title: RCW 70A.10.110

text:
The notice of intention shall set forth at least all the following:
(1) The name and address of the licensee;
(2) The nature and object of the intended operation and the person or organization on whose behalf it is to be conducted;
(3) The area in which and the approximate time during which the operation will be conducted;
(4) The area which is intended to be affected by the operation;
(5) The materials and methods to be used in conducting the operation.
[ 1965 c 8 s 43.37.130. Prior: 1957 c 245 s 13. Formerly RCW 43.37.130.]

catchline: Notice of intention—Contents.


doc_type: statute

jurisdiction: wa

title: RCW 70A.10.120

text:
(1) The applicant shall cause the notice of intention, or that portion thereof including the items specified in RCW 70A.10.110, to be published at least once a week for three consecutive weeks in a legal newspaper having a general circulation and published within any county in which the operation is to be conducted and in which the affected area is located, or, if the operation is to be conducted in more than one county or if the affected area is located in more than one county or is located in a county other than the one in which the operation is to be conducted, then in a legal newspaper having a general circulation and published within each of such counties. In case there is no legal newspaper published within the appropriate county, publication shall be made in a legal newspaper having a general circulation within the county;
(2) Proof of publication, made in the manner provided by law, shall be filed by the licensee with the department within fifteen days from the date of the last publication of the notice.
[ 2020 c 20 s 1047; 1973 c 64 s 11; 1965 c 8 s 43.37.140. Prior: 1961 c 154 s 4; 1957 c 245 s 14. Formerly RCW 43.37.140.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Notice of intention—Publication.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 70A.10.130

text:
Proof of financial responsibility may be furnished by an applicant by his or her showing, to the satisfaction of the department, his or her ability to respond in damages for liability which might reasonably be attached to or result from his or her weather modification and control activities in connection with the operation for which he or she seeks a permit.
[ 2009 c 549 s 5115; 1973 c 64 s 12; 1965 c 8 s 43.37.150. Prior: 1957 c 245 s 15. Formerly RCW 43.37.150.]

catchline: Financial responsibility.


title: RCW 70A.10.140

text:
The fee to be paid by each applicant for a permit shall be equivalent to one and one-half percent of the estimated cost of such operation, the estimated cost to be computed by the department from the evidence available to it. The fee is due and payable to the department as of the date of the issuance of the permit; however, if the applicant is able to give to the department satisfactory security for the payment of the balance, he or she may be permitted to commence the operation, and a permit may be issued therefor, upon the payment of not less than fifty percent of the fee. The balance due shall be paid within three months from the date of the termination of the operation as prescribed in the permit. Failure to pay a permit fee as required shall be grounds for suspension or revocation of the license of the delinquent permit holder and grounds for refusal to renew his or her license or to issue any further permits to such person.
[ 2009 c 549 s 5116; 1973 c 64 s 13; 1965 c 8 s 43.37.160. Prior: 1957 c 245 s 16. Formerly RCW 43.37.160.]

catchline: Fees—Sanctions for failure to pay.


title: RCW 70A.10.150

text:
(1) Every licensee shall keep and maintain a record of all operations conducted by him or her pursuant to his or her license and each permit, showing the method employed, the type of equipment used, materials and amounts thereof used, the times and places of operation of the equipment, the name and post office address of each individual participating or assisting in the operation other than the licensee, and such other general information as may be required by the department and shall report the same to the department at the time and in the manner required.
(2) The department shall require written reports in such manner as it provides but not inconsistent with the provisions of this chapter, covering each operation for which a permit is issued. Further, the department shall require written reports from such organizations as are exempted from license, permit, and liability requirements as provided in RCW 70A.10.070.
(3) The reports and records in the custody of the department shall be open for public examination.
[ 2020 c 20 s 1048; 2009 c 549 s 5117; 1973 c 64 s 14; 1965 c 8 s 43.37.170. Prior: 1957 c 245 s 17. Formerly RCW 43.37.170.]

catchline: Records and reports—Open to public examination.


title: RCW 70A.10.160

text:
(1) The department may suspend or revoke any license or permit issued if it appears that the licensee no longer possesses the qualifications necessary for the issuance of a new license or permit. The department may suspend or revoke any license or permit if it appears that the licensee has violated any of the provisions of this chapter. Such suspension or revocation shall occur only after notice to the licensee and a reasonable opportunity granted such licensee to be heard respecting the grounds of the proposed suspension or revocation. The department may refuse to renew the license of, or to issue another permit to, any applicant who has failed to comply with any provision of this chapter.
(2) The department may modify the terms of a permit after issuance thereof if the licensee is first given notice and a reasonable opportunity for a hearing respecting the grounds for the proposed modification and if it appears to the department that it is necessary for the protection of the health or the property of any person to make the modification proposed.
[ 1973 c 64 s 15; 1965 c 8 s 43.37.180. Prior: 1957 c 245 s 18. Formerly RCW 43.37.180.]

catchline: Revocation, suspension, modification of license or permit.


title: RCW 70A.10.170

text:
Nothing in this chapter shall be construed to impose or accept any liability or responsibility on the part of the state, the department, or any state officials or employees for any weather modification and control activities of any private person or group, nor to affect in any way any contractual, tortious, or other legal rights, duties, or liabilities between any private persons or groups.
[ 1973 c 64 s 16; 1965 c 8 s 43.37.190. Prior: 1957 c 245 s 19. Formerly RCW 43.37.190.]

catchline: Liability of state denied—Legal rights of private persons not affected.


title: RCW 70A.10.180

text:
Any person violating any of the provisions of this chapter or any lawful regulation or order issued pursuant thereto, shall be guilty of a misdemeanor; and a continuing violation is punishable as a separate offense for each day during which it occurs.
[ 1965 c 8 s 43.37.200. Prior: 1957 c 245 s 20. Formerly RCW 43.37.200.]

catchline: Penalty.


title: RCW 70A.10.190

text:
The legislature finds and declares that when prolonged lack of precipitation or shortages of water supply in the state cause severe hardships affecting the health, safety, and welfare of the people of the state, a program to increase precipitation is occasionally needed for the generation of hydroelectric power, for domestic purposes, and to alleviate hardships created by the threat of forest fires and shortages of water for agriculture. Cloud seeding has been demonstrated to be such a program of weather modification with increasing scientific certainty.
[ 1981 c 278 s 1. Formerly RCW 43.37.210.]

catchline: Legislative declaration.


title: RCW 70A.10.200

text:
The director of ecology may establish by rule under chapter 34.05 RCW a program of emergency cloud seeding. The director may include in these rules standards and guidelines for determining the situations which warrant cloud seeding and the means to be used for cloud seeding.
[ 1981 c 278 s 2. Formerly RCW 43.37.215.]
Notes:
Actions during state of emergency exempt from chapter 43.21C RCW: RCW 43.21C.210.

catchline: Program of emergency cloud seeding authorized.


title: RCW 70A.10.210

text:
Upon a proclamation of a state of emergency, related to a lack of precipitation or a shortage of water supply, by the governor under RCW 43.06.210, the department shall exempt a licensee from the requirements of RCW 70A.10.090 (2) and (6) and 70A.10.120.
[ 2020 c 20 s 1049; 1981 c 278 s 3. Formerly RCW 43.37.220.]
Notes:
Actions during state of emergency exempt from chapter 43.21C RCW: RCW 43.21C.210.

catchline: Exemption of licensee from certain requirements.


title: RCW 70A.10.900

text:
The effective date of this 1973 amendatory act shall be July 1, 1973.
[ 1973 c 64 s 18. Formerly RCW 43.37.910.]

catchline: Effective date—1973 c 64.


title: RCW 70A.100.010

text:
The legislature hereby finds that an adequate supply of potable water for domestic, commercial, and industrial use is vital to the health and well-being of the people of the state. Readily available water for use in public water systems is limited and should be developed and used efficiently with a minimum of loss or waste.
In order to maximize efficient and effective development of the state's public water supply systems, the department of health shall assist water purveyors by providing a procedure to coordinate the planning of the public water supply systems.
[ 1991 c 3 s 365; 1977 ex.s. c 142 s 1. Formerly RCW 70.116.010.]


title: RCW 70A.100.020

text:
The purposes of this chapter are:
(1) To provide for the establishment of critical water supply service areas related to water utility planning and development;
(2) To provide for the development of minimum planning and design standards for critical water supply service areas to insure that water systems developed in these areas are consistent with regional needs;
(3) To assist in the orderly and efficient administration of state financial assistance programs for public water systems; and
(4) To assist public water systems to meet reasonable standards of quality, quantity and pressure.
[ 1977 ex.s. c 142 s 2. Formerly RCW 70.116.020.]

catchline: Declaration of purpose.


