HomeMy WebLinkAbout06 0719 07 Health Board
JEFFERSON COUNTY BOARD OF HEALTH
ORDINANCE NUMBER 06-0719-07
(Repeals and Replaces Ordinance 08-0921-00)
Jefferson County
8.15 ON-SITE SEWAGE CODE
JC Code 8.15 adopted 7-19- 2007
SOH Ordinance No, 06-0719-07
page 1 of 44
SECTION
8.15.010
8.15.020
8.15.030
8.15.040
8.15.050
8.15.060
8.15.070
8.15.080
8.15.090
8.15.095
8.15.100
8.15.105
8.15.110
8.15.120
8.15.130
8.15.140
8.15.150
8.15.165
8.15.170
8.15.180
8.15.190
8.15.200
8.15.210
8.15.220
Jefferson County
8.15 ON-SITE SEWAGE CODE
TABLE OF CONTENTS
TITLE PAGE
Authority/Scope 1
Purpose 1
Adoption by Reference 1
Administration 1
Definitions 1
Adequate Sewage Disposal Required 8
No Discharge to Water or Ground Surface 8
On-site Sewage System Permit 8
Design 11
Commercial On-site Sewage Disposal Systems 13
Community On-site Sewage Disposal Systems 14
Subdivision Requirements 14
Inspection 16
Sewage System Installer 18
Septic Tank Pumpers 20
Operation and Maintenance Specialist 22
Operation, Maintenance and Monitoring 24
Waiver of State or Local Regulations 26
AppeaVHearing 27
Enforcement/Penalty 30
Severability 40
Fees 41
Effective Date 41
Conflict 41
Table 1 42
JC Code 8.15 adopted 7-19- 2007
SOH Ordinance No. 06-0719-07
page 2 of 44
Jefferson County Septic Code
8.15
JCC 8.15.010
AUTHORITY/SCOPE
Pursuant to RCW 70.05 and RCW 43.20, the Jefferson County Board of Health is
charged with the duty of protecting the public health and safety of all inhabitants of
Jefferson County, and enacting such rules and regulations as are necessary in order to
carry out these responsibilities and provide for the enforcement thereof. The provisions
of this regulation shall apply to all territory within the boundaries of Jefferson County.
JCC 8.15.020
PURPOSE
The purpose of these regulations is to assure protection of public health by:
(1) Minimizing the public health effects of on-site sewage systems on surface water
and ground water;
(2) Minimizing the potential for public exposure to sewage;
(3) Establishing design, installation and management requirements for on-site
sewage systems to accommodate long-term treatment and disposal of sewage;
(4) Enhancing protection of environmentally sensitive areas within Jefferson County;
and
(5) Compliance with the intent of Chapter 246-272A, WAC
JCC 8.15.030
ADOPTION BY REFERENCE
Washington Administrative Code Chapter, 246-272A On-site Sewage Systems Rules
and Regulations of the State Board of Health, as now or hereafter amended, is hereby
adopted by reference as Rules and Regulations of the Jefferson County Board of
Health.
JCC 8.15.040
ADMINISTRATION
The Jefferson County Environmental Health Director, through authority delegated by the
Jefferson County Board of Health and the Jefferson County Health Officer shall
administer these regulations. Fees may be charged for this administration.
JCC 8.15.050
DEFINITIONS
In addition to those definitions set forth in WAC Chapter 246-272A the following
definitions shall also apply in this regulation:
Accessory Dwelling Unit: An additional dwelling unit either in or added to an existing
single-family detached dwelling, or in a separate accessory structure on the same lot as
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SOH Ordinance No. 06-0719-07
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the main structure, for use as a complete, independent living facility with provisions
within the accessory dwelling unit for cooking, eating, sanitation, and sleeping. Such a
dwelling shall be considered an accessory use of the main dwelling and be clearly
subordinate to the main dwelling.
Certification: A certificate granted by the Health Officer permitting a person to practice
in the field of sewage disposal as an Operation and Monitoring Specialist, Installer, or
Pumper of onsite sewage systems.
Chain of Custody: A procedure to ensure that samples have been in the possession
of, or secured by, an authorized person at all times from sample collection to receipt by
the laboratory. The procedure includes:
1. Obtaining the sample by Health Officer or designee with owner or owner
representative present.
2. Assignment of sample ID number.
3. Labeling/tagging the sample container with assigned number and location taken.
4. Documentation by authorized sampler of date and location of samples taken.
5. Delivery by secured means to the certified laboratory.
Community On-site Sewage System: Anyon-site sewage system designed to serve
two (2) or more independent stand-alone dwelling units with design flows of up to 3,500
gallons per day. An OSS serving only one single-family residence plus one accessory
dwelling unit is not considered a community on-site sewage system.
Commercial On-site Sewage System: Any nonresidential or combined
residential/nonresidential on-site sewage system with a design flow of up to 3,500
gallons per day.
Department: The Washington State Department of Health
Design: An on-site sewage disposal system design shall consist of a complete scale
drawing of the site plan showing the proposed sewage disposal system, including all
relevant details as specified herein and in WAC 246-272A and Jefferson County
Policies. The design shall use the format and forms provided or approved by JCPH.
Proper identification and location of soil logs and drainfield components at the site are
considered to be part of the design.
Designer: An individual authorized by the Washington State Department of Licensing
to perform design services for on-site wastewater treatment system pursuant to 18.210
RCW. Throughout this chapter this term applies to both on-site sewage treatment
system designers licensed under chapter 18.210 RCW and professional engineers
licensed under chapter 18.43 RCW.
Dwelling Unit: A unit providing complete independent living facilities for one or more
persons, including permanent provisions for living, sleeping, eating, cooking and
sanitation.
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SOH Ordinance No. 06-0719-07
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Education Contact Hours: Contact participation in an organized educational
experience led or facilitated by qualified sponsorship, capable of direction and qualified
instruction. Courses must be approved by the Health Officer or designee and be
sources of expanded knowledge pertaining to on-site sewage treatment and disposal. A
copy of the agenda or syllabus showing date, time, subject matter, presenter, sponsor
and evidence of actual participation must be presented at the time of certification
renewal. This evidence could be in the form of a certificate of completion, a receipt or a
copy of the attendance roster of the training event.
Environmentally Sensitive Areas: Means geologically hazardous areas, frequently
flooded areas, critical aquifer recharge areas, wetlands, and fish and wildlife habitat
areas, all as defined through WAC 356-190 as "critical areas" and regulated in Jefferson
County Chapter 18.15 as adopted or hereinafter amended.
Evaluation of Existing System: A monitoring inspection of an OSS containing the
information specified on forms approved by JCPH.
Expansion: A change in a residence, facility, site or use that:
1. Causes an on-site sewage system to exceed its existing treatment or disposal
capability: for example, when a residence is increased from two to three
bedrooms or there is a change in use of the residence, or a change in use from
an office to a restaurant; or
2. Reduces the treatment or disposal capability of the existing on-site sewage
system or the reserve area: for example, when a building is placed over a
reserve area.
Failure: A condition of an on-site sewage system that threatens the public health by
inadequately treating sewage or by creating a potential for direct or indirect contact
between sewage and the public. Examples of failure include, but are not limited to:
1. Sewage on the surface of the ground;
2. Sewage backing up into a structure caused by slow soil absorption of septic tank
effluent;
3. Sewage leaking from a septic tank, pump chamber, holding tank, septic system
component other than the drainfield, or collection system;
4. Cesspools or seepage pits where evidence of ground water or surface water
quality degradation exists;
5. Inadequately treated effluent contaminating ground water or surface water, as
demonstrated through 1) a positive tracing dye result; and 2) a coliform count of
at least 500 organisms per 100mL of water; or 3) the presence of the disposal
component of the on-site sewage system located in ground water; or
6. Noncompliance with conditions stipulated on the OSS permit.
Fees: Charges as hereinafter authorized by the Jefferson County Board of
Commissioners or the Jefferson County Board of Health for issuing permits, processing
records, making inspections as found necessary, administrative processes, and
certifying individuals in the practice of installing, pumping or maintaining/monitoring on-
site sewage systems.
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SOH Ordinance No. 06-0719-07
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Gray water: means sewage from bathtubs, showers, bathroom sinks, washing
machines, dishwashers, and kitchen sinks. It includes sewage from any source in a
residence or structure that has not come into contact with toilet wastes.
Health Officer: The local Health Officer of Jefferson County Public Health, or a
representative authorized by and under the direct supervision of the local Health Officer,
as defined in chapter 70.05 RCW.
Installer: An individual who has passed the Jefferson County installer's exam, holds a
current bond and insurance as specified in JCC 8.15.120, personally holds an Installer's
Certificate and directly supervises the installation and/or repair of an on-site sewage
disposal system in Jefferson County.
JCPH: Jefferson County Public Health
Modification: Alteration of an existing on-site sewage component that does not result in
an increase of the capacity of the system.
Notice of Violation: Written determination that an element or section of these rules
and regulations has not been complied with.
On-site Sewage System (OSS): An integrated system of components, located on or
nearby the property it serves, that conveys, stores, treats, and/or provides subsurface
soil treatment and dispersal of sewage. It consists of a collection system, a treatment
component or treatment sequence, a soil dispersal component, and a reserve area. An
on-site sewage system also refers to a holding tank sewage system or other system
that does not have a soil dispersal component. This includes systems previously
defined as:
1. Conventional: systems consisting solely of a septic tank and a gravity SSAS, or
those including a pump to a gravity SSAS.
2. Alternative: all systems not defined as conventional, such as pressurized, public
domain treatment devices and proprietary products.
Operation and Monitoring Specialist: An individual with training, skill, and experience
in the maintenance, monitoring, and operation of OSS and who is certified by JCPH to
inspect and monitor the performance of an OSS.
Pre-occupancy Inspection: Any inspection/s of the OSS that are required before a
certificate of occupancy can be issued.
Probation: A penalty period where the individual committing the violation shall be
subject to additional review, reporting and/or inspection.
Proprietary product: A sewage treatment or distribution technology, method, or
material subject to a patent or a trademark.
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SOH Ordinance No, 06-0719-07
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Pumper: An individual approved and granted a Certificate to operate by the Health
Officer to remove and transport wastewater or septage from septic tanks, pump
chambers and portable toilets. Said individuals may repair baffles within the septic tank,
install or repair risers on septic tanks or pump chambers, vacuum and hydro-jet
systems, and install outlet baffle filters in a septic tank.
Record Drawing: A accurate graphic and written record of the location and features of
the OSS that are needed to properly monitor, operate, and maintain that system.
Repair: The reconstruction, relocation, or replacement of any portion of a failed or sub-
standard on-site sewage system. This includes actions proposed to impact the soils
surrounding the disposal component to increase the dispersal of effluent or remediate
clogged soil surfaces.
Resident Owner: A person who owns and occupies, or intends to occupy, a property.
Residential Sewage: Sewage having the constituency and strength typical of
wastewater from domestic households not containing chemicals or other waste
components atypical of a residential source.
Revocation: The termination of all the rights and privileges associated with a
certification.
Scale bar: The graphic representation by which distances can be measured.
Scum: Lighter solids, such as fats and grease that rise to the top of a septic tank,
holding tank or pump chamber.
Septage: The mixture of solid wastes, scum, sludge, and liquids pumped from within
septic tanks, holding tanks, pump chambers, and other OSS components or removed
from grease traps.
Septic Tank: A watertight treatment receptacle receiving the discharge of sewage from
a building sewer or sewers, designed and constructed to permit separation of settleable
and floating solids from the liquid, detention and anaerobic digestion of the organic
matter, prior to discharge of the liquid.
Sewage Disposal Permit: A written permit, including conditions of approval, issued by
the Health Officer or designee granting permission for the installation, modification,
expansion, or repair of an on-site sewage system.
