70 percent correct.

(4) Scope of Practice.

(a) The operations and monitoring specialist may complete regular monitoring of an on-site sewage system including:

(i) Measuring levels of sludge, scum and liquid in the system components,

(ii) Visual evaluation of the condition of all system components,

(iii) Inspect and report the condition of system components, monitoring ports and the surface above the drainfield/disposal area,

(iv) Record information from devices such as cycle counter or operating hour meters and water meters.

(b) The operations and monitoring specialist may complete the following maintenance if authorized by the homeowner:

(i) Clean pump screen or outlet baffle screen,

(ii) Install and repair septic tank lids, risers and baffles,

(iii) Install or adjust flow distribution devices in a distribution box,

(iv) Replace pumps, float switches, and check valves intended to prevent the back flow of effluent into the pump chamber, within Washington State Labor and Industries requirements,

(v) Make repairs to a septic tank or pump chamber to correct a condition of ground water intrusion or leakage,

(vi) Excavate for purposes of affixing sweeping 45-degree-angle lateral ends and removable end caps on manifolds and lateral lines, for purposes of maintenance, such as flushing, jetting and brushing.

(c) The operations and monitoring specialist shall not:

(i) Pump the septic tank and/or pump chamber, except in the case where he/she also holds a valid septic tank pumper’s certificate;

(ii) Excavate an OSS’s drainfield or any drainfield component, except as stated in subsection (4)(b) of this section, or in the case where he/she also holds a valid installer’s certificate;

(iii) Alter devices such as cycle counters or operating hour meters without the prior written approval of JCPH;

(iv) Alter or replace any portion of the subsurface disposal component or pretreatment components, except as stated in subsection (4)(b)(vi) of this section and except in the case where he/she also holds a valid installer’s certificate and a permit has been obtained for such work; or

(v) Replace or alter devices that monitor or regulate the distribution of the effluent, except as noted in subsection (4)(b)(iii) of this section.

(d) The operations and monitoring specialist may expose portions of the OSS to create a scaled location diagram with measurements to permanent objects. To complete or final a permit the OSS components must be verified by JCPH inspection.

(e) Access risers and monitoring ports shall be secured against tampering and accidental access prior to leaving a site where an OSS has been serviced or inspected.

(5) The operations and monitoring specialist shall report failure of an on-site sewage system to JCPH within 24 hours of first identifying the failure.

(6) Inspection reports shall be submitted by the operations and monitoring specialist to JCPH or other authorized agency within 30 days following the inspection.

(a) The reports shall be submitted in the format and manner prescribed by JCPH.

(b) Fees shall be charged for each report submitted, with the exception of those submitted within 60 days to follow up on corrections identified in a previous report.

(c) Fees due to Jefferson County for submittal of inspection reports shall be payable within 30 days of invoice.

(d) By submitting the report the operation and monitoring specialists affirm that they have performed and accurately reported all current system and site conditions.

(i) At a minimum, the monitoring inspection shall include a site visit and a visual inspection of all tanks, pump basins, treatment units, disposal area and other components of the system as detailed on the record drawing or site plan on record.

(e) Maintenance items completed, including those listed in subsection (4)(b) of this section, shall be reported on an inspection report to JCPH in an approved format within 30 days of completion.

(7) For proprietary products that require monitoring and maintenance by an authorized person, an O&M specialist shall not monitor and maintain these products unless he/she has obtained written authorization from the manufacturer or patent holder.

(8) Continuing Education. Each operations and monitoring specialist shall obtain a minimum of eight hours of approved classroom training pertaining to on-site sewage treatment and disposal every two years. Proof of training shall be submitted annually with application for renewal.

(9) Bond Required. Prior to the issuance of an operation and monitoring specialist certificate, 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.

(10) Renewal of Certificate. Application is required annually for certificate renewal. All certificate renewal applications, along with the required bond, renewal fee, and verification of continuing education, shall be submitted to the health officer by March 1st.

(a) The certificate shall not be issued or renewed if the applicant is found by the health officer to be out of compliance or in violation of any provision in this chapter.

(b) After March 1st of any particular year, the certificate issued for the prior year shall become void.

(c) If an O&M specialist’s certification lapses or becomes void the applicant cannot renew a certificate. The individual must comply with all requirements of this section in the same manner as a new applicant, including passing the written exam.

(11) JCPH reserves the right to observe, audit, or inspect the on-site sewage system and related activities of certificate holders.

(12) Suspension/Revocation. An operation and monitoring specialist’s certificate may be revoked or suspended as set forth in JCC 8.15.180 if he/she has been found to be in noncompliance with the terms of this chapter or has performed with negligence, incompetence or misrepresentation. [Ord. 6-12]

8.15.145 Homeowner inspection authorization.

(1) Inspection Authorization Required. A property owner may complete monitoring inspections required in this code for the system types and at the frequency identified in Table 1 in JCC 8.15.150 after receiving a homeowner inspection authorization from the health officer.

(a) Authorization allows the authorization holder to inspect an eligible on-site sewage system serving the single-family residence, duplex or other structure appurtenant to the single-family residence on property that he/she owns. See subsection (3) of this section for exceptions.

(b) Authorization for properties that include a commercial activity, including those categorized as a “home business” under JCC Title 18, may be considered based on a number of factors including but not limited to waste strength, use of hazardous materials, proximity to surface water, and others as determined by the health officer.

(c) At the time of authorization a homeowner must register for each OSS where they will be conducting a monitoring inspection. The homeowner must list the assessor’s parcel number and septic case number for each such OSS that will be subject to the homeowner inspection authorization.

(d) A homeowner inspection authorization is issued to a specific individual and shall not be transferable.

(e) A homeowner inspection authorization is valid for the period of ownership of the specific on-site sewage system(s) listed in the initial property/system registration. Reauthorization is required for a new property or new on-site sewage system on the property;

(2) Requirements for a homeowner inspection authorization shall include all of the following:

(a) Application shall be made on forms provided by JCPH and shall specify the OSS(s) to be inspected.