title: RCW 70A.100.030

text:
Unless the context clearly requires otherwise, the following terms when used in this chapter shall be defined as follows:
(1) "Coordinated water system plan" means a plan for public water systems within a critical water supply service area which identifies the present and future needs of the systems and sets forth means for meeting those needs in the most efficient manner possible. Such a plan shall include provisions for subsequently updating the plan. In areas where more than one water system exists, a coordinated plan may consist of either: (a) A new plan developed for the area following its designation as a critical water supply service area; or (b) a compilation of compatible water system plans existing at the time of such designation and containing such supplementary provisions as are necessary to satisfy the requirements of this chapter. Any such coordinated plan must include provisions regarding: Future service area designations; assessment of the feasibility of shared source, transmission, and storage facilities; emergency inter-ties; design standards; and other concerns related to the construction and operation of the water system facilities.
(2) "Critical water supply service area" means a geographical area which is characterized by a proliferation of small, inadequate water systems, or by water supply problems which threaten the present or future water quality or reliability of service in such a manner that efficient and orderly development may best be achieved through coordinated planning by the water utilities in the area.
(3) "Public water system" means any system providing water intended for, or used for, human consumption or other domestic uses. It includes, but is not limited to, the source, treatment for purifying purposes only, storage, transmission, pumping, and distribution facilities where water is furnished to any community, or number of individuals, or is made available to the public for human consumption or domestic use, but excluding water systems serving one single-family residence. However, systems existing on September 21, 1977 which are owner operated and serve less than ten single-family residences or which serve only one industrial plant shall be excluded from this definition and the provisions of this chapter.
(4) "Purveyor" means any agency or subdivision of the state or any municipal corporation, firm, company, mutual or cooperative association, institution, partnership, or person or any other entity, that owns or operates for wholesale or retail service a public water system. It also means the authorized agents of any such entities.
(5) "Secretary" means the secretary of the department of health or the secretary's authorized representative.
(6) "Service area" means a specific geographical area serviced or for which service is planned by a purveyor.
[ 1991 c 3 s 366; 1977 ex.s. c 142 s 3. Formerly RCW 70.116.030.]

catchline: Definitions.


title: RCW 70A.100.040

text:
(1) The secretary and the appropriate local planning agencies and purveyors, shall study geographical areas where water supply problems related to uncoordinated planning, inadequate water quality or unreliable service appear to exist. If the results of the study indicate that such water supply problems do exist, the secretary or the county legislative authority shall designate the area involved as being a critical water supply service area, consult with the appropriate local planning agencies and purveyors, and appoint a committee of not less than three representatives therefrom solely for the purpose of establishing the proposed external boundaries of the critical water supply service area. The committee shall include a representative from each purveyor serving more than fifty customers, the county legislative authority, county planning agency, and health agencies. Such proposed boundaries shall be established within six months of the appointment of the committee.
During the six month period following the establishment of the proposed external boundaries of the critical water supply services areas, the county legislative authority shall conduct public hearings on the proposed boundaries and shall modify or ratify the proposed boundaries in accordance with the findings of the public hearings. The boundaries shall reflect the existing land usage, and permitted densities in county plans, ordinances, and/or growth policies. If the proposed boundaries are not modified during the six month period, the proposed boundaries shall be automatically ratified and be the critical water supply service area.
After establishment of the external boundaries of the critical water supply service area, no new public water systems may be approved within the boundary area unless an existing water purveyor is unable to provide water service.
(2) At the time a critical water supply service area is established, the external boundaries for such area shall not include any fractional part of a purveyor's existing contiguous service area.
(3) The external boundaries of the critical water supply service area may be amended in accordance with procedures prescribed in subsection (1) of this section for the establishment of the critical water supply service areas when such amendment is necessary to accomplish the purposes of this chapter.
[ 1977 ex.s. c 142 s 4. Formerly RCW 70.116.040.]

catchline: Critical water supply service area—Designation—Establishment or amendment of external boundaries—Procedures.


title: RCW 70A.100.050

text:
(1) Each purveyor within the boundaries of a critical water supply service area shall develop a water system plan for the purveyor's future service area if such a plan has not already been developed: PROVIDED, That nonmunicipally owned public water systems are exempt from the planning requirements of this chapter, except for the establishment of service area boundaries if they have no plans for water service beyond their existing service area: PROVIDED FURTHER, That if the county legislative authority permits a change in development that will increase the demand for water service of such a system beyond the existing system's ability to provide minimum water service, the purveyor shall develop a water system plan in accordance with this section. The establishment of future service area boundaries shall be in accordance with RCW 70A.100.070.
(2) After the boundaries of a critical water supply service area have been established pursuant to RCW 70A.100.040, the committee established in RCW 70A.100.040 shall participate in the development of a coordinated water system plan for the designated area. Such a plan shall incorporate all water system plans developed pursuant to subsection (1) of this section. The plan shall provide for maximum integration and coordination of public water system facilities consistent with the protection and enhancement of the public health and well-being. Decisions of the committee shall be by majority vote of those present at meetings of the committee.
(3) Those portions of a critical water supply service area not yet served by a public water system shall have a coordinated water system plan developed by existing purveyors based upon permitted densities in county plans, ordinances, and/or growth policies for a minimum of five years beyond the date of establishment of the boundaries of the critical water supply service area.
(4) To insure that the plan incorporates the proper designs to protect public health, the secretary shall adopt regulations pursuant to chapter 34.05 RCW concerning the scope and content of coordinated water system plans, and shall ensure, as minimum requirements, that such plans:
(a) Are reviewed by the appropriate local governmental agency to insure that the plan is not inconsistent with the land use plans, shoreline master programs, and/or developmental policies of the general purpose local government or governments whose jurisdiction the water system plan affects.
(b) Recognize all water resource plans, water quality plans, and water pollution control plans which have been adopted by units of local, regional, and state government.
(c) Incorporate the fire protection standards developed pursuant to RCW 70A.100.080.
(d) Identify the future service area boundaries of the public water system or systems included in the plan within the critical water supply service area.
(e) Identify feasible emergency inter-ties between adjacent purveyors.
(f) Include satellite system management requirements consistent with RCW 70A.100.130.
(g) Include policies and procedures that generally address failing water systems for which counties may become responsible under RCW 43.70.195.
(5) If a "water general plan" for a critical water supply service area or portion thereof has been prepared pursuant to chapter 36.94 RCW and such a plan meets the requirements of subsections (1) and (4) of this section, such a plan shall constitute the coordinated water system plan for the applicable geographical area.
(6) The committee established in RCW 70A.100.040 may develop and utilize a mechanism for addressing disputes that arise in the development of the coordinated water system plan.
(7) Prior to the submission of a coordinated water system plan to the secretary for approval pursuant to RCW 70A.100.060, the legislative authorities of the counties in which the critical water supply service area is located shall hold a public hearing thereon and shall determine the plan's consistency with subsection (4) of this section. If within sixty days of receipt of the plan, the legislative authorities find any segment of a proposed service area of a purveyor's plan or any segment of the coordinated water system plan to be inconsistent with any current land use plans, shoreline master programs, and/or developmental policies of the general purpose local government or governments whose jurisdiction the water system plan affects, the secretary shall not approve that portion of the plan until the inconsistency is resolved between the local government and the purveyor. If no comments have been received from the legislative authorities within sixty days of receipt of the plan, the secretary may consider the plan for approval.
(8) Any county legislative authority may adopt an abbreviated plan for the provision of water supplies within its boundaries that includes provisions for service area boundaries, minimum design criteria, and review process. The elements of the abbreviated plan shall conform to the criteria established by the department under subsection (4) of this section and shall otherwise be consistent with other adopted land use and resource plans. The county legislative authority may, in lieu of the committee required under RCW 70A.100.040, and the procedures authorized in this section, utilize an advisory committee that is representative of the water utilities and local governments within its jurisdiction to assist in the preparation of the abbreviated plan, which may be adopted by resolution and submitted to the secretary for approval. Purveyors within the boundaries covered by the abbreviated plan need not develop a water system plan, except to the extent required by the secretary or state board of health under other authority. Any abbreviated plan adopted by a county legislative authority pursuant to this subsection shall be subject to the same provisions contained in RCW 70A.100.060 for coordinated water system plans that are approved by the secretary.
[ 2020 c 20 s 1327; 1995 c 376 s 7; 1977 ex.s. c 142 s 5. Formerly RCW 70.116.050.]
Notes:
Findings—1995 c 376: See note following RCW 70A.100.060.

catchline: Development of water system plans for critical water supply service areas.


title: RCW 70A.100.060

text:
(1) A coordinated water system plan shall be submitted to the secretary for design approval within two years of the establishment of the boundaries of a critical water supply service area.
(2) The secretary shall review the coordinated water system plan and, to the extent the plan is consistent with the requirements of this chapter and regulations adopted hereunder, shall approve the plan, provided that the secretary shall not approve those portions of a coordinated water system plan that fail to meet the requirements for future service area boundaries until any boundary dispute is resolved as set forth in RCW 70A.100.070.
(3) Following the approval of a coordinated water system plan by the secretary:
(a) All purveyors constructing or proposing to construct public water system facilities within the area covered by the plan shall comply with the plan.
(b) No other purveyor shall establish a public water system within the area covered by the plan, unless the local legislative authority determines that existing purveyors are unable to provide the service in a timely and reasonable manner, pursuant to guidelines developed by the secretary. An existing purveyor is unable to provide the service in a timely manner if the water cannot be provided to an applicant for water within one hundred twenty days unless specified otherwise by the local legislative authority. If such a determination is made, the local legislative authority shall require the new public water system to be constructed in accordance with the construction standards and specifications embodied in the coordinated water system plan approved for the area. The service area boundaries in the coordinated plan for the affected utilities shall be revised to reflect the decision of the local legislative authority.
(4) The secretary may deny proposals to establish or to expand any public water system within a critical water supply service area for which there is not an approved coordinated water system plan at any time after two years of the establishment of the critical water supply service area: PROVIDED, That service connections shall not be considered expansions.
(5) The affected legislative authorities may develop and utilize a mechanism for addressing disputes that arise in the implementation of the coordinated water system plan after the plan has been approved by the secretary.
(6) After adoption of the initial coordinated water system plan, the local legislative authority or the secretary may determine that the plan should be updated or revised. The legislative authority may initiate an update at any time, but the secretary may initiate an update no more frequently than once every five years. The update may encompass all or a portion of the plan, with the scope of the update to be determined by the secretary and the legislative authority. The process for the update shall be the one prescribed in RCW 70A.100.050.
(7) The provisions of subsection (3) of this section shall not apply in any county for which a coordinated water system plan has not been approved under subsection (2) of this section.
(8) If the secretary initiates an update or revision of a coordinated water system plan, the state shall pay for the cost of updating or revising the plan.
[ 2020 c 20 s 1328; 1995 c 376 s 2; 1977 ex.s. c 142 s 6. Formerly RCW 70.116.060.]
Notes:
Findings—1995 c 376: "The legislature finds that:
(1) Protection of the state's water resources, and utilization of such resources for provision of public water supplies, requires more efficient and effective management than is currently provided under state law;
(2) The provision of public water supplies to the people of the state should be undertaken in a manner that is consistent with the planning principles of the growth management act and the comprehensive plans adopted by local governments under the growth management act;
(3) Small water systems have inherent difficulties with proper planning, operation, financing, management and maintenance. The ability of such systems to provide safe and reliable supplies to their customers on a long-term basis needs to be assured through proper management and training of operators;
(4) New water quality standards and operational requirements for public water systems will soon generate higher rates for the customers of those systems, which may be difficult for customers to afford to pay. It is in the best interest of the people of this state that small systems maintain themselves in a financially viable condition;
(5) The drinking water 2000 task force has recommended maintaining a strong and properly funded statewide drinking water program, retaining primary responsibility for administering the federal safe drinking water act in Washington. The task force has further recommended delegation of as many water system regulatory functions as possible to local governments, with provision of adequate resources and elimination of barriers to such delegation. In order to achieve these objectives, the state shall provide adequate funding from both general state funds and funding directly from the regulated water system;
(6) The public health services improvement plan recommends that the principal public health functions in Washington, including regulation of public water systems, should be fully funded by state revenues and undertaken by local jurisdictions with the capacity to perform them; and
(7) State government, local governments, water suppliers, and other interested parties should work for continuing economic growth of the state by maximizing the use of existing water supply management alternatives, including regional water systems, satellite management, and coordinated water system development." [ 1995 c 376 s 1.]

