HomeMy WebLinkAbout2021-072 - Ord. Amending Mason County Code Title 6, Chapter 6.76 On-Site Sewage Regulations ORDINANCE NO. AM- D12
AN ORDINANCE AMENDING MASON COUNTY CODE TITLE 6, CHAPTER 6.76 ON-SITE
SEWAGE REGULATIONS
WHEREAS, RCW 70.05.060 directs the local board of health to enact local rules and regulations
as are necessary to preserve, promote, and improve public health and provide for the
enforcement thereof.
WHEREAS, Mason County Onsite Sewage Advisory Committee reviewed and approved
recommendations to adopt the proposed amendments on July 13th, 2021.
WHEREAS, The Washington State Department of Health has reviewed and provided approval of
the proposed amendments on September 8th, 2021 in accordance with WAC 246-272A-015.
WHEREAS, Mason County Board of Health has reviewed and approved the proposed
amendments on September 28th, 2021 and movement to hearing with the Board of County
Commissioners.
WHEREAS,A public hearing was held on November 9th, 2021, in accordance with Mason County
Code 6.04.060.
NOW,THEREFORE, BE IT ORDAINED, that the Board of Mason County Commissioners hereby
amends Chapter 6.76 of the Mason County Code, "On-site Sewage Regulations" to read as set
forth on Exhibit 1, attached hereto and incorporated by reference,with an effective date of January
1, 2022.
DATED this q ' day of 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
McKenzie S th, CIcVk of the Board
Rand , NeathNn, Chair
APPROVED AS TO FORM:
Sharon Tras , Commissioner
Tim Whitehead
Chief Deputy Prosecuting Attorney
Kevin Shutty, Commissioner
EXHIBIT 1
Chapter 6.76 ON-SITE SEWAGE REGULATIONS
6.76.010 Authority.
Pursuant to the authority of Chapters 43.20.050,70.05.060 RCW,These regulations are hereby established
as minimum requirements of the Mason County Board of Health,governing on-site sewage systems in Mason
County.
(Ord. No. 32-09,§1,4-7-2009)
6.76.020 Purpose.
The purpose of these regulations are to assure protection of public health by:
(1) Minimizing the public health effects of on-site sewage systems on surface water and groundwater.
(2) Minimizing the potential for public exposure to sewage.
(3) Establishing design, installation,and management requirements for on-site sewage systems to
accommodate effective treatment and disposal of sewage on a long-term basis.
(4) Require a known level of treatment for sewage disposed in Mason County.
(5) Enhance protection of environmentally sensitive areas within Mason County.
(Ord.No. 32-09, §2,4-7-2009)
6.76.030 Administration.
The Mason County Public Health Director,through authority delegated by the Mason County Board of Health
and the Mason County Health Officer shall administer these regulations. Fees may be charged for this
administration.
(Ord. No.32-09,§3,4-7-2009)
6.76.040 Definitions.
The definitions of terms contained in Chapter 246-272A WAC are hereby adopted and incorporated by
reference. In addition,the following definitions shall also apply in these regulations:
"Board"shall mean the Mason County Board of Health.
"Community drainfields"shall mean a drainfield serving two or more residences on two or more parcels.
"Continuing education unit(CEU)"shall mean unit of credit customarily used for continuing education
courses.One continuing education unit equals ten professional development hours.
"Department"shall mean the Mason County Public Health.
"Director"shall mean the Mason County Public Health Director or a member of the department authorized
by and under the direct supervision of the Mason County Health Officer and Director.
"Health officer"shall mean the Mason County Health Officer or a member of the department authorized by
and under the direct supervision of the Mason County Health Officer.
Page 1 of 10
"Pit Toilet"is an on-site sewage disposal unit consisting of a structure overlying an excavation not exceeding
five feet in depth in which human excrement(human feces and urine)is directly deposited for permanent
placement in the ground.