(b) Authorization and/or application fees as set forth in the fee schedule shall be payable to JCPH at the time of application submittal.

(c) Submit documentation to JCPH showing satisfactory completion of JCPH approved training. Training must include:

(i) Basics of OSS operation, monitoring and maintenance; and

(ii) How to conduct a monitoring inspection and report the results.

(d) Take and pass an examination from a JCPH approved agency within the past year to verify the applicant’s knowledge of the operation and monitoring for their system;

(3) A family member may apply to perform the monitoring inspection and submit the report for an eligible OSS owned by an infirm elderly, disabled parent or disabled immediate family member.

(a) The owner must sign the application and acknowledgment that they are responsible for the inspection.

(b) The owner must complete the approved training.

(c) The person proposing to perform the monitoring inspection must meet all requirements identified in subsection (2) of this section and document on the report that they completed the inspection.

(d) The requirements of subsections (3)(a) and (b) of this section may be waived by the health officer if circumstances do not allow the owner to sign and acknowledge the application or take the training.

(e) Application to complete a monitoring inspection for a nonfamily member may be considered by the health officer on a case by case basis;

(4) The homeowner inspection authorization does not authorize the holder of that authorization to:

(a) Repair an OSS of which they are not a resident owner;

(b) Inspect or maintain a proprietary product that requires monitoring and maintenance by a manufacturer authorized person, unless they provide written documentation from the manufacturer that they have received training and are authorized to complete inspections and maintain the specific product;

(5) The homeowner inspection authorization holder shall report failure of an on-site sewage system to JCPH within 24 hours of first identifying the failure;

(6) Monitoring inspection reports shall be submitted by the authorization holder to JCPH or other authorized agency within 30 days following the inspection;

(7) The reports shall be submitted in a format and manner prescribed by JCPH; and

(8) Shall be accompanied by the required fees with the exception of those submitted within 60 days to follow up on corrections identified in the previous report;

(9) For each monitoring inspection report submitted the homeowner will affirm that they have reviewed the approved course materials and the field inspection guide.

(10) JCPH reserves the right to observe, audit, or inspect the on-site sewage system and related activities of homeowners authorized to complete inspections under this section.

(11) Suspension/Revocation. A homeowner inspection authorization may be suspended or revoked as set forth in JCC 8.15.180 if he/she has been found to be in noncompliance with the terms of this chapter or has performed with negligence, incompetence or misrepresentation. [Ord. 6-12]

8.15.150 Operation, maintenance and monitoring.

(1) Responsibility of Owner(s). The owner of every residence, business, or other place where persons congregate, reside or are employed that is served by an OSS, and each person with access to deposit materials in the OSS shall use, operate, and maintain the system to eliminate the risk to the public associated with improperly treated sewage. Owners’ duties are included, without limitation, in the following list:

(a) They shall comply with the conditions stated on the on-site sewage permit.

(b) They shall employ an approved pumper to remove the septage from the tank(s) when the level of solids and scum indicates that removal is necessary. The septic tank shall be pumped when the total amount of solids equals or exceeds one-third the volume of the tank. The pump and/or siphon chamber(s) shall be pumped when solids are observed.

(c) They shall not use water in quantities that exceed the OSS’s designed capacity for treatment and disposal.

(d) They shall not deposit solid, hazardous waste, or chemicals other than household cleaners in the OSS.

(e) They shall not deposit waste or other material that causes the effluent entering the drainfield to exceed the parameters of residential/household waste strength.

(f) They shall not build any structure in the OSS area or reserve area without express, prior consent of the health officer.

(g) They shall neither place nor remove fill over the OSS or reserve area without express, prior consent of the health officer.

(h) They shall not pave or place other impervious cover over the OSS or reserve area.

(i) They shall divert drains, such as footing or roof drains, away from the area of the OSS.

(j) They shall comply with inspection requirements in this section, and JCPH Policy 04-01 as adopted by the board of health as amended or replaced.

(k) They shall provide maintenance and needed repairs to promptly return the OSS system to a proper operating condition. They shall obtain permits where required by local and state codes.

(l) They shall ensure that all monitoring and maintenance is performed by an authorized person and reported to JCPH in the prescribed time frame and approved format.

(m) They should not dispose of excess food waste via a garbage disposal.

(n) They should not drive, park or store vehicles or equipment over the drainfield or reserve area.

(o) They should not allow livestock access to the OSS area or reserve area.

(p) They shall comply with WAC 246-272A-270.

(q) They may complete monitoring inspections for any eligible OSS serving a single-family residence or duplex on property they own at the frequency identified in Table 1 after meeting the requirements of JCC 8.15.145(2).

(2) Breach of Owner’s Responsibilities. An owner’s or occupier’s failure to fulfill any of the responsibilities in subsection (1) of this section shall be a basis for a notice of violation and for the health officer to decline to issue approval for further development on the parcel.

(3) Where a proprietary product is included as a part of the on-site sewage system, a restrictive covenant shall be placed on the title of the property providing notice that the site is served by an alternative method of sewage disposal and requires regular maintenance that must be performed by a person authorized by the device manufacturer and certified by JCPH. This notice shall be recorded prior to final approval of the system on forms approved by JCPH.

(4) The health officer shall be responsible to make available written guidance on the proper maintenance and operation of the OSS to the owner. Information shall be made available to the public by JCPH.

(5) The health officer shall be responsible to retain access to monitoring information submitted to JCPH according to the records retention schedule for review by property owner or interested parties.

(6) Certificate or Authorization Required for Monitoring and Maintenance.

(a) It shall be unlawful for any person, firm or corporation, other than JCPH, to engage in any monitoring inspection required under these regulations without holding either:

(i) A valid operations and monitoring specialist certification from JCPH; or

(ii) A valid license from the Washington Department of Licensing to design on-site sewage systems pursuant to Chapter 18.120 RCW; or

(iii) A licensed engineer pursuant to Chapter 18.43 RCW; or

(iv) A valid homeowner inspection authorization for a specific property or properties.

