WSR 09-15-188

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH


[ Filed July 22, 2009, 9:45 a.m. ]

Subject of Possible Rule Making: Chapter 246-274 WAC, creating a new chapter for reuse of greywater, and subsections addressing greywater reuse outside the building for subsurface dispersal and irrigation.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 90.46.015.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The legislature has determined that rules are necessary and has directed the department of health to adopt rules for greywater reuse by December 31, 2010. The purpose is to establish an efficient, effective and consistent statewide framework for the nonpotable use of greywater. Reuse of greywater outside the building for subsurface irrigation can reduce the use of potable water and promote water conservation. Greywater includes flows from showers, washing machines and dishwashers, but not toilets or urinals. It may still contain bacteria, viruses and chemicals that can pose health risks. Protecting public health and the environment requires adequate regulation.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Washington state building code council is developing rules for greywater reuse inside the building. The department is following the council's rule making and will invite a representative from the council to join the rule advisory committee. The department will also invite representatives from local health jurisdictions to participate on the rule advisory committee. The United States Environmental Protection Agency is developing a draft guidance document for greywater reuse. The department is tracking their progress. The department will coordinate adoption of this rule with the department of ecology consistent with RCW 90.46.015.

Process for Developing New Rule: Collaborative.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. The department of health is forming a rule advisory committee made up of interested parties. The committee meetings will be open to the public. The department will also establish and maintain an electronic notification system that will allow interested parties to follow the process and provide input.

July 22, 2009

Mary C. Selecky

Secretary

Washington State Code Reviser's Office