catchline: Approval of coordinated water system plan—Limitations following approval—Dispute resolution mechanism—Update or revision of plan.


title: RCW 70A.100.070

text:
(1) The proposed service area boundaries of public water systems within the critical water supply service area that are required to submit water system plans under this chapter shall be identified in the system's plan. The local legislative authority, or its planning department or other designee, shall review the proposed boundaries to determine whether the proposed boundaries of one or more systems overlap. The boundaries determined by the local legislative authority not to overlap shall be incorporated into the coordinated water system plan. Where any overlap exists, the local legislative authority may attempt to resolve the conflict through procedures established under RCW 70A.100.060(5).
(2) Any final decision by a local legislative authority regarding overlapping service areas, or any unresolved disputes regarding service area boundaries, may be appealed or referred to the secretary in writing for resolution. After receipt of an appeal or referral, the secretary shall hold a public hearing thereon. The secretary shall provide notice of the hearing by certified mail to each purveyor involved in the dispute, to each county legislative authority having jurisdiction in the area and to the public. The secretary shall provide public notice pursuant to the provisions of chapter 65.16 RCW. Such notice shall be given at least twenty days prior to the hearing. The hearing may be continued from time to time and, at the termination thereof, the secretary may restrict the expansion of service of any purveyor within the area if the secretary finds such restriction is necessary to provide the greatest protection of the public health and well-being.
[ 2020 c 20 s 1329; 1995 c 376 s 13; 1977 ex.s. c 142 s 7. Formerly RCW 70.116.070.]
Notes:
Findings—1995 c 376: See note following RCW 70A.100.060.

catchline: Service area boundaries within critical water supply area.


title: RCW 70A.100.080

text:
The secretary shall adopt performance standards relating to fire protection to be incorporated into the design and construction of public water systems. The standards shall be consistent with recognized national standards. The secretary shall adopt regulations pertaining to the application and enforcement of the standards: PROVIDED, That the regulations shall require the application of the standards for new and expanding systems only. The standards shall apply in critical water supply service areas unless the approved coordinated plan provides for nonfire flow systems.
[ 1977 ex.s. c 142 s 8. Formerly RCW 70.116.080.]

catchline: Performance standards relating to fire protection.


title: RCW 70A.100.090

text:
The assumption of jurisdiction or control of any public water system or systems by a city, town, or code city, shall be subject to the provisions of chapter 35.13A RCW, and the provisions of this chapter shall be superseded by the provisions of chapter 35.13A RCW regarding such an assumption of jurisdiction.
[ 1977 ex.s. c 142 s 9. Formerly RCW 70.116.090.]

catchline: Assumption of jurisdiction or control of public water system by city, town, or code city.


title: RCW 70A.100.100

text:
Nothing in this chapter shall apply to water which is bottled or otherwise packaged in a container for human consumption or domestic use, or to the treatment, storage and transportation facilities used in the processing of the bottled water or the distribution of the bottles or containers of water.
[ 1977 ex.s. c 142 s 10. Formerly RCW 70.116.100.]

catchline: Bottled water exempt.


title: RCW 70A.100.110

text:
Nothing in this chapter shall be construed to alter in any way the existing authority of purveyors and municipal corporations to establish, administer and apply water rates and rate provisions.
[ 1977 ex.s. c 142 s 11. Formerly RCW 70.116.110.]

catchline: Rate making authority preserved.


title: RCW 70A.100.120

text:
This chapter shall be known and may be cited as the "Public Water System Coordination Act of 1977".
[ 1977 ex.s. c 142 s 12. Formerly RCW 70.116.120.]

catchline: Short title.


title: RCW 70A.100.130

text:
(1) The secretary shall adopt rules pursuant to chapter 34.05 RCW establishing criteria for designating individuals or water purveyors as qualified satellite system management agencies. The criteria shall set forth minimum standards for designation as a satellite system management agency qualified to assume ownership, operation, or both, of an existing or proposed public water system. The criteria shall include demonstration of financial integrity and operational capability, and may require demonstration of previous experience in successful operation and management of a public water system.
(2) Each county shall identify potential satellite system management agencies to the secretary for areas where: (a) No purveyor has been designated a future service area pursuant to this chapter, or (b) an existing purveyor is unable or unwilling to provide service. Preference shall be given to public utilities or utility districts or to investor-owned utilities under the jurisdiction of the utilities and transportation commission.
(3) The secretary shall approve satellite system management agencies meeting the established criteria and shall maintain and make available to counties a list of approved agencies. Prior to the construction of a new public water system, the individual(s) proposing the new system or requesting service shall first be directed by the local agency responsible for issuing the construction or building permit to one or more qualified satellite system management agencies designated for the service area where the new system is proposed for the purpose of exploring the possibility of a satellite agency either owning or operating the proposed new water system.
(4) Approved satellite system management agencies shall be reviewed periodically by the secretary for continued compliance with established criteria. The secretary may require status reports and other information necessary for such review. Satellite system management agencies shall be subject to reapproval at the discretion of the secretary but not less than once every five years.
(5) The secretary may assess reasonable fees to process applications for initial approval and for periodic review of satellite system management agencies.
(6) For purposes of this section, "satellite system management agency" and "satellite agency" shall mean a person or entity that is certified by the secretary to own or operate more than one public water system on a regional or countywide basis, without the necessity for a physical connection between such systems.
[ 2013 c 251 s 8; 1991 c 18 s 1. Formerly RCW 70.116.134.]
Notes:
Residual balance of funds—Effective date—2013 c 251: See notes following RCW 41.06.280.

catchline: Satellite system management agencies—Definitions.


title: RCW 70A.100.140

text:
For any new or revised water or sewer system plan submitted for review under this chapter, the department of health shall review and either approve, conditionally approve, reject, or request amendments within ninety days of the receipt of the submission of the plan. The department of health may extend this ninety-day time limitation for new submittals by up to an additional ninety days if insufficient time exists to adequately review the general comprehensive plan. For rejections of plans or extensions of the timeline, the department shall provide in writing, to the person or entity submitting the plan, the reason for such action. In addition, the person or entity submitting the plan and the department of health may mutually agree to an extension of the deadlines contained in this section.
[ 2002 c 161 s 3. Formerly RCW 70.116.140.]

catchline: Review of water or sewer system plan—Time limitations—Notice of rejection of plan or extension of timeline.


title: RCW 70A.105.010

text:
The legislature finds that over one million, two hundred thousand persons in the state are not served by sanitary sewers and that they must rely on septic tank systems. The failure of large numbers of such systems has resulted in significant health hazards, loss of property values, and water quality degradation. The legislature further finds that failure of such systems could be reduced by utilization of nonwater-carried sewage disposal systems, or other alternative methods of effluent disposal, as a correctional measure. Wastewater volume diminution and disposal of most of the high bacterial waste through composting or other alternative methods of effluent disposal would result in restorative improvement or correction of existing substandard systems.
[ 1977 ex.s. c 133 s 1. Formerly RCW 70.118.010.]

catchline: Legislative declaration.