Site Installer: An individual that has passed the installer's exam and maintains an
annual Certificate, but is working under the direction, insurance and bond of a Certified
Installer.
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SOH Ordinance No. 06-0719-07
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Sludge: Heavy solids that settle to the bottom of a septic tank, holding tank or pump
chamber.
Soil Log: A detailed description of soil characteristics providing information on the
soil's capacity to act as an acceptable treatment and disposal medium for sewage. It
includes the excavation as described in WAC 246-272A-0220(3).
SSAS: Subsurface soil absorption system, as defined in WAC 246-272A-001 0(2).
Suspension: The temporary termination of all rights and privileges associated with a
certification.
Violation: A failure to comply with the provisions of applicable laws, rules or
regulations including, but not limited to instances or cases when:
1. A Designer submits a permit application or an record drawing of an on-site
sewage disposal system which contains any significant deviation below the
minimum requirements for siting or sizing of on-site waste water treatment.
2. An individual designs or installs an on-site sewage system that is not in
accordance with the applicable regulations, or is not fitting the size, shape or
topography of the site, within setbacks, as specified in the WAC Chapter 246-
272A; specification or approval of inadequate construction material, devices or
methods.
3. A system is not installed in accordance with the approved permit.
4. Installer fails to notify the designer and/or JCPH when site conditions have
changed making installation of the approved permitted system impossible or
impractical.
5. A pumper disposes of wastewater or septage at an unapproved disposal site;
6. A designer fails to submit record drawing plans as specified in chapter
8.15.110(4).
7. An authorized person fails to submit required reports to JCPH as specified in the
conditions of the on-site sewage disposal permit or in this chapter.
8. A Certificate holder fails to pay fees as specified by Jefferson County Ordinance.
9. A person holding a Certificate or license to install, pump or monitor an OSS fails
to report to JCPH within 24 hours any nonfunctioning on-site components that
could result in human contact with sewage effluent.
10.An owner fails to complete required 0 & M inspections, comply with the 0 & M
schedule in TABLE 1 and/or submit the reports to JCPH or the approved entity.
11. An owner fails to comply with conditions of the on-site sewage permit.
WAC: Washington Administrative Code
JC Code 8,15 adopted 7-19- 2007
SOH Ordinance No, 06-0719-07
page 8 of 44
JCC 8.15.060
ADEQUATE SEWAGE DISPOSAL REQUIRED
(1) Every residence, place of business, or other building or place where people
congregate, reside or are employed shall be connected to an approved public sewer.
If no public sewer is available, the building sewer shall be connected to an on-site
sewage system approved by the Health Officer. Said sewage disposal system shall
be built or rebuilt, constructed and maintained in such manner as to meet the
requirements as prescribed by the Health Officer in accordance with minimum
requirements and standards of WAC 246-272A and this code. Such system may
include the use of waterless toilet devices in conjunction with an approved gray
water system or other proprietary products approved by Washington State
Department of Health.
(2) Any unit/facility with the potential to generate waste water by virtue of being
equipped with a toilet, sink, shower or other plumbing fixture shall be connected to
an approved public sewer or shall be connected to an on-site sewage system
approved by the Health Officer.
(3) Any new or replacement residence or commercial structure, or any expansion, as
that term is defined in Section 8.15.050 of this Code, may be connected to a pre-
existing on-site sewage system only when the pre-existing system has hydraulic
capacity, sufficient vertical and horizontal separation, an adequate reserve area and
satisfies all other requirements to be in compliance with current code.
JCC 8.15.070
NO DISCHARGE TO WATER OR GROUND SURFACE
Effluent from anyon-site sewage disposal system shall not be discharged directly or
indirectly to surface water or upon the surface of the ground, except where expressly
permitted by JCPH or by the Washington State Department of Ecology.
JCC 8.15.080
ON-SITE SEWAGE SYSTEM PERMIT
(1) No person shall install or cause to be installed a new on-site sewage system, nor
perform any modification, extension, repair, relocation or connection to an existing
on-site sewage system without a valid permit issued by the Health Officer.
(2) When applying for a permit to install an on-site sewage system, a detailed to-scale
construction plan of the proposed system and site is required and shall include all
items identified herein. Each application shall contain the information required
herein, and those items identified on the Septic Permit Application form as a
minimum.
(3) The minimum land area required for approval of an OSS permit shall be determined
by either Method 1 or Method 2 analysis as established in WAC 246-272A.
Applications shall be reviewed in accordance with Jefferson County Policy 97-2
adopted by the Board of Health as amended or replaced.
(4) Where more than one lot is required to meet minimum land area requirements for
issuance of a permit, a Declaration of Restrictive Covenant shall be recorded binding
together, at a minimum, the lots required to meet the minimum land area
JC Code 8.15 adopted 7-19- 2007
SOH Ordinance No, 06-0719-07
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requirements. Any remaining lots not included in the Declaration of Restrictive
Covenant must either meet minimum land area requirements or have a notice
recorded to the title stating that the lots do not meet minimum land area
requirements for a septic system and that the lots are not eligible for a waiver under
Jefferson County Policy 97-2 or as amended or replaced.
(5) Permits are transferable with property ownership.
(6) Any sewage disposal permit issued under this section shall be valid for a period of
three(3) years from the date of issuance.
a. The permit may remain valid if the property for which the permit has been
issued also has an active building permit for a structure that will be connected
to the on-site sewage system.
b. If the system is not installed before the permit expires, a new permit may be
applied for, based on standards in effect at the date of the new application.
Information as specified in JCC 8.15.090 shall be submitted with any new
application.
(7) Repair permit. Repair permits shall expire ninety (90) days from the date of issue.
Repair permits may be renewed for an additional ninety (90) days if the Health
Officer determines it is warranted.
(8) The Health Officer may revoke or deny a permit for due cause. Examples include,
but are not limited to:
a. Development or continued use of an OSS that threatens the public health;
b. Misrepresentation or inaccuracy in the construction plan or the permit
application whether intended or accidental, shall be considered as grounds
for invalidating and voiding any application or permit issued under this
section. The applicant or their authorized agent is responsible for the
accurate representation of all information presented to the Health Officer;
c. Failure to meet conditions of the permit or the regulations; or
d. Changes or alterations to the site such as grading, filling, clearing, or burning
operations.
(9) Jefferson County Public Health shall have neither an obligation nor the power to
reduce the requirements to accommodate a Designer or Installer's error.
(10) For anyon-site sewage system proposed to serve a structure requiring a flood
control zone permit under the provisions of chapter 86.16 RCW and chapter 508-
60 WAC, or requiring a flood plain certification by Jefferson County under the
provision of the Flood Damage Prevention Ordinance, the OSS installation permit
shall not be issued until a flood control zone permit or flood plain certification has
been issued in accordance with Jefferson County Ordinance 18-1120-95 or
subsequent amendments. An OSS installation permit shall comply with the
standards in said ordinance.
(11) On-site sewage disposal permits shall comply with regulations and policies
established in the Jefferson County Comprehensive Plan, Jefferson County Zoning
Code, Critical Areas Ordinance, The Jefferson County Shoreline Master Plan and
any other duly adopted land use regulations of Jefferson County, the City of Port
Townsend in the case of lands within the city, or the State of Washington.
(12) Any pending and all future permits and approvals by the JCPH for the subject
property shall be withheld when written notice of noncompliance with Jefferson
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County and other applicable codes has been provided to the property owner.
Permits and applications shall be released only upon satisfactory remedy of the
non-complying action or activity.
(13) No on-site sewage system permit shall be issued for industrial, chemical or
hazardous waste disposal.
(14) A soil log report shall be provided on a health department approved form by the
individual who performed the soil evaluation. The report shall identify the date the
soil observations were made and the name of the individual who logged the soils
for the report. Soils evaluation shall be completed by a Designer or Professional
Engineer licensed in the state of Washington, soil scientist licensed in the state of
Washington, the local health officer or designee.
(15) Uniform soil testing procedures shall be as described under WAC246-272A-0220
and be used in addition to the following procedures:
a. A minimum of 2 soil logs shall be dug in each, the proposed primary area and
the proposed reserve area of sufficient size and depth to accurately
determine site suitability for on-site sewage disposal;
b. The Health Officer or designee may require additional soil logs or such further
testing as is necessary to determine the adequacy of a site for on-site sewage
disposal.
c. Where sieve analysis tests are required they shall be completed by a certified
lab and chain of custody requirements shall be followed.
(16) It shall be the responsibility of the owner or owner's authorized representative to
fill/cover the holes provided for evaluation of the soils for an installation permit or
subdivision review within ten (10) days following notification that the inspection by
the Health Officer is complete. The property owner shall be notified in writing when
the inspection has been completed.
(17) Any OSS not located entirely on the property originating the sewage must be
secured by appropriate easements and/or covenant recorded with the Jefferson
County Auditors Office prior to issuance of the permit unless specifically waived by
the health officer. In all cases the easement or covenant shall be secured and
recorded prior to final approval of the system installation.
(18) Pending on-site sewage disposal permit applications.
a. Applications for which no decision has been issued within twelve (12) months
following the date of application, due to a lack of action by the applicant, and
after receipt of written notice of pending expiration, shall expire by limitation.
b. The Health Officer may extend the time for action by the applicant for a period
not to exceed 180 days upon written request by the applicant showing that
circumstances beyond the control of the applicant have prevented action from
being taken. No application shall be extended more than once.
c. In order to renew action on an application after expiration, the applicant shall
resubmit the application and plans, pay current application fees and meet
current rules and regulations.
d. The applicant shall be provided a 60-day notice by certified mail of the
pending expiration of a permit application.
e. The statement "Voided - Lack of Action" shall be entered on the record for an
expired pending permit application.
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f. Plans and other data submitted for review shall thereafter be retained as per
the Jefferson County Records Retention Schedule.
JCC 8.15.090
DESIGN
(1) All on-site sewage disposal systems shall be designed in accordance with these
rules, and the criteria in WAC 246-272A, by the local Health Officer, by an on-site
sewage system designer licensed by the Washington State Department of Licensing
to perform design work pursuant to chapter 18.120 RCW or by a licensed engineer
pursuant to RCW 18.43 RCW.
(2) Permits shall be issued for wastewater meeting domestic waste strength criteria as
defined in the "Design Manual: On-site wastewater Treatment and Disposal
Systems," United States Environmental Protection Agency, EPA-625/1-80-012 and
EPA-625/R-00/008 except where modified by, or in conflict with WAC246-272A or
this code. Pretreatment shall be required for non-residential/high- strength waste
streams.
(3) Sewage system sizing criteria shall comply with the standards in WAC246-272A.
a. The number of bedrooms shall include all rooms labeled as bedrooms and
any additional heated rooms not labeled as bathrooms, kitchen, living room
and dining room, utility room and one bonus room except that the sewage
system design may be for fewer than determined above if a covenant
provided by the health officer and signed by the property owner is filed and
recorded with the Jefferson County Auditor, so as to be discovered during a
title search, which declares the maximum capacity in bedrooms of the
sewage system.
b. In no case shall the septic system be sized for fewer bedrooms than the
number of rooms labeled as bedrooms or sleeping rooms such as guest room
or bunk room.
c. The minimum design flow for any dwelling unit is 240 gallons per day.
(4) Reserve Area. As a minimum an area equal to that required for a 100% replacement
or repair, completely separate from the primary area, and shown dimensioned on the
site plan.
