SB 5503 proposes a number of changes to the inspection and repair regulations for on-site sewage treatment systems (OSS). The bill was unanimously voted out of both chambers with no amendments. The bill has been delivered to the Governor for signature.
The State Board of Health (SBOH) establishes rules for on-site sewage systems, while local health departments (LHJ) and the Department of Health implement them. If an OSS fails, the owner is required to repair or replace the system, connect to a public sewer, or connect to large OSS.
The bill requires changes to SBOH rules.
For inspections of OSS:
- Require coordination between the owner and certified professional inspector or public agency prior to accessing the OSS;
- Require authorization by the OSS owner for inspection by a certified inspector or public agency unless the LHJ obtains an administrative search warrant following existing procedures; and
- Forbid LHJs from conditioning OSS permits with requirements for inspections or maintenance easements of OSS located on a single property servicing a single dwelling.
For failing OSS:
- Give first priority to repairing and second priority to replacing an existing conventional OSS;
- Not impose more stringent performance requirements of equivalent OSS on private entities than public entities; and
- Allow repair of an OSS using the least expensive alternatives that meet standards and is likely to provide comparable or better long-term sewage treatment and effluent dispersal outcomes.
AWC testified that the bill needed to clarify that cities may still require hook-up to sewers within a certain distance of the OSS. The bill was not amended to address this concern.