"Professional development hour(PDH)"shall mean an hour engaged in a qualifying activity.
"Qualifying activity"shall mean any activity that is related to on-site wastewater treatment systems or will
help the installer or operation and maintenance provider maintain their competency.
"Shared drainfield"shall mean two residences on one parcel sharing one drainfield with or without separate
tanks.
"Significant periods of the year"shall mean from December 1 through March 31.
"Surface water"shall mean any body of water,whether fresh or marine,flowing or contained in a natural or
artificial unlined depressions for a significant periods of the year,including natural and artificial lakes, ponds,
springs, rivers,streams,swamps,marshes and tidal waters.
(Ord. No.32-09,§4,4-7-2009)
6.76.050 Applicability.
These regulations shall apply to all on-site sewage systems except the following:
(1) New construction for which a permit was issued prior to adoption of these regulations and which is still
valid.
(2) Facilities constructed or operated in accordance with a permit or approval issued by the Washington
State Department of Ecology.Where these regulations are in conflict with Chapter 90.48 or 70.95 RCW,
said RCW shall apply.
(3) Facilities constructed or operated in accordance with a permit or approval issued by the Washington
State Department of Health.Where these regulations are in conflict with 246-272B WAC.
(4) Where any of the requirements of these regulations conflict with one another or with any
requirements of Chapter 246-272A WAC,the more stringent requirement shall apply.
(Ord. No.32-09,§5,4-7-2009)
6.76.060 Minimum standards and adoption by reference.
(1) "Chapter 246-272A WAC, Rules and Regulations of the State Board of Health for On-Site Sewage Systems"as
presently adopted and any future revisions are hereby adopted and incorporated by reference in these
regulations.Copies of said document shall be maintained and made available to the public at the Mason
County Public Health office.
(2) "Mason County Public Health On-Site Standards"as presently adopted and any future revisions are hereby
adopted and incorporated by reference in these regulations.Copies of said document shall be maintained
and made available to the public at the Mason County Public Health office.
(3) "Mason County's On-Site Sewage System Management Plan"as presently adopted and any future revisions
are hereby adopted and incorporated by reference in these regulations.Copies of said document shall be
maintained and made available to the public at the Mason County Public Health office.
(4) "Mason County Environmental Health Building Permit Policies"as presently adopted,and any future
revisions are hereby adopted and incorporated by reference in these regulations. Copies of said document
shall be maintained and made available to the public.
Page 2 of 10
(54) Permits shall be required prior to any construction, alteration,extension,relocation,or repair of any on-site
sewage system. Permits shall be valid for three years from the signature date of the site inspection. Permits
proposing repair of failed components shall be valid for one year from the signature date of the site
inspection.-Permit fees shall be charged according to the"Mason County P, bl+FEnvironmental Health Fee
Schedule."Copies of said document shall be maintained and made available to the public at the Mason
County Public Health office.
(Ord. No.32-09, §6,4-7-2009)
6.76.065 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 permitted public sewer or Large Onsite Sewage System approved by
Washington State Department of Health or Onsite Sewage System approved by the health officer.
(2) Any unit/facility with the protentional to generate wastewater by virtue of being equipped with a toilet,sink,
shower or other plumbing fixtures shall be connected to an permitted public sewer or Large Onsite Sewage
System approved by Washington State Department of Health or Onsite Sewage System approved by the
health officer.
(3) Installation and use of Pit Toilets for sewage disposal shall not be permitted nor considered an adequate
form of sewage disposal in Mason County.
6.76.070 Operation and maintenance of on-site sewage systems.
(1) On-site sewage systems shall be inspected as prescribed in 246-272A WAC and the Mason County Public
Health On-Site Standards.
(2) The homeowner or person contracted by the homeowner to perform the inspection service shall report fully
on the status of the on-site sewage system, using the form and/or management service prescribed by the
director.