(b) It shall be unlawful for any person, firm, or corporation to perform maintenance on an OSS without holding a valid designer license or certification from JCPH as an installer, O&M specialist, or pumper. This includes vacuuming or jetting an OSS; except, property owners may perform maintenance on their own OSS.

(7) On-Site Sewage System Inspection Requirements.

(a) The owner shall assure that the OSS receives a complete evaluation of the system components and/or property to determine functionality, maintenance needs and compliance with regulations and any permits:

(i) At least once every three years for all systems consisting solely of a septic tank and gravity drainfield;

(ii) Annually for all other systems unless more frequent inspections are specified by these regulations or the local health officer.

(b) On-site sewage systems in Jefferson County shall be inspected at the identified frequency by an approved monitoring entity that meets the standards in JCC 8.15.140 or 8.15.145 when and where applicable. See Table 1.

(c) Annual monitoring inspection by a certified O&M specialist or licensed designer is required for an OSS that:

(i) Receives wastewater of greater than residential strength.

(ii) Receives wastewater from a food-service establishment.

(iii) Includes an aerobic treatment unit, proprietary treatment unit listed by Washington State Department of Health or includes drip irrigation as a component of the system.

(d) Inspection by a certified O&M specialist, licensed designer or JCPH is required:

(i) For community on-site sewage systems.

(ii) For on-site sewage systems serving commercial enterprises unless authorization is granted to the homeowner for a specific OSS system.

(iii) At the time of sale or transfer of a property, except if there is a monitoring inspection on file by a certified O&M specialist or licensed designer in compliance with the inspection frequency identified in subsection (7)(a) of this section. The monitoring inspection report shall be on file with JCPH prior to the sale or transfer.

(iv) At the time of application for building permit on the property per JCPH Policy 04-01 as adopted or amended.

(v) At the time of application for other land use or governmental actions including but not limited to:

(A) Land divisions where an existing OSS is part of the proposal,

(B) Conditional use permit,

(C) Boundary line adjustment where an existing OSS is part of the proposal.

(e) Where there are no county records regarding the type, size, location and other applicable information on a septic system, a site plan identifying the tank location and other components must be completed by a certified O&M specialist or licensed designer and submitted to JCPH prior to any inspection by a homeowner holding an inspection authorization.

(f) Fees for inspections and monitoring or maintenance contracts shall be set by the service provider.

(g) The health officer may require more frequent inspections for systems where a problem has been identified.

(h) Multiple Requirements. If the manufacturer, patent holder, state, JCPH, and any other relevant body have differing recommendations or requirements for inspection and maintenance intervals for an OSS or any component of the OSS, then the owner shall follow the most frequent service interval.

(8) Operations and Monitoring Agreement. The owner of any site where a permit is issued for an on-site sewage component shall complete and record to the property title an operations and monitoring agreement prior to finalization of the permit. The agreement shall be on a form approved by the public health department.

(9) Operation and Monitoring Access Requirements.

(a) The owner of the system shall provide access to the system for inspection and maintenance/monitoring as follows:

(i) Septic Tank. Septic tanks shall be fitted with watertight pumping access risers to the ground surface over both compartments and over the outlet baffle, except as set forth in JCC 8.15.090(10). The risers shall have a means to lock or secure the lid against tampering and accidental access.

(ii) Pump Chamber. Pump chambers shall have a watertight riser to ground surface over the pump. The riser shall have a means to lock or secure the lid against tampering and accidental access.

(iii) Proprietary Devices and Disinfection Equipment. Access shall be provided as determined by the manufacturer or patent holder and shall include access to ground surface for effluent sample collection, observation and inspection of the unit.

(10) Inspection Report. The inspection report shall be submitted in a format and manner prescribed by JCPH. The inspection report form shall be completed in full and applicable fees paid for an inspection to be considered valid.

 

Table 1: Minimum Monitoring Inspection Frequency by System Type and Who Is Eligible to Complete the Inspection 

Time

Conventional Gravity – No Pump

Conventional w/Pump, Pressure Distribution, Mound, Sandfilter, Other Public Domain Technology

Aerobic Treatment Unit (ATU), Proprietary Device, Drip Irrigation

Frequency of Inspection – Every 3 Years

Frequency of Inspection – Every Year

Frequency of Inspection – Every Year

OSS1 Not Within Risk Category2

OSS1 Is Within Risk Category2

OSS1 Not Within Risk Category2

OSS1 Is Within Risk Category2

All Sites

Year 1

N/A

N/A

HO or OMS or DES

OMS or DES

3OMS or DES

Year 2

N/A

N/A

HO or OMS or DES

HO or OMS or DES

3OMS or DES

Year 3

HO or OMS or DES

HO or OMS or DES

HO or OMS or DES

HO or OMS or DES

3OMS or DES

Year 4

N/A

N/A

HO or OMS or DES

OMS or DES

3OMS or DES

Year 5

N/A

N/A

HO or OMS or DES

HO or OMS or DES

3OMS or DES

Year 6

HO or OMS or DES

OMS or DES

OMS or DES

HO or OMS or DES

3OMS or DES

Year 7

N/A

N/A

HO or OMS or DES

OMS or DES

3OMS or DES

Year 8

N/A

N/A

HO or OMS or DES

HO or OMS or DES

3OMS or DES

Year 9

OMS or DES

HO or OMS or DES

HO or OMS or DES

HO or OMS or DES

3OMS or DES

Year 10

N/A

N/A

HO or OMS or DES

OMS or DES

3OMS or DES

Year 11

N/A

N/A

HO or OMS or DES

HO or OMS or DES

3OMS or DES

Year 12

HO or OMS or DES

OMS or DES

OMS or DES

HO or OMS or DES

3OMS or DES

Above schedule repeats for the life of the OSS

HO = Homeowner with inspection authorization

OMS = Operation and monitoring specialist

DES = Licensed on-site sewage system designer or professional engineer

1 OSS – includes all components of an on-site sewage system including tanks, transport lines, treatment and disposal components.

