Chapter 8.84
ON-SITE SEWAGE SYSTEMS

Sections:

8.84.010    Purpose.

8.84.020    Definitions.

8.84.030    Administration and authority.

8.84.040    Adoption of state regulations.

8.84.050    Local management and regulations.

8.84.060    Applicability.

8.84.070    General requirements.

8.84.080    Land division requirements.

8.84.090    Authorization to use an existing on-site sewage system.

8.84.100    Soil and site evaluation.

8.84.110    Concurrency review.

8.84.120    Design requirements—General.

8.84.130    Design requirements—Septic tank sizing.

8.84.140    Design requirements—Soil dispersal components.

8.84.150    Installation.

8.84.160    Inspection.

8.84.170    Record drawings (as-built drawings).

8.84.180    Operation, monitoring, and maintenance—Owner responsibilities.

8.84.190    Operation, monitoring, and maintenance—Food service establishments.

8.84.200    Repair of failures.

8.84.210    Licensing of on-site sewage system installers, pumpers, and operation and maintenance service providers.

8.84.220    Waiver of state regulations.

8.84.230    Appeals.

8.84.240    Violations and enforcement.

8.84.250    Severability.

8.84.010 Purpose.

Pursuant to the authority of the local Board of Health as authorized by Chapter 70.05 RCW, these regulations are hereby established as the minimum requirements of Skamania County governing on-site sewage disposal systems (OSS). The purpose of this Chapter is to:

A. Promote and protect the public health, safety and general welfare;

B. Achieve effective long term sewage treatment and effluent dispersal; and

C. Ensure that on-site sewage systems adequately support complete build out of subdivision lots, safeguard aquatic habitat, and protect waters of the state. (Ord. 2012-10, 11-20-12)

8.84.020 Definitions.

A. Whenever the following words and phrases appear in this Chapter they will be given the meaning attributed to them by this Section. When not consistent with the context, words used in the present tense will include the future; the singular will include the plural, and the plural the singular; the word “shall” is always mandatory, and the words “should” and “may” indicate a use of discretion in making a decision. Words used in this Chapter which are not defined in this Section will (when necessary) be defined by the meaning used in a college level dictionary; or (where required or necessary) as defined in State law under the appropriate Revised Code of Washington (RCW), Washington Administrative Code (WAC) regulations, or County ordinance.

1. “Administrator” means the Director of the Skamania County Community Development Department (SCCDD) or the Director’s designee.

2. “Alternative on-site sewage system” means an on-site sewage system other than a conventional gravity system.

3. “Approved” means a written statement of acceptability based on meeting the requirements of this Chapter which has been issued by the Health Officer or the Washington State Department of Health.

4. Bedroom. For the sole purpose of estimating design flow from dwellings, “bedroom” means an area that meets item “a” or “b”:

a. A room designed or used for sleeping;

b. A room or area of a dwelling that has a minimum floor area of 70 square feet with access gained from the living area or living area hallway. Architectural features that affect the use as a bedroom under this item may be considered in making the bedroom determination.

5. “Board of Health” means the Skamania County Board of Health.

6. “Building area” means the space remaining on a lot after the minimum open space, offset, and setback requirements have been complied with; excepting any floodplain, wetland, geotechnical hazard, or similarly designed unbuildable lands.

7. “Cesspool” means a pit receiving untreated sewage and allowing the liquid to seep into the surrounding soil or rock.

8. “Community on-site sewage system (COSS)” means an on-site sewage system designed to serve either two or more single-family dwellings or one multiple family dwelling.

9. “Conforming system” means any on-site sewage system or system component meeting any of the following requirements:

a. In full compliance with the new construction requirements under Chapter 246-272A WAC and this Chapter;

b. Approved, installed, and operating in accordance with the requirements of previous editions of Chapter 246-272A WAC and this Chapter; or

c. Permitted by the waiver process that assures public health protection by higher treatment performance or other methods.

10. “Connection” means a new connection to either a new permitted on-site sewage system or to an existing, permitted on-site sewage system that has been authorized for continued use.

11. “Concurrency Review” means a records review and site visit by the Health Officer to review a designer’s soil and site evaluation in order to provide a concurring or dissenting opinion as to the ability of the soil and site to support an on-site sewage system.

12. “Continuing education unit (CEU)” means one (1) contact hour of participation in an organized technical educational experience, under qualified sponsorship, capable direction, and qualified instruction.

13. “Conventional gravity on-site sewage system” means an on-site sewage system consisting of a septic tank and a subsurface soil absorption system with gravity distribution of the effluent within the drainfield. Such a system does not include a lift pump or siphon.

14. “Department” means the Skamania County Community Development Department (SCCDD).

15. “Design” means plans, specifications, and scaled drawings created by a licensed designer or professional engineer to support a development proposal. A design shall be prepared and contain the information required to demonstrate conformance with the design standards in Chapter 246-272A WAC and this Chapter.

16. “Design flow” means the maximum volume of sewage a residence, structure, or other facility is estimated to generate in a twenty-four (24) hour period. It incorporates both an operating capacity and a surge capacity for the system during periodic heavy use events. The sizing and design of the on-site sewage system components are based on the design flow.

17. “Designer” means a person who matches site and soil characteristics with appropriate on-site sewage technology. Throughout the 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.

18. “Development” means the creation of a residence, structure, facility, subdivision, site area, or similar activity resulting in the production of sewage.

19. “DOH” means the Washington State Department of Health.

20. “Dosing” means the application of wastewater to a treatment or disposal system in discrete amounts over a definite time period, as opposed to an unregulated flow.

21. “Drainfield” means a subsurface soil absorption system or other soil absorption system receiving septic tank or other pretreatment device effluent and transmitting it into original, undisturbed soil.

22. “Easement” means a right granted by a property owner to specifically named parties or to the general public for the use of certain areas or strips of land for particular purposes. This may include, but are not limited to road access, pedestrian/bicycle pathways, utility easements, drainage, open space, etc.

23. “Effluent” means liquid discharge from a septic tank or other on-site sewage system component.

24. “Expansion” means a change in the residence, structure, facility, site, development, or use that:

a. Causes the sewage quantity or quality to exceed the existing design flow of the on-site sewage system, for example, when a residence is increased from two to three bedrooms or there is a change in use (e.g., residential to commercial, office to restaurant); or

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

25. “Failure” or “failing” means a condition of an on-site sewage system or component that threatens 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 discharged directly to surface water or on the surface of the ground, whether treated or untreated, without written approval from the Washington State Department of Ecology;

b. Sewage backing up into a structure caused by slow soil absorption of septic tank effluent;

c. Sewage leaking from a sewage tank, pump chamber, holding tank, or collection system;

d. Inadequately treated effluent contaminating ground water or surface water as determined by:

i. Dye observed in the drainfield area with the unaided eye following a dye test; or

ii. A combination of:

(a) A positive dye test using charcoal packets; and

(b) A fecal coliform sample result of 200 colony forming units or more per 100 milliliters from the flow showing dye.

e. Cesspools or seepage pits where evidence of ground water or surface water quality degradation exists;

f. Inadequately treated effluent contaminating ground water or surface water;

g. Surface or groundwater intrusion into a sewage tank or collection system;

h. Noncompliance with standards stipulated on the permit or design; or

i. May include any system not permitted for installation by the Department.

