WSR 06-12-108

PREPROPOSAL STATEMENT OF INQUIRY

STATE BOARD OF HEALTH


[ Filed June 7, 2006, 9:54 a.m. ]

Subject of Possible Rule Making: Chapter 246-272A WAC, On-site sewage systems, this rule making will explore creation of a process for the approval and state registration of drainfield remediation technologies. The state board of health does not currently regulate remediation technologies.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.20.050.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Failing drainfields are a public health concern. The department of health, in conjunction with the technical advisory committee, will explore potential criteria for approval and use of remediation technologies that could create new options for addressing failed drainfields. In order to assist local agency implementation, the state board of health will consider adopting these criteria into rules.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Local health jurisdictions use the state board of health regulations as minimum standards for issuing on-site sewage system permits. The department of ecology regulates on-site sewage systems with a capacity greater than 14,500 gallons per day. Both local health jurisdictions and the department of ecology are represented on the technical advisory committee.

Process for Developing New Rule: The department of health working as staff for the state board of health will consult with the technical advisory committee in considering these rules. Interested parties can attend these meetings and will also be provided with drafts to provide input.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Brad Avy, Department of Health, brad.avy@doh.wa.gov, (360) 236-3040, or Ned Therien, State Board of Health, ned.therien@doh.wa.gov, (360) 236-4103.

June 5, 2006

Craig McLaughlin

Executive Director

Washington State Code Reviser's Office