(5) Permit Application Submittal shall include the following items. Each page shall
contain a header with the name and address of the property owner, and the address or
parcel number of the property.
a. One copy of the JCPH "Septic Permit Application Form" providing all
identified information. This form shall have the signature of the property
owner or authorized representative as provided in writing.
b. Three copies of the design and construction specifications. One copy shall
have an original stamp and Designer signature with date prepared.
c. One copy of the soil log report submitted on a separate 81/2" X 11" sheet/so
The evaluation shall include the date of evaluation and identify the soil
evaluator.
d. One copy of the calculations and assumptions supporting the proposed
design including all items outlined in JCC8.15.090(7).
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e. One copy of the following information:
i. Directions to the site.
ii. Identification if the parcel is within the boundaries of a sewer utility.
iii. If connecting to a community OSS provide:
1. The name, location and permit number of said system,
2. The name, address and point of contact with the system's
management entity,
3. A Customer Agreement with the management entity that
provides a commitment to serve the parcel.
iv. All easements impacting the OSS or access to the OSS, whether
public or private and whether or not recorded.
v. All Covenants impacting the OSS or access to the OSS, whether
public or private and whether or not recorded.
vi. One copy of any special reports applicable to the project, such as
geotechnical report or wetland delineation.
(6) Design and construction specifications shall include the following items and those
required by WAC 246-272A. This portion of the application shall be no more than 10
pages 11" X 17" unless specifically authorized by the Health Officer. All sheets must
be at least 8 ~" X 11" but not more than 11" X 17".
a. A complete, detailed, and dimensional site plan including:
i. The date of the design, the Designer's seal and the Designer's
signature.
ii. An overall plan that represents the entire parcel to scale and identifying
the location of the system components. A scale bar is required.
iii. A scaled drawing of the area within 100' of the system that is at an
engineering scale not to exceed 1" = 50'. A scale bar is required.
iv. Designated and dimensioned areas for the proposed primary system
and the reserve area.
v. The location of all soil logs and other soil tests for the OSS.
vi. Location of utilities.
vii. General topography and the percent slope of the site within 100' of the
system and reserve areas.
viii. Drainage characteristics.
ix. The location of existing and proposed encumbrances including legal
access documents if any component of the OSS is not on the lot where
the sewage is generated.
x. An arrow indicating north on all site plans.
xi. Location of the essential tightline components of the sewage disposal
system, including all plumbing stub outlets between the building(s) and
septic tank(s), pump chamber(s), siphon chamber(s), tightline between
septic tank or pump chamber and distribution network and all drainfield
lines.
xii. Identify cuts, banks, terraces, foundations, waters of the state, wells,
driveways, waterlines, and surface or subsurface drains within 100' of
the system and reserve.
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xiii. Identify the access route or driveway to the site.
xiv. Clearly indicate scale on each site plan, including a scale bar.
b. Construction specifications.
c. Vertical cross-section drawings showing:
i. The depth of the disposal component from native grade, the vertical
separation, and depth of soil cover;
ii. Septic tank;
iii. Pump tank and its components;
iv. Monitoring and access ports.
(7) Calculations and assumptions supporting the proposed design, including:
a. Soil type
b. Hydraulic loading rate in the disposal component
c. Systems maximum and average daily flow capacity and how determined
d. Source of the sewage including waste strength characteristics
e. Where pumps are included provide friction loss and dynamic head
calculations.
(8) Nothing herein shall preclude the Designer from providing supplemental
information regarding the design directly to the client under separate cover.
(9) The proposed drainfield lateral/bed shall be staked in the field for inspection and
review unless specifically waived by the Health Officer or designee.
(10) Septic tanks shall:
a. Have watertight pumping access ports to ground surface over both
compartments and at the outlet and inlet to facilitate inspection and
maintenance. A homeowner may provide access ports to within 6" of the
surface of the ground provided that a written agreement to uncover them for
required 0 & M inspections has been recorded with the title to the property.
b. Be set on a self-leveling, stable base.
(11) Distribution boxes shall be fitted with risers to grade. Distribution box risers shall
be sized adequately to allow visible inspection of liquid level in the box, shall be
constructed of durable materials and shall be equipped with secure, tightly fitted
lids.
JCC 8.15.095 COMMERCIAL ONSITE SEWAGE SYSTEMS
(1) Commercial onsite sewage systems as defined in this chapter shall be designed
according to the standards contained in WAC 246-272A and this code.
(2) If the ownership is by more than one individual a Management and Operations
Agreement shall be prepared by the applicant, approved by JCPH and recorded to
the property as a covenant.
(3) All individual connections or separate uses within a commercial development shall
be equipped with a water meter or other approved method for monitoring flows to the
onsite sewage system.
(4) All commercial on-site sewage systems shall provide an annual report to JCPH
including the following at a minimum:
a. Number of connections to the system and each connection's design flow.
b. Copies of inspection reports consisting of the items detailed in 8.15.150 (7)
JC Code 8.15 adopted 7-19- 2007
SOH Ordinance No. 06-0719-07
page 14 of 44
completed per TABLE 1 .
c. Records identifying any maintenance completed on the system components.
JCC 8.15.100
COMMUNITY ON-SITE SEWAGE DISPOSAL SYSTEMS
(1) Community on-site sewage systems as defined in this chapter shall be designed in
accordance with WAC 246-272A, this code and the maintenance criteria as set forth
in the current Washington State Department of Health "Design Standards for Large
On-Site Sewage Systems," 1996, and WAC 246-272B or as they may be hereafter
amended.
(2) Management of community on-site sewage systems shall be by an entity approved
by JCPH. If the lots are individually owned the management shall in all cases be
provided by a public entity. A homeowners association is not considered an
approved entity for the management of a community on-site sewage system.
(3) A covenant shall be recorded to the property and shall remain in place for the life of
the on-site sewage system or until the on-site sewage system is no longer needed. It
shall provide the management entity the following items including but not limited to:
a. A legal easement allowing access for construction, operation and
maintenance, and repair of the OSS; and
b. Identification of an adequate financing mechanism to assure the funding of
operation, maintenance, and repair of the OSS.
(4) All lots, parcels, or individual connections to a community system shall be equipped
with a water meter or other approved method for monitoring flows into the system.
(5) Sites proposing community systems shall conform to the minimum land area
requirements of WAC 246-272A.
(6) All community on-site sewage systems shall provide an annual report to JCPH
including the following at a minimum:
a. Number of connections to the system and each connection's design flow.
b. Copies of inspection reports consisting of the items identified on forms
provided or approved by JCPH per 8.15.150 (8) and completed per TABLE 1.
c. Records identifying all maintenance completed on the system components.
8.15.105
SUBDIVSION REQUIREMENTS
(1) A person proposing the development of Subdivisions, Planned Unit Developments,
Binding site plans and other land division shall obtain approval from the Health
Officer, where the use of OSS is proposed, prior to any development.
(2) The proposal shall comply with the standards of WAC 246-272A -0320 and the
Jefferson County Unified Development Code as amended.
(3) Where preliminary approval is requested the following shall be submitted at the time
of application:
a. Applicable fees
b. Preliminary plan of the proposal showing the layout of the lots.
c. A soils report and preliminary plan submitted by a licensed designer or
licensed professional engineer that:
JC Code 8.15 adopted 7-19- 2007
SOH Ordinance No. 06-0719-07
page 15 of 44
i. Shows an area for each proposed lot/segregation that is suitable for
onsite sewage disposal and,
ii. Provides a minimum of 4 test pits, 2' X 4' x 6'deep, 2 in the area of the
primary drainfield and 2 in the area of the reserve. Test pits shall be
flagged with the lot number and,
iii. Identifies the locations of the test pits on the preliminary plan.
d. Soil test pits shall be made available for observation by Health Department
Staff and must be filled in upon completion of review and notification of such
by the Health Department.
e. Statements as to the type of potable water supply.
(4) To obtain Preliminary Approval
a. The Health Department staff shall review the application and perform field
visits.
b. The highest anticipated ground water table elevation shall be determined. The
Health Officer or designee may require an evaluation during the months of
suspected high water table conditions where less than 18" of usable soil is
observed.
c. Lot sizes shall meet minimum area requirements.
d. Soils suitable for the installation of OSS must be identified for each lot.
e. Conceptual or detailed designs may be required by the Health Officer or
designee.
f. An evaluation of all existing onsite sewage systems within the bounds of the
project shall be completed by an entity authorized by the Health Officer or
designee.
g. Where a community system or large onsite sewage system is proposed as
the method of sewage disposal a preliminary layout design of the system
must be submitted to the Health Department as well as a letter from an
approved management entity indicating that they will meet the standards of
JCC8.15.100.
h. For the water supply a Utility Service Review shall be completed.
i. Public water supplies shall be developed consistent with provision of
the Jefferson County Coordinated Water System Plan, Washington
State Department of Health Drinking Water regulations WAC246-290
as amended and Washington State Department of Ecology water
rights provisions RCW 90.03 AND/OR RCW 90.44.
ii. Wells, whether individual or public shall not encumber adjacent
property owner/s and shall be protected by a sanitary control area of a
100 foot radius. If a sanitary control area of a 100' radius cannot be
met, evidence of adjacent property owners written consent shall be
submitted to the Health Department. For existing wells the sanitary
control area shall be established by covenant and portrayed
graphically on the face of the plat.
(5) To obtain Final Approval
a. All conditions of the preliminary approval shall be met
b. The locations of test pits used for the preparation of the soils report shall be
portrayed on the final plat.
JC Code 8.15 adopted 7-19- 2007
SOH Ordinance No, 06-0719-07
page 16 of 44
JCC 8.15.110
INSPECTION
(1) An initial inspection by the Health Officer or designee shall be conducted to verify
soil and site conditions for the proposed design unless expressly waived by the
health officer.
(2) The Health Officer or designee may make inspections during construction to
determine compliance with these regulations.
(3) It shall be the responsibility of the Installer of the system to notify the Designer for
inspections as specified in the design or in permit conditions.
(4) It shall be the responsibility of the Installer of the system to notify the health
department within one working day prior to commencement of system construction,
of the intent to install the system. This shall be done by means of a start card to be
submitted by fax or emailed to a designated address.
(5) Final inspection
a. A pre-cover inspection shall be conducted on all systems by the Designer of
record or other licensed Designer or engineer where that person is taking
responsibility to certify the system installation.
b. For pressurized or proprietary systems-
i. The Designer shall be responsible for all inspections during the
construction of the OSS.
ii. After completion of the system, when the system is fully functional the
Designer shall contact the Health Officer or designee to schedule a
joint inspection of the OSS.
c. The Designer of record or other licensed Designer or engineer where that
person is taking responsibility to certify the system installation shall submit a
record drawing of the system installation including the items specified in this
section.
d. No part of anyon-site sewage system installation shall be put into use until
final approval has been obtained from the Health Officer or designee.
(6) Partial installation may be allowed and shall be subject to all of the following
requirements and limitations:
a. Installation shall take place prior to the expiration date of the permit and;
b. The Health Officer or designee shall be notified of the intent to install the
system as described in this section and;
c. At a minimum the treatment and disposal components shall be installed and;
d. The system shall be vested only for the portions that are installed and;
e. The system shall be subject to review at the time of building permit for a
structure to use the system under 8.15.060(3) and;
f. A report shall be submitted by the designer of record or other licensed
designer or engineer where that person is taking responsibility to certify the
system installation. The report shall provide details on what was installed and
shall be accompanied by a drawing locating the components that were
installed prior to the expiration of the permit.
g. An additional inspection and/or permit, with appropriate fees, may be required
to complete the installation and finalize the system.
(7) Final approval of on-site systems by the Health Officer can be made only after;
a. Satisfactory inspection of the installed system
JC Code 8,15 adopted 7-19- 2007
SOH Ordinance No. 06-0719-07
page 17 of 44
b. Receipt by JCPH of record drawings of the final construction with the
operational settings and installation data report,
c. Receipt of the Homeowner Operations and Monitoring Manual, and
d. Compliance with installation conditions of the permit
(8) If installation or workmanship of the on-site sewage system does not meet the
requirements of this code or conditions of the permit, the Health Officer or
designee shall order corrections and cause a subsequent inspection to be made.