(3) The homeowner or person contracted by the homeowner to perform the inspection service shall report
immediately any identified on-site sewage system failure to the department.
(4) The system owner shall take necessary corrective action,as identified by the director,to correct deficiencies
in system design and operation,when such deficiencies are documented through operation and
maintenance inspections.
(5) When a property contains and/or is served by an on-site sewage system,an inspection service report by a
certified operations and maintenance specialist is required within 12 months:
(a) Prior to the sale of property or transfer of ownership.
(b) Prior to the application for residential or commercial building permits)
(c) Prior to other land use or governmental actions such as land divisions or boundary line adiustments
The inspection service report shall include the status and findings of all system components at time of the
inspection and use the form prescribed by the director. T.ansfeF 9f- ..;, eRt, ..hip sties"
age system,using the feFFR pFesffibed by
the diFeCAeF.
(a) GUFFeAt shall MP_aA Y.FithiR thFee ye@FS With a system eensisting selely ef a septic tank and dRiAfield and
annually f9F all etheF OR site septie system.
Page 3 of 10
(b) SeFviee fE)F an on 5ite sewage system EeRsisting selely of a septie tank and gravity draiRfield shall be
MainteRance Specialist.All etheF on site sewage systems well .-e,-j--`-- frem a Mason Ceunty
(Ord. No. 32-09, §7,4-7-2009)
6.76.080 Certified pumper requirements.
(1) It shall be unlawful for any person,firm or corporation to engage in cleaning any septic tank,seepage pit or
chemical toilet,or removing other accumulations of sewage without first obtaining a pumper's certificate
from the department.
(2) The requirements for pumper certification shall include all of the following:
(a) The applicant shall demonstrate having a certified disposal site for the septage or holding tank wastes.
(b) The applicant shall demonstrate sanitary equipment meeting the following requirements:
1. The pump tank shall be of at least one thousand gallons in capacity, in good repair, and of
cleanable construction.
2. All outer contact surfaces and fittings shall be kept in a clean and sanitary condition while stored
or in transit, and all premises served and equipment used shall be left in a clean and sanitary
condition.
3. All discharge valves shall be in good repair,free from leaks and fitted with watertight caps.
4. The name of the operating firm shall be prominently displayed on the sides of any pump tank
vehicle.
(3) The initial certificate fee shall be in accordance with the adopted fee schedule.At the end of each calendar
year all certificates shall expire. Certificates may be renewed for a fee established by the adopted fee
schedule.A pumper's certificate shall not be transferable.
(4) Copies of all pumping reports shall be submitted to the Mason County Public Health office monthly. except
as noted in ssubectien (6)of this seetion.
(5) A copy of the pumping report as prescribed by the health officer shall be given to the homeowner at the time
of the service.
(6)
en s4e EeFnpenentS that GOUld Fesult in human Eontact with sewage e4luent,fai!UFe W FePOFt tG the
site sewage system eempenents,eF otheF iREempetence, negligeRee,eF FnisFepFesentatien.Said suspensieF�
Fegulatiens and will be held iR abeyanee pending reselutieR ef the appeal.
whieh the pumper's ceFtificate is subject te Feveeatie—n and-advising that the GeFtificate shall be peFFnanently
with the department by the h ld f thepurnpeF'seFtifieate within they ten_`ay pid.
Page 4 of 10
(b) The diFeeteF shall schedule a 5pecial heaFing ef an appeal f9F the pumpeF with the eeFtifiP_d_ r_-A_.RtF@C_tG_F
shed
board.
(Ord. No. 32-09, §8,4-7-2009)
6.76.090 Certified installer requirements.
(1) It shall be unlawful for any person,firm or corporation to engage in installation, alteration, repair or
modification of an on-site sewage system within Mason County without first obtaining an installer's
certificate from the department except as noted in 246-272-0250 WAC.
