Alt. on-site sewage systems

AN ACT Relating to approval of certain alternative on-site sewage 1
systems; amending RCW 70.05.074; amending 1997 c 447 s 1 2
(uncodified); and creating a new section. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. 1997 c 447 s 1 (uncodified) is amended to read as 5
follows: 6
The legislature finds that improperly designed, installed, or 7
maintained on-site sewage disposal systems are a major contributor to 8
water pollution in this state. The legislature also recognizes that 9
evolving technology has produced many viable alternatives to 10
traditional on-site septic systems. It is the purpose of this act to 11
help facilitate the siting of new alternative on-site septic systems 12
and to assist local governments in promoting efficient operation of 13
on-site septic ((these)) systems. 14
Sec. 2. RCW 70.05.074 and 1997 c 447 s 2 are each amended to 15
read as follows: 16
(1) The local health officer must respond to the applicant for an 17
on-site sewage system permit within thirty days after receiving a 18
fully completed application. The local health officer must respond 19
that the application is either approved, denied, or pending.20
S-1080.1
SENATE BILL 5635
State of Washington 69th Legislature 2025 Regular Session
By Senator Christian
p. 1 SB 5635
(2) If the local health officer denies an application to install 1
an on-site sewage system, the denial must be for cause and based upon 2
public health and environmental protection concerns, including 3
concerns regarding the ability to operate and maintain the system, or 4
conflicts with other existing laws, regulations, or ordinances. The 5
local health officer must provide the applicant with a written 6
justification for the denial, along with an explanation of the 7
procedure for appeal. 8
(3) If the local health officer identifies the application as 9
pending and subject to review beyond thirty days, the local health 10
officer must provide the applicant with a written justification that 11
the site-specific conditions or circumstances necessitate a longer 12
time period for a decision on the application. The local health 13
officer must include any specific information necessary to make a 14
decision and the estimated time required for a decision to be made.15
(4) A local health officer may not limit the number of 16
alternative sewage systems within his or her jurisdiction without 17
cause. Any such limitation must be based upon public health and 18
environmental protection concerns, including concerns regarding the 19
ability to operate and maintain the system, or conflicts with other 20
existing laws, regulations, or ordinances. If such a limitation is 21
established, the local health officer must justify the limitation in 22
writing, with specific reasons, and must provide an explanation of 23
the procedure for appealing the limitation. 24
(5) Notwithstanding a limitation which may be imposed under 25
subsection (4) of this section, a local health officer shall approve 26
alternative on-site sewage disposal systems on parcels surrounding a 27
water body for which a total maximum daily load for total phosphorus 28
has been established if: (a) The system meets the highest treatment 29
level established by the department; (b) operation of the system will 30
not violate water quality criteria adopted by the department of 31
ecology and applicable to the water body; and (c) the system will 32
discharge effluent through subsurface soil disposal.33
NEW SECTION. Sec. 3. Nothing in this act repeals, limits, or 34
alters the provisions of chapter 70A.110 RCW.35
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