Fees may be charged for subsequent inspections.
(9) Designer inspections. Nothing contained herein shall prohibit the Designer of
record from requiring additional Designer-performed inspections to ensure
compliance with the design and regulations.
(10) Record Drawings:
a. After installation of the sewage disposal system has been completed, a
scaled and dimensional record drawing of the sewage disposal system shall
be prepared by the Designer of the system as specified in JCC 8.15.110 (2)
and (3) on forms provided or approved by JCPH.
b. The record drawing shall include:
i. Information identified on the JCPH "Final Inspection Report" Form as
applicable to the system installed;
ii. Measurements to existing site features enabling the first tank manhole
to be easily located;
Hi. A dimensioned reserve area;
iv. For repaired or altered OSS, the new, repaired or altered components
with their relationship to the existing system;
North direction indicated;
Location of all sewage system components;
Stub outs;
Tightlines;
Pump and/or siphon chamber(s);
D-box(s);
Drainfield lines or bed and fill area(s) when applicable;
Other treatment components - sand filter, proprietary device,
disinfection unit;
Driveway - existing and/or proposed;
Building(s) size, shape and placement;
Water line(s);
Location of utility and/or other easements;
Slope(s) - direction and percent;
Cuts, banks, terraces;
Foundations;
Property lines;
Surface waters, springs, wells;
Additional information as required for systems that are covered by
Washington State Guidelines;
xxiii. Designer's stamp and signature, and date of installation;
xxiv. Other pertinent information.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
xvi.
xvii.
xviii.
xix.
xx.
xxi.
xxii.
JC Code 8.15 adopted 7-19- 2007
SOH Ordinance No. 06-0719-07
page 18 of 44
(11) The Designer shall provide to the property owner:
a. One copy of the Homeowners Operations and Monitoring Manual and,
b. The "record drawing" of the completed system with the operational settings
and installation data.
(12) A Pre-occupancy Inspection prior to occupancy of a residence shall be required if
there were no permanent structures connected to the OSS and the system
requires a pump or siphon or there was not permanent power wired to a
permanent structure connected to the OSS at the time of finalization of the OSS
permit. This inspection may be performed by the Health Department, Designer, or
a Certified Operations and Maintenance Specialist. This inspection shall verify that
conditions are consistent with the final inspection and system settings are the
same. The inspection report shall be submitted on forms provided or approved by
JCPH. Fees shall be charged for inspection.
JCC 8.15.120
SEWAGE SYSTEM INSTALLER
(1) Certificate Required. It shall be unlawful for any person, firm or corporation to
engage in construction, alteration, repair or modification of on-site sewage systems
without first having been issued a Septic System Installer's Certificate by the Health
Officer.
(2) Requirements for Sewage System Installer shall include the following:
a. Application shall be made on forms provided by the Health Officer.
b. Certificate and/or application fees as set forth in the Fee Schedule shall be
payable to JCPH.
c. Written proof showing a minimum of one year experience under the direct
supervision of a Certified Installer, Designer or Operation and Monitoring
Specialist. Completion of classroom training specific to on-site sewage
system installation as approved by JCPH may be substituted for up to six
months of work experience.
d. Such certificate shall be issued only after the applicant has indicated a basic
knowledge of the proper installation and function of a sewage system and
knowledge of the provisions of this chapter and WAC 246-272A by successful
completion of a JCPH examination. If the applicant scores below 70 percent,
a license shall not be granted and the applicant may request to take the next
available examination. Fees for reexamination shall be required.
(3) Renewal of Certificate. Application is required annually for certificate renewal. All
certificate renewal applications, along with the required bond, renewal fee, and
verification of continuing education shall be submitted to the Health Officer no later
than March 1. The Certificate shall not be issued or renewed if the applicant is
found by the Health Officer to be out of compliance or in violation of the provisions of
this chapter.
(4) Lapse of certification for lack of bond, payment of fees or verification of continuing
education shall require completion and passage of the JCPH examination and
provision of items identified.
(5) An Installer's Certificate is not transferable.
(6) An Installer's Certificate grants authority to install anyon-site sewage system
JC Code 8,15 adopted 7-19- 2007
SOH Ordinance No. 06-0719-07
page 19 of 44
approved for use in the State of Washington, EXCEPT in the case of a proprietary
product where a special authorization, in writing, is required by the manufacturer or
patent holder.
(7) A Jefferson County Certified Installer, or Site Installer as defined in JCC 8.15.120
shall be present on the site during all phases of system installation.
(8) Exception. A bona fide resident owner may construct, alter, repair, or modify a
permitted on-site sewage system on his/her own property for his/her own use
without obtaining an Installer's Certificate, PROVIDED:
a. That he/she complies with other terms of this chapter, WAC 246-272A-0250,
AND
b. That he/she installs no more than one (1) system in anyone (1) calendar
year, AND
c. The on-site sewage system is intended to serve the primary residence of the
owner, AND
d. The resident owner does not arrange for, nor contract, nor hire, with or
without reimbursement, any person or concern to perform that work, unless
that person is a Jefferson County Certified Sewage System Installer as set
forth in this section, AND
e. The sewage system is located on the same lot as the residence or situated on
adjoining property controlled by the owner and legally listed as an
encumbrance, AND
f. Prior to beginning installation the Health Officer or designee AND the
Designer are contacted to schedule required inspections, AND
(9) A property owner may not install the OSS and its components, unless specifically
allowed by the Health Officer or designee, if the site meets any of the following
criteria:
i. Has horizontal or vertical separations less than required in WAC 246-
272A;
ii. Receives commercial or industrial wastewater as defined in WAC 246-
272A;
iii. Is permitted as a nonconforming repair;
iv. Has a reduced drainfield size of 50% or less;
v. Is within 200' of surface water, as measured from the ordinary high
water mark;
vi. Is within 200' of a Category I or II wetland;
vii. Is in a 1 OOyr floodplain, as defined by the Federal Emergency
Management Agency;
viii. Is in a Special Aquifer Recharge Protection Areas as defined in JCC
18.15.240 or as amended;
ix. Is in a Marine Recovery Area;
x. Is adjacent to a marine shoreline.
(10) Site Installer. A Certified Sewage System Installer may sponsor a site installer to
be responsible for compliance with WAC 246-272A. The Certified Installer shall
inform the Health Officer of the site installer's name(s) and of any changes in
employment status of sponsored site installers. Site installers must pass the
Installer's exam and maintain their annual certificate.
JC Code 8.15 adopted 7-19- 2007
SOH Ordinance No. 06-0719-07
page 20 of 44
(11) Bond and Insurance Required. Prior to the issuance of a Sewage System
Installer's Certificate, the applicant must be in possession of a bond obtained in
accordance with the Special or General Contractors Laws of the State of
Washington running to Jefferson County Public Health on a form approved by
JCPH in the sum of $20,000 and executed by a surety company duly authorized to
do business in the state of Washington. The bond shall be conditioned that the
holder of the certificate and his/her agents, in performing work governed by these
rules and regulations, shall exercise all reasonable care and skill and shall comply
with all the terms and conditions of these rules and regulations. The bond must be
kept in effect during the period of time for which the certificate is issued and
cancellation of the bond shall automatically suspend the certificate. The bond shall
run for a period of thirty-six (36) months following termination of the certificate.
Applicant shall provide proof of business liability insurance in the minimum amount
of five hundred thousand dollars ($500,000.00) in accordance with the Special or
General Contractors Laws of the State of Washington. EXCEPT, site installers
working for or under the direction of a general contractor who is also a certified
installer may have this requirement waived if the general contractor provides a
written statement indicating their assumption of responsibility for the individual's
work, and agreement to coverage of the individual by the general contractor's bond
and liability insurance.
(12) Continuing Education. Each installer shall obtain a minimum of eight (8) hours of
approved classroom training every two (2) years. Subject matter must be directly
related to on-site sewage disposal and be acceptable to the Health Officer. Proof
of training shall be submitted annually with application for certificate renewal.
(13) Suspension/Revocation. A sewage system Installers certificate may be revoked or
suspended as set forth in JCC 8.15.180 if he/she has been found to be in
noncompliance with provisions of this chapter or has performed with negligence,
incompetence or misrepresentation.
8.15.130
SEPTIC TANK PUMPERS
(1) Certificate Required. It shall be unlawful for any person, firm, or corporation to
engage in the activity of cleaning any septic tank, pump chamber, chemical toilet, or
removing other accumulations of sewage without first having obtained a Septic Tank
Pumper's Certificate from the Health Officer.
(2) Renewal of Certificate. Application is required annually for certificate renewal. All
certificate renewal applications, along with the required bond, renewal fee, and
verification of continuing education shall be submitted to the Health Officer no later
than March 1. The Certificate shall not be issued or renewed if the applicant is
found by the Health Officer to be out of compliance or in violation of the provisions of
this chapter.
(3) A Septic Tank Pumper's Certificate is not transferable.
(4) Septage Disposal Site Approval. It shall be unlawful to dispose of septic tank
pumpings or other accumulated sewage at any location other than disposal sites
designated and approved by the Washington State Department of Ecology.
JC Code 8.15 adopted 7-19- 2007
SOH Ordinance No, 06-0719-07
page 21 of 44
(5) No material/substance shall be discharged into any component of the OSS during
pumping or maintenance excepting that tankls may be filled with water to prevent
floatation.
(6) Reporting Requirements.
a. Each pumper shall submit to the Health Officer not later than the tenth day of
each month a report on a form provided by JCPH. Said report shall contain:
i. The dates, sources, disposal site, disposal receipts, and volume of
each load of wastes handled from the preceding calendar month.
ii. Vacuuming system on each occurrence with the date and physical
address and property owner name.
iii. Hydro-jetting system on each occurrence with the date and physical
address and property owner name.
b. Each pumper shall complete an inspection report at each site where a holding
tank, septic tank or pump chamber, is serviced. Inspection reports shall be
submitted to JCPH. Said report shall include at a minimum the following
information:
i. Measured depth of scum and sludge in the septic tank and pump
chamber if present.
ii. Condition of tank(s), baffles, risers, screens
iii. Record signs of backflow from drainfield
iv. Record signs of ground water infiltration into tank(s)
v. Each pumper shall list portable toilet locations, the frequency of service
and the disposal location on the monthly report.
(7) Pump Tank Requirements. Pumping equipment must be presented to JCPH for
inspection at the time of certificate application and renewal or upon request of the
health officer.
a. The pump tank must be of at least 1,000 gallons in capacity and must be in
good repair and of cleanable construction.
b. All hoses and pumping equipment shall be kept in a clean and sanitary
condition while stored or in transit.
c. All discharge valves shall be in good repair, free from leaks and be fitted with
watertight caps.
d. The name of the operating firm shall be prominently displayed on the sides of
the vehicle.
(8) Bond Required. Prior to the issuance of a Septic Tank Pumper's Certificate, the
applicant must post a bond with JCPH in a form approved by the Prosecuting
Attorney of Jefferson County, and executed by a surety company authorized to do
business in the State of Washington, in the sum of two thousand dollars ($2,000).
(9) Continuing Education. Each pumper shall obtain a minimum of six (6) hours of
approved classroom training every two (2) years. Subject matter must be directly
related to on-site sewage disposal and be acceptable to the Health Officer. Proof of
training shall be submitted annually with application for renewal.
(10) Suspension/Revocation. A Septic Tank Pumper's Certificate may be revoked or
suspended as set forth in 8.15.180 if he/she has been found to be in noncompliance
with the terms of this chapter or has performed with negligence, incompetence or
misrepresentation.