(2) Requirements for installer certification shall include all of the following:
(a) Presentation to the director of evidence showing a minimum of one year experience working with a
certified installer or some other experience that can be demonstrated to the director as providing
knowledge and skills equivalent to having worked with a certified installer for a minimum of one year.
(b) Prior to issuance of a certificate,the director shall require written examination of the applicant's
knowledge of on-site sewage system principals and the rules, regulations, laws and ordinances
affecting the public health and safety with respect to on-site sewage systems.
(c) The initial certification fee shall be in accordance with the adopted fee schedule.At the end of each
calendar year all certificates shall expire. Certificates may be renewed for a fee established by the
adopted fee schedule.An installer's certificate shall not be transferable.
(d) Prior to the issuance of an installer's certificate,the applicant shall provide verification to the
department of their current status as a specialty contractor.
(e) The installer shall accumulate twelve professional development hours for any three-year period.
(f) The installer is responsible for maintaining records to be used to support credits claimed. Records
should include date of activity, instructor's name,description of activity, number of contact hours and
location.The installer shall keep their records of continuing education for the current renewal period
plus the three years before the last renewal.All continuing education records and supporting
documentation must be furnished to the board upon request.
cem ly with any otheF requipemeRt of these Fegulatien5.Said suspensien may be appealed by the heldeF Of
the eeFtificate fallowing the pFevisions E)f seEtien 6.76.140 of these regulatiens and will be held in abeyance
peAdiAg FeselutieR of the appeal-.
(a) The chair ef the certified GGRtFa6tE)F Feview bE)aFd shall Ratify the installeF in WFiting,stating the
shall be peFManently Feveked at the end of ten days following sewice of sueh netice, unless a WFitten
to day peFied.
(b) The diFeeter shall sehedule a special heaping of aR appeal fE)F the iRstaiie.r�h,ith.the rp,rtifiPd rARtrar#Ar
h.,;..d,o
yithiR thiFty days of the . est fee heaFi ,.,
Page 5of10
Feview beaFd:
(6) it shall be unlawful feF an installeF te engage in eenstFuetien, i
sewage system within Masen Geunty dUFiAg the peFied hiS OF heF eenifiEate is Fevelied eF Suspended.
(Ord. No.32-09,§9,4-7-2009)
6.76.100 Certified operation and maintenance specialist requirements.
(1) It shall be unlawful for any person,firm or corporation to engage in operation and maintenance of an on-site
sewage system within Mason County without first obtaining an operation and maintenance certificate from
the department.
(2) Any operation and maintenance inspection required by the department shall be performed by appropriate
personnel as specified in the"Mason County Public Health On-Site Standards."
(3) The requirements for maintenance specialist certification shall include all of the following:
(a) Presentation to the director of evidence showing a minimum of one year experience working with a
certified maintenance specialist,working as a licensed designer or some other experience that can be
demonstrated to the director as providing knowledge and skills equivalent to having worked with a
certified maintenance specialist or as a licensed designer for a minimum of one year.
(b) Prior to issuance of a certificate,the director shall require written examination of the applicant's
knowledge of on-site sewage system principals and the rules, regulations, laws, and ordinances
affecting the public health and safety with respect to on-site sewage systems.
(c) The operation and maintenance specialist shall demonstrate to the director attendance of training in
on-site wastewater treatment operation and maintenance at the northwest on-site wastewater
training center or the equivalent.
(d) The initial certificate fee shall be in accordance with the adopted fee schedule.At the end of each
calendar year,all certificates shall expire.Certificates may be renewed for a fee established by the
adopted fee schedule.A maintenance specialist's certificate shall not be transferable.
(e) The operation and maintenance specialist shall accumulate twenty-four professional development
hours for any three year period.
(f) The operation and maintenance specialist is responsible for maintaining records to be used to support
credits claimed. Records should include date of activity, instructor's name,description of activity,
number of contact hours and location.The operation and maintenance specialist shall keep their
records of continuing education for the current renewal period plus the three years before the last
renewal.All continuing education records and supporting documentation must be furnished to Mason
County Public Health upon request.