2 Risk categories include any one of the following elements:

• Setbacks – OSS with components not meeting the current required setbacks to a well or surface water.

• Shorelines – OSS with components within 200 feet of ordinary high water.

• Floodplain – sites with OSS components mapped by FEMA as being within a 100-year floodplain.

• Waiver – OSS with components not meeting the current required setbacks to a well or surface water.

• OSS replacement or repairs not meeting current code at the time of permitting.

3 OMS or DES = Professionals inspecting ATUs and proprietary devices must have authorization by the manufacturer to monitor and maintain these treatment units.

[Ord. 6-12]

8.15.165 Waiver of state or local regulations.

(1) Applicability. Any person who owns or operates an OSS may apply to the health officer for a waiver from any paragraph of these regulations.

(2) Granting Requirements.

(a) The health officer may grant such a waiver if it finds that:

(i) Special circumstances exist that are not of the applicant’s making;

(ii) An unnecessary hardship will occur without the waiver;

(iii) The health officer has determined that the waiver is consistent with the standards in, and the intent of, the public health protection purpose and objectives of these rules;

(iv) Corresponding mitigation measure(s) to assure that public health and water quality protection, at least equal to that established by these rules, is provided.

(b) The health officer may grant a waiver conditioned by a timetable if:

(i) Compliance with this regulation will require spreading of costs over a considerable time period; and

(ii) The timetable is for a period that is needed to comply with this regulation.

(c) The health officer may grant waivers from these regulations for standards that are more stringent than the standards of Chapter 246-272A WAC, or from provisions in these regulations that are not contained in Chapter 246-272A WAC without department of health approval.

(3) Application.

(a) The application shall be made on forms provided by JCPH and accompanied by all information required by the health officer or designee.

(b) The health officer may request additional information if required to make a decision.

(c) An application for a waiver, or for the renewal thereof, submitted to the health officer shall be approved or disapproved by the health officer within 90 calendar days of receipt unless the applicant and the health officer agree to a continuance.

(4) Renewal. The health officer may renew any waiver granted pursuant to this section on terms and conditions and for periods that would be appropriate on initial granting of a waiver. No renewal shall be granted except on written application. Any such application shall be made at least 60 calendar days prior to the expiration of the variance. [Ord. 6-12]

8.15.170 Appeal – Hearing.

(1) Appeal of Public Health Action – Health Officer Administrative Hearing. Any person aggrieved by the contents of a notice and order to correct violation issued under this regulation, or by any inspection, permit issuance or enforcement action conducted by public health under this regulation, may request, in writing, a hearing before the health officer or his or her designee. The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of public health. Such request shall be presented to the health officer within 10 business days of the action appealed; except in the case of a suspension, the request for a hearing must be made within five business days. Upon receipt of such request together with hearing fees, the health officer shall notify the person of the time, date, and place of such hearing, which shall be set at a mutually convenient time not less than five business days nor more than 30 business days from the date the request was received. The health officer will issue a decision upholding or reversing public health’s action. The health officer may require additional actions as part of the decision.

(2) Appeal of Administrative Hearing.

(a) Any person aggrieved by the findings or required actions of an administrative hearing shall have the right to appeal the matter by requesting a hearing before the board of health. Such notice of appeal shall be in writing and presented to the health officer within five business days of the findings and actions from the administrative hearing and shall be accompanied by a fee as established in the current public health fee schedule. The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the health officer. The appellant and the health officer may submit additional information to the board of health for review.

(b) The notice and order to correct violation shall remain in effect during the appeal. Any person affected by the notice and order to correct violation may make a written request for a stay of the decision to the health officer within five business days of the health officer’s decision. The health officer will grant or deny the request within five business days.

(c) Upon receipt of a timely written notice of appeal together with the hearing fee, the health officer shall set a time, date, and place for the requested hearing before the board of health and shall give the appellant written notice thereof. Such hearing shall be set at a mutually convenient time not less than five business days or more than 30 business days from the date the appeal was received by the health officer.

(d) Any decision of the board of health shall be final and may be reviewed by an action filed in superior court. Any action to review the board’s decision must be filed within 30 business days of the date of the decision.

(3) All revocation hearings shall be conducted by the board of health.

(4) The following guidelines apply to all hearings and appeals conducted by the board of health pursuant to this section:

(a) Appeals shall be made in writing and shall be signed and dated by the petitioning party.

(b) Appeals shall include a brief and concise statement of the law and facts, which affirmatively establish that the health officer has committed an error.

(c) Appeals shall be transmitted to the board of health by JCPH following receipt from the petitioning party together with all relevant material associated with the health officer’s action, including, but not limited to, applications, reports, soil logs, photographs, staff analysis and recommendations.

(d) Upon receipt of the appeal materials transmitted by JCPH, the board of health shall conduct a hearing to determine the correctness of the decision by the health officer within 35 days. The petitioner shall be given five days’ notice by certified mail of the purpose, time, date and place of said hearing. Further, if the petitioning party is a person other than the permit applicant or a permit holder, then notice of the purpose, time, date, and place of said hearing shall likewise be mailed by certified mail to the permit applicant or permit holder.

(e) Any hearing conducted pursuant to this section shall be a public hearing and the chairperson of the board of health shall open the hearing and take testimony from any interested persons; provided, that testimony in suspension or revocation hearings shall be limited to that presented by the health officer, the certificate holder and any witness called by them; provided further, that the chairperson may limit the length of the testimony to a specific amount of time to be applied equally to those interested persons wishing to speak, except in suspension or revocation hearings where the board of health is authorized to use its discretion.

(f) The procedure to be utilized during any hearing conducted pursuant to this section shall be as follows:

(i) The petitioning party, permit applicant, or permit holder and the health officer, if not the petitioning party, shall be given an opportunity to present evidence, analysis and recommendations.