title: RCW 70A.105.020

text:
As used in this chapter, the terms defined in this section shall have the meanings indicated unless the context clearly indicates otherwise.
(1) "Nonwater-carried sewage disposal devices" means any device that stores and treats nonwater-carried human urine and feces.
(2) "Alternative methods of effluent disposal" means systems approved by the department of health, including at least, mound systems, alternating drainfields, anaerobic filters, evapotranspiration systems, and aerobic systems.
(3) "Failure" means: (a) Effluent has been discharged on the surface of the ground prior to approved treatment; or (b) effluent has percolated to the surface of the ground; or (c) effluent has contaminated or threatens to contaminate a groundwater supply.
(4) "Additive" means any commercial product intended to affect the performance or aesthetics of an on-site sewage disposal system.
(5) "Department" means the department of health.
(6) "On-site sewage disposal system" means any system of piping, treatment devices, or other facilities that convey, store, treat, or dispose of sewage on the property where it originates or on nearby property under the control of the user where the system is not connected to a public sewer system. For purposes of this chapter, an on-site sewage disposal system does not include indoor plumbing and associated fixtures.
(7) "Chemical additive" means those additives containing acids, bases, or other chemicals deemed unsafe by the department for use in an on-site sewage disposal system.
(8) "Additive manufacturer" means any person who manufactures, formulates, blends, packages, or repackages an additive product for sale, use, or distribution within the state.
[ 1994 c 281 s 2; 1993 c 321 s 2; 1991 c 3 s 367; 1977 ex.s. c 133 s 2. Formerly RCW 70.118.020.]
Notes:
Finding—Purpose—1994 c 281: "The legislature finds that chemical additives do, and that other types of additives may, contribute to septic system failure and groundwater contamination. In order to determine which ingredients of nonchemically based additive products have adverse effects on public health or the environment, it is necessary to submit such products to a review procedure.
The purpose of this act is: (1) To establish a timely and orderly procedure for review and approval of on-site sewage disposal system additives; (2) to prohibit the use, sale, or distribution of additives having an adverse effect on public health or the water quality of the state; (3) to require the disclosure of the contents of additives that are advertised, sold, or distributed in the state; and (4) to provide for consumer protection." [ 1994 c 281 s 1.]
Effective date—1994 c 281: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 1, 1994]." [ 1994 c 281 s 7.]
Intent—1993 c 321: See note following RCW 70A.105.060.


title: RCW 70A.105.030

text:
(1) Local boards of health shall identify failing septic tank drainfield systems in the normal manner and will use reasonable effort to determine new failures. The local health officer, environmental health director, or equivalent officer may apply for an administrative search warrant to a court official authorized to issue a criminal search warrant. The warrant may only be applied for after the local health officer or the health officer's designee has requested inspection of the person's property under the specific administrative plan required in this section, and the person has refused the health officer or the health officer's designee access to the person's property. Timely notice must be given to any affected person that a warrant is being requested and that the person may be present at any court proceeding to consider the requested search warrant. The court official may issue the warrant upon probable cause. A request for a search warrant must show [that] the inspection, examination, test, or sampling is in response to pollution in commercial or recreational shellfish harvesting areas or pollution in fresh water. A specific administrative plan must be developed expressly in response to the pollution. The local health officer, environmental health director, or equivalent officer shall submit the plan to the court as part of the justification for the warrant, along with specific evidence showing that it is reasonable to believe pollution is coming from the septic system on the property to be accessed for inspection. The plan must include each of the following elements:
(a) The overall goal of the inspection;
(b) The location and identification by address of the properties being authorized for inspection;
(c) Requirements for giving the person owning the property and the person occupying the property if it is someone other than the owner, notice of the plan, its provisions, and times of any inspections;
(d) The survey procedures to be used in the inspection;
(e) The criteria that would be used to define an on-site sewage system failure; and
(f) The follow-up actions that would be pursued once an on-site sewage system failure has been identified and confirmed.
(2) Discretionary judgment will be made in implementing corrections by specifying nonwater-carried sewage disposal devices or other alternative methods of treatment and effluent disposal as a measure of ameliorating existing substandard conditions. Local regulations shall be consistent with the intent and purposes stated in this section.
[ 1998 c 152 s 1; 1977 ex.s. c 133 s 3. Formerly RCW 70.118.030.]

catchline: Local boards of health—Administrative search warrant—Administrative plan—Corrections.


title: RCW 70A.105.040

text:
With the advice of the secretary of the department of health, local boards of health are hereby authorized to waive applicable sections of local plumbing and/or building codes that might prohibit the use of an alternative method for correcting a failure.
[ 1991 c 3 s 368; 1977 ex.s. c 133 s 4. Formerly RCW 70.118.040.]

catchline: Local boards of health—Authority to waive sections of local plumbing and/or building codes.


title: RCW 70A.105.050

text:
If the legislative authority of a county or city finds that more restrictive standards than those contained in *section 2 of this act or those adopted by the state board of health for systems allowed under *section 2 of this act or limitations on expansion of a residence are necessary to ensure protection of the public health, attainment of state water quality standards, and the protection of shellfish and other public resources, the legislative authority may adopt ordinances or resolutions setting standards as they may find necessary for implementing their findings. The legislative authority may identify the geographic areas where it is necessary to implement the more restrictive standards. In addition, the legislative authority may adopt standards for the design, construction, maintenance, and monitoring of sewage disposal systems.
[ 1989 c 349 s 3. Formerly RCW 70.118.050.]
Notes:
*Reviser's note: "Section 2 of this act" did not become law. See effective date note following.
Effective date—1989 c 349: "(1) Except as provided in subsection (2) of this section, this act shall take effect November 1, 1989.
(2) *Section 2 of this act shall not take effect if the state board of health adopts standards for the replacement and repair of existing on-site sewage disposal systems located on property adjacent to marine waters by October 31, 1989." [ 1989 c 349 s 4.]
*Reviser's note: Section 2 of this act did not take effect. See chapter 248-96 WAC.

catchline: Adoption of more restrictive standards.


title: RCW 70A.105.060

text:
(1) After July 1, 1994, a person may not use, sell, or distribute a chemical additive to on-site sewage disposal systems.
(2) After January 1, 1996, no person shall use, sell, or distribute any on-site sewage disposal additive whose ingredients have not been approved by the department.
(3) Each manufacturer of an on-site sewage disposal system additive that is sold, advertised, or distributed in the state shall submit the following information to the department: (a) The name and address of the company; (b) the name of the product; (c) the complete product formulation; (d) the location where the product is manufactured; (e) the intended method of product application; and (f) a request that the product be reviewed.
(4) The department shall adopt rules providing the criteria, review, and decision-making procedures to be used in reviewing on-site sewage disposal additives for use, sale, or distribution in the state. The criteria shall be designed to determine whether the additive has an adverse effect on public health or water quality. The department may charge a fee sufficient to cover the costs of evaluating the additive, including the development of criteria and review procedures. The fee schedule shall be established by rule.
(5) The department shall issue a decision as to whether a product registered pursuant to subsection (3) of this section is approved or denied within forty-five days of receiving a complete evaluation as required pursuant to subsection (4) of this section.
(6) Manufacturers shall reregister their product as provided in subsection (3) of this section each time their product formulation changes. The department may require a new approval for products registered under this subsection prior to allowing the use, sale, or distribution within the state.
(7) The department may contract with private laboratories for the performance of any duties necessary to carry out the purpose of this section.
(8) The attorney general or appropriate city or county prosecuting attorney is authorized to bring an appropriate action to enjoin any violation of the prohibition on the sale or distribution of additives, or to enjoin any violation of the conditions in RCW 70A.105.080.
(9) The department is responsible for providing written notification to additives manufacturers of the provisions of this section and RCW 70A.105.070 and 70A.105.080. The notification shall be provided no later than thirty days after April 1, 1994. Within thirty days of notification from the department, manufacturers shall provide the same notification to their distributors, wholesalers, and retail customers.
[ 2020 c 20 s 1330; 1994 c 281 s 3; 1993 c 321 s 3. Formerly RCW 70.118.060.]
Notes:
Finding—Purpose—Effective date—1994 c 281: See notes following RCW 70A.105.020.
Intent—1993 c 321: "The legislature finds that most additives do not have a positive effect on the operation of on-site systems and can contaminate groundwater aquifers, render septic drainfields dysfunctional, and result in costly repairs to homeowners. It is therefore the intent of the legislature to ban the use, sale, and distribution of additives within the state unless an additive has been specifically approved by the department of health." [ 1993 c 321 s 1.]

catchline: Additive regulation.


title: RCW 70A.105.070

text:
The department shall hold confidential any information obtained pursuant to RCW 70A.105.060 when shown by any manufacturer that such information, if made public, would divulge confidential business information, methods, or processes entitled to protection as trade secrets of the manufacturer.
[ 2020 c 20 s 1331; 1994 c 281 s 4. Formerly RCW 70.118.070.]
Notes:
Finding—Purpose—Effective date—1994 c 281: See notes following RCW 70A.105.020.

catchline: Additives—Confidentiality.


title: RCW 70A.105.080

text:
(1) Each manufacturer of a certified and approved additive product advertised, sold, or distributed in the state shall:
(a) Make no claims relating to the elimination of the need for septic tank pumping or proper septic tank maintenance;
(b) List the components of additive products on the product label, along with information regarding instructions for use and precautions;
(c) Make no false statements, design, or graphic representation relative to an additive product that is inconsistent with RCW 70A.105.060, 70A.105.070, or this section; and
(d) Make no claims, either direct or implied, about the performance of the product based on state approval of its ingredients.
(2) A violation of this section is an unfair act or practice in violation of the consumer protection act, chapter 19.86 RCW.
[ 2020 c 20 s 1332; 1994 c 281 s 5. Formerly RCW 70.118.080.]
Notes:
Finding—Purpose—Effective date—1994 c 281: See notes following RCW 70A.105.020.

catchline: Additives—Unfair practices.


title: RCW 70A.105.090

text:
The department may not use funds appropriated to implement an element of the action agenda developed by the Puget Sound partnership under RCW 90.71.310 to conduct any activity required under chapter 281, Laws of 1994.
[ 2007 c 341 s 61; 1994 c 281 s 6. Formerly RCW 70.118.090.]
Notes:
Effective date—2007 c 341: See RCW 90.71.907.
Finding—Purpose—Effective date—1994 c 281: See notes following RCW 70A.105.020.