(4) Copies of all maintenance reports,as prescribed by the health officer,shall be submitted to the Mason
County Public Health monthly_emeept as neted i „hseetien(6)„f this<..e
(5) A copy of the maintenance report,as prescribed by the health officer,shall be given to the homeowner at
the time of service.
tW8 WeFI(ing days,neRfunetieRing en site eempenents that eeUld Fesult in humaR centaet with sewage
Page 6 of 10
usingthe eauld Fesult in furtheic system dannage,failIJFe tE)FePE)Ft tG the depaFtFAeRt within twenty weirking days
misFepresentatien.Said suspensiep way be appealed by the heldeF ef the certificate following the PFI)VISIGIRS
of seEtien 6.76.140 of these FegulatiGIRS and will be held in abeyance pending Feselution of the appeal.
(7) A maintenance specialist's eeFtifieate shall be revoked by the ceFtified EzE)RtFaEtGF Feview beaFd fer a period
the fall,,.,'.g p r-e.dure.-
(a) The EhaiF ef the r=ertified CORtFaGtGF Feview b6aFd shall notify the maintenance specialist in wFiting,
advising that the eeFtifieate shall be peFFAaReAtly Fevelked at the end of ten days fellewing service ef
..italleF's Ee Ftifi Eate within the tea .day p afl
(b) The d;FeGtOF shall schedule a special heaFing of an appeal foF the maintenance specialist with the
rtifip d at. .-tareview ha F d within thirty days of the st fa.he
(8) Any eperatien and maintenaREe 5peeialist whose ceFtificate has been revoked will be FeqUiFed te take thp
(9) it shall be UnlaWfUl fE)F an epei:atiOR and �naintenance specialist te engage in any on site&nspections V4#hiR
(Ord. No. 32-09, § 10,4-7-2009)
G 76 110 Giartifiorl rantractigr review he area
(1) The diFeGtE)F shall establish and Maintain a reviev.;bE)aFd called the ceFtified centracte-In revie,OV h-pard
(2) The review bE)aFd shall Fneet as needed E)F as deteFMined by the health affieeF te evaluate the peFfGFFqance
of all EeFtified Mason Geunty pumpers,installeFS,and epeFatiR_R -RR. d- Maintenance specialists te deteFF:AiRe
(3) The review board shall aEt URdeF by laws adopted by the be@Fd. Cepies ef said daeument shall be kept on file
(Ord. No. 32-09, § 11, 4-7-2009)
6.76.120 On-site sewage advisory committee.
(1) The director shall establish and maintain an advisory committee called the on-site sewage advisory
committee.
(2) The advisory committee shall meet a minimum of once each year to evaluate department policies and
procedures pertaining to the on-site sewage program, "Mason County Public Health Standards" and all
relevant local ordinances and codes.The committee will present findings and make recommendations to the
director and the board of health.
(3) The advisory committee shall act under by-laws adopted by the Board. Copies of said document shall be kept
on file and made available to the public at the Mason County Public Health office.
Page 7 of 10
(Ord. No.32-09,§12,4-7-2009)
6.76.130 Enforcement.
(1) It shall be unlawful to discharge sewage from any on-site sewage system,including septic tank wastes and
greywater to surface water or upon the surface of the ground.
(2) It shall be unlawful to use or maintain a malfunctioning on-site sewage system. Upon the discovery of the
existence of such a system,written notice of violation shall be given to the recorded owner and/or occupant
of the premises. Upon failure to adequately repair and restore the sewage system to proper working order
within the time frame stipulated on the written notice or thereafter amended,the premises may be vacated.
Failure to so vacate shall constitute an additional violation.