(ii) Members of the board of health may direct questions to the petitioning party, permit applicant or permit holder and health officer.

(iii) The chairperson of the board of health shall permit the presentation of testimony by any interested person as set forth in this chapter.

(iv) Following presentation of evidence and testimony, the chairperson of the board of health shall close the hearing and initiate discussion with other board members on the matters presented.

(v) Following discussion, the board of health shall make ruling on the appeal.

(vi) Under no circumstances shall cross-examination of persons making presentations at the hearing be permitted, notwithstanding that the board of health may ask questions as set forth above.

(g) Should the board of health require additional testimony, it may continue the public hearing to a date and time not to exceed 35 days following the date of the initial public hearing; provided, that at the close of the second public hearing the board of health may continue its deliberations on the appeal to another time and date not to exceed 35 days following the close of the second public hearing conducted to receive additional testimony. In all other cases the board of health may continue its deliberations on the appeal to another date and time not to exceed 35 days following the close of the public hearing.

(h) Relevant evidence is admissible, if in the opinion of the board of health it is the best evidence reasonably obtainable having due regard for its necessity, availability and trustworthiness; provided, that in passing upon the admissibility of evidence the Jefferson County board of health may give consideration to, but shall not be bound to follow, the rules of evidence governing civil proceedings in matters not involving trial by jury in the superior court of the state of Washington.

(i) A full and complete record shall be kept of all proceedings and all testimony shall be recorded. The record of testimony and exhibits together with all papers and requests filed in the proceedings shall constitute the exclusive record for the decision in accordance with the law.

(j) All decisions shall become a part of the record and shall include a statement of findings and conclusions.

(k) Notice of the decision of the board of health shall be provided not later than 10 days following the date of its decision.

(l) The petitioning party, permit applicant, permit holder, or designated agent, and JCPH shall be notified of the decision of the board of health, together with the findings and conclusions. [Ord. 6-12]

8.15.180 Enforcement – Penalty.

(1) Other Laws, Regulations and Agency Requirements.

(a) All OSS management shall be subject to the authority of other laws, regulations or other agency requirements in addition to these rules and regulations. Nothing in these rules and regulations is intended to abridge or alter the rights of action by the state or by persons, which exist in equity, common law or other statutes to abate pollution or to abate a nuisance.

(b) If a conflict exists between the interpretation of Chapter 246-272A WAC and these regulations, the more stringent regulation shall apply to better protect public health and the environment.

(2) Enforcement Authority. The health officer, his or her designee, or any person appointed as an “enforcement officer” by the Jefferson County board of health shall have the authority to enforce the provisions of these regulations equally on all persons. The health officer is also authorized to adopt rules consistent with the provisions of these rules and regulations for the purpose of enforcing and carrying out its provisions.

(3) 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 or is being committed, the health officer or his/her duly authorized inspector may, 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) Prior to entering any building, structure, property or portion thereof the health officer or his/her duly authorized inspector shall attempt to secure the consent of the owner, occupant or other person having apparent charge or control of said building, structure, property or portion thereof.

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

(ii) In attempting to contact the owner, occupier or other persons having apparent control of said building, structure, property or portion thereof, the inspector may approach said building or structure by a recognizable access route, e.g., a street or driveway, leading to said building or structure.

(c) If permission to enter said building, structure, property or portion thereof is not obtained from the owner, occupier or other persons having apparent control of said building, structure, property or portion thereof, the inspector may enter said building, structure, property or portion thereof only if the entry into the building, structure, or property is consistent with applicable state and federal law.

(d) If permission to enter said building, structure, property or portion thereof is not obtained from the owner, occupier or other persons having apparent control of said building, structure, property or portion thereof, the health officer or his/her duly authorized inspector shall also have recourse to any other remedies provided by law to secure entry, including but not limited to search warrants based on probable cause or statutory authority.

(4) Notice and Order to Correct Violation.

(a) Issuance. Whenever the health officer determines that a violation of these regulations has occurred or is occurring, he/she may issue a written notice and order to correct violation to the property owner or to any person causing, allowing or participating in the violation.

(b) Content. The notice and order to correct violation shall contain:

(i) The name and address of the property owner or other persons to whom the notice and order to correct violation is directed;

(ii) The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring;

(iii) A description of the violation and a reference to that provision of the regulation which has been violated;

(iv) A statement of the action required to be taken to correct the violation and a date or time by which correction is to be completed;

(v) A statement that each violation of this regulation 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;

(vi) A statement that the person, to whom the notice and order is directed, can appeal the order to the health officer, in accordance with the terms of this chapter, and that any such appeal must be presented to the health officer within 10 days;

(vii) A statement that the failure to obey this notice may result in the issuance of a notice of civil infraction, and/or the assessment of an administrative remedy, and/or, if applicable, the imposition of criminal penalties.

(c) Receipts. The notice and order to correct violation may also include a statement requiring the person to whom the notice and order to correct violation is directed to produce receipts from a certified professional to demonstrate compliance with an order issued by the health officer.

(d) Service of Order. The notice and order to correct violation shall be served upon the person to whom it is directed, either personally or by mailing a copy of the order to correct violations by first class and/or certified mail postage prepaid, return receipt requested, to such person at his/her last known address. The notice and order to correct violation shall also be served via certified mail/return receipt requested to the owner of the parcel or parcels where the alleged violations are occurring, to the owner’s last known address.

(e) Extension. Upon written request received prior to the correction date or time, the health officer may extend the date set for corrections for good cause. The health officer may consider substantial completion of the necessary correction or unforeseeable circumstances that render completion impossible by the date established as a good cause.

(f) Supplemental Order to Correct Violation. The health officer may 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 violations procedures contained in these regulations.

