Chapter 8.36
ON-SITE SEWAGE DISPOSAL SYSTEMS

Sections:

8.36.010    Definitions.

8.36.020    Rules and Regulations.

8.36.030    Enforcement.

8.36.040    Scope of the Rules and Regulations.

8.36.050    General Requirements of the Rules and Regulations.

8.36.060    Permits.

8.36.070    Designer and Installer Certification.

8.36.080    Design.

8.36.090    System Construction.

8.36.100    Domestic Water Source.

8.36.110    Density and Minimum Lot Size.

8.36.120    Septage Haulers.

8.36.130    Appeals.

8.36.140    Penalties.

8.36.150    Severability.

Cross-reference: Chapter 248-96 WAC

8.36.010 Definitions.

Certain words and phrases used in this Chapter, unless otherwise clearly indicated by their context, shall mean as follows:

A.    "Approved" means accepted in writing by the Health Officer and, where required, by the Washington State Department of Social and Health Services (DSHS).

B.    "Board of Health" means the Tacoma-Pierce County Board of Health as established pursuant to RCW 70.05.

C.    "Certificate of competency" means a certificate to engage in specific work indicated by the certification as granted by the Tacoma-Pierce County Health Department and to be defined in the Board of Health Rules and Regulations.

D.    "Department" means the Tacoma-Pierce County Health Department.

E.    "Health Officer" means the Director of the Tacoma-Pierce County Health Department or his/her authorized representative.

F.    "On-site sewage disposal system" means any system of piping, treatment devices, or other facilities that convey, store, treat, or dispose of sewage on the property where it originates or an adjacent or nearby property under control of the user where the system is not connected to a public sewer system.

G.    "Person" means any individual, corporation, company, association, society, firm, partnership, joint stock company, or any branch of federal, state, or local government.

H.    "Sewage" means the water-carried human or domestic waste from residences, buildings, industrial establishments or other facilities, together with such ground water infiltration, that may be present.

I.    "WAC 248-96" means Washington Administrative Code Chapter 248-96; the Washington State Board of Health Rules and Regulations for on-site sewage disposal.

(Ord. 86-125 § 1 (part), 1986)

8.36.020 Rules and Regulations.

The Board of Health is empowered to and may write Rules and Regulations not inconsistent herewith relative to this Chapter. (Ord. 86-125 § 1 (part), 1986)

8.36.030 Enforcement.

The Health Officer shall enforce this Chapter and the Rules and Regulations of the Board of Health. The Board of Health shall establish such enforcement procedures as are necessary to ensure proper enforcement of the Rules and Regulations adopted pursuant to this Chapter. The Board shall also establish an appeals procedure for persons who feel aggrieved by any final order or decision of the Health Officer. (Ord. 86-125 § 1 (part), 1986)

8.36.040 Scope of the Rules and Regulations.

The Board of Health Rules and Regulations shall apply to all on-site sewage disposal systems except the following:

A.    A site application for new construction that was approved prior to the Rules and Regulations and is still valid. The regulations in effect at the time of approval shall apply, except where portions of the new Rules and Regulations are less stringent;

B.    An extension, alteration, or replacement necessitated by the failure of an existing on-site sewage system. In such cases, the repair shall comply to the maximum extent possible to the Rules and Regulations as is permitted by that site; except no work or repair shall create a potential health hazard;

C.    Facilities constructed or operated in accordance with a permit or approval issued by the Washington State Department of Ecology or the Washington State Department of Social and Health Services.

(Ord. 86-125 § 1 (part), 1986)

8.36.050 General Requirements of the Rules and Regulations.

The Board of Health shall address the following areas of general concern:

A.    Establish requirements for the review and approval of on-site sewage disposal systems. These requirements shall be applicable to residences, places of business, and other buildings or places where persons congregate, reside or are employed;

B.    Prohibit the discharge of sewage, from any source, into surface water or upon the surface of the ground, and not allow any potential health hazard to exist as a result of improper wastewater management;

C.    Establish criteria whereby connection of a premises to a public sewer system, when available, would be required rather than the construction or repair of an on-site sewage disposal system.

(Ord. 86-125 § 1 (part), 1986)

8.36.060 Permits.

A.    No person shall install or cause to be installed a new on-site sewage disposal system, or perform any alterations, extensions or relocations or connections to an existing system without a valid permit issued by the Health Officer. Application for such a permit shall be made in writing on forms provided by the Health Officer and shall be accompanied by a fee as adopted by the Board of Health.

B.    The Board of Health shall establish the different types of permits required (e.g., new construction, repairs, remodels, etc.) and the guidelines for review and approval of each.