(3) No person shall discharge waste products other than domestic sewage into an on-site sewage system(s),
except where it has been adequately demonstrated to the director that the nondomestic waste discharge
would be consistent with the system design,good sanitary waste treatment and disposal practice,and not
cause a water quality violation or violate hazardous waste materials disposal law.
(4) No person shall use and maintain an on-site sewage system except in a manner that is appropriate to the
design of the system.
(5) The director may condemn and issue a Notice of Non-Occupancy,according to law,any residence or other
establishment which is accumulating or disposing of sewage in a manner contrary to the requirements of
these regulations.The Notice of Non-Occupancy shall be served to the owner of the property,either
Personally or by mailing a copy of the notice by regular and certified mail to the owner at his or her last
known address A copy of the Notice shall also be posted on the property where the alleged violation(s)
occurred or is occurring 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 public health No person shall remove or deface any such notice after it is posted until the
required corrective action has been completed and approved.
(6) All violations of these regulations are determined to be unlawful and declared to be detrimental to the public
health, safety and welfare,and are public nuisances.All conditions which render any building,structure,
premises,land use or portion thereof to be used or maintained in violation of these regulations shall be
abated if provisions for their continuance made pursuant to these regulations are not satisfied.
(7) 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 these regulations or by each act of commission or omission
procures,aids or abets such violation, may be assessed a civil penalty not to exceed two hundred fifty dollars
for each day of continuous violation to be directly assessed by the health officer until such violation is
corrected.The per diem penalty shall double for the second separate violation and triple for the third and
subsequent separate violations of the same regulation within any five-year period.
(8) In addition to or as an alternative to any other judicial or administrative remedy provided herein,or by law,
any person who violates these regulations or by each act of commission or omission procures,aids or abets
such violation,shall,upon conviction, be guilty of a misdemeanor. For purposes of these regulations,each
section violated shall constitute a separate and distinct offense,and each day's violation shall constitute a
separate and distinct offense. Penalty,upon conviction,shall be punishable by a fine of not more than five
hundred dollars,or by imprisonment for not more than ninety days,or both such fine and imprisonment.
(9) Suspension of Certificate
(a)
&Pe:k4istA certificate may be suspended after a hearing between the health officer and certificate
s
holder,t4a-twhen 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
Page 8 of 10
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.
(b) 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).
(c) 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.
(d) If the health officer suspends a certificate,the holder shall not proceed with any further work in
connection with the activity covered by the certificate.
(e) The certificate holder shall be notified by certified mail of suspension of the certificate upon
determination of a finding that a violation has occurred requiring suspension.
(10) Revocation of Certificate
(a) A certificate 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 shall be found grossly incompetent of negligent,or to have made fraudulent
misrepresentations in making application for a certificate or for a permit to install an on-site sewage
system,or should the bond or insurance required herein be canceled.
(b) 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).
(c) The third notice of violation issued within any 12-month period shall be considered as repeated
violations and result in certificate revocation
(d) If the board of health revokes a certificate,the holder shall not proceed with any further work in
connection with the activity covered by the certificate.
(e) The certificate holder shall be notified by certified mail of revocation of the certificate upon
determination of a finding that a violation has occurred requiring revocation.
(f) 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.
(Ord. No. 32-09, §13,4-7-2009)
6.76.140 Appeals.
(1) Decisions of the diFeet9F health officer pertaining to the certification of pumpers, installers and operation
and maintenance specialists may be appealed to the-board of health within 15 working days of the decision
which is being disputed .
(2) All other decisions of the director may be appealed to the health officer.Appeals must be made in writing to
the director within ten working days of the decision which is being disputed.A hearing date shall be
scheduled with the health officer to be held within thirty days of said decision being appealed.
(3) Determinations of the health officer may be appealed to the hearings examiner.Appeals must be made in
writing to the director within ten working days of the decision which is being disputed.A hearing date shall
be scheduled with the board for their next regular meeting.
Page 9 of 10
(4) Departmental orders and determinations shall be stayed for the period the appeal is pending, provided no
surfacing sewage or public health hazard results from said stay.