catchline: Funding.


title: RCW 70A.105.100

text:
In order to assure that technical guidelines and standards keep pace with advancing technologies, the department of health in collaboration with local health departments and other interested parties, must review and update as appropriate, the state guidelines and standards for alternative on-site sewage disposal every three years. The first review and update must be completed by January 1, 1999.
[ 2010 1st sp.s. c 7 s 80; 1997 c 447 s 5. Formerly RCW 70.118.110.]
Notes:
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.

catchline: Alternative systems—State guidelines and standards.


title: RCW 70A.105.110

text:
(1) The local board of health shall ensure that individuals who conduct inspections of on-site wastewater treatment systems as defined in RCW 18.210.010 or who otherwise conduct reviews of such systems are qualified in the technology and application of on-site sewage treatment principles. A certificate of competency issued by the state board of registration for professional engineers and land surveyors is adequate demonstration that an individual is competent in the engineering aspects of on-site wastewater treatment system technology.
(2) A local board of health may allow noncertified individuals to review designs of, and conduct inspections of, on-site wastewater treatment systems, as defined in RCW 18.210.010, pursuant to this section under the supervision of a certified individual. Such supervised practice may continue for a maximum of four years after the date of hire.
[ 2026 c 210 s 1; 2019 c 442 s 20; 1999 c 263 s 22. Formerly RCW 70.118.120.]

catchline: Inspectors—Certificate of competency.


title: RCW 70A.105.120

text:
A local health officer who is responsible for administering and enforcing regulations regarding on-site sewage disposal systems is authorized to issue civil penalties for violations of those regulations under the same limitations and requirements imposed on the department under RCW 70A.115.050, except that the amount of a penalty shall not exceed one thousand dollars per day for every violation, and judgments shall be entered in the name of the local health jurisdiction and penalties shall be placed into the general fund or funds of the entity or entities operating the local health jurisdiction.
[ 2020 c 20 s 1333; 2007 c 343 s 9. Formerly RCW 70.118.130.]

catchline: Civil penalties.


title: RCW 70A.110.010

text:
The legislature finds that:
(1) Hood Canal and other marine waters in Puget Sound are at risk of severe loss of marine life from low-dissolved oxygen. The increased input of human-influenced nutrients, especially nitrogen, is a factor causing this low-dissolved oxygen condition in some of Puget Sound's waters, in addition to such natural factors as poor overall water circulation and stratification that discourages mixing of surface-to-deeper waters;
(2) A significant portion of the state's residents live in homes served by on-site sewage disposal systems, and many new residences will be served by these systems;
(3) Properly functioning on-site sewage disposal systems largely protect water quality. However, improperly functioning on-site sewage disposal systems in marine recovery areas may contaminate surface water, causing public health problems;
(4) Local programs designed to identify and correct failing on-site sewage disposal systems have proven effective in reducing and eliminating public health hazards, improving water quality, and reopening previously closed shellfish areas; and
(5) State water quality monitoring data and analysis can help to focus these enhanced local programs on specific geographic areas that are sources of pollutants degrading Puget Sound waters.
Therefore, it is the purpose of this chapter to authorize enhanced local programs in marine recovery areas to inventory existing on-site sewage disposal systems, to identify the location of all on-site sewage disposal systems in marine recovery areas, to require inspection of on-site sewage disposal systems and repairs to failing systems, to develop electronic data systems capable of sharing information regarding on-site sewage disposal systems, and to monitor these programs to ensure that they are working to protect public health and Puget Sound water quality.
[ 2006 c 18 s 1. Formerly RCW 70.118A.010.]

catchline: Findings—Purpose.


title: RCW 70A.110.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Board" means the state board of health.
(2) "Department" means the department of health.
(3) "Failing" means a condition of an existing on-site sewage disposal system or component 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 a failing on-site sewage disposal system include:
(a) Sewage on the surface of the ground;
(b) Sewage backing up into a structure caused by slow soil absorption of septic tank effluent;
(c) Sewage leaking from a sewage tank or collection system;
(d) Cesspools or seepage pits where evidence of groundwater or surface water quality degradation exists;
(e) Inadequately treated effluent contaminating groundwater or surface water; or
(f) Noncompliance with standards stipulated on the permit.
(4) "Local health officer" or "local health jurisdiction" means the local health officers and local health jurisdictions in the following counties bordering Puget Sound: Clallam, Island, Kitsap, Jefferson, Mason, San Juan, Seattle-King, Skagit, Snohomish, Tacoma-Pierce, Thurston, and Whatcom.
(5) "Marine recovery area" means an area of definite boundaries where the local health officer, or the department in consultation with the health officer, determines that additional requirements for existing on-site sewage disposal systems may be necessary to reduce potential failing systems or minimize negative impacts of on-site sewage disposal systems.
(6) "Marine recovery area on-site strategy" or "on-site strategy" means a local health jurisdiction's on-site sewage disposal system strategy required under RCW 70A.110.050. This strategy is a component of the on-site program management plan required under RCW 70A.110.030.
(7) "On-site sewage disposal system" means an integrated system of components, located on or nearby the property it serves, that conveys, stores, treats, or provides subsurface soil treatment and dispersal of sewage. It consists of a collection system, a treatment component or treatment sequence, and a soil dispersal component. An on-site sewage disposal system also refers to a holding tank sewage system or other system that does not have a soil dispersal component. For purposes of this chapter, the term "on-site sewage disposal system" does not include any system regulated by a water quality discharge permit issued under chapter 90.48 RCW.
(8) "Unknown system" means an on-site sewage disposal system that was installed without the knowledge or approval of the local health jurisdiction, including those that were installed before such approval was required.
[ 2020 c 20 s 1334; 2006 c 18 s 2. Formerly RCW 70.118A.020.]

catchline: Definitions.


title: RCW 70A.110.030

text:
By July 1, 2007, the local health officers of health jurisdictions in the twelve counties bordering Puget Sound shall develop a written on-site program management plan to provide guidance to the local health jurisdiction.
[ 2006 c 18 s 3. Formerly RCW 70.118A.030.]

catchline: Local health officers to develop a written on-site program management plan.


title: RCW 70A.110.040

text:
(1) In developing on-site program management plans required under RCW 70A.110.030, the local health officer shall propose a marine recovery area for those land areas where existing on-site sewage disposal systems are a significant factor contributing to concerns associated with:
(a) Shellfish growing areas that have been threatened or downgraded by the department under chapter 69.30 RCW;
(b) Marine waters that are listed by the department of ecology under section 303(d) of the federal clean water act (33 U.S.C. Sec. 1251 et seq.) for low-dissolved oxygen or fecal coliform; or
(c) Marine waters where nitrogen has been identified as a contaminant of concern by the local health officer.
(2) In determining the boundaries for a marine recovery area, the local health officer shall assess and include those land areas where existing on-site sewage disposal systems may affect water quality in the marine recovery area.
(3) Determinations made by the local health officer under this section, including identification of nitrogen as a contaminant of concern, will be based on published guidance developed by the department. The guidance must be designed to ensure the proper use of available scientific and technical data. The health officer shall document the basis for these determinations when plans are submitted to the department.
(4) After July 1, 2007, the local health officer may designate additional marine recovery areas meeting the criteria of this section, according to new information. Where the department recommends the designation of a marine recovery area or expansion of a designated marine recovery area, the local health officer shall notify the department of its decision concerning the recommendation within ninety days of receipt of the recommendation.
[ 2020 c 20 s 1335; 2006 c 18 s 4. Formerly RCW 70.118A.040.]

catchline: Local health officers—Determination of marine recovery areas.


title: RCW 70A.110.050

text:
(1) The local health officer of a local health jurisdiction where a marine recovery area has been proposed under RCW 70A.110.040 shall develop and approve a marine recovery area on-site strategy that includes designation of marine recovery areas to guide the local health jurisdiction in developing and managing all existing on-site sewage disposal systems within marine recovery areas within its jurisdiction. The on-site strategy must be a component of the program management plan required under RCW 70A.110.030. The department may grant an extension of twelve months where a local health jurisdiction has demonstrated substantial progress toward completing its on-site strategy.
(2) An on-site strategy for a marine recovery area must specify how the local health jurisdiction will by July 1, 2012, and thereafter, find:
(a) Existing failing systems and ensure that system owners make necessary repairs; and
(b) Unknown systems and ensure that they are inspected as required to ensure that they are functioning properly, and repaired, if necessary.
[ 2020 c 20 s 1336; 2006 c 18 s 5. Formerly RCW 70.118A.050.]

catchline: Marine recovery area on-site strategy.


title: RCW 70A.110.060

text:
In a marine recovery area, each local health officer shall:
(1) Require that on-site sewage disposal system maintenance specialists, septic tank pumpers, or others performing on-site sewage disposal system inspections submit reports or inspection results to the local health jurisdiction regarding any failing system; and
(2) Develop and maintain an electronic data system of all on-site sewage disposal systems within a marine recovery area to enable the local health jurisdiction to actively manage on-site sewage disposal systems. In assisting development of electronic data systems, the department shall work with local health jurisdictions with marine recovery areas and the on-site sewage disposal system industry to develop common forms and protocols to facilitate sharing of data. A marine recovery area on-site sewage disposal electronic data system must be compatible with all on-site sewage disposal electronic data systems used throughout a local health jurisdiction.
[ 2006 c 18 s 6. Formerly RCW 70.118A.060.]

catchline: Local health officer duties—Electronic data systems.