(Ord. 86-125 § 1 (part), 1986)

8.36.070 Designer and Installer Certification.

A.    Designers.

1.    The Board of Health shall establish criteria for engaging in the business of a sewage disposal system designer and it shall be unlawful to engage in that business without a valid Sewage Disposal System Designer's Certificate of Competency as to be issued by the Department.

2.    The Health Officer may suspend or revoke any Sewage Disposal System Designer's Certificate of Competency, after written notice to or informal conference with the designer, if the Health Officer finds incompetency, negligence, misrepresentation, or failure on the part of the designer to comply with the Rules and Regulations of the Board of Health.

B.    Installers.

1.    The Board of Health shall establish criteria for engaging in the business of installing, altering or repairing any on-site sewage disposal system and it shall be unlawful to engage in that business without a valid certificate issued by the Department.

2.    The Health Officer may suspend or revoke any installer's certification after written notice to or informal conference with the installer, if the Health Officer finds incompetency, negligence, misrepresentation, and/or failure to comply with the Rules and Regulations of the Board of Health.

(Ord. 86-125 § 1 (part), 1986)

8.36.080 Design.

A.    The Board of Health shall establish the design criteria for the submittal of all on-site sewage disposal applications.

B.    On-site sewage disposal systems shall be designed by a sewage disposal system designer, certified as provided for in Section 8.36.070 of this Chapter and the Rules and Regulations as adopted by the Board of Health.

C.    The Board of Health shall establish guidelines for design application renewals and application extensions.

D.    Design for an on-site sewage disposal system shall be made to the Health Officer who must deny the application if the design is not adequate for safe and healthful operation of the system and/or does not meet the requirements of this Chapter, the Rules and Regulations of the Board of Health, and WAC 248-96.

E.    Design of on-site sewage disposal systems shall be such as to accommodate all sewage from the building and premises to be served.

(Ord. 86-125 § 1 (part), 1986)

8.36.090 System Construction.

A.    The Board of Health shall establish criteria and requirements concerning the design and installation of any on-site sewage disposal system.

B.    No disposal field shall be constructed unless there has first been actual tests conducted on the site in a manner as described by the Health Officer to determine the feasibility of an on-site system and the absorption area that would be required.

(Ord. 86-125 § 1 (part), 1986)

8.36.100 Domestic Water Source.

A.    The Board of Health shall establish such requirements as deemed necessary to ensure each application will be provided with potable water from an individual source of water or an approved public water supply.

B.    The Board of Health shall establish such requirements as are deemed necessary for the protection of potable water sources.

(Ord. 86-125 § 1 (part), 1986)

8.36.110 Density and Minimum Lot Size.

On-site sewage disposal systems shall be installed on lots, parcels, or tracts that have a sufficient amount of area with proper soils in which sewage can be retained and treated properly on-site. In this regard, the Board of Health shall establish the maximum allowable density and minimum lot sizes for future development proposals. The Board shall also establish guidelines to set such limits. (Ord. 86-125 § 1 (part), 1986)

8.36.120 Septage Haulers.

A.    The Board of Health shall establish guidelines and criteria for engaging in the business of septage hauling and it shall be unlawful for any person to carry on or engage in the business of cleaning of septic tanks, cesspools, grease traps, seepage pits, vault privies, chemical toilets and other receptacles of human sewage or to transport over the highways or to dispose of the cleanings therefore in Pierce County unless they hold a valid registration and license issued by the Health Officer for carrying on such business.

B.    Application for registration and license shall be filed with the Health Officer, and shall be consistent with the requirements established by the Board of Health.

C.    Any registration certificate issued under this Section may be suspended immediately when a potential health hazard exists and may be revoked for cause by the Health Officer.

(Ord. 86-125 § 1 (part), 1986)

8.36.130 Appeals.

Any person aggrieved by any decision or final order of the Health Officer shall have the right to appeal such decision or order. Such appeals shall follow the procedures as outlined by the Board of Health. (Ord. 86-125 § 1 (part), 1986)

8.36.140 Penalties.

Any person violating or failing to comply with any of the provisions of this Chapter, the Board of Health Rules and Regulations, or any lawful order of the Health Officer shall upon conviction be deemed guilty of a misdemeanor. Any person found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this Chapter, or Board of Health Rules and Regulations, or any lawful order of the Health Officer is committed, continued, or permitted. (Ord. 86-125 § 1 (part), 1986)

8.36.150 Severability.

The provisions of this Chapter are hereby declared to be separate and severable and the invalidity of any clause, sentence, paragraph, subdivision, Section or portion of this Chapter or the invalidity of the application, thereof, to any person or circumstance shall not affect the validity of the remainder of this Chapter or the validity of its application to other persons and circumstances. (Ord. 86-125 § 1 (part), 1986)