(5) Any variations from these regulations resulting in requirements less stringent than those found in Chapter
246-272A WAC shall have concurrence from the Washington State Department of Health.
(6) Administrative hearings shall be conducted in accordance with Mason County Office of Environmental Health
Variance and Appeal Procedure.Copies of said document shall be maintained and made available to the
public at the Mason County Public Health office.
(Ord. No. 32-09,§14,4-7-2009)
6.76.150 Waivers.
(1) The health officer may Brant a waiver from specific requirements within this chapter if:
(a) The waiver request is evaluated by the local health officer or delegated county staff on an individual,
site by site basis.
(b) The standards 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 Washington State
Department of Health approval.
(c) The waiver is submitted with any corresponding mitigation measure(s)to assure that the public health
and water quality protection,at least equal to that established by these rules,is provided.
(d) The waiver is submitted with all necessary forms provided by the department and applicable review
feels)according to the current Environmental Health Fee Schedule.
(e) The local health officer determines that the waiver is consistent with the standards in,and the intent of,
the rules of this chapter and chapter 246-272A WAC.
Page 10 of 10
To: Mason County Board of County Commissioners
From: Alex Paysse, Environmental Health Manager
Date: November 9th, 2021
Item: Updates to Mason County Code Chapter 6.76 Onsite Sewage Systems.
See attached draft changes.
Background
RCW 70.05.060 directs the local board of health to enact local rules and regulations as are
necessary in order to preserve, promote, and improve public health and provide for the
enforcement thereof. Chapter 6.76 was implemented in 2009 due to increasing changes in
state codes and requirements surrounding the administration and oversight of onsite sewage
systems. Since 2009, staff has found various gaps between state and local codes. In addition,
time and experience have prompted changes in processing of permits, code enforcement
cases, and certification of contractors. The proposed amendments were compiled by staff and
presented to the Onsite Sewage Advisory Committee on July 13th, 2021. After discussion, the
committee members voted unanimously to approve recommendations to adopt the proposed
code amendments. See timeline below for more information on steps taken and status.
Purpose
The purpose of chapter 6.76 are to assure protection of public health by:
1. Minimizing the public health effects of on-site sewage systems on surface water and
groundwater.
2. Minimizing the potential for public exposure to sewage.
3. Establishing design, installation, and management requirements for on-site sewage
systems to accommodate effective treatment and disposal of sewage on a long-term
basis.
4. Require a known level of treatment for sewage disposed in Mason County.
5. Enhance protection of environmentally sensitive areas within Mason County.
Summary of changes
6.76.040 Definitions.
• Addition of"Pit Toilets" to list of definitions. More information within 6.76.065
6.76.060 Minimum standards and adoption by reference.
• Adds adoption and reference to building permit policies originally approved by Board of
Health in 1996.
• Adds support to health officers ability to restrict permit time of validity or time to install to
one year on failing sewage components. Staff has found providing a 3-year time frame
on repair of failing components sends a confusing message to applicants. Many times
these repair/replacement permits are in response to surfacing sewage situations that
can or are affecting public health. Staff already restrict permit timelines based on state
code allowances, however adding the proposed language provides more clarity to
applicants on current practices.
6.76.065 Adequate sewage disposal required. (added section)
• Clarifies requirements for adequate and approved sewage disposal throughout Mason
County. Addition of this section will assist with code enforcement efforts on varying
situations related to surfacing sewage and water pollution.
• Washington State provides recommended standards and guidance on permitting a Pit
Toilet. Staff has concerns with use of such system due to the amount of surface water,
streams, wetlands, and shellfish harvest area within Mason County. Requirements of
increased soil depth and surface water setbacks already eliminates a big portion of
Mason County. Recommendation is to prohibit use of such system in all of Mason
County.