(g) Enforcement of Order. If, after any 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 may:

(i) Utilize any remedy or penalty under subsection (5) of this section; and/or

(ii) Abate the health violation using the procedures of these regulations; and/or

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

(h) Written Assurance of Discontinuance. The health officer may accept a written assurance of discontinuance of any act in violation of this regulation from any person who has engaged in such act. Failure to comply with the assurance of discontinuance shall be a further violation of this regulation.

(5) Violations, Remedies and Penalties.

(a) Violations.

(i) Violations of these regulations may be addressed through the remedies and penalties provided in this section.

(ii) Each violation of these regulations shall be a separate and distinct offense and in the case of a continuing violation, each day’s continuance shall be considered a separate and distinct violation.

(iii) The health officer may investigate alleged or apparent violations of these regulations. Upon request of the health officer or designee, the person allegedly or apparently in violation of these regulations shall provide information identifying themselves.

(iv) Violations, apparent or alleged, that occurred or are occurring in critical areas, as that term is defined in this chapter, of Jefferson County will have the highest priority for investigation by those persons charged in this chapter with investigating such violations and enforcing this chapter and such violations will be subject to a “zero tolerance” policy.

(b) Civil Remedies.

(i) Except as provided elsewhere in this section, the violation of any provision of these regulations is designated as a Class 1 civil infraction pursuant to Chapter 7.80 RCW, Civil Infractions.

(ii) In addition to or as an alternative to any other judicial or administrative remedy provided herein, or by law, any person or establishment who violates this regulation may be assessed a civil penalty up to $513.00 per day of continuous violation to be directly assessed by the health officer until such violation is corrected.

(iii) The health officer may issue a notice of civil infraction pursuant to Chapter 7.80 RCW if the health officer has reasonable cause to believe that the person has violated any provision of these regulations or has not corrected the violation as required by a written notice and order to correct violation. Civil infractions shall be issued, heard and determined as described in Chapter 7.80 RCW, and any applicable court rules.

(iv) All other legal and equitable remedies are also deemed available to public health or its health officer and may be invoked, utilized or sought at any time regardless of whether other remedies have or have not been undertaken or sought.

(c) Criminal Penalties.

(i) Any person who fails, neglects, or refuses to obey an order of the health officer to correct a violation as set forth above in this section shall be, upon conviction, guilty of a misdemeanor and shall be subject to a fine of not more than $1,000, or imprisonment in the county jail not to exceed 90 days, or both. The court may also impose restitution.

(ii) Any person who fails, neglects, or refuses to comply with a written assurance of discontinuance pursuant to this section shall be, upon conviction, guilty of a misdemeanor and shall be subject to a fine of not more than $1,000, or imprisonment in the county jail not to exceed 90 days, or both. The court may also impose restitution.

(d) Stop Work Orders. The health officer may 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 authorized by the health officer to proceed.

(i) Content. A stop work order shall include the following:

(A) The name and address for the person responsible for the alleged violation;

(B) The street address or description sufficient for identification of the building, structure or premises, or land upon or within which the alleged violation has occurred or is occurring;

(C) A description of the violation and reference to the provision of the Jefferson County board of health ordinance which has been allegedly violated;

(D) The required corrective action;

(E) A statement that a failure to comply with the order may lead to issuance of a civil infraction to the person named in the order;

(F) A statement that the person to whom the stop work order is directed can appeal the order to the health officer in accordance with JCC 8.15.170 and that any such appeal must be presented to the health officer within 10 days.

(ii) Service of Notice. The health officer shall serve the stop work order upon the owner of the property where the alleged violation occurred or is occurring and the person, firm or business entity that has allegedly violated this chapter, either personally or by mailing a copy of the notice by regular and certified or registered mail, within a five-day return receipt requested, to the owner at his or her last known address. A copy of the order shall also be posted on the property where the alleged violation occurred or is occurring.

(iii) Posting of Notice. In addition to service of the notice listed above, an additional notice shall be posted on the property in substantially the following form:

Under the authority of Chapter 8.15 JCC, On-site Sewage Regulations, you are hereby required to immediately

STOP WORK

This order is in effect at this property for all work and activities that relate to violations of Chapter 8.15 JCC, On-site Sewage Regulations, and remains in effect until removed by public health. It is a violation of these regulations to remove, deface, destroy, or conceal a posted stop work order.

FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE ISSUANCE OF A CIVIL INFRACTION.

(e) Voluntary Correction. When the health officer determines that a violation has occurred or is occurring, he or she shall attempt to secure voluntary correction by contacting the person responsible for the alleged violation and, where possible, explaining the violation and requesting correction.

(i) Voluntary Correction Agreement. The person responsible for the alleged violation may enter into a voluntary correction agreement with public health. The voluntary correction agreement is a contract between public health and the person responsible for the violation in which such person agrees to abate the alleged violation within a specified time and according to specified conditions. The voluntary correction agreement will be in lieu of the issuance of further citations or the abatement of the property pursuant to Chapter 7.48 RCW or this chapter. The voluntary correction agreement shall include the following:

(A) The name and address of the person responsible for the alleged violation;

(B) The street address or other description sufficient for identification of the building, structure, premises, or land upon or within which the alleged violation has occurred or is occurring;

(C) A description of the alleged violation and a reference to the regulation which has been violated;

(D) The necessary corrective action to be taken, and a date or time by which correction must be completed;

(E) An agreement by the person responsible for the alleged violation that public health may enter the property and inspect the premises as may be necessary to determine compliance with the voluntary correction agreement;

(F) An agreement by the person responsible for the alleged violation that public health may enter the property to abate the violation and recover its costs and expenses (including administrative, hearing and removal costs) from the person responsible for the alleged violation if the terms of the voluntary correction agreement are not satisfied; and

(G) An agreement that by entering into the voluntary correction agreement, the person responsible for the alleged violation waives the right to a hearing before the health officer under these regulations or otherwise, regarding the matter of the alleged violation and/or the required corrective action.