26. “Ground water” means subsurface water occupying the zone of saturated soil, permanently, seasonally, or as the result of the tides. Indication of ground water may include:

a. Water seeping into or standing in an open excavation from the soil surrounding the excavation or monitoring ports.

b. Spots or blotches of different colors or shades of color interspersed with a dominant color in soil, caused by reduction and oxidation of iron. These color patterns are redoximorphic features, commonly referred to as mottling. Redoximorphic features often indicate the intermittent presence of ground water and may indicate poor aeration and impeded drainage. Also see “water table.”

27. “Health officer” means the Skamania County Health Officer, or an authorized representative of the Health Officer.

28. “Holding tank” means an on-site sewage system which incorporates:

a. A sewage tank without a discharge outlet;

b. The services of a sewage pumper/hauler; and

c. The off-site treatment and disposal for the sewage generated.

29. “Infiltrative surface” means the surface within a treatment component or soil dispersal component to which effluent is applied and through which effluent moves into original, undisturbed soil or other porous treatment media.

30. “Installer” means a qualified person licensed by the Health Officer to install, modify, or repair on-site sewage systems or system components as specified in this Chapter.

31. “Land division” means land divided to create legally separate parcels in one of the following ways: long subdivision, short subdivision, binding site plans, and planned unit developments.

32. “Large on-site sewage system (LOSS)” means an on-site septic system with design flows of 3,500 gallons per day up to and including 100,000 gallons per day.

33. “Licensed professional” means an individual licensed by the Department and/or licensed by the State of Washington to design, install, pump, inspect, or maintain an on-site sewage system.

34. “Maintenance” means the actions necessary to keep the on-site sewage system components functioning as designed excluding repairs or modifications for which permits are required.

35. “Monitoring” means periodic or continuous checking of an on-site sewage system, which is performed by observations and measurements, to determine if the system is functioning as intended and if system maintenance, repair, and/or modification is needed. Monitoring also includes maintaining accurate records that document monitoring activities.

36. “Mound system” means a method of on-site sewage system treatment and dispersal in which a specific sand filter media is laid on top of a properly prepared soil surface. The distribution system and wastewater infiltration beds are then placed entirely within the filter media at such a level that the desired vertical separation to provide the necessary treatment exists. The original soil provides some additional treatment and is necessary to move the effluent away from the site without surfacing. Not included in this definition are systems where soil fill is used only for cover.

37. “Nonconforming system” means an on-site sewage system that does not meet any of the criteria for a conforming system.

38. “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, and a soil dispersal component. An on-site sewage system also refers to a holding tank sewage system or other system that does not have a soil dispersal component.

39. “On-site sewage system, modification” means substantive physical changes to an on-site sewage system such as a replacement of an on-site sewage system component or replacement of the system as a whole. A modification includes the use of remediation technology processes rather than a full repair or attempt to resolve a failing septic system.

40. “Operation and maintenance (O & M)” refers to the operation and maintenance of an on-site sewage system. The observation, evaluation, and testing, if required, of an on-site sewage system to determine its current compliance with the treatment and disposal standards in effect at the time at which the installation permit was issued.

41. “Operation and maintenance service provider” means an individual with the training, skill, and experience in the maintenance of on-site sewage systems, licensed by the Health Officer to perform operational and maintenance inspections and repairs not requiring a permit on on-site sewage systems or components.

42. “Permit” means a written document issued by the Health Officer authorizing the continued use, construction, installation, or modification of an on-site sewage system.

43. “Plat” means a map or representation of a subdivision, showing the division of a tract or parcel of land into lots, blocks, streets, or other divisions and dedications.

44. “Potable water” means clean water which is satisfactory for drinking, culinary, and domestic purposes and meets the drinking water standards established by Skamania County Code, Title 8 and the State of Washington.

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

46. “Public sewer system” means a sewerage system:

a. Owned or operated by a city, town, municipal corporation, county, or other approved ownership consisting of a collection system and necessary trunks, pumping facilities and means of final treatment and disposal; and

b. Approved by or under permit from the Washington State Department of Ecology, the Washington State Department of Health, and/or the local Health Officer.

47. “Pump chamber” means a watertight receptacle containing dosing equipment which collects treated effluent and periodically discharges it into another treatment/dispersal component, depending upon the needs and design of the particular on-site sewage system.

48. “Pumper” means a qualified person licensed by the Health Officer to remove and transport wastewater or septage from on-site sewage systems.

49. “Record drawing” means an accurate graphic and written record of the location and features of the on-site sewage system that are needed to properly monitor, operate, and maintain the system. Also referred to as an “as-built drawing.”

50. “Repair” means the relocation, replacement, or reconstruction of a failed on-site sewage system.

51. “Reserve area” means an area of land approved for the installation of a conforming system that is protected and maintained for replacement of the on-site sewage system upon its failure.

52. “Restrictive layer” means a stratum impeding the vertical movement of water, air, and growth of plant roots, such as hardpan, claypan, fragipan, caliche, some compacted soils, bedrock, and unstructured clay soils.

53. “Sand filter” means a biological and physical wastewater treatment component generally consisting of an underdrained bed of sand to which pre-treated effluent is periodically applied. Filtrate collected by the under drains is then disposed of by an approved soil absorption system. Pretreatment can be provided by a septic tank or other approved treatment component. An “intermittent sand filter” is a sand filter in which pre-treated wastewater is applied periodically providing intermittent periods of wastewater application, followed by periods of drying and oxygenation of the filter bed.

54. “Seepage pit” means an excavation more than three feet deep where the sidewalls of the excavation are designed to dispose of septic tank effluent. Seepage pits may also be called “dry wells.”

55. “Septage” means the mixture of solid wastes, scum, sludge, and liquids pumped from within septic tanks, pump chambers, holding tanks, and other on-site sewage system components.

56. “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.

57. “Sewage” means any urine, feces, and the water carrying human wastes, including kitchen, bath, and laundry wastes from residences, buildings, industrial establishments, or other places.

58. “Soil dispersal component” means a technology that releases effluent from a treatment component into the soil for dispersal, final treatment, and recycling.

59. “Soil log” means a detailed description of soil characteristics providing information on the soil’s capacity to act as an acceptable treatment and dispersal medium for sewage.

60. “Soil type” means one of seven numerical classifications of fine earth particles and rock fragments as described in WAC 246-272A-0220(2)(e).

61. “Subdivision” means a division of land or creation of lots or parcels, described under Chapter 58.17 RCW as it exists now or is hereafter amended, including both long and short subdivisions, binding site plans, and planned unit developments.

62. “Subsurface drip system” means an efficient pressurized wastewater distribution system that can deliver small, precise doses of effluent to soil surrounding the drip distribution piping (called dripline) as described in the Washington State Department of Health’s “Recommended Standards and Guidance for Subsurface Drip Systems.”