6.76.070— Operation and maintenance of on-site sewage system
• Reference to use of management service (currently OnlineRME) in reporting inspections
of an Onsite Sewage System.
• Revises requirements around property sales and onsite sewage system maintenance.
Previously code allowed a pumping to satisfy a property sale. Staff have received
complaints from the public, realtors, and septic contractors around pumpers not
satisfying a complete inspection of all septic components. Current proposed
amendments to WAC 246-272A include requiring an inspection from an operations and
maintenance specialist. Lack of a complete inspection has resulted in purchases of
systems with failing components unknown to the purchaser. Requiring an inspection by
an O/M Specialist (inspector) would resolve these concerns. Proposal will simplify
property sale requirements throughout the county, provide more information to buyers,
and align with future probable state code requirements.
• Adds requirements for an up-to-date service inspection prior to additional development
permitting. This requirement has been in place since 1996 when Board of Health
adopted the building permit policies. Adding to code, helps with transparency to
applicants and provides legal backing to disputes or appeals. Overall intent behind
requiring an inspection is to be sure additional development is not being permitted on
failing sewage components.
6.76.080 Certified pumper requirements.
• Removes administrative enforcement on certified pumpers by Contractor Review Board,
replaced by updated text under section 6.76.130. See also changes to 6.76.110
6.76.080 Certified installer requirements.
• Removes administrative enforcement on certified pumpers by Contractor Review Board,
replaced by updated text under section 6.76.130. See also changes to 6.76.110
6.76.080 Certified operation and maintenance specialist requirements.
• Removes administrative enforcement on certified pumpers by Contractor Review Board,
replaced by updated text under section 6.76.130. See also changes to 6.76.110
6.76.110 Certified contractor review board.
• Removes contractor review board. This board would be used to oversee the
administrative enforcement actions on a certified contractor. However, this board has
been inactive for many years due to lack of work. Most contractor complaints reach
resolution without needs of a dedicated board. Maintaining a board with little work is not
efficient use of staff time or the members serving. Recommend replacing contractor
board with board of health. In the event enforcement actions or hearings are necessary,
BOH can be utilized. See added sections under 6.76.130.
6.76.130 Enforcement.
• Adds supporting language to the condemnation of an establishment for lack of proper
sewage disposal. Staff currently utilizes the existing language, but find it lacks some
clarification. Sheriffs' office and the public has requested more clarifying information on
how this condemnation is being interpreted by health dept. staff. Also adds language on
how the county shall issue and serve these notices to provide uniformity.
• Adds language around suspension and revocation of a certified contractor. Much of this
language is already in place under the specified professional sections, this is a
reorganization of existing requirements and replacement of the contractor review board
with health officer and board of health.
6.76.140 Appeals.
• Small adjustment to language around contractor review board, replaces with board of
health and adds time period to appeal similar to surrounding counties and other Title 6
chapters.
6.76.150 Waivers. (Added section)
• Waiver of regulations are allowed under state code WAC 246-272A. Mason County
regularly approves waivers to state and local code in the onsite sewage program,
however there is no local code that addresses this program function. These waivers can
become important for various development requests. Staff recommends addition of this
section to provide legal backing to current practices and align with other chapters under
Title 6.
Recommendations
Mason County Board of Health, Dept. of Health, and the Sewage Advisory Committee
completed their review and approval of the proposed amendments. If no changes are
requested, staff recommends adoption of proposed amendments.
Approval to formalize draft proposal by BOCC May 3, 2021, DONE
Review&Approval by Onsite Sewage Advisory Committee July 13, 2021, DONE
Initial Review by Board of Health July 27, 2021, DONE
Review/Approval by State Dept. of Health Sept. 8, 2021, DONE
Review/Approval by Board of Health Sept. 28, 2021, DONE
Review/Approval by BOCC to set Public Hearing October 12, 2021, DONE
Public Hearing and Adoption November 9, 2021
Effective Date January 1, 2022