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SOH Ordinance No, 06-0719-07
page 22 of 44
8.15.140
OPERATION AND MONITORING SPECIALIST
(1) Certificate required. It shall be unlawful for any person, firm or corporation to
engage in any operation and maintenance/monitoring inspection required by JCPH
without first having been issued an Operation and Monitoring Specialist Certificate
by the Health Officer.
(2) A sewage system Operation and Monitoring Specialist Certificate shall not be
transferable.
(3) Requirements for Monitoring Specialist Certificate shall include all of the following:
a. Application shall be made on forms provided by the Health Officer.
b. Certificate and/or application fees as set forth in the Fee Schedule shall be
payable to JCPH.
c. Written proof showing a minimum of one-year experience under the direct
supervision of a Certified Installer, Designer or Operation and Monitoring
Specialist or other experience as approved by the Health Officer. Completion
of classroom training specific to on-site sewage system operation and
maintenance as approved by JCPH may be substituted for up to six months
work experience.
d. Written proof of completion of a minimum of sixteen (16) hours of training in
on-site wastewater treatment, operation and maintenance at the Northwest
On-site Wastewater Training Center or equivalent.
e. Take and pass a written examination to determine the applicant's knowledge
of the operation and monitoring requirements, both herein and in WAC 246-
272A or as amended, for the on-site sewage systems approved by the
Washington State Department of Health, excepting those proprietary devices
requiring a special authorization from the system proprietor.
(4) Scope of Practice
a. The Operations and Monitoring Specialist may complete regular maintenance
of an on-site sewage system including:
i. Measuring levels of sludge, scum and liquid in the system
components;
ii. Visual evaluation of the condition of all system components;
iii. Inspect and report the condition of system components; monitoring
ports and the surface above the drainfield/disposal area; or
iv. Record information from devices such as cycle counter or operating
hour meters and water meters
b. The Operations and Monitoring Specialist may complete the following if
authorized by the homeowner:
i. Clean pump screen or outlet baffle screen;
ii. Install and repair septic tank lids, risers and baffles;
iii. Replace pumps, float switches, and check valves intended to prevent
the back flow of effluent into the pump chamber, within Washington
State Labor and Industry requirements; or
iv. Make repairs to a septic tank or pump chamber to correct a condition
of ground water intrusion or leakage.
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SOH Ordinance No, 06-0719-07
page 23 of 44
v. Excavate for purposes of affixing sweeping 45 degree angle lateral
ends and removable end caps on manifolds and lateral lines, for
purposes of maintenance, such as flushing, jetting and brushing.
c. The Operations and Monitoring Specialist shall not:
i. Pump the septic tank and/or pump chamber, EXCEPT in the case
where he/she also holds a valid Septic Tank Pumper's Certificate;
ii. Excavate an OSS's drainfield or any drainfield component, EXCEPT as
stated in 8.15.140 (4 )(b) above, OR in the case where he/she also
holds a valid Installer's Certificate;
iii. Alter devices such as cycle counters or operating hour meters without
the prior written approval of JCPH;
iv. Alter or replace any portion of the subsurface disposal component or
pretreatment components, EXCEPT as stated in 8.15.140(b) (v) and
EXCEPT in the case where he/she also holds a valid Installer's
Certificate and a permit has been obtained for such work; or
v. Replace or alter devices that monitor or regulate the distribution of the
effluent.
(5) The Operations and Monitoring Specialist shall report failure of an on-site sewage
system to JCPH within 24 hours of first identifying the failure.
(6) Inspection Reports shall be submitted by the Operations and Monitoring Specialist to
JCPH or other authorized agency within thirty (30) days following the inspection.
(7) Only certified Operation and Monitoring Specialists that have also obtained written
approval from either the manufacturer or patent holder may operate and maintain
proprietary devices governed by this chapter.
(8) Continuing Education. Each Operations and Monitoring Specialist shall obtain a
minimum of eight (8) hours of approved classroom training pertaining to on-site
sewage treatment and disposal every two (2) years. Proof of training shall be
submitted annually with application for renewal.
(9) Bond Required. Prior to the issuance of an Operation and Monitoring Specialist
Certificate, the applicant must be in possession of a bond obtained in accordance
with the Special or General Contractors Laws of the State of Washington and
provide proof of business liability insurance in the minimum amount of five hundred
thousand dollars ($500,000.00).
(10) Renewal of Certificate. Application is required annually for certificate renewal. All
certificate renewal applications, along with the required bond, renewal fee, and
verification of continuing education shall be submitted to the Health Officer by March
1. The certificate shall not be issued or renewed if the applicant is found by the
Health Officer to be out of compliance or in violation of the provisions of this chapter.
(11) Suspension/Revocation. An Operation and Monitoring Specialist's Certificate may
be revoked or suspended as set forth in 8.15.180 if he/she has been found to be in
noncompliance with the terms of this chapter or has performed with negligence,
incompetence or misrepresentation.
JC Code 8.15 adopted 7-19- 2007
SOH Ordinance No. 06-0719-07
page 24 of 44
8.15.150
OPERATION, MAINTENANCE AND MONITORING
(1) Responsibility of Owner(s). The owner of every residence, business, or other place
where persons congregate, reside or are employed that is served by an OSS, and
each person with access to deposit materials in the OSS shall use, operate, and
maintain the system to eliminate the risk to the public associated with improperly
treated sewage. Owners' duties are included, without limitation, in the following list:
a. They shall comply with the conditions stated on the on-site sewage permit.
b. They shall employ an approved pumper to remove the septage from the
tank(s) when the level of solids and scum indicates that removal is necessary.
The septic tank shall be pumped when the total amount of solids equals or
exceeds one-third (1/3) the volume of the tank. The pump and/or siphon
chamber(s) shall be pumped when solids are observed.
c. They shall not use water in quantities that exceed the OSS's designed
capacity for treatment and disposal.
d. They shall not deposit solid, hazardous waste, or chemicals other than
household cleaners in the OSS.
e. They shall not deposit waste or other material that causes the effluent
entering the drainfield to exceed the parameters of residential/household
waste strength.
f. They shall not build any structure in the OSS area or reserve area without
express, prior consent of the Health Officer.
g. They shall neither place nor remove fill over the OSS or reserve area without
express, prior consent of the Health Officer.
h. They shall not pave or place other impervious cover over the OSS or reserve
area.
L They shall divert drains, such as footing or roof drains away from the area of
the OSS.
j. They shall comply with inspection requirements in JCC 8.15.150 and WAC
246-272A
k. They shall complete maintenance and repair of the OSS as recommended by
the monitoring entity.
I. They should not dispose of excess food waste via a garbage disposal.
m. They should not drive, park or store vehicles or equipment over the drainfield
or reserve area.
n. They should not allow livestock access to the OSS area or reserve area.
o. They shall comply with WAC 246-272A-270.
(2) Breach of Owner's Responsibilities. An owner's or occupier's failure to fulfill any of
the responsibilities in 8.15.150 (1) shall be a basis for a Notice of Violation and for
the Health Officer to decline to issue approval for further development on the parcel.
(3) Where a proprietary product is included as a part of the onsite sewage system a
notice shall be placed on the title of the property providing notice that the site is
served by an alternative method of sewage disposal and requires regular
maintenance that must be performed by a person authorized by the device
manufacturer and certified by JCPH. This notice shall be recorded prior to final
approval of the system on forms approved by JCPH.
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SOH Ordinance No. 06-0719-07
page 25 of 44
(4) The Health Officer shall be responsible to make available written guidance on the
proper maintenance and operation of the OSS to the owner. Information shall be
made available at JCPH and the Jefferson County Department of Community
Development locations and shall be mailed on a periodic basis to owners of OSS by
the Health Officer or his/her designated representative.
(5) Inspection Requirements.
a. The owner shall ensure that the OSS receives an inspection by an approved
monitoring entity at the frequency identified in JCC 8.15 Table 1 as adopted
or hereinafter amended.
b. Treatment devices and Proprietary products. Existing and proposed systems
that include a treatment device or proprietary product in order to meet a
treatment standard (or in which Chapter 246-272A WAC or a Washington
State Department of Health Guideline requires ongoing operation and
maintenance as a condition of approval) shall be inspected at the frequency
established in WAC 246-272A. Said inspections shall be completed by
personnel authorized by the manufacturer and certified by JCPH.
c. Owners of existing and new OSS generating waste water of greater than
residential strength, including food service establishments shall be inspected
annually by an approved monitoring entity.
d. The Health Officer may require more frequent inspections for systems where
a problem has been identified.
e. Multiple Requirements. If the manufacturer, patent holder, state, JCPH, and
any other relevant body have differing recommendations or requirements for
inspection and maintenance intervals for an OSS or any component of the
OSS, then the owner shall follow the most frequent service interval.
(6) Operations and Monitoring Agreement.
a. The owner of any site where a permit is issued for an on-site sewage
component shall complete and record to the property title an Operations and
Monitoring Agreement prior to finalization of the permit. The agreement shall
be on a form approved by the Public Health Department.
b. The owner of a conventional OSS shall be subject to a permit condition
requiring compliance with the inspection schedule specified in JCC 8.15
Table 1 beginning with the earliest of the following events:
i. The installation of an OSS.
ii. The repair of an OSS.
iii. The modification of an OSS.
c. Owners of existing conventional systems shall obtain an initial inspection by
JCPH, Licensed Designer or licensed professional engineer and comply with
the inspection schedule specified in JCC 8.15 TABLE 1 beginning with the
earliest of the following events:
i. The sale of the property.
ii. The application for a building permit on the site.
iii. The use of an OSS as a community OSS.
iv. Identification that an OSS is in a Marine Recovery Area or a Shellfish
Protection District as designated by the Jefferson County Board of
Health.
JC Code 8.15 adopted 7-19- 2007
SOH Ordinance No. 06-0719-07
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v. Identification that a system has received a WaiverNariance from State
or Local Code.
d. Owners of all onsite sewage systems (conventional, alternative and
proprietary systems after meeting manufacturers training requirements) may
obtain operations and monitoring inspections from a Certified Monitoring
Specialist in lieu of JCPH, Licensed Designer or licensed professional
engineer for the following inspection:
i. Routine O&M
ii. The sale or transfer of a property
iii. The application for a building permit that is not classified as an
expansion.
e. Owners of existing and new OSS generating waste water of greater than
residential strength, including food service establishments shall be inspected
annually by an approved monitoring entity.
(7) Operation and Monitoring Requirements.
a. On-site Sewage Systems in Jefferson County shall be inspected and
maintained as set forth in JCC 8.15 TABLE 1 by an approved monitoring
entity that meets the standards set forth in 8.15.140.
b. Access Required. The owner of the system shall provide access to the
system for inspection and maintenance/monitoring as follows:
i. Septic tank. Septic tanks shall be fitted with watertight pumping
access risers to the ground surface over both compartments and over
the outlet baffle, EXCEPT, as set forth in 8.15.090 (10). The risers
shall have a means to lock or secure the lid against tampering and
accidental access.
ii. Pump Chamber. Pump chambers shall have a watertight riser to
ground surface over the pump. The riser shall have a means to lock or
secure the lid against tampering and accidental access.
Hi. Proprietary Devices and Disinfection Equipment. Access shall be
provided as determined by the manufacturer or patent holder and shall
include access to ground surface for effluent sample collection,
observation and inspection of the unit.
c. Fees for inspections and contracts shall be set by the service provider.
(8) Inspection Report. The inspection report shall be submitted to JCPH on JCPH
forms. The inspection report form shall be completed in full for an inspection to be
considered valid.