63. “Subsurface soil absorption system” means a soil dispersal component of trenches or beds containing either a distribution pipe within a layer of drainrock covered with a geotextile, or an approved gravelless distribution technology, designed and installed in original, undisturbed, unsaturated soil providing at least minimal vertical separation as established in this regulation, with either gravity or pressure distribution of the treatment component effluent.

64. “Surface water” means any body of water, whether fresh or marine, flowing or contained in natural or artificial unlined depressions for significant periods of the year, including natural and artificial lakes, ponds, springs, rivers, streams, swamps, marshes, irrigation canals, and tidal waters.

65. “Treatment levels” means one of six levels (A, B, C, D, E, and N) used in these rules to:

a. Identify treatment component performance demonstrated through requirements specified in WAC 246-272A-0110; and

b. Match site conditions of vertical separation and soil type with treatment components. Treatment levels used in these rules are not intended to be applied as field compliance standards. Their intended use is for establishing treatment product performance in a product testing setting under established protocols by qualified testing entities.

66. “Trench” means a soil dispersal component consisting of an excavation with a width of three (3) feet or less.

67. “Vertical separation” means the depth of unsaturated, original, undisturbed soil of Soil Types 1 through 6 between the bottom infiltrative surface of a soil dispersal component and the highest seasonal water table, a restrictive layer, or Soil Type 7.

68. “Water table” means the upper surface of the ground water, whether permanent or seasonal. Also see “ground water.”

69. “Well” means any excavation that is constructed when the intended use is for the location, diversion, artificial recharge, observation, monitoring, dewatering, or withdrawal of ground water for agricultural, municipal, industrial, domestic, or commercial use.

Excluded are:

a. A temporary observation or monitoring well used to determine the depth to a water table for locating an on-site sewage system;

b. An observation or monitoring well used to measure the effect of an on-site sewage system on a water table; and

c. An interceptor or curtain drain constructed to lower a water table.

70. “Winter water evaluation” means an investigation of how a specific site is affected by rainfall conditions between the months of January through March (the investigation may extend into April), relative to meeting the requirements of these regulations for vertical and horizontal separations. (Ord. 2012-10, 11-20-12)

8.84.030 Administration and authority.

A. The Skamania County Board of Health, acting through the Skamania County Community Development Department (SCCDD), and the Skamania County Health Officer is the regulatory authority for activity relating to on-site sewage (OSS) systems, except as otherwise provided by law.

B. The Health Officer through his/her designee shall administer this Chapter under the authority and requirements of Chapters 43.70, 70.05, 70.08, 70.46 and 70.118 RCW, and Chapter 246-272A WAC, as they exist now or are hereafter amended or replaced. This Chapter supplements these statutes and rules.

C. These regulations shall be enforced when applicable by SCCDD, by the Skamania County Health Officer, and the Skamania County Board of Health.

D. The County adopts as guidance all Washington State Department of Health (DOH) Recommended Standards and Guidance (RS&G), both current and any future revisions. Every attempt will be made to apply these standards and guidance to system application, design, installation, operation, monitoring, maintenance, and performance expectations.

1. SCCDD may grant variances from RS&Gs when the RS&Gs cannot be adapted to local conditions or where the proposed variance appears to meet or exceed the intent of the RS&Gs and where no negative public health impacts are expected.

2. An explanation of the rationale for such a variance will be documented in the SCCDD record.

E. All applications required under this Chapter shall be submitted to SCCDD on forms prepared by the Department. Processing of said applications shall be pursuant to this Chapter under the direction and supervision of the Health Officer.

F. SCCDD may assess a fee for all permits, licenses, or other services or actions provided for in this Chapter. The fees shall be charged in amounts specified in the Skamania County Community Development Fee Schedule as adopted and periodically updated by resolution of the Skamania County Board of Commissioners. Fees are nonrefundable.

G. The provisions of this Chapter shall be held to be the minimum requirements for the promotion of public health, safety, and general welfare in Skamania County. Where the provisions of any local, State, or Federal regulations conflict with this Chapter, the more stringent regulation shall apply with the order of enforcement proceeding from federal, state, then local. (Ord. 2012-10, 11-20-12)

8.84.040 Adoption of state regulations.

The following state regulations as they exist now or are hereafter amended are adopted by reference as the minimum requirements, except as amended herein, as the rules and regulations governing on-site sewage systems in Skamania County and shall have the same force as if fully set forth herein.

A. Chapter 246-270 WAC, Sewer Systems.

B. Chapter 246-271 WAC, Public Sewage.

C. Chapter 246-272A WAC, On-Site Sewage Systems.

D. Chapter 246-272B WAC, Large On-Site Sewage System Regulations.

E. Chapter 246-272C WAC, On-Site Sewage System Tanks.

F. Chapter 246-273 WAC, On-Site Sewage System Additives. (Ord. 2012-10, 11-20-12)

8.84.050 Local management and regulations.

Under the authority of the local Health Officer, SCCDD may identify areas of special concern where OSS approval and installation could pose an increased public health risk. The following areas will be given priority in this activity:

A. Designated wellhead protection areas for Group A and Group B water systems;

B. Designated areas where nitrogen has been designated as a contaminant of concern;

C. Frequently flooded areas including areas delineated by the Federal Emergency Management Agency. (Ord. 2012-10, 11-20-12)

8.84.060 Applicability.

A. This Chapter shall apply to every person(s), partnership, association, organization, corporation, local, federal or state agency, public or municipal corporation which develops, owns, leases, or administers land within Skamania County including those portions of Skamania County located within the Columbia River Gorge National Scenic Area.

B.  Conformity with the Columbia River Gorge National Scenic Area is required. All OSS systems located within the National Scenic Area shall be reviewed for consistency with this Chapter and SCC Title 22, the Columbia River Gorge National Scenic Area Ordinance. If a conflict arises between the requirements of Title 22 and this Chapter, Title 22 shall be controlling.

C. Approval of a permit or development proposal pursuant to the provisions of this Chapter does not discharge the obligation of the applicant to comply with the provisions of this Chapter. (Ord. 2012-10, 11-20-12)

8.84.070 General requirements.

A. All facilities and devices of OSS shall meet the standards of this Chapter and applicable state regulations.

B. 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 the Department or by the Washington State Department of Ecology.

C. A valid sewage system design and installation permit approval issued prior to the effective date of these regulations:

1. Shall be acted upon in accordance with regulations in force at the time of application; and

2. Shall have a maximum validity period of two (2) years from the date of issuance, unless otherwise stated in the record.

D. An installation permit issued after the effective date of this Chapter shall be valid for two (2) years from the date of issuance.

E. When an installation permit expires, a new permit must be applied for and fees paid. The new permit application will be reviewed for consistency with the requirements in effect at the time the new permit application is submitted.

F. Minimum Land Area Requirements. All proposals shall comply with the standards of WAC 246-272A-0320, Developments, Subdivisions, and Minimum Land Area Requirements in order to assure adequate space for both water and OSS. However, the land use zone classification in which the parcel is located in may require a larger lot size.

G. All places where people reside must have a means of sewage disposal acceptable to the Department. All new OSS shall require a permit issued by the Department.