title: RCW 70A.110.070

text:
(1) The on-site program management plans of local health jurisdictions required under RCW 70A.110.030 must be submitted to the department by July 1, 2007, and be reviewed to determine if they contain all necessary elements. The department shall provide in writing to the local board of health its review of the completeness of the plan. The board may adopt additional criteria by rule for approving plans.
(2) In reviewing the on-site strategy component of the plan, the department shall ensure that all required elements, including designation of any marine recovery area, have been addressed.
(3) Within thirty days of receiving an on-site strategy, the department shall either approve the on-site strategy or provide in writing the reasons for not approving the strategy and recommend changes. If the department does not approve the on-site strategy, the local health officer must amend and resubmit the plan to the department for approval.
(4) Upon receipt of department approval or after thirty days without notification, whichever comes first, the local health officer shall implement the on-site strategy.
(5) If the department denies approval of an on-site strategy, the local health officer may appeal the denial to the board. The board must make a final determination concerning the denial.
(6) The department shall assist local health jurisdictions in:
(a) Developing written on-site program management plans required by RCW 70A.110.030;
(b) Identifying reasonable methods for finding unknown systems; and
(c) Developing or enhancing electronic data systems that will enable each local health jurisdiction to actively manage all on-site sewage disposal systems within their jurisdictions, with priority given to those on-site sewage disposal systems that are located in or which could affect designated marine recovery areas.
[ 2020 c 20 s 1337; 2006 c 18 s 7. Formerly RCW 70.118A.070.]

catchline: Department review of on-site program management plans—Assistance to local health jurisdictions.


title: RCW 70A.110.080

text:
(1) The department shall enter into a contract with each local health jurisdiction subject to the requirements of this chapter to implement plans developed under this chapter, and to develop or enhance electronic data systems required by this chapter. The contract must include state funding assistance to the local health jurisdiction from funds appropriated to the department for this purpose.
(2) The contract must require, at a minimum, that within a marine recovery area, the local health jurisdiction:
(a) Show progressive improvement in finding failing systems;
(b) Show progressive improvement in working with on-site sewage disposal system owners to make needed system repairs;
(c) Is actively taking steps to find previously unknown systems and ensuring that they are inspected as required and repaired if necessary;
(d) Show progressive improvement in the percentage of on-site sewage disposal systems that are included in an electronic data system; and
(e) Of those on-site sewage disposal systems in the electronic data system, show progressive improvement in the percentage that have had required inspections.
(3) The contract must also include provisions for state assistance in updating the plan. Beginning July 1, 2012, the contract may adopt revised compliance dates, including those in RCW 70A.110.050, where the local health jurisdiction has demonstrated substantial progress in updating the on-site strategy.
(4) The department shall convene a work group for the purpose of making recommendations to the appropriate committees of the legislature for the development of certification or licensing of maintenance specialists. The work group shall make its recommendation with consideration given to the 1998 report to the legislature entitled "On-Site Wastewater Certification Work Group" as it pertains to maintenance specialists. The work group may give priority to appropriate levels of certification or licensure of maintenance specialists who work in the Puget Sound basin.
[ 2020 c 20 s 1338; 2006 c 18 s 8. Formerly RCW 70.118A.080.]

catchline: Department to contract with local health jurisdictions—Funding assistance—Requirements—Revised compliance dates—Work group.


title: RCW 70A.110.090

text:
The provisions of this chapter are supplemental to all other authorities governing on-site sewage disposal systems, including chapter 70A.105 RCW and rules adopted under that chapter.
[ 2020 c 20 s 1339; 2006 c 18 s 9. Formerly RCW 70.118A.090.]

catchline: Chapter to supplement chapter 70A.105 RCW.


title: RCW 70A.110.100

text:
Nothing in this chapter prohibits a county from relying on self-inspection of on-site sewage systems consistent with RCW 36.70A.690 or eliminates the requirement that counties protect water quality consistent with RCW 36.70A.070 (1) and (5).
[ 2017 c 105 s 2. Formerly RCW 70.118A.100.]

catchline: Self-inspection of systems.


title: RCW 70A.115.005

text:
The legislature finds that:
(1) Protection of the environment and public health requires properly designed, operated, and maintained on-site sewage systems. Failure of those systems can pose certain health and environmental hazards if sewage leaks above ground or if untreated sewage reaches surface or groundwater.
(2) Chapter 70A.110 RCW provides a framework for ongoing management of on-site sewage systems located in marine recovery areas and regulated by local health jurisdictions under state board of health rules. This chapter will provide a framework for comprehensive management of large on-site sewage systems statewide.
(3) The primary purpose of this chapter is to establish, in a single state agency, comprehensive regulation of the design, operation, and maintenance of large on-site sewage systems, and their operators, that provides both public health and environmental protection. To accomplish these purposes, this chapter provides for:
(a) The permitting and continuing oversight of large on-site sewage systems;
(b) The establishment by the department of standards and rules for the siting, design, construction, installation, operation, maintenance, and repair of large on-site sewage systems; and
(c) The enforcement by the department of the standards and rules established under this chapter.
[ 2020 c 20 s 1340; 2007 c 343 s 1. Formerly RCW 70.118B.005.]

catchline: Findings.


title: RCW 70A.115.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the state department of health.
(2) "Industrial wastewater" means the water or liquid carried waste from an industrial process. These wastes may result from any process or activity of industry, manufacture, trade, or business, from the development of any natural resource, or from animal operations such as feedlots, poultry houses, or dairies. The term includes contaminated stormwater and leachate from solid waste facilities.
(3) "Large on-site sewage system" means an on-site sewage system with design flows of between three thousand five hundred gallons per day and one hundred thousand gallons per day.
(4) "On-site sewage system" means an integrated system of components, located on or nearby the property it serves, that conveys, stores, treats, and provides subsurface soil treatment and disposal of domestic sewage. It consists of a collection system, a treatment component or treatment sequence, and a subsurface soil disposal component. It may or may not include a mechanical treatment system. An on-site sewage system also refers to a holding tank sewage system or other system that does not have a soil dispersal component. A holding tank that discharges to a sewer is not included in the definition of on-site sewage system. A system into which stormwater or industrial wastewater is discharged is not included in the definition of on-site sewage system.
(5) "Person" means any individual, corporation, company, association, firm, partnership, governmental agency, or any other entity whatsoever, and the authorized agents of any such entities.
(6) "Secretary" means the secretary of health.
(7) "Waters of the state" has the same meaning as defined in RCW 90.48.020.
[ 2007 c 343 s 2. Formerly RCW 70.118B.010.]


title: RCW 70A.115.020

text:
(1) For the protection of human health and the environment the department shall:
(a) Establish and provide for the comprehensive regulation of large on-site sewage systems including, but not limited to, system siting, design, construction, installation, operation, maintenance, and repair;
(b) Control and prevent pollution of streams, lakes, rivers, ponds, inland waters, salt waters, water courses, and other surface and underground waters of the state of Washington, except to the extent authorized by permits issued under this chapter;
(c) Issue annual operating permits for large on-site sewage systems based on the system's ability to function properly in compliance with the applicable comprehensive regulatory requirements; and
(d) Enforce the large on-site sewage system requirements.
(2) Large on-site sewage systems permitted by the department may not be used for treatment and disposal of industrial wastewater or combined sanitary sewer and stormwater systems.
(3) The work group convened under RCW 70A.110.080(4) to make recommendations to the appropriate committees of the legislature for the development of certification or licensing of maintenance specialists shall include recommendations for the development of certification or licensing of large on-site sewage system operators.
[ 2020 c 20 s 1341; 2007 c 343 s 3. Formerly RCW 70.118B.020.]


title: RCW 70A.115.030

text:
(1) A person may not install or operate a large on-site sewage system without an operating permit as provided in this chapter after July 1, 2009. The owner of the system is responsible for obtaining a permit.
(2) The department shall issue operating permits in accordance with the rules adopted under RCW 70A.115.040.
(3) The department shall ensure the system meets all applicable siting, design, construction, and installation requirements prior to issuing an initial operating permit. Prior to renewing an operating permit, the department may review the performance of the system to determine compliance with rules and any permit conditions.
(4) At the time of initial permit application or at the time of permit renewal the department shall impose those permit conditions, requirements for system improvements, and compliance schedules as it determines are reasonable and necessary to ensure that the system will be operated and maintained properly. Each application must be accompanied by a fee as established in rules adopted by the department.
(5) Operating permits shall be issued for a term of one year, and shall be renewed annually, unless the operator fails to apply for a new permit or the department finds good cause to deny the application for renewal.
(6) Each permit may be issued only for the site and owner named in the application. Permits are not transferable or assignable except with the written approval of the department.
(7) The department may deny an application for a permit or modify, suspend, or revoke a permit in any case in which it finds that the permit was obtained by fraud or there is or has been a failure, refusal, or inability to comply with the requirements of this chapter or the standards or rules adopted under this chapter. RCW 43.70.115 governs notice of denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding to the permit applicant or permittee.
(8) For systems with design flows of more than fourteen thousand five hundred gallons per day, the department shall adopt rules to ensure adequate public notice and opportunity for review and comment on initial large on-site sewage system permit applications and subsequent permit applications to increase the volume of waste disposal or change effluent characteristics. The rules must include provisions for notice of final decisions. Methods for providing notice may include email, posting on the department's internet site, publication in a local newspaper, press releases, mailings, or other means of notification the department determines appropriate.
(9) A person aggrieved by the issuance of an initial permit, or by the issuance of a subsequent permit to increase the volume of waste disposal or to change effluent characteristics, for systems with design flows of more than fourteen thousand five hundred gallons per day, has the right to an adjudicative proceeding. The application for an adjudicative proceeding must be in writing, state the basis for contesting the action, include a copy of the decision, be served on and received by the department within twenty-eight days of receipt of notice of the final decision, and be served in a manner that shows proof of receipt. An adjudicative proceeding conducted under this subsection is governed by chapter 34.05 RCW.
(10) Any permit issued by the department of ecology for a large on-site sewage system under chapter 90.48 RCW is valid until it first expires after July 22, 2007. The system owner shall apply for an operating permit at least one hundred twenty days prior to expiration of the department of ecology permit.
(11) Systems required to meet operator certification requirements under chapter 70A.212 RCW must continue to meet those requirements as a condition of the department operating permit.
[ 2020 c 20 s 1342; 2007 c 343 s 4. Formerly RCW 70.118B.030.]