8.15.165
WAIVER OF STATE OR LOCAL REGULATIONS
(1) Applicability. Any person who owns or operates an OSS may apply to the Health
Officer for a waiver from any paragraph of these regulations.
(2) Granting Requirements.
a. The Health Officer may grant such a waiver if it finds that:
i. Special circumstances exist that are not of the applicant's making;
JC Code 8,15 adopted 7-19- 2007
SOH Ordinance No. 06-0719-07
page 27 of 44
ii. An unnecessary hardship will occur without the waiver;
iii. The Health Officer has determined that the waiver is consistent with
the standards in, and the intent of, the public health protection purpose
and objectives of these rules;
iv. Corresponding mitigation measure(s) to assure that public health and
water quality protection, at least equal to that established by these
rules, is provided.
b. The Health Officer may grant a waiver conditioned by a timetable if:
i. Compliance with this regulation will require spreading of costs over a
considerable time period; and
ii. The timetable is for a period that is needed to comply with this
regulation.
c. The Health Officer may grant waivers from these regulations for standards
that are more stringent than the standards of Chapter 246-272A WAC, or
from provisions in these regulations that are not contained in Chapter 246-
272A without Department of Health approval.
(3) Application.
a. The application shall be made on forms provided by JCPH and accompanied
by all information required by the Health Officer or designee.
b. The Health Officer may request additional information if required to make a
decision.
c. An application for a waiver, or for the renewal thereof, submitted to the Health
Officer shall be approved or disapproved by the Health Officer within ninety
(90) calendar days of receipt unless the applicant and the Health Officer
agree to a continuance.
(4) Renewal. The Health Officer may renew any waiver granted pursuant to this
paragraph on terms and conditions and for periods that would be appropriate on
initial granting of a waiver. No renewal shall be granted except on written application.
Any such application shall be made at least sixty (60) calendar days prior to the
expiration of the variance.
JCC 8.15.170
APPEAUHEARING
(1) Appeal of Public Health Action - Health Officer Administrative Hearing.
Any person aggrieved by the contents of a notice and order to correct violation
issued under this regulation, or by any inspection, permit issuance or enforcement
action conducted by Public Health under this regulation, may request, in writing, a
hearing before the Health Officer or his or her designee. The appellant shall submit
specific statements in writing of the reason why error is assigned to the decision of
Public Health. Such request shall be presented to the Health Officer within ten (10)
business days of the action appealed; except in the case of a suspension, the
request for a hearing must be made within five (5) business days. Upon receipt of
such request together with hearing fees, the Health Officer shall notify the person of
the time, date, and place of such hearing, which shall be set at a mutually
convenient time not less than five (5) business days nor more than thirty (30)
JC Code 8.15 adopted 7-19- 2007
SOH Ordinance No. 06-0719-07
page 28 of 44
business days from the date the request was received. The Health Officer will issue
a decision upholding or reversing Public Health's action. The Health Officer may
require additional actions as part of the decision.
(2) Appeal of Administrative Hearing.
a. Any person aggrieved by the findings or required actions of an administrative
hearing shall have the right to appeal the matter by requesting a hearing
before the Board of Health. Such notice of appeal shall be in writing and
presented to the Health Officer within five (5) business days of the findings
and actions from the administrative hearing and shall be accompanied by a
fee as established in the current Public Health fee schedule. The appellant
shall submit specific statements in writing of the reason why error is assigned
to the decision of the Health Officer. The appellant and the Health Officer may
submit additional information to the Board of Health for review.
b. The notice and order to correct violation shall remain in effect during the
appeal. Any person affected by the notice and order to correct violation may
make a written request for a stay of the decision to the Health Officer within
five (5) business days of the Health Officer's decision. The Health Officer will
grant or deny the request within five (5) business days.
c. Upon receipt of a timely written notice of appeal together with the hearing fee,
the Health Officer shall set a time, date, and place for the requested hearing
before the Board of Health and shall give the appellant written notice thereof.
Such hearing shall be set at a mutually convenient time not less than five (5)
business days or more than thirty (30) business days from the date the
appeal was received by the Health Officer.
d. Any decision of the Board of Health shall be final and may be reviewed by an
action filed in superior court. Any action to review the Board's decision must
be filed within thirty (30) business days of the date of the decision.
(3) All revocation hearings shall be conducted by the Board of Health.
(4) The following guidelines apply to all hearings and appeals conducted by the Board
of Health pursuant to this section:
a. Appeals shall be made in writing and shall be signed and dated by the
petitioning party.
b. Appeals shall include a brief and concise statement of the law and facts,
which affirmatively establish that the Health Officer has committed an error.
c. Appeals shall be transmitted to the Board of Health by JCPH following receipt
from the petitioning party together with all relevant material associated with
the Health Officers action, including but not limited to, applications, reports,
soil logs, photographs, staff analysis and recommendations.
d. Upon receipt of the appeal materials transmitted by JCPH, the Board of
Health shall conduct a hearing to determine the correctness of the decision
by the Health Officer within thirty-five (35) days. The petitioner shall be given
five (5) days' notice by certified mail of the purpose, time, date and place of
said hearing. Further, if the petitioning party is a person other than the permit
applicant or a permit holder, then notice of the purpose, time, date, and place
JC Code 8,15 adopted 7-19- 2007
SOH Ordinance No. 06-0719-07
page 29 of 44
of said hearing shall likewise be mailed by certified mail to the permit
applicant or permit holder.
e. Any hearing conducted pursuant to this section shall be a public hearing and
the chairperson of the Board of Health shall open the hearing and take
testimony from any interested persons; provided, that testimony in
suspension or revocation hearings shall be limited to that presented by the
Health Officer, the certificate holder and any witness called by them; provided
further, that the chairperson may limit the length of the testimony to a specific
amount of time to be applied equally to those interested persons wishing to
speak except in suspension or revocation hearings where the Board of Health
is authorized to use its discretion.
f. The procedure to be utilized during any hearing conducted pursuant to this
section shall be as follows:
i. The petitioning party, permit applicant, or permit holder and the Health
Officer, if not the petitioning party, shall be given an opportunity to
present evidence, analysis and recommendations.
ii. Members of the Board of Health may direct questions to the petitioning
party, permit applicant or permit holder and Health Officer.
iii. The chairperson of the Board of Health shall permit the presentation of
testimony by any interested person as set forth in this chapter.
iv. Following presentation of evidence and testimony, the chairperson of
the Board of Health shall close the hearing and initiate discussion with
other board members on the matters presented.
v. Following discussion, the Board of Health shall make ruling on the
appeal.
vi. Under no circumstances shall cross-examination of persons making
presentations at the hearing be permitted, notwithstanding that the
Board of Health may ask questions as set forth above.
g. Should the Board of Health require additional testimony, it may continue the
public hearing to a date and time not to exceed thirty-five (35) days following
the date of the initial public hearing; PROVIDED that at the close of the
second public hearing the Board of Health may continue its deliberations on
the appeal to another time and date not to exceed thirty-five (35) days
following the close of the second public hearing conducted to receive
additional testimony. In all other cases the Board of Health may continue its
deliberations on the appeal to another date and time not to exceed thirty-five
(35) days following the close of the public hearing.
h. Relevant evidence is admissible, if in the opinion of the Board of Health it is
the best evidence reasonably obtainable having due regard for its necessity,
availability and trustworthiness; provided that, in passing upon the
admissibility of evidence the Jefferson County Board of Health may give
consideration to, but shall not be bound to follow the rules of evidence
governing civil proceedings in matters not involving trial by jury in the Superior
Court of the State of Washington.
i. A full and complete record shall be kept of all proceedings and all testimony
shall be recorded. The record of testimony and exhibits together with all
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SOH Ordinance No. 06-0719-07
page 30 of 44
papers and requests filed in the proceedings shall constitute the exclusive
record for the decision in accordance with the law.
j. All decisions shall become a part of the record and shall include a statement
of Findings and Conclusions.
k. Notice of the decision of the Board of Health shall be provided not later than
ten (10) days following the date of its decision.
I. The petitioning party, permit applicant, permit holder, or designated agent,
and JCPH shall be notified of the decision of the Board of Health, together
with the Findings and Conclusions.
JCC 8.15.180
ENFORCEMENTIPENALTY
(1) Other Laws, Regulations and Agency Requirements
a. All OSS management shall be subject to the authority of other laws,
regulations or other agency requirements in addition to these rules and
regulations. Nothing in these rules and regulations is intended to abridge or
alter the rights of action by the state or by persons, which exist in equity,
common law or other statutes to abate pollution or to abate a nuisance.
b. If a conflict exists between the interpretation of Chapter 246-272A WAC and
these regulations, the more stringent regulation shall apply to better protect
public health and the environment.
(2) Enforcement Authority. The Health Officer, his or her designee, or any person
appointed as an "Enforcement Officer" by the Jefferson County Board of Health shall
have the authority to enforce the provisions of these regulations equally on all
persons. The Health Officer is also authorized to adopt rules consistent with the
provisions of these rules and regulations for the purpose of enforcing and carrying
out its provisions.
(3) Right of Entry
a. Whenever necessary to make an inspection to enforce or determine
compliance with the provisions of these regulations, and other relevant laws
and regulations, or whenever the Health Officer has cause to believe that a
violation of these regulations has or is being committed, the Health Officer or
his/her duly authorized inspector may, in accordance with federal and state
law, seek entry of any building, structure, property or portion thereof at
reasonable times to inspect the same.
b. Prior to entering any building, structure, property or portion thereof the Health
Officer or his/her duly authorized inspector shall attempt to secure the
consent of the owner, occupant or other person having apparent charge or
control of said building, structure, property or portion thereof.
i. If such building, structure, property or portion thereof is occupied, the
inspector shall present identification credentials, state the reason for
the inspection, and request entry.
ii. In attempting to contact the owner, occupier or other persons having
apparent control of said building, structure, property or portion thereof,
the inspector may approach said building or structure by a
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SOH Ordinance No, 06-0719-07
page 31 of 44
recognizable access route, e.g., a street or driveway, leading to said
building or structure.
c. If permission to enter said building, structure, property or portion thereof is not
obtained from the owner, occupier or other persons having apparent control
of said building, structure, property or portion thereof the inspector may enter
said building, structure, property or portion thereof only if the entry into the
building, structure, or property is consistent with applicable state and federal
law.
d. If permission to enter said building, structure, property or portion thereof is not
obtained from the owner, occupier or others persons having apparent control
of said building, structure, property or portion thereof, the Health Officer or
his/her duly authorized inspector shall also have recourse to any other
remedies provided by law to secure entry, including but not limited to search
warrants based on probable cause or statutory authority.
(4) Notice and Order to Correct Violation
a. Issuance. Whenever the Health Officer determines that a violation of these
regulations has occurred or is occurring, he/she may issue a written notice
and order to correct violation to the property owner or to any person causing,
allowing or participating in the violation.
b. Content. The notice and order to correct violation shall contain:
i. The name and address of the property owner or other persons to
whom the notice and order to correct violation is directed;
ii. The street address or description sufficient for identification of the
building, structure, premises, or land upon or within which the violation
has occurred or is occurring;
iii. A description of the violation and a reference to that provision of the
regulation, which has been violated;
iv. A statement of the action required to be taken to correct the violation
and a date or time by which correction is to be completed;
v. A statement that each violation of this regulation shall be a separate
and distinct offense and in the case of a continuing violation, each
day's continuance shall be a separate and distinct violation;
vi. A statement that the person, to whom the Notice and Order is directed,
can appeal the Order to the Health Officer, in accordance with the
terms of this Chapter, and that any such appeal must be presented to
the Health Officer with ten days;
vii. A statement that the failure to obey this notice may result in the
issuance of a notice of civil infraction, and/or the assessment of an
administrative remedy, and/or, if applicable, the imposition of criminal
penalties.
c. Receipts. The notice and order to correct violation may also include a
statement requiring the person to whom the notice and order to correct
violation is directed to produce receipts from a certified professional to
demonstrate compliance with an order issued by the Health Officer.
d. Service of Order. The notice and order to correct violation shall be served
upon the person to whom it is directed, either personally or by mailing a copy
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SOH Ordinance No. 06-0719-07
page 32 of 44
of the order to correct violations by first class and / or certified mail postage
prepaid, return receipt requested, to such person at his/her last known
address. The notice and order to correct violation shall also be served via
certified mail/return receipt requested to the owner of the parcel or parcels
where the alleged violations are occurring, to the owner's last known address.
e. Extension. Upon written request received prior to the correction date or time,
the Health Officer may extend the date set for corrections for good cause.