H. Any unit/facility with the potential to generate wastewater by virtue of being equipped with a toilet, sink, shower, or other plumbing fixture shall be connected to an approved public sewer system or shall be connected to an on-site sewage system approved by the Department.

I. For structures requiring OSS, the Department shall ensure:

1. That building permits are not issued until an OSS design is approved and the installation permit is issued by the Department; and

2. That final occupancy or final building inspection is not granted until final approval has been given for the installation of the OSS by the Department.

J. A permit is not required for replacement, addition, or modification of broken or malfunctioning building sewers, risers and lids, sewage tank lids, sewage tank baffles, sewage tank pumps, pump control floats, pipes connecting multiple sewage tanks, and OSS inspection boxes and ports where a sewage tank, treatment component, or soil dispersal component does not need to be replaced. The Health Officer may require the owner to submit information regarding these activities for recordkeeping purposes.

K. Septic work requiring a permit done by persons who are not licensed according to this Chapter is strictly prohibited and subject to enforcement action.

L. The Department will not permit, inspect, or give final approval to any septic installation or repairs performed by anyone who is not licensed according to SCC Section 8.84.210 of this Chapter.

M. It shall be unlawful for any person, firm, or corporation to engage in the activity of cleaning any septic tank, seepage pit, or chemical toilet, or removing other accumulations of septage without first having obtained a Skamania County Septic Pumper’s License from the Department. The Department will not accept pump reports or receipts from any unlicensed septic pumper. Pump reports or receipts are only acceptable from pumpers licensed according to SCC Section 8.84.210 of this Chapter.

N. It shall be unlawful for an individual to engage in the activity of installing an OSS without first having been issued a Skamania County Septic System Installer’s License under SCC Section 8.84.210 of this Chapter.

O. Alternative OSS shall be installed only by licensed installers endorsed by the Health Officer for the installation of alternative OSS.

P. It shall be unlawful for anyone to engage in the activity of operations and maintenance of OSS without first having been issued a Skamania County Operations and Maintenance (O & M) Service Provider License from the Department according to the provisions of SCC Section 8.84.210 of this Chapter.

Q. The permit applicant shall consent to inspections by the Department or other County agencies, as a condition precedent to the issuance of any permit or authorization by the Department. (Ord. 2012-10, 11-20-12)

8.84.080 Land division requirements.

A. The purpose of the following requirements is to ensure that proposed land divisions conform to the current standards and regulations regarding on-site sewage systems.

B. General.

1. This Section prescribes minimum requirements and standards for the use of on-site sewage disposal systems in land divisions, prescribing data to be disclosed to the Health Officer concerning the proposed land division and setting forth information to be furnished to the Health Officer prior to issuing preliminary and final approval of a land division.

2. Each lot of a proposed land division shall be capable of supporting an on-site sewage disposal system and a one hundred percent (100%) reserve area within the proposed lot line boundaries unless a large on-site sewage system or community on-site sewage system is proposed and approved for use.

3. Title 8 contains specific requirements concerning the location of existing and proposed water wells and approved sources of potable drinking water.

4. All required easements shall be shown on all plats.

5. Nothing contained in the process shall be construed to prevent the Health Officer from requiring compliance with higher requirements than those contained herein where such higher requirements are essential to maintain a safe and sanitary condition.

C. Land Division Review Requirements. The Health Officer shall require the following prior to approving any land division for properties where the use of an on-site sewage system is planned or required:

1. A complete Land Division—On-Site Septic application.

2. Buildable Area Analysis.

a. A Buildable Area Analysis shall be required to determine if the proposed lot is buildable without the need for a variance for all lots:

i. Containing less than two (2) contiguous net acres of usable space;

ii. Containing constraints on available area for development (constraints include but are not limited to: property lines, roadway setbacks, critical areas, critical area buffers, requirements set forth in a geotechnical assessment report, stormwater report, or other required report, etc.).

b. When a Buildable Area Analysis is required, the buildable area shall be identified in both acreage and square footage and graphically illustrated on the preliminary and final subdivision plats.

c. A Buildable Area Analysis shall be prepared by a Washington State licensed professional engineer or a Washington State licensed professional land surveyor.

3. If public sewer service is not available within two hundred (200) feet of the proposed land division, the applicant shall identify one of the following methods of on-site sewage control for the land division proposal, and provide location information on the site plan for that system(s):

a. Individual on-site sewage systems for each proposed lot;

b. Community on-site sewage system for the entire land division or portion thereof; or

c. Large on-site sewage system for the entire land division.

4. If an existing public sewer system is proposed to serve the land division, at a minimum, a letter of commitment from the public sewer management entity stating the system’s ability and willingness to provide service for each lot within the proposed land division shall be submitted to the Health Officer, prior to preliminary approval.

5. Individual On-Site Sewage Systems.

a. Preliminary Approval Requirements.

i. Soil and Site Evaluations. Soil and Site evaluations as required under SCC Section 8.84.100 shall be completed for each lot within the proposed land division to demonstrate that a conforming on-site sewage system may be possible for each proposed lot.

(a) A complete soil and site evaluation is required prior to preliminary approval of a long subdivision and prior to administrative approval for a short subdivision.

(b) A minimum of four (4) soil test pits shall be required for each proposed lot in the development: two (2) in or immediately adjacent to the proposed primary drainfield area and two (2) in or immediately adjacent to the proposed reserve drainfield area, unless the Health Officer authorizes fewer test pits.

(c) All soil test pits used for the preparation of the soils report shall be clearly illustrated and accurately located on all preliminary and final long subdivision plats and on all short subdivision plats.

ii. Minimum Land Area Requirements. All proposals shall comply with the standards of WAC 246-272A-0320, Developments, Subdivisions, and Minimum Land Area Requirements in order to assure adequate space for both a potable water supply and an OSS. However, the land use zone classification in which the parcel is located in may require a larger lot size.

b. Final Approval Requirements.

i. If all conditions of preliminary or administrative approval have been met, no significant changes have occurred since the initial review, and potable water supply requirements have been met, the Health Officer may issue approval. Such approval shall not constitute approval of each proposed lot for building permit purposes.

6. Community On-Site Sewage Systems (COSS).

a. Community on-site sewage systems are systems which:

i. Serve two (2) or more single-family dwellings that are under separate ownership or that are located on separate lots; or

ii. Serve (1) multiple family dwelling, producing less than 3,500 gallons of sewage volume per day; or

iii. Serve two (2) or more commercial facilities that are under separate ownership or that are located on separate lots, producing less than 3,500 gallons of sewage volume per day.

b. This section does not apply to “Temporary Dwellings” permitted by the Department. The temporary dwelling permit allows an existing residence’s OSS to be temporarily connected to a residential mobile home on the same property subject to the conditions specified in SCC Title 8 and SCC Section 21.70.120 or SCC Section 22.12.110.

c. If a Community System is proposed, the system and reserve area must be one hundred percent (100%) contained on the lot(s) it serves or an easement shall be provided that has been recorded with the Skamania County Auditor’s Office.

d. Preliminary Approval Requirements.

i. A soil and site evaluation shall be conducted in the proposed location of the primary and reserve area for the community on-site sewage system.

ii. Detailed designs prepared by a licensed designer shall be provided, including specific site location information for both original and reserve systems that meet the requirements of this Chapter.

iii. A letter of intent from an approved monitoring and maintenance specialist or other Health Officer approved management entity to oversee the proposed system.

e. Requirements for Final Approval and Recording.

i. A perpetual utility and maintenance easement shall be granted to all properties utilizing the COSS that:

• Accurately identifies the location of the COSS components, including both the primary and reserve drainfield and the components that cross each lot line; and

• Grant access to these areas for future inspections, maintenance, repairs, and/or replacement purposes; and

• Is sufficient in size to allow access for septage pumping.