(ii) Right to a Hearing Waived. By entering into a voluntary correction agreement, the person responsible for the alleged violation waives the right to a hearing before the health officer under these regulations or otherwise, regarding the matter of the violation and/or the required corrective action. The person responsible for the alleged violation may, by through written documentation provided to the health officer, state his or her decision to reject and nullify the voluntary correction agreement, at which time that person is entitled to an appeal to the health officer pursuant to JCC 8.15.170.

(iii) Extension and Modification. The health officer may, at his or her discretion, grant an extension of the time limit for correction or a modification of the required corrective action if the person responsible for the alleged violation has shown due diligence and/or substantial progress in correcting the violation, but unforeseen circumstances have delayed correction under the original conditions.

(iv) Abatement by Public Health. The county may abate the alleged violation in accordance with subsection (5)(f) of this section if all terms of the voluntary correction agreement are not met.

(v) Collection of Costs. If all terms of the voluntary correction agreement are not met, the person responsible for the alleged violation shall be assessed all costs and expenses of abatement, as set forth in this chapter.

(f) Abatement Orders. Where the health officer has determined that a violation of these regulations has occurred or is occurring, he or she may issue an abatement order to the person responsible for the alleged violation requiring that the unlawful condition be abated within a reasonable time period as determined by the health officer.

(i) Prerequisite to Abatement Order. Absent conditions which pose an immediate threat to the public health, safety or welfare of the environment, the procedures for abatement of conditions constituting a violation of these regulations should be utilized by public health only after corrections of such conditions have been attempted through the use of the civil infractions process. Once it has been determined by public health that there is an immediate threat to the public health’s safety or welfare and that correction of such conditions has not been adequately achieved through use of the civil infraction process, then public health is authorized to proceed with abatement of such conditions pursuant to these regulations. Public health shall also attempt to enter into a voluntary corrections agreement prior to issuing an abatement order.

(ii) Content. An abatement order shall include the following:

(A) The name and address for the person responsible for the alleged violation;

(B) The street address or description sufficient for identification of the building, structure or premises, or land upon or within which the alleged violation has occurred or is occurring;

(C) A description of the violation and reference to the provision of the Jefferson County board of health ordinance which has been allegedly violated;

(D) The required corrective action and a date and time by which the correction must be completed and after which the health officer may abate the unlawful condition in accordance with this chapter;

(E) A statement that the costs and expenses incurred by public health pursuant to this chapter, including any amount expended on staff time to oversee the abatement, may be assessed against a person to whom the abatement order is directed in a manner consistent with this chapter; and

(F) A statement that the person to whom the abatement order is directed can appeal the order to the health officer in accordance with this chapter.

(iii) Service of Notice. The health officer shall serve the abatement order upon the owner of the property where the alleged violation occurred or is occurring, either personally or by mailing a copy of the notice by regular and certified or registered mail, a five-day return receipt requested, to the owner at his or her last known address. The order shall also be served on each of the following if known to the health officer or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record and the holder of any other estate or legal interest of record in or to the property or any structures on the property. The failure of the health officer to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such served person from any duty or obligation imposed by the provisions of this section. A copy of the order shall also be posted on the property where the alleged violation occurred or is occurring.

(iv) Authorized Action by Public Health. Using any lawful means, public health may enter the subject property and may remove or correct the condition that is subject to abatement.

(v) Recovery of Costs and Expense. The costs of correcting a condition which constitutes a violation of these regulations, including all incidental expenses, shall be billed to the owner of the property upon which the alleged violation occurred or is occurring, and shall become due within 15 calendar days of the date of mailing the billing for abatement. The term “incidental expenses” includes, but is not limited to, personnel costs, both direct and indirect and including attorney’s fees; costs incurred in documenting the violation; towing/hauling, storage and removal/disposal expenses; and actual expenses and costs to public health in preparing notices, specifications and contracts associated with the abatement, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing.

(vi) Collection of Costs and Expenses. The costs and expenses of correcting a condition, which constitutes a violation of these regulations, shall constitute a personal obligation of the person to whom the abatement order is directed. Within 15 days of abating any violation, the health officer shall send the person named in the abatement order a bill that details the work performed, materials removed, labor used and the costs and expenses related to those tasks as well as any other costs and expenses incurred in abating the violation.

(g) Notice to Vacate. When a condition constitutes a violation of these regulations and poses an immediate threat to life, limb, property, or safety of the public or persons residing on the property, the health officer may issue a notice to vacate.

(i) Content. A notice to vacate shall include the following:

(A) The name and address for the person responsible for the alleged violation;

(B) The street address or description sufficient for identification of the building, structure or premises, or land upon or within which the alleged violation has occurred or is occurring;

(C) A description of the violation constituting an emergency and reference to the provisions of the Jefferson County board of health regulations which have been allegedly violated;

(D) A date, as determined by the severity of the emergency, by which any persons must vacate the premises. In case of extreme danger to persons or property immediate compliance shall be required;

(E) The required corrective action;

(F) A statement that the person to whom the notice to vacate is directed can appeal the order to the health officer in accordance with JCC 8.15.170 and that any such appeal must be presented to the health officer within 10 days.

(ii) Service of Notice. The health officer shall serve the abatement order upon the owner of the property where the alleged violation occurred or is occurring, either personally or by mailing a copy of the notice by regular and certified or registered mail, with a five-day return receipt requested, to the owner at his or her last known address. A copy of the order shall also be posted on the property where the alleged violation occurred or is occurring.

(iii) Posting the Notice. In addition to providing service as stated above, an additional notice shall be posted on the property in substantially the following form:

DO NOT ENTER

UNSAFE TO OCCUPY

It is a violation of Chapter 8.15 JCC to occupy this building, or to remove or deface this notice.

_____________________, Health Officer

Jefferson County Public Health

(iv) Compliance. No person shall remain in or enter any building, structure, or property which has been so posted, except that entry may be made to repair or correct any conditions causing or contributing to the threat to life, limb, property, or safety of the public or persons residing on the property. No person shall remove or deface any such notice after it is posted until the required corrective action has been completed and approved.