The Health Officer may consider substantial completion of the necessary
correction or unforeseeable circumstances that render completion impossible
by the date established as a good cause.
f. Supplemental Order to Correct Violation. The Health Officer may at any time
add to, rescind in part, or otherwise modify a notice and order to correct
violation. The supplemental order shall be governed by the same procedures
applicable to all notice and order to correct violations procedures contained in
these regulations.
g. Enforcement of Order. If, after any order is duly issued by the Health Officer,
the person to whom such order is directed fails, neglects, or refuses to obey
such order, the Health Officer may:
i. Utilize any remedy or penalty under Section 180(5) of these
regulations; and/or
ii. Abate the health violation using the procedures of these regulations;
and/or
iii. Pursue any other appropriate remedy at law or equity.
h. Written Assurance of Discontinuance. The Health Officer may accept a
written assurance of discontinuance of any act in violation of this regulation
from any person who has engaged in such act. Failure to comply with the
assurance of discontinuance shall be a further violation of this regulation.
(5) Violations, Remedies and Penalties
a. Violations.
i. Violations of these regulations may be addressed through the
remedies and penalties provided in this section.
ii. Each violation of these regulations shall be a separate and distinct
offense and in the case of a continuing violation, each day's
continuance shall be considered a separate and distinct violation.
iii. The Health Officer may investigate alleged or apparent violations of
these regulations. Upon request of the Health Officer or designee, the
person allegedly or apparently in violation of these regulations shall
provide information identifying themselves.
iv. Violations, apparent or alleged, that occurred or are occurring in
environmentally sensitive areas, as that term is defined in this Chapter,
of Jefferson County will have the highest priority for investigation by
those persons charged in this Chapter with investigating such
violations and enforcing this Chapter and such violations will be subject
to a 'zero tolerance' policy.
b. Civil Remedies.
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SOH Ordinance No, 06-0719-07
page 33 of 44
i. Except as provided in Section 180, the violation of any provision of
these regulations is designated as a Class 1 civil infraction pursuant to
Chapter 7.80 RCW, Civil Infractions.
ii. In addition to or as an alternative to any other judicial or administrative
remedy provided herein, or by law, any person or establishment who
violates this regulation, may be assessed a civil penalty up to $513.00
per day of continuous violation to be directly assessed by the Health
Officer until such violation is corrected.
iii. The Health Officer may issue a notice of civil infraction pursuant to
Chapter 7.80 RCW if the Health Officer has reasonable cause to
believe that the person has violated any provision of these regulations
or has not corrected the violation as required by a written notice and
order to correct violation. Civil infractions shall be issued, heard and
determined as described in Chapter 7.80 RCW, and any applicable
court rules.
iv. All other legal and equitable remedies are also deemed available to
Public Health or its Health Officer and may be invoked, utilized or
sought at any time regardless of whether other remedies have or have
not been undertaken or sought.
c. Criminal Penalties.
i. Any person who fails, neglects, or refuses to obey an order of the
Health Officer to correct a violation as set forth in Section 180 above
shall be, upon conviction, guilty of a misdemeanor and shall be subject
to a fine of not more than $1000, or imprisonment in the county jail not
to exceed ninety (90) days, or both. The court may also impose
restitution.
ii. Any person who fails, neglects, or refuses to comply with a written
assurance of discontinuance pursuant to Section 180 above shall be,
upon conviction, guilty of a misdemeanor and shall be subject to a fine
of not more than $1000, or imprisonment in the county jail not to
exceed ninety (90) days, or both. The court may also impose
restitution.
d. Stop-Work Orders. The Health Officer may cause a Stop-Work order to be
issued whenever the Health Officer has reason to believe that a violation of
this regulation is occurring. The effect of the Stop-Work order shall be to
require the immediate cessation of such work or activity that has contributed
to the violation until authorized by the Health Officer to proceed.
i. Content. A Stop-Work Order shall include the following:
1. The name and address for the person responsible for the
alleged violation;
2. The street address or description sufficient for identification of
the building, structure or premises, or land upon or within which
the alleged violation has occurred or is occurring.
3. A description of the violation and reference to the provision of
the Jefferson County Board of Health Ordinance, which has
been allegedly violated;
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SOH Ordinance No, 06-0719-07
page 34 of 44
4. The required corrective action;
5. A statement that a failure to comply with the order may lead to
issuance of a civil infraction to the person named in the order;
6. A statement that the person to whom the Stop Work Order is
directed can appeal the Order to the Health Officer in
accordance with Section 170 of this Chapter and that any such
appeal must be presented to the Health Officer within ten days.
ii. Service of Notice. The Health Officer shall serve the Stop Work Order
upon the owner of the property where the alleged violation occurred or
is occurring and the person, firm or business entity that has allegedly
violated this Chapter, either personally or by mailing a copy of the
notice by regular and certified or registered mail, within a five-day
return receipt requested, to the owner at his or her last known address.
A copy of the Order shall also be posted on the property where the
alleged violation occurred or is occurring.
iii. Posting of Notice. In addition to service of the notice listed above, an
additional notice shall be posted on the property in substantially the
following form:
Under the authority of Jefferson County Public Health Code 8.15
Onsite Sewage Regulations you are hereby required to immediately
STOP WORK
This order is in effect at this property for all work and activities that
relate to violations of Jefferson County Public Health Code 8.15
Onsite Sewage Regulations, and remains in effect until removed by
Public Health. It is a violation of these regulations to remove,
deface, destroy, or conceal a posted Stop Work Order. FAILURE
TO COMPLY WITH THIS ORDER MAY RESULT IN THE
ISSUANCE OF A CIVIL INFRACTION.
e. Voluntary Correction. When the Health Officer determines that a violation has
occurred or is occurring, he or she shall attempt to secure voluntary
correction by contacting the person responsible for the alleged violation and,
where possible, explaining the violation and requesting correction.
i. Voluntary Correction Agreement. The person responsible for the
alleged violation may enter into a voluntary correction agreement with
Public Health. The voluntary correction agreement is a contract
between Public Health and the person responsible for the violation in
which such person agrees to abate the alleged violation within a
specified time and according to specified conditions. The voluntary
correction agreement will be in lieu of the issuance of further citations
or the abatement of the property pursuant to RCW 7.48 or of this
Chapter. The voluntary correction agreement shall include the
following:
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SOH Ordinance No. 06-0719-07
page 35 of 44
1. The name and address of the person responsible for the alleged
violation;
2. The street address or other description sufficient for
identification of the building, structure, premises, or land upon or
within which the alleged violation has occurred or is occurring;
3. A description of the alleged violation and a reference to the
regulation, which has been violated;
4. The necessary corrective action to be taken, and a date or time
by which correction must be completed;
5. An agreement by the person responsible for the alleged
violation that Public Health may enter the property and inspect
the premises as may be necessary to determine compliance
with the voluntary correction agreement;
6. An agreement by the person responsible for the alleged
violation that Public Health may enter the property to abate the
violation and recover its costs and expenses (including
administrative, hearing and removal costs) from the person
responsible for the alleged violation if the terms of the voluntary
correction agreement are not satisfied; and
7. An agreement that by entering into the voluntary correction
agreement, the person responsible for the alleged violation
waives the right to a hearing before the Health Officer under
these regulations or otherwise, regarding the matter of the
alleged violation and/or the required corrective action.
ii. Right to a Hearing Waived. By entering into a voluntary correction
agreement, the person responsible for the alleged violation waives the
right to a hearing before the Health Officer under these regulations or
otherwise, regarding the matter of the violation and/or the required
corrective action. The person responsible for the alleged violation may,
by through written documentation provided to the Health Officer, state
his or her decision to reject and nullify the voluntary correction
agreement, at which time that person is entitled to an appeal to the
Health Officer pursuant to Section 170 of this Chapter.
iii. Extension and Modification. The Health Officer may, at his or her
discretion, grant an extension of the time limit for correction or a
modification of the required corrective action if the person responsible
for the alleged violation has shown due diligence and/or substantial
progress in correcting the violation, but unforeseen circumstances
have delayed correction under the original conditions.
iv. Abatement by Public Health. The county may abate the alleged
violation in accordance with Section 180(5)(f) if all terms of the
voluntary correction agreement are not met.
v. Collection of Costs. If all terms of the voluntary correction agreement
are not met, the person responsible for the alleged violation shall be
assessed all costs and expenses of abatement, as set forth in
Jefferson County Public Health Code 8.15.
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SOH Ordinance No. 06-0719-07
page 36 of 44
f. Abatement Orders. Where the Health Officer has determined that a violation
of these regulations has occurred or is occurring, he or she may issue an
Abatement Order to the person responsible for the alleged violation requiring
that the unlawful condition be abated within a reasonable time period as
determined by the Health Officer.
i. Prerequisite to Abatement Order. Absent conditions which pose an
immediate threat to the public health, safety or welfare of the
environment, the procedures for abatement of conditions constituting a
violation of these regulations should be utilized by Public Health only
after corrections of such conditions have been attempted through the
use of the civil infractions process. Once it has been determined by
Public Health that there is an immediate threat to the public health's
safety or welfare and that correction of such conditions has not been
adequately achieved through use of the civil infraction process, then
Public Health is authorized to proceed with abatement of such
conditions pursuant to these regulations. Public Health shall also
attempt to enter into a voluntary corrections agreement prior to issuing
an Abatement Order.
ii. Content. An Abatement Order shall include the following:
1. The name and address for the person responsible for the
alleged violation;
2. The street address or description sufficient for identification of
the building, structure or premises, or land upon or within which
the alleged violation has occurred or is occurring;
3. A description of the violation and reference to the provision of
the Jefferson County Board of Health Ordinance, which has
been allegedly violated;
4. The required corrective action and a date and time by which the
correction must be completed and after which, the Health
Officer may abate the unlawful condition in accordance with this
Chapter.