Utility and maintenance easements shall be obtained and recorded with the County Auditor’s Office for all new COSS prior to approval. If a utility and maintenance easement is unobtainable, the COSS must be relocated or individual OSS must be provided for each lot.

ii. The applicant shall provide SCCDD with evidence that the COSS has been completely constructed, installed, and is functional according to the requirements of this Chapter and that service has been installed to the property line of each lot. Bonding is not allowed.

iii. Specific language shall be required on the face of the plat addressing the special design considerations and/or system design requirements.

iv. Filing of a valid monitoring and maintenance contract for the system in accordance with this Chapter is required.

7. Large On-Site Sewage Systems (LOSS). Large on-site sewage systems fall under the jurisdiction of DOH. Large on-site sewage systems must comply with Chapter 246-272B WAC and the provisions of this Chapter.

a. The applicant shall provide SCCDD with evidence that the LOSS has been completely permitted, constructed, installed, inspected and functioning according to the permit design and that service has been installed to the property line of each lot prior to final approval of a land division. Bonding is not allowed.

b. Specific language shall be required on the face of the plat addressing the special design considerations and/or system design requirements.

c. A perpetual utility and maintenance easement shall be granted to all properties utilizing the LOSS that:

• Accurately identifies the location of the LOSS components, including both the primary and reserve drainfield and the components that cross each lot line and connect to the LOSS; and

• Grants access to these areas for future inspections, maintenance, repair, and/or replacement purposes; and

• Is sufficient in size to allow access for septage pumping.

Utility and maintenance easements shall be obtained and recorded with the County Auditor’s Office for all new LOSS prior to approval. If a utility and maintenance easement is unobtainable, the LOSS must be relocated or individual OSS must be provided for each lot. (Ord. 2012-10, 11-20-12)

8.84.090 Authorization to use an existing on-site sewage system.

A. Proposed Increase in Either the Original Design Flow and/or the Original Waste Strength.

1. When a proposed connection to an existing permitted OSS either exceeds the original design flow or the original waste strength, or both, one of the following shall be required prior to connection:

a. The applicant shall submit a report to the Department for review and approval, prepared by a licensed designer or professional engineer, indicating how the existing permitted system meets all current code requirements and is of adequate capability and capacity to accommodate the increase in design flow and/or waste strength; or

b. The applicant shall submit an expansion or repair permit application along with a design prepared by a licensed designer or professional engineer modifying or replacing the existing permitted system to accommodate the increase.

B. No Proposed Increase in the Original Design Flow and/or the Original Waste Strength.

1. To begin the process, submit the form supplied by the Department requesting authorization to use an existing system.

2. Prior to obtaining project approval or any required permits for a parcel currently served by an OSS, when there is no proposed increase in either the design flow and/or waste strength, the Health Officer must determine if the:

a. Current OSS is adequate for the proposed use;

b. Current OSS is operating properly, as designed, permitted, or approved; and

c. Project proposal will not interfere with any OSS component, designated reserve area, or setbacks to the OSS.

3. Determination for authorization to use an existing OSS requires the following:

a. An in-office review of records when sufficient records exist to evaluate potential impacts to the operation of the OSS or its reserve area.

b. If the OSS is not permitted or if there are insufficient records to make a determination, a current O & M inspection report in accordance with SCC Section 8.84.180 or SCC Section 8.84.190 is required.

i. The report shall document the location and details of drainfield components by a certified inspector if the Health Officer determines this necessary to issue a finding.

c. If the Health Officer determines that the existing OSS is authorized for the proposed use, they will issue a results letter stating so. Results letters will be valid for five (5) years following the date of issuance. If the Health Officer determines that the proposed project is not authorized, a results letter will be issued outlining the decision and factors in denial; the applicant may then either modify the proposed project to eliminate any adverse impact, apply for an expansion or replacement of the existing OSS, or both.

C. Proposed Land Use Determinations.

1. Alterations of existing lot lines and land division proposals require a determination of adequacy and evaluation of the existing OSS for the proposed lot configuration.

2. The Health Officer may determine adequacy of the existing OSS by either conducting an in-office review of existing records or requiring a current O & M inspection report, or both. If the OSS is deemed inadequate or nonconforming, an expansion or replacement OSS may be required. (Ord. 2012-10, 11-20-12)

8.84.100 Soil and site evaluation.

A. The Health Officer will complete an in-office review and either conduct a complete soil and site evaluation at the request of the property owner, or conduct a concurrency review of the designer’s completed soil and site evaluation in accordance with this Chapter to identify the area best suited to support a conforming OSS.

B. Soil and site evaluations require the following:

1. A complete On-Site Sewage Site Evaluation application submitted to the Department;

2. Soil test pits must be clearly marked in the field, accurately located, and labeled on the site plan drawing;

3. Well head or proposed well location clearly marked on the site plan drawing if less than 200 feet from proposed primary or reserve drainfield areas;

4. Excavation of a minimum of four (4) soil test pits: two (2) in or immediately adjacent to the proposed primary drainfield area and two (2) in or immediately adjacent to the proposed reserve drainfield area, unless the Health Officer authorizes fewer test pits. No soil test pits shall be dug before the Site Analysis Level II review has been completed and a site plan approval or National Scenic Area approval has been issued due to the possibility of critical areas or the possibility that the subject parcel is located within the Columbia River Gorge National Scenic Area boundary;

5. A winter water evaluation will be required for all sites with eighteen (18) inches or less of soil above a restrictive layer due to high water table, unless otherwise authorized by the Health Officer;

6. Soil and site evaluations will be valid for a period not to exceed five (5) years from the date of approval, however:

a. New test holes may be required when the original conditions of the site are not well documented or known, cannot be reasonably determined, or if the original conditions of the site and/or soil have changed;

b. An applicant who submits a written request and supporting data to the Health Officer at least thirty (30) calendar days prior to the expiration of the soil and site evaluation results may, at the discretion of the Health Officer, be granted one (1) two (2) year extension; provided, that the site conditions have not changed since the original evaluation. Knowledge of the expiration date and initiation of a request for a time extension is the responsibility of the applicant or owner(s) of the property.