catchline: Operating permits required—Application.


title: RCW 70A.115.040

text:
(1) For the protection of human health and the environment, the secretary shall adopt rules for the comprehensive regulation of large on-site sewage systems, which includes, but is not limited to, the siting, design, construction, installation, maintenance, repair, and permitting of the systems.
(2) In adopting the rules, the secretary shall, in consultation with the department of ecology, require that large on-site sewage systems comply with the applicable sections of chapter 90.48 RCW regarding control and prevention of pollution of waters of the state, including but not limited to:
(a) Surface and groundwater standards established under RCW 90.48.035; and
(b) Those provisions requiring all known, available, and reasonable methods of treatment.
(3) In adopting the rules, the secretary shall ensure that requirements for large on-site sewage systems are consistent with the requirements of any comprehensive plans or development regulations adopted under chapter 36.70A RCW or any other applicable comprehensive plan, land use plan, or development regulation adopted by a city, town, or county.
[ 2007 c 343 s 5. Formerly RCW 70.118B.040.]

catchline: Rules.


title: RCW 70A.115.050

text:
(1) A person who violates a law or rule regulating large on-site sewage systems administered by the department is subject to a penalty of not more than ten thousand dollars per day for every violation. Every violation is a separate and distinct offense. In case of a continuing violation, each day's continuing violation is a separate and distinct violation. The penalty assessed must reflect the significance of the violation and the previous record of compliance on the part of the person responsible for compliance with large on-site sewage system requirements.
(2) Every person who, through an act of commission or omission, procures, aids, or abets a violation is considered to have violated the provisions of this section and is subject to the penalty provided in this section.
(3) The penalty provided for in this section must be imposed by a notice in writing to the person against whom the civil penalty is assessed and must describe the violation. The notice must be personally served in the manner of service of a summons in a civil action or in a manner that shows proof of receipt. A penalty imposed by this section is due twenty-eight days after receipt of notice unless application for an adjudicative proceeding is filed as provided in subsection (4) of this section.
(4) Within twenty-eight days after notice is received, the person incurring the penalty may file an application for an adjudicative proceeding and may pursue subsequent review as provided in chapter 34.05 RCW and applicable rules.
(5) A penalty imposed by a final administrative order is due upon service of the final administrative order. A person who fails to pay a penalty assessed by a final administrative order within thirty days of service of the final administrative order shall pay, in addition to the amount of the penalty, interest at the rate of one percent of the unpaid balance of the assessed penalty for each month or part of a month that the penalty remains unpaid, commencing with the month in which the notice of penalty was served, and reasonable attorneys' fees as are incurred if civil enforcement of the final administrative order is required to collect the penalty.
(6) A person who institutes proceedings for judicial review of a final administrative order assessing a civil penalty under this chapter shall place the full amount of the penalty in an interest-bearing account in the registry of the reviewing court. At the conclusion of the proceeding the court shall, as appropriate, enter a judgment on behalf of the department and order that the judgment be satisfied to the extent possible from moneys paid into the registry of the court or shall enter a judgment in favor of the person appealing the penalty assessment and order return of the moneys paid into the registry of the court together with accrued interest to the person appealing. The judgment may award reasonable attorneys' fees for the cost of the attorney general's office in representing the department.
(7) If no appeal is taken from a final administrative order assessing a civil penalty under this chapter, the department may file a certified copy of the final administrative order with the clerk of the superior court in which the large on-site sewage system is located or in Thurston county, and the clerk shall enter judgment in the name of the department and in the amount of the penalty assessed in the final administrative order.
(8) A judgment entered under subsection (6) or (7) of this section has the same force and effect as, and is subject to all of the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court in which it is entered.
(9) The large on-site sewage systems account is created in the custody of the state treasurer. All receipts from penalties imposed under this section shall be deposited into the account. Expenditures from the account shall be used by the department to provide training and technical assistance to large on-site sewage system owners and operators. Only the secretary or the secretary's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2007 c 343 s 6. Formerly RCW 70.118B.050.]

catchline: Violations—Civil penalties.


title: RCW 70A.115.060

text:
Notwithstanding the existence or use of any other remedy, the department may bring an action to enjoin a violation or threatened violation of this chapter or rules adopted under this chapter. The department may bring the action in the superior court of the county in which the large on-site sewage system is located or in the superior court of Thurston county.
[ 2007 c 343 s 7. Formerly RCW 70.118B.060.]

catchline: Injunctions.


title: RCW 70A.115.070

text:
The authority and duties created in this chapter are in addition to any authority and duties already provided in law. Nothing in this chapter limits the powers of the state or any political subdivision to exercise such authority.
[ 2007 c 343 s 8. Formerly RCW 70.118B.070.]

catchline: Authority and duties.


title: RCW 70A.120.010

text:
The legislature declares that competent operation of a public water system is necessary for the protection of the consumers' health, and therefore it is of vital interest to the public. In order to protect the public health and conserve and protect the water resources of the state, it is necessary to provide for the classifying of all public water systems; to require the examination and certification of the persons responsible for the technical operation of such systems; and to provide for the promulgation of rules and regulations to carry out this chapter.
[ 1991 c 305 s 1; 1983 c 292 s 1; 1977 ex.s. c 99 s 1. Formerly RCW 70.119.010.]

catchline: Legislative declaration.


title: RCW 70A.120.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Backflow assembly tester" means a person in charge of inspecting, testing, maintaining, and repairing backflow assemblies, devices, and air gaps that protect the public water system.
(2) "Certificate" means a certificate of competency issued by the secretary stating that the operator has met the requirements for the specified operator classification of the certification program.
(3) "Certified operator" means an individual holding a valid certificate and employed or appointed by any county, water-sewer district, municipality, public or private corporation, company, institution, person, federal agency, or the state of Washington and who is designated by the employing or appointing officials as the person responsible for active daily technical operation.
(4) "Cross-connection control specialist" means a person in charge of developing and implementing cross-connection control programs.
(5) "Department" means the department of health.
(6) "Distribution system" means that portion of a public water system which stores, transmits, pumps and distributes water to consumers.
(7) "Groundwater under the direct influence of surface water" means any water beneath the surface of the ground with:
(a) Significant occurrence of insects or other macroorganisms, algae, or large diameter pathogens such as giardia lamblia; or
(b) Significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH which closely correlate to climatological or surface water conditions.
(8) "Group A water system" means a system with fifteen or more service connections, regardless of the number of people; or a system serving an average of twenty-five or more people per day for sixty or more days within a calendar year, regardless of the number of service connections.
(9) "Nationally recognized association of certification authorities" shall mean an organization which serves as an information center for certification activities, recommends minimum standards and guidelines for classification of potable water treatment plants, water distribution systems and wastewater facilities and certification of operators, facilitates reciprocity between state programs and assists authorities in establishing new certification programs and updating existing ones.
(10) "Operator" includes backflow assembly tester, certified operator, and cross-connection control specialist as these terms are defined in this section.
(11) "Public water system" means any system, excluding a system serving only one single-family residence and a system with four or fewer connections all of which serve residences on the same farm, providing piped water for human consumption, including any collection, treatment, storage, or distribution facilities under control of the purveyor and used primarily in connection with the system; and collection or pretreatment storage facilities not under control of the purveyor but primarily used in connection with the system.
(12) "Purification plant" means that portion of a public water system which treats or improves the physical, chemical or bacteriological quality of the system's water to bring the water into compliance with state board of health standards.
(13) "Secretary" means the secretary of the department of health.
(14) "Service" means a connection to a public water system designed to serve a single-family residence, dwelling unit, or equivalent use. If the facility has group home or barracks-type accommodations, three persons will be considered equivalent to one service.
(15) "Surface water" means all water open to the atmosphere and subject to surface runoff.
[ 2009 c 221 s 1; 1999 c 153 s 67; 1995 c 269 s 2904; 1991 c 305 s 2; 1991 c 3 s 369; 1983 c 292 s 2; 1977 ex.s. c 99 s 2. Formerly RCW 70.119.020.]
Notes:
Part headings not law—1999 c 153: See note following RCW 57.04.050.
Effective date—Part headings not law—Severability—1995 c 269: See notes following RCW 18.16.050.
Public water supply systems to comply with water quality standards: RCW 70A.130.050.