(6) Appeals. See JCC 8.15.170.

(7) Administrative – Certificate or Authorization Holders.

(a) Suspension of Certificate or Authorization.

(i) The health officer may suspend any certificate or authorization upon making the determination, after a hearing between the health officer and the certificate or authorization holder, that the holder has performed with negligence, incompetence, misrepresentation or failure to comply with the applicable rules, regulations, guidelines, policies or practices which pertain to water supply and waste water disposal, to have made fraudulent misrepresentation in making application for a certificate or authorization or to have made fraudulent misrepresentation in making application for a permit to install an on-site sewage system, either existing at the time of certification or as thereafter enacted.

(ii) The health officer shall give written notice of the hearing to any person aggrieved who has filed a written complaint with the health officer and the affected certificate holder(s).

(iii) For the first confirmed violation under this subsection by certificate holders, the suspension period shall not exceed 30 days; and the second violation in any three-year period shall result in a suspension of the certificate for a period not less than 15 days and not to exceed 180 days.

(iv) For the first confirmed violation under this subsection by homeowner inspectors, the suspension period shall not extend beyond the next required inspection.

(v) If the health officer suspends a certificate or authorization, the holder shall not proceed with any further work in connection with the activity covered by the certificate or authorization.

(vi) The certificate or authorization holder shall be notified by certified mail of suspension of the certificate or authorization upon determination of a finding that a violation has occurred requiring suspension.

(b) Revocation of Certificate or Authorization.

(i) A certificate or authorization may be revoked for repeated violation of any of the requirements of these regulations or any other applicable regulation or if, after a hearing with the board of health, the holder of such certificate or authorization shall be found grossly incompetent or negligent, or to have made fraudulent misrepresentations in making application for a certificate or authorization or for a permit to install an on-site sewage system, or should the bond or insurance required herein be canceled.

(ii) The health officer shall give written notice of the hearing to any person aggrieved who has filed a written complaint with the health officer and the affected certificate holder(s).

(iii) The third notice of violation issued by JCPH staff within any 12-month period shall be considered as repeated violations and result in certificate or authorization revocation.

(iv) If the board of health revokes a certificate or authorization, the holder shall not proceed with any further work in connection with the activity covered by the certificate or authorization.

(v) The certificate or authorization holder shall be notified by certified mail of revocation of the certificate or authorization, upon determination of a finding that a violation has occurred requiring revocation.

(vi) If, after revocation of a certificate, the applicant desires to reapply for a certificate, the applicant must wait six months prior to reapplication. Any person whose certificate has been revoked will be required to pay all applicable fees and take and pass the written examination again before issuance of a new certificate.

(c) Reinstatement of Suspended or Revoked Certificate or Authorization.

(i) The certificate or authorization holder shall make written application for reinstatement to the environmental health director specifying what practices, performance, and conditions that were named as grounds for suspension or revocation have been remedied; and the certificate or authorization holder will provide a description of the changes in performance that will occur which will directly avoid the repetition of past violations.

(ii) The environmental health director, upon determining that noted deficiencies have been satisfactorily addressed, shall schedule the individual for participation in the next available examination where applicable. Reissuance of the certificate or authorization is subject to the individual’s successful completion of the application and testing procedure and payment of applicable fees as per the fee ordinance.

(d) Probation. A period of probation consisting of additional reporting or inspection requirements may be imposed on a certificate or authorization holder as a result of violations of these rules or as a condition of operation following suspension/revocation of a certificate or authorization. Said period and requirements shall be the decision of the health officer and shall be determined after an administrative hearing with the certificate holder.

(e) Appeal. Any person feeling aggrieved because of the suspension or denial of a certificate by the health officer may, within 15 days of the suspension or denial, appeal to the board of health as set forth in JCC 8.15.170.

(8) Administrative – Property Owners.

(a) Notice to Title. If the health officer finds that an owner has failed to comply with the requirements of this regulation, and all administrative remedies have been exhausted, and the case has been forwarded to the Jefferson County prosecuting attorney for further action, the health officer may record a notice of potential uncorrected violation finding on the title of the property with the Jefferson County auditor.

(b) Removal of Notice. The owner shall make written request to the health officer for rescission of the notice to title. The request shall specify corrective actions that have been completed.

(c) The health officer, upon determining that noticed violation has been corrected, shall record a rescission of notice with the Jefferson County auditor.

(d) The owner shall pay fees as required to complete inspection(s) to verify correction and to record the rescission prepared by JCPH. [Ord. 6-12]

8.15.190 Severability.

Provisions of these rules and regulations are hereby declared to be separable, and if any section, subsection, sentence, clause, phrase, or portion of these rules and regulations is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of these rules and regulations. [Ord. 6-12]

8.15.200 Fees.

(1) Fees shall be as per Jefferson County public health fee schedule.

(2) Refunds shall not be granted if field investigation, plan review, site visit or design review has been completed by JCPH.

(3) A refund of the application fee minus an administrative fee of $45.00 shall be granted upon written request of the applicant/owner, except as noted in subsection (2) of this section.

(4) All sewage system installer’s, septic tank pumper’s, and operation and monitoring specialist’s certificates are renewable annually on March 1st. Should any renewal fee remain unpaid by March 31st, a penalty fee according to the fee schedule shall be charged. Previously issued certificates shall become void if not renewed prior to April 1st.

(5) Fees generated under this authority cannot be used to support non-public-health activities. [Ord. 6-12]

8.15.210 Effective date.

This chapter shall be effective 10 days after approval is obtained from the department of health as per WAC 246-272A-0015(10). [Ord. 6-12]

8.15.220 Conflict.

Where other county regulations are in conflict with this chapter, the more restrictive regulation shall apply and such application shall extend only to those specific provisions that are more restrictive. [Ord. 6-12]


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Prior legislation: Ords. 1-69, 2-77, 1-80, 1-83, 1-87 and 4‑90.