7. Soil probes and augers will not be allowed for the purpose of describing soil types to meet design criteria; and

8. All test holes must be constructed in compliance with WAC 296-155 and in a manner to provide for the safety of the individuals entering them. Test holes must be constructed to meet the following minimum standards:

a. Test holes must be a minimum of twenty-four (24) inches wide and have an access slope on one side with a slope of no more than forty (40) degrees.

b. Test holes deeper than four (4) feet must have a bench constructed at four (4) feet below ground surface.

c. Test holes may not exceed a depth of six (6) feet unless permission is granted by the Department prior to excavation.

d. In unstable soils, holes deeper than four (4) feet must be shored and constructed in a manner that reasonably assures the safety of individuals entering therein.

e. If previously approved by the Department, smaller hand dug holes may be allowed if only an alternative OSS is proposed or when access to the evaluation location is difficult due to terrain. (Ord. 2012-10, 11-20-12)

8.84.110 Concurrency review.

A. If the applicant elects to have a licensed designer or professional engineer complete the required soil and site evaluation, the following shall apply:

1. The Health Officer will conduct a concurrency review of the designer’s completed soil and site evaluation.

2. The designer may submit an OSS design at the same time as the soil and site evaluation; however, design revisions may be required after the consistency review is conducted.

3. Approval of a soil and site evaluation conducted by a designer does not mean automatic approval of the OSS design. A full review of the submitted OSS design must still be completed.

4. All setbacks and buffers affecting the subject parcel must be verified prior to excavating the soil test pits. Failure to do so may result in:

a. Required mitigation measures for damage caused to critical areas;

b. Being required to excavate new soil test pits in a different location which may affect the parcel’s ability to support an OSS and may limit the area available for primary and reserve drainfields due to additional ground disturbance.

5. Soil test pits evaluated by the designer must be kept open for the Health Officer to review the same soil test pits.

a. After submittal of the designer’s soil and site evaluation, the Health Officer shall have four (4) business days to conduct a site visit to review the site and excavated soil test pits.

b. Once the site visit to review the site and excavated soil test pits is complete, the Health Officer will have four (4) business days to compile the concurrency review results.

6. New test pits shall be required and a new soil and site evaluation shall be conducted if the soil test pits evaluated by the designer are filled prior to the Health Officer’s concurrency review. (Ord. 2012-10, 11-20-12)

8.84.120 Design requirements—General.

A. An SCCDD approved soil and site evaluation, unless the design is submitted with a consistency review packet as specified in SCC Section 8.84.100.

B. OSS design submittals shall utilize the forms and guidelines provided by the Department.

C. OSS designs must be submitted along with a completed On-site Sewage System Design Review and Permit Application and nonrefundable application fee before any review of the OSS design will commence. (Ord. 2012-10, 11-20-12)

8.84.130 Design requirements—Septic tank sizing.

A. Septic tanks shall have an effluent filter installed in the outlet except where a pump vault filter is used.

B. All tanks require liquid-tight risers that are designed to allow for monitoring and maintenance on every chamber of septic tanks and pump chambers with a secured lid extended to a level at or above final surface grade. Risers and riser lids shall not be constructed of concrete.

C. Risers shall be secured to tanks by the following methods:

1. Tanks with cast-in-place riser rings will have risers adhered with the manufacturer recommended adhesive.

2. Bolt-on riser rings may be used following manufacturer’s recommendations.

3. Risers adhered directly to concrete tanks shall use the riser manufacturer’s recommended adhesive.

4. Polyethylene and fiberglass tanks shall use tank manufacturer’s risers and installation recommendations.

5. Spray polyurethane foam or mortar will not be permitted as a riser adhesive for any tank.

D. Minimum tank sizes for residential structures are:

1. One thousand gallon minimum capacity for any single-family dwelling (SFD) up to, and including, four (4) bedrooms;

2. Two hundred fifty gallon additional capacity for each bedroom over four (4);

3. Two hundred fifty gallon additional capacity if utilizing a garbage disposal system;

4. Where existing tanks are proposed to be reused, they must meet the current standards in place at the time of reuse and receive authorization approval from the Health Officer. (Ord. 2012-10, 11-20-12)

8.84.140 Design requirements—Soil dispersal components.

A. There shall be a minimum of three (3) feet of undisturbed native soils between trench sidewalls, excluding subsurface drip systems.

1. Drainfields with the designated reserve area between trenches must have, at a minimum, six (6) foot spacing sidewall to sidewall between trenches.

B. Sand mound systems having a total of thirty-six (36) inches of vertical separation (sand under the bed plus native soil to restrictive layer), but less than twenty-four (24) inches of sand under the bed, shall be allowed for sites requiring treatment level C or lower with a minimum of twelve (12) inches of sand under the bed.

C. Serial distribution drainfields shall be placed in a minimum of twelve (12) inches of original, undisturbed soil measured on the downhill side of the trench.

D. Loop distribution systems are only suitable for flat sites as the entire trench bottom must be the same elevation.

E. The laterals of equal gravity distribution drainfields must be within five (5) feet of the same length.

F. Distribution boxes must:

1. Have access at grade;

2. Be set level on concrete, compacted soil, or native undisturbed soil; and

3. Have a ninety (90°) degree turndown, a baffle or other approved means of dispersion on the inlet pipe if pumping to distribution box.

G. Individual trenches shall have observation ports securely fastened on each distal end that provide visual access to the infiltrative surface. (Ord. 2012-10, 11-20-12)

8.84.150 Installation.

A. Installation of an OSS must be performed by an installer licensed according to SCC Section 8.84.210 of this Chapter. (Ord. 2012-10, 11-20-12)

8.84.160 Inspection.

A. For all activities requiring a permit:

1. Before the final construction inspection, the designer or installer shall submit to the Department a record drawing on an SCCDD approved form, as follows:

a. The installer is responsible for submitting record drawings for:

i. All conventional gravity OSS; and

ii. Septic tank only replacements.

b. The designer is responsible for submitting record drawings for all alternative OSS. The designer shall also submit the alternative OSS record drawing addendum and include squirt heights for each lateral, measured drawdown, and timer setting if applicable.

2. Prior to final inspection, the designer or installer, as noted above, shall provide to the Department all documents required for final OSS inspection, unless other arrangements have been previously approved by the Health Officer.

a. All documents required for final OSS inspection must be submitted to the Department office. Electronic copies may be accepted for review but they must be followed by a paper copy. (Ord. 2012-10, 11-20-12)

8.84.170 Record drawings (as-built drawings).

A. Record drawings for new construction, expansions, replacements, and repairs of an OSS must:

1. Have a permanent landmark, such as a property corner, structure, well head, or geological feature, not including trees, by which the OSS can be located at a future date; and

2. Be submitted on forms supplied by the Department and show details as required by the form(s). (Ord. 2012-10, 11-20-12)

8.84.180 Operation, monitoring, and maintenance—Owner responsibilities.

Operation, monitoring, and maintenance shall meet the requirements of WAC 246-272A-0270, unless otherwise permitted by the Department. (Ord. 2012-10, 11-20-12)

8.84.190 Operation, monitoring, and maintenance—Food service establishments.

A. If a food service establishment utilizes an OSS, the owner of the food service establishment shall have annual O & M inspections, conducted by a licensed O & M service provider.

B. Annual O & M inspection reports shall be submitted to the Department in conjunction with the food service establishment license renewal.

C. Food service establishments utilizing an OSS shall submit information to the Department upon any change in ownership, change of menu, or operation to determine if it will affect sewage quantity or quality.