title: RCW 70A.120.030

text:
(1) A public water system shall have a certified operator if:
(a) It is a group A water system; or
(b) It is a public water system using a surface water source or a groundwater source under the direct influence of surface water.
(2) The certified operators shall be in charge of the technical direction of a water system's operation, or an operating shift of such a system, or a major segment of a system necessary for monitoring or improving the quality of water. The operator shall be certified as provided in RCW 70A.120.050.
(3) A certified operator may provide required services to more than one system or to a group of systems. The amount of time that a certified operator shall be required to be present at any given system shall be based upon the time required to properly operate and maintain the public water system as designed and constructed in accordance with RCW 43.20.050. The employing or appointing officials shall designate the position or positions requiring mandatory certification within their individual systems and shall assure that such certified operators are responsible for the system's technical operation.
(4) The department shall, in establishing by rule or otherwise the requirements for public water systems with fewer than one hundred connections, phase in such requirements in order to assure that (a) an adequate number of certified operators are available to serve the additional systems, (b) the systems have adequate notice and time to plan for securing the services of a certified operator, (c) the department has the additional data and other administrative capacity, (d) adequate training is available to certify additional operators as necessary, and (e) any additional requirements under federal law are satisfied. The department shall require certified operators for all group A systems as necessary to conform to federal law or implementing rules or guidelines. Unless necessary to conform to federal law, rules, or guidelines, the department shall not require a certified operator for a system with fewer than one hundred connections unless that system is determined by the department to be in significant noncompliance with operational, monitoring, or water quality standards that would put the public health at risk, as defined by the department by rule, or has, or is required to have, water treatment facilities other than simple disinfection.
[ 2020 c 20 s 1343; 2009 c 221 s 2; 1997 c 218 s 2; 1995 c 376 s 6; 1991 c 305 s 3; 1983 c 292 s 3; 1977 ex.s. c 99 s 3. Formerly RCW 70.119.030.]
Notes:
Findings—1997 c 218: "The legislature finds and declares that:
(1) The provision of safe and reliable water supplies to the people of the state of Washington is fundamental to ensuring public health and continuing economic vitality of this state.
(2) The department of health, pursuant to legislative directive in 1995, has provided a report that incorporates the findings and recommendations of the *water supply advisory committee as to progress in meeting the objectives of the public health improvement plan, changes warranted by the recent congressional action reauthorizing the federal safe drinking water act, and new approaches to providing services under the general principles of regulatory reform.
(3) The environmental protection agency has recently completed a national assessment of public water system capital needs, which has identified over four billion dollars in such needs in the state of Washington.
(4) The changes to the safe drinking water act offer the opportunity for the increased ability of the state to tailor federal requirements and programs to meet the conditions and objectives within this state.
(5) The department of health and local governments should be provided with adequate authority, flexibility, and resources to be able to implement the principles and recommendations adopted by the *water supply advisory committee.
(6) Statutory changes are necessary to eliminate ambiguity or conflicting authorities, provide additional information and tools to consumers and the public, and make necessary changes to be consistent with federal law.
(7) A basic element to the protection of the public's health from waterborne disease outbreaks is systematic and comprehensive monitoring of water supplies for all contaminants, including hazardous substances with long-term health effects, and routine field visits to water systems for technical assistance and evaluation.
(8) The water systems of this state should have prompt and full access to the newly created federal state revolving fund program to help meet their financial needs and to achieve and maintain the technical, managerial, and financial capacity necessary for long-term compliance with state and federal regulations. This requires authority for streamlined program administration and the provision of the necessary state funds required to match the available federal funds.
(9) Stable, predictable, and adequate funding is essential to a statewide drinking water program that meets state public health objectives and provides the necessary state resources to utilize the new flexibility, opportunities, and programs under the safe drinking water act." [ 1997 c 218 s 1.]
*Reviser's note: The "water supply advisory committee" was eliminated pursuant to 2010 1st sp.s. c 7 s 120.
Effective date—1997 c 218: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 25, 1997]." [ 1997 c 218 s 6.]
Findings—1995 c 376: See note following RCW 70A.100.060.

catchline: Certified operators required for certain public water systems.


title: RCW 70A.120.040

text:
Nothing in this chapter shall apply to:
(1) Industrial water supply systems which do not supply water to residences for domestic use and are under the jurisdictional requirements of the Washington Industrial Safety and Health Act of 1973, chapter 49.17 RCW, as now or hereafter amended; or
(2) The preparation, distribution, or sale of bottled water or water similarly packaged.
[ 1977 ex.s. c 99 s 4. Formerly RCW 70.119.040.]

catchline: Exclusions from chapter.


title: RCW 70A.120.050

text:
The secretary shall adopt such rules and regulations as may be necessary for the administration of this chapter and shall enforce such rules and regulations. The rules and regulations shall include provisions establishing minimum qualifications and procedures for the certification of operators, criteria for determining the kind and nature of continuing educational requirements for renewal of certification under RCW 70A.120.100(2), and provisions for classifying water purification plants and distribution systems.
Rules and regulations adopted under the provisions of this section shall be adopted in accordance with the provisions of chapter 34.05 RCW.
[ 2020 c 20 s 1344; 1995 c 269 s 2905; 1983 c 292 s 4; 1977 ex.s. c 99 s 5. Formerly RCW 70.119.050.]
Notes:
Effective date—Part headings not law—Severability—1995 c 269: See notes following RCW 18.16.050.

catchline: Rules and regulations—Secretary to adopt.


title: RCW 70A.120.060

text:
The secretary shall further categorize all public water systems with regard to the size, type, source of water, and other relevant physical conditions affecting purification plants and distribution systems to assist in identifying the skills, knowledge and experience required for the certification of operators for each category of such systems, to assure the protection of the public health and conservation and protection of the state's water resources as required under RCW 70A.120.010, and to implement the provisions of the state safe drinking water act in chapter 70A.125 RCW. In categorizing all public water systems for the purpose of implementing these provisions of state law, the secretary shall take into consideration economic impacts as well as the degree and nature of any public health risk.
[ 2020 c 20 s 1345; 1991 c 305 s 4; 1977 ex.s. c 99 s 6. Formerly RCW 70.119.060.]

catchline: Public water systems—Secretary to categorize.


title: RCW 70A.120.070

text:
The secretary is authorized, when taking action pursuant to RCW 70A.120.050 and 70A.120.060, to consider generally applicable criteria and guidelines developed by a nationally recognized association of certification authorities and commonly accepted national guidelines and standards.
[ 2020 c 20 s 1346; 1983 c 292 s 5; 1977 ex.s. c 99 s 7. Formerly RCW 70.119.070.]

catchline: Secretary—Consideration of guidelines.


title: RCW 70A.120.080

text:
The secretary, in cooperation with the director of ecology, may establish ad hoc advisory committees, as necessary, to obtain advice and technical assistance regarding the development of rules implementing this chapter and on the examination and certification of operators of water systems.
[ 1995 c 269 s 2909. Formerly RCW 70.119.081.]
Notes:
Effective date—Part headings not law—Severability—1995 c 269: See notes following RCW 18.16.050.

catchline: Ad hoc advisory committees.


title: RCW 70A.120.090

text:
Certificates shall be issued without examination under the following conditions:
(1) Certificates shall be issued without application fee to operators who, on January 1, 1978, hold certificates of competency attained under the voluntary certification program sponsored jointly by the state department of social and health services, health services division, and the Pacific Northwest section of the American water works association.
(2) Certification shall be issued to persons certified by a governing body or owner of a public water system to have been the operators of a purification plant or distribution system on January 1, 1978, but only to those who are required to be certified under RCW 70A.120.030(1). A certificate so issued shall be valid for operating any plant or system of the same classification and same type of water source.
(3) A nonrenewable certificate, temporary in nature, may be issued to an operator for a period not to exceed twelve months to fill a vacated position required to have a certified operator. Only one such certificate may be issued subsequent to each instance of vacation of any such position.
[ 2020 c 20 s 1347; 1991 c 305 s 5; 1983 c 292 s 7; 1977 ex.s. c 99 s 9. Formerly RCW 70.119.090.]
Notes:
Effective date—1977 ex.s. c 99: See RCW 70A.120.900.


title: RCW 70A.120.100

text:
The issuance and renewal of a certificate shall be subject to the following conditions:
(1) Except as provided in RCW 70A.120.090, a certificate shall be issued if the operator has satisfactorily passed a written examination, has paid the department an application fee as established by the department under RCW 70A.120.160, and has met the requirements specified in the rules and regulations as authorized by this chapter.
(2) Every certificate shall be renewed annually upon the payment of a fee as established by the department under RCW 70A.120.160 and satisfactory evidence is presented to the secretary that the operator has fulfilled the continuing education requirements as prescribed by rule of the department.
(3) The secretary shall notify operators who fail to renew their certificates before the end of the year that their certificates are temporarily valid for two months following the end of the certificate year. Certificates not renewed during the two month period shall be invalid and the secretary shall so notify the holders of such certificates.
(4) An operator who has failed to renew a certificate pursuant to the provisions of this section, may reapply for certification and the secretary may require the operator to meet the requirements established for new applicants.
[ 2020 c 20 s 1348; 1993 c 306 s 1; 1991 c 305 s 6; 1987 c 75 s 11; 1983 c 292 s 8; 1982 c 201 s 13; 1977 ex.s. c 99 s 10. Formerly RCW 70.119.100.]
Notes:
Savings—1987 c 75: See RCW 43.20B.900.


title: RCW 70A.120.110

text:
The secretary may revoke or suspend a certificate: (1) Found to have been obtained by fraud or deceit; (2) for fraud, deceit, or gross negligence involving the operation or maintenance of a public water system; (3) for fraud, deceit, or gross negligence in inspecting, testing, maintenance, or repair of backflow assemblies, devices, or air gaps intended to protect a public water system from contamination; or (4) for an intentional violation of the requirements of this chapter or any lawful rules, order, or regulation of the department. No person whose certificate is revoked under this section shall be eligible to apply for a certificate until the completion of the revocation period.
[ 2009 c 221 s 5; 1995 c 269 s 2906; 1991 c 305 s 7; 1983 c 292 s 9; 1977 ex.s. c 99 s 11. Formerly RCW 70.119.110.]
Notes:
Effective date—Part headings not law—Severability—1995 c 269: See notes following RCW 18.16.050.

catchline: Certificates—Grounds for revocation.