5. A statement that the costs and expenses incurred by Public
Health pursuant to of this Chapter, including any amount
expended on staff time to oversee the abatement, may be
assessed against a person to whom the Abatement Order is
directed in a manner consistent with this Chapter; and
6. A statement that the person to whom the Abatement Order is
directed can appeal the Order to the Health Officer in
accordance with this Chapter.
iii. Service of Notice. The Health Officer shall serve the Abatement Order
upon the owner of the property where the alleged violation occurred or
is occurring, either personally or by mailing a copy of the notice by
regular and certified or registered mail, a five-day return receipt
requested, to the owner at his or her last known address. The Order
shall also be served on each of the following if known to the Health
Officer or disclosed from official public records: the holder of any
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BOH Ordinance No, 06-0719-07
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mortgage or deed of trust or other lien or encumbrance of record; the
owner or holder of any lease of record and the holder of any other
estate or legal interest of record in or to the property or any structures
on the property. The failure of the Health Officer to serve any person
required herein to be served, shall not invalidate any proceedings
hereunder as to any other person duly served or relieve any such
served person from any duty or obligation imposed by the provisions of
this section. A copy of the Order shall also be posted on the property
where the alleged violation occurred or is occurring.
iv. Authorized Action by Public Health. Using any lawful means, Public
Health may enter the subject property and may remove or correct the
condition that is subject to abatement.
v. Recovery of Costs and Expense. The costs of correcting a condition
which constitutes a violation of these regulations, including all
incidental expenses, shall be billed to the owner of the property upon
which the alleged violation occurred or is occurring, and shall become
due within fifteen calendar days of the date of mailing the billing for
abatement. The term "incidental expenses" includes, but is not limited
to, personnel costs, both direct and indirect and including attorney's
fees; costs incurred in documenting the violation; towing/hauling,
storage and removal/disposal expenses; and actual expenses and
costs to Public Health in preparing notices, specifications and contracts
associated with the abatement, and in accomplishing and lor
contracting and inspecting the work; and the costs of any required
printing and mailing.
vi. Collection of Costs and Expenses. The costs and expenses of
correcting a condition, which constitutes a violation of these
regulations, shall constitute a personal obligation of the person to
whom the Abatement Order is directed. Within fifteen days of abating
any violation, the Health Officer shall send the person named in the
Abatement Order a bill that details the work performed, materials
removed, labor used and the costs and expenses related to those
tasks as well as any other costs and expenses incurred in abating the
violation.
g. Notice to Vacate. When a condition constitutes a violation of these regulations
and poses an immediate threat to life, limb, property, or safety of the public or
persons residing on the property, the Health Officer may issue a Notice to
Vacate.
i. Content. A Notice to Vacate shall include the following:
1. The name and address for the person responsible for the
alleged violation;
2. The street address or description sufficient for identification of
the building, structure or premises, or land upon or within which
the alleged violation has occurred or is occurring;
JC Code 8.15 adopted 7-19- 2007
SOH Ordinance No. 06-0719-07
page 38 of 44
r
3. A description of the violation constituting an emergency and
reference to the provisions of the Jefferson County Board of
Health regulations, which has been allegedly violated;
4. A date, as determined by the severity of the emergency, by
which any persons must vacate the premises. Incase of extreme
danger to persons or property immediate compliance shall be
required;
5. The required corrective action;
6. A statement that the person to whom the Notice to Vacate is
directed can appeal the order to the Health Officer in
accordance with Section 170 of this Chapter and that any such
appeal must be presented to the Health Officer within ten days.
ii. Service of Notice. The Health Officer shall serve the Abatement Order
upon the owner of the property where the alleged violation occurred or
is occurring, either personally or by mailing a copy of the notice by
regular and certified or registered mail, with a five-day return receipt
requested, to the owner at his or her last known address. A copy of the
Order shall also be posted on the property where the alleged violation
occurred or is occurring.
iii. Posting the Notice. In addition to providing service as states above, an
additional notice shall be posted on the property in substantially the
following form:
DO NOT ENTER
UNSAFE TO OCCUpy
It is a violation of the Jefferson County Board of Health Code 8.15
to occupy this building, or to remove or deface this notice.
, Health Officer
Jefferson County Public Health
iv. Compliance. No person shall remain in or enter any building, structure,
or property which has been so posted, except that entry may be made
to repair or correct any conditions causing or contributing to the threat
to life, limb, property, or safety of the public or persons residing on the
property. No person shall remove or deface any such notice after it is
posted until the required corrective action has been completed and
approved.
(6) Appeals - see section 8.15.170.
(7) Administrative - Certificate Holders.
a. Suspension of Certificate.
i. The Health Officer may suspend any certificate upon making the
determination, after a hearing between the Health Officer and the
certificate holder, that the holder has performed with negligence,
incompetence, misrepresentation or failure to comply with the
applicable rules, regulations, guidelines, policies or practices which
pertain to water supply and waste water disposal, to have made
JC Code 8.15 adopted 7-19- 2007
SOH Ordinance No. 06-0719-07
page 39 of 44
fraudulent misrepresentation in making application for a certificate or to
have made fraudulent misrepresentation in making application for a
permit to install an on-site sewage system, either existing at the time of
certification or as thereafter enacted.
ii. The Health Officer shall give written notice of the hearing to any person
aggrieved who has filed a written complaint with the Health Officer and
the affected certificate holder( s).
iii. For the first confirmed violation under this subsection, the suspension
period shall not exceed thirty (30) days; and the second violation in any
three (3) year period shall result in a suspension of the certificate for a
period not less than fifteen (15) days and not to exceed one hundred
eighty (180) days.
iv. If the Health Officer suspends a certificate, the certificate holder shall
not proceed with any further work in connection with the activity
covered by the certificate.
v. 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.
b. Revocation of Certificate.
i. 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 or 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 cancelled.
ii. The Health Officer shall give written notice of the hearing to any person
aggrieved who has filed a written complaint with the Health Officer and
the affected certificate holder(s).
iii. The third Notice of Violation issued by JCPH staff within any twelve
(12) month period shall be considered as repeated violations and result
in certificate revocation.
iv. If the Board of Health revokes a certificate, the certificate holder shall
not proceed with any further work in connection with the activity
covered by the certificate.
v. 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.
vi. If, after revocation of a certificate, the applicant desires to reapply for a
certificate, the applicant must wait six (6) months prior to reapplication.
Any person whose certificate has been revoked will be required to pay
all applicable fees and take and pass the written examination again
before issuance of a new certificate.
c. Reinstatement of Suspended or Revoked Certificate.
i. The certificate holder shall make written application for reinstatement
to the Environmental Health Director specifying what practices,
JC Code 8,15 adopted 7-19- 2007
SOH Ordinance No. 06-0719-07
page 40 of 44
performance, and conditions that were named as grounds for
suspension or revocation have been remedied; and the certificate
holder will provide a description of the changes in performance that will
occur which will directly avoid the repetition of past violations.
ii. The Environmental Health Director, upon determining that noted
deficiencies have been satisfactorily addressed, shall schedule the
individual for participation in the next available examination where
applicable. Reissuance of the certificate is subject to the individual's
successful completion of the application and testing procedure and
payment of testing and certification fees as per the Fee Ordinance.
d. Probation. A period of probation consisting of additional reporting or
inspection requirements may be imposed on a certificate holder as a result of
violations of these rules or as a condition of operation following
suspension/revocation of a certificate. Said period and requirements shall be
the decision of the Health Officer and shall be determined after an
administrative hearing with the certificate holder.
e. Appeal. Any person feeling aggrieved because of the suspension or denial of
a certificate by the Health Officer may, within fifteen (15) days of the
suspension or denial, appeal to the Board of Health as set forth in JCC 8.15.
170.
(8) Administrative - Property Owners
a. Notice to Title. If the Health Officer finds than an owner has failed to comply
with the requirements of this regulation, AND all administrative remedies have
been exhausted, AND the case has been forwarded to the Jefferson County
Prosecuting Attorney for further action, the Health Officer may record a Notice
of Potential Uncorrected Violation finding on the title of the property with the
Jefferson County Auditor.
b. Removal of Notice. The owner shall make written request to the Health
Officer for rescission of the Notice to Title. The request shall specify
corrective actions that have been completed.
c. The Health Officer, upon determining that noticed violation has been
corrected, shall record a Rescission of Notice with the Jefferson County
Auditor.
d. The owner shall pay fees as required to complete inspection(s) to verify
correction and to record the Rescission prepared by JCPH.
JCC 8.15.190
SEVERABILITY
Provisions of these rules and regulations are hereby declared to be separable, and if
any section, subsection, sentence, clause, phrase, or portion of these rules and
regulations is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of these rules and regulations.
JC Code 8.15 adopted 7-19- 2007
SOH Ordinance No. 06-0719-07
page 41 of 44
JCC 8.15.200
FEES
(1) Fees shall be as per Jefferson County Public Health Fee Schedule.
(2) Refunds shall not be granted if field investigation, plan review, site visit or design
review has been completed by JCPH.
(3) A refund of the application fee minus an administrative fee of forty-five dollars
($45.00) shall be granted upon written request of the applicant/owner, EXCEPT as
noted in (2) above.
(4) All Sewage System Installer's, Septic Tank Pumper's, and Operation and Monitoring
Specialist Certificates are renewable annually on March 1. Should any renewal fee
remain unpaid by March 31, a penalty fee according to the Fee Schedule shall be
charged. Previously issued certificates shall become void if not renewed prior to
April 1.
(5) Fees generated under this authority cannot be used to support non-public health
activities.
JCC 8.15.210
EFFECTIVE DATE
This chapter shall be effective ten (10) days after approval is obtained from the
Department of Health as per WAC 246-272A-0015 (10)
JCC 8.15.220
CONFLICT
Where other County regulations are in conflict with this ordinance, the more restrictive
regulation shall apply and such application shall extend only to those specific provisions
that are more restrictive.
Remainder of this page blank
JC Code 8.15 adopted 7-19- 2007
SOH Ordinance No. 06-0719-07
page 42 of 44
TABLE 1
THIRD PARTY OPERATIONS/MONITORING INSPECTION SCHEDULE
FOR ONSITE SEWAGE SYSTEMS
TYPE OF SITE SIZE SITE SIZE WAIVER SITE ON COMMERCIAL
SYSTEM EQUAL TO GREATER REQUIRED SHORELINE & WITH HIGH
OR LESS THAN lAC AND/OR SYSTEM < STRENGTH
THAN 1 AC APPROVED 200' TO WASTE
SHORELINE
CONVENTIONAL Every 3 years Every 6 years Every 3 years Every 3 years Annually or as
* and at and at and at time of and at time of specified in
time of sale! time of sale! sale! sale! sewage disposal
permit
ALTERNATIVE At 6 mos, at At 6 mos, at one At 6 mos, at one At 6 mos, at one Annually or as
SYSTEMS one year & year & then year & annually year & annually specified in
annually every 3 years thereafter and at thereafter and at sewage disposal
thereafter and and at time of sale! time of sale! permit
at time of sale! time of sale!
PROPRIETARY At the schedule At the schedule At the schedule At the schedule At the schedule
DEVICES required required required by the required by the required by the
by the by the Treatment Treatment Treatment
Treatment Treatment Standard to be Standard to be Standard to be
Standard Standard met and met and met and
to be met and to be met and manufacturers' manufacturers' manufacturers
manufacturers' manufacturers' guidelines guidelines guidelines.
guidelines guidelines Annually at a
minimum,
The third party inspection does not alleviate the responsibility of the homeowner to complete inspections as required
in the 0 & M Manual provided by the system designer and maintain the system when problems are observed,
Time of sale inspection is required only if inspections have not been kept current per this schedule or if the site has
not been inspected and is not yet enrolled in the inspection schedule,
REPORTS OF ALL INSPECTIONS SHALL BE SUBMITTED ON FORMS SUPPLIED BY THE HEALTH
DEPARTMENT
Any system where a system operation problem is identified at the time of inspection shall be reinspected within 6
mos.
All maintenance of proprietary devices shall be completed by factory authorized personnel.
* CONVENTIONAL includes gravity and pump to gravity only
**The inspection schedule for alternative systems is specified in the State Guidelines for Pressure Distribution,
JC Code 8.15 adopted 7-19- 2007
BOH Ordinance No, 06-0719-07
page 43 of 44
ADOPTED this
J0M, day of ~
2007.
JEFFERSON COUNTY BOARD OF HEALTH
) ~
,/(r{{~L-'.'-'~UL. (
Roberta Frissell, Chair
(\ - tJ~:t
J~~stin, Vice Chair
U
(;:jlJ~
Phil Johnson, Member
Excused
Sheila Westerman, Member
VA'
David Sullivan, Member --L.
JC Code 8,15 adopted 7-19- 2007
page 44 of 44