D. If changes to the food service establishment are determined to have potentially harmful effects on the OSS, an evaluation by a licensed designer or professional engineer will be required.

E. The repair or replacement of the OSS must be done in an expedient manner, if any problems are found.

F. The Health Officer will:

a. Not issue a new license to any food service establishment not meeting the standards of this Title or current state code.

b. Not issue a new license to any food service establishment that has undergone a change of ownership that utilizes an OSS, where the OSS is determined by the Department to be inadequate.

c. Have cause not to renew the license to an existing food service establishment which utilizes an OSS if the required annual inspection is not completed, documentation is not submitted to the Department, and/or the OSS is determined to be inadequate by the Department. (Ord. 2012-10, 11-20-12)

8.84.200 Repair of failures.

A. In the event of a failed OSS, the following shall be required:

1. Before receiving final approval, all Table IX (WAC 246-272A-0280) repairs require a contract with a properly licensed O & M service provider to be in effect, and notice of O & M requirements recorded in the County deed records.

2. When an OSS is found to be failing or in need of repair, the owner of the OSS shall notify the Department and obtain proper approval for any necessary repair and have all repairs or replacements completed in a time frame determined by the Department.

3. All repairs for failure that do not meet current requirements of this Chapter shall have a notice on title recorded with the Skamania County Auditor that states the property contains a permitted nonconforming system. (Ord. 2012-10, 11-20-12)

8.84.210 Licensing of on-site sewage system installers, pumpers, and operation and maintenance service providers.

A. General.

1. All OSS installers, septic pumpers, and O & M service providers must meet the requirements of this Section.

2. It shall be unlawful for any person to install, repair or perform maintenance on an OSS in Skamania County who does not possess a valid license issued by the Department.

3. Any person having been issued an OSS installer, septic pumper, or O & M service provider license is required to notify the Department in writing within thirty (30) days of any change in their business address and/or mailing address.

B. Applications and Fees.

1. Application for OSS installers, septic pumpers, and O & M service providers shall be made on forms provided by the Department.

2. Application fees shall be paid at the time of application.

3. Fees are not prorated.

C. Testing and Experience.

1. The Department shall determine the following based on an approved written examination of the applicant’s knowledge:

a. OSS Installers. Knowledge of public health problems involved in the treatment and dispersal of sewage and necessary standards of design, construction, and installation.

b. Septic Pumpers. Knowledge of public health problems involved in the removal and disposal of sewage from septic tanks and OSS.

c. O & M Service Providers. Knowledge of public health problems involved in the treatment and dispersal of sewage and necessary standards of design, construction, maintenance, and installation.

2. If the applicant does not receive a passing mark in any such examination, the applicant shall be denied a license.

3. Persons attempting, but failing to pass, an SCCDD exam may retake the exam after thirty (30) days.

4. The applicant may take an SCCDD exam only twice in any sixty (60) day period.

5. After two (2) consecutive failures of an SCCDD exam, the applicant must wait one (1) year before reapplying and testing for the license.

6. For approved exams not administered by SCCDD, rules and requirements regarding re-examination following exam failure will apply.

D. Bond Required.

1. Prior to the issuance of a Skamania County OSS Installer, Septic Pumper, or O & M Service Provider License, the applicant must be in possession of a bond obtained in accordance with the Special or General Contractors Law of the State of Washington, Chapter 18.27 RCW.

2. The bond must be kept in effect during the period of time for which the license is issued; cancellation of the bond shall automatically suspend the license.

E. Resident Owner Exemption.

1. Nothing herein contained shall prohibit a resident owner from installing or making repairs on a conventional gravity OSS serving their own single-family residence; provided, that the resident property owner applies for and secures all required licenses and permits, and completes all work required under the standards outlined herein, subject to inspection and approval by the Health Officer. This resident owner exemption does not apply to builders of homes constructed for resale, secondary residences, or rentals. Resident owner installer approvals are not transferable. Additional inspections may be required.

a. Resident owners may install their own conventional gravity OSS if they meet the following conditions in addition to the requirements of WAC 246-272A-0250(3):

i. Prior to any work conducted, resident owners must successfully complete and pass a competency exam administered by the Department in order to obtain approval to install a conventional gravity OSS. A resident owner approval is valid for only one (1) conventional gravity OSS installation on the parcel specified in the resident owner application.

ii. Resident owners must follow an OSS design approved by the Department;

iii. Resident owners who utilize the help of any individual, who is not a licensed installer under SCC Section 8.84.210 of this Chapter, bear the responsibility to insure the OSS is correctly installed.

iv. Resident owner installers are responsible to ensure that the installation meets all state and county standards. When the system is not installed to these standards, the resident owner installer will:

a) Be subject to enforcement under SCC Section 8.84.240 of this Chapter; and

b) Not be allowed to utilize the OSS until given final approval by the Department.

2. Nothing herein contained shall prohibit a resident owner or nonresident homeowner from conducting, or performing operation, maintenance, and monitoring of their own conventional gravity OSS and reporting the findings of the operation, maintenance or monitoring of their conventional gravity OSS to the Department so long as the Department has authorized the homeowner to conduct the inspections.

a. Resident owners must successfully complete an exam for competency administered or approved by the Department.

F. License Issuance, Expiration, and Renewal.

1. Issuance.

a. The Health Officer will not issue a license if the applicant is not qualified to install, repair, or perform maintenance on an OSS or is found by the Department to be in violation of the provisions of this Chapter.

b. Licenses are not transferable.

2. Expiration.

a. Licenses are good for one (1) year and expire as indicated by the Department.

b. If a license expires and is not renewed prior to expiration, a new license can be obtained by meeting the requirements of SCC Section 8.84.210.

3. Renewal.

a. All license renewal applications, along with the required bond and renewal fee, shall be submitted to the Department prior to issuing a renewal license.

b. Licenses shall not be renewed if the applicant is found by the Department to be in violation of the provisions of this Chapter.

G. Suspension and Revocation of Licenses.

1. The Department may fine, suspend, or revoke the license of an OSS Installer, Septic Pumper, or O & M Service Provider if there has been a finding of incompetence, negligence, willful misrepresentation, or failure to comply with this Chapter or other applicable laws, rules, and regulations.

2. A licensee whose license has been revoked shall be ineligible to apply for re-licensure until sixty (60) calendar days have passed from the date of the license revocation.

3. Any OSS System Installer, Septic Pumper, or O & M Service Provider whose license has been suspended or revoked will be required to retake and pass the appropriate exam(s) before their license may be reinstated.

H. License Types and Additional Performance Standards.

1. Installer.

a. The actual person licensed must be on site at all times when installation of the OSS is taking place.

b. The installation of an OSS for which a permit has not been obtained shall be cause for suspension, fine, or revocation of an OSS Installer’s License.

c. Original record drawings shall be submitted to the Department. All other records pertaining to an OSS must be kept by the installer for a period of not less than five (5) years.

d. For proprietary products, licensed septic system installers must show training specific to the product, and/or meet the product patent holder’s specifications, before being authorized by the Department as an installer for the product.

e. Alternative on-site sewage systems shall be installed only by licensed installers endorsed by the Health Officer for the installation of alternative on-site sewage systems.

2. Pumper.

a. Each septic pumper shall submit to the Department, no later than the twentieth (20th) day of each month, a billing report (septic log reports) on a form furnished by, or in a manner approved by, the Department. Said report shall contain the dates, source location (site address and/or parcel number), disposal site, volume, and any additional information required by the Department for each load of waste handled for the preceding calendar month. Each septic pumper pays a septage fee for the gallons pumped within Skamania County. This fee is established by Resolution of the Board of County Commissioners.

b. All outer contact surfaces and fittings of pump trucks shall be kept in a clean and sanitary condition while stored or in transit.

c. All premises served and equipment used shall be left in a clean and sanitary condition.

d. All discharge valves on pump trucks shall be in good repair, free from leaks and fitted with watertight caps.

e. The name, address, and phone number of the operating firm shall be prominently displayed on both sides of any pump tank vehicle in bold letters.

f. Septage shall be discharged into an existing, approved sewage treatment plant or other approved facility, in according with plant operator’s instructions and/or requirements.

g. All records pertaining to an OSS must be kept, by the septic pumper, for a period of not less than five (5) years. However, the septic pumper shall be required to submit, to the Department or an electronic location approved by the Department, an inspection/pump report for each site they service within Skamania County. Monthly septic log reports, for billing activity, indicating the volume of septage pumped within the County are also required to be submitted to the Department each month as specified above in SCC Section 8.84.210(H)(2)(a).

3. O & M Service Provider.

a. The O & M service provider shall be qualified to operate, monitor, and maintain on-site sewage systems.

b. An O & M Service Provider license does not allow the holder to design or install on-site sewage systems.

c. Each O & M service provider shall submit, directly to the Department or to an electronic location approved by the Department, an O & M report for each OSS inspected the previous month within Skamania County. O & M reports must be submitted no later than the twentieth (20th) day of each month and must contain all relevant information required by the Department. All other records pertaining to an OSS must be kept by the O & M service provider for a period of not less than five (5) years.

d. O & M Service Providers shall report failures of an OSS to the Department within one (1) business day of first identifying the failure.

e. O & M Service Providers must notify the Department of the cancellation of any O & M contracts in Skamania County within thirty (30) days of cancellation.

f. For proprietary products, licensed O & M Service Providers must show training specific to the product, and/or meet the product patent holder’s specifications, before being authorized by the Department as an O & M Service Provider for the product.

I. Grievance. Any aggrieved person with standing, because of the revocation or denial of their license by the Health Officer, may appeal in accordance with SCC Section 8.84.230. (Ord. 2012-10, 11-20-12)

8.84.220 Waiver of state regulations.

A. The Health Officer may grant a waiver from specific requirements of this Chapter if:

1. The waiver request is evaluated by the Health Officer on an individual, site-by-site basis;

2. The Health Officer determines that the waiver is consistent with the standards in, and the intent of these rules; and

3. The Health Officer determines that the waiver is consistent with the Washington State Department of Health’s guidance document titled: “An Application Guide for Granting Waivers From State On-site Sewage System Requirements” as it exists now or is hereafter amended; and

4. The Health Officer submits quarterly reports to DOH regarding any waivers approved or denied. (Ord. 2012-10, 11-20-12)

8.84.230 Appeals.

A. The Hearing Examiner shall hear the appeals of any administrative decision of the Health Officer, or the Health Officer’s designee, relating to this Chapter. Any aggrieved person with standing may file an appeal on forms provided by the Department. Standing shall be limited to the applicant, the owner(s) of the property, the installer, or designer for whom an OSS is proposed who deems himself/herself aggrieved and will thereby suffer a direct and substantial impact from the proposed OSS administrative decision, or an installer, designer, or pumper aggrieved by the revocation or denial of a license.

B. Such appeals shall be filed in writing with the Hearing Examiner within fourteen (14) calendar days of the date the action being appealed was issued, and must include the nonrefundable appeal fee as set in Resolution by the Board of County Commissioners.

C. In exercising the powers granted herein, the Hearing Examiner may reverse, affirm, or modify all or in part, the order, requirements, decision, or determination appealed from, and may make such order, requirement, decision, or determination as should be made and, to that end, shall have all powers of the Health Officer from whom the appeal is taken, insofar as the decision on the particular issue is concerned. However, the Hearing Examiner shall have no authority to authorize the installation of on-site sewage systems contrary to the laws of the State of Washington, Chapter 246-272A WAC as now or hereafter amended and/or applicable local rules and regulations of the Board of Health governing on-site sewage systems or otherwise authorize matters relative to on-site sewage systems which shall jeopardize the public health, safety, and welfare.

D. A written appeal shall include a detailed description stating the reasons for the appeal.

E. The Department shall provide the Hearing Examiner with findings and documentation relating to the application or other administrative action. The Department may prepare a separate staff report and recommendations for presentation to the Hearing Examiner.

F. Upon filing for an appeal with payment of the appeal fee, the Department shall set the public hearing with the Hearing Examiner.

G. Notice of the time and place of the public hearing will be sent by certified mail to the appellant and the property owner if different from the appellant by the Department.

H. The Hearing Examiner shall affirm, modify, or reverse the decision based upon the record of findings to support such a decision. The appellant carries the burden of proof on appeal. The decision of the Hearing Examiner will be issued to the Department within ten (10) business days following the close of the hearing.

I. The decision of the Hearing Examiner shall be final unless appealed to the Superior Court in accordance with the rules of the court. (Ord. 2012-10, 11-20-12)

8.84.240 Violations and enforcement.

A. Violations—Penalty. Any person, firm, corporation, or association, or any agent of any person, firm, corporation, or association who violates any provision of SCC Chapter 8.84, or fails to comply with any order issued by SCCDD, the Health Officer, or the Board of Health, shall be guilty of a violation punishable by a fine of not more than $500.00 per violation. A violation will be deemed to occur for each day that the violation continues after the person has been notified by certified mail or personal service of the apparent violation.

B. Notice of Alleged Violation. In the event the Health Officer has sufficient basis to believe that a violation of this Chapter has occurred, the Health Officer will notify the violator of the alleged violation by certified mail or personal service and allow fourteen (14) calendar days for the violator to respond. A notice of alleged violation shall contain the following information:

1. The following statement shall appear on the top of the first page: “NOTICE OF ALLEGED VIOLATION”;

2. A brief description of the nature of the violation;

3. The name of the County Department and staff member of the Department to contact regarding the violation;

4. The date that the notice is issued;

5. That failure to correct the alleged violation or meet the conditions outlined by the Department in the notice may result in a formal action to revoke any applicable permits, licenses, and/or the imposition of a fine of up to five hundred dollars ($500.00) per day the said violation continues; and/or any other appropriate legal action to address the violation. (Ord. 2012-10, 11-20-12)

8.84.250 Severability.

If any provision of this Chapter or its application to any person or circumstance is held invalid, the remainder of this Chapter or application of the provision to other persons or circumstances shall not be affected. Where conflict exists between standards, the more restrictive shall apply. (Ord. 2012-10, 11-20-12)