CLALLAM COUNTY BOARD OF HEALTH Resolution No. /, 1995 A RESOLUTION amending. deleting and adding certain provisions of a chapter in the BE IT RESOLVED BY THE CLALLAM COUNTY BOARD OF HEALTH: Chapter 4, On-Site Sewage System Section: Purpose Authority/Scope Adoption by Reference Definitions No Sewage Discharge Septic System Required Soil Testing and Site Registration Requirements On-Site Sewage Permit Subdivision Requirements Inspection Septic Tank Installers Septic Tank Pumpers Septic System Designers Septic System Design Sanitary Survey Fees AppeaVHearing Penalty Severa bility Effective Date Repealer Conflict C.C.H.R. 4.010 Purpose., (1) The purpose of these regulations is to assure protection of public health by minimizing: (a) (b) The adverse public health effects of on-site sewage systems on surface and groundwaters. Potential for exposure to sewage. (2) These regulations are intended to accomplish the following objectives: (a) (b) Establish design, installation, and management requirements for on-site sewage systems to accommodate long-term treatment and disposal of sewage. Comply with the intent of Chapter 246-272, WAC.
Easdluticn bb. 1, 1995 Page 2 C.C.H.R. 4.012 AuthorityIScope. Pursuant to RCW 70.05 and RCW 43.20, the Clallam County Board of Health is charged with the duty of protecting the public health and safety of all inhabitants of Clallam County, and enacting such rules and regulations as are necessary in order to carry out these responsibilities and provide for the enforcement thereof. The provisions of this regulation shall apply to all territory within the boundaries of Clallam County. C.C.H.R. 4.01 5 Adoption by Reference. (1) Washington Administrative Code Chapter, 246-272 On-Site Sewage Systems Rules and Regulations of the State Board of Health, as now or hereafter amended, is hereby adopted by reference as Rules and Regulations of the Clallam County Board of Health. 1 (2) Washington Administrative Code Chapter 296-24-120, State Department of Labor and Industries Rules and Regulations'goveming toilet facilities in places of business, as now or hereafter amended, is hereby adopted by reference. (3) Uniform Plumbing Code, Appendix I, section I1 1, *Abandoned Sewers and Sewage Disposal Facilities"; International Association of Plumbing and Mechanical Officials, 1991 edition, as now or hereafter amended, is hereby adopted by reference. (4) One (1) copy of each publication adopted by reference shall be on file in the Office of the County Auditor; and one (1) copy of each shall be on file in the respective public libraries at Forks. Port Angeles and Sequim. C.C.H.R. 4.020 Definitions. In addition to those definitions set forth in WAC chapter 246-272 the following words and phrases as used in this chapter shall, unless the context clearly indicates otherwise, be defined as follows: (1) "Aggrieved person." Any person in jeopardy of having a certificate suspended or revoked by the Board of Health. (2) "Board of Health." The Clallarn County Board of Health. (3) "C.C.H.R." The Clallam County Health Regulations. (4) "Community On-Site Sewage System." Any residential on-site sewage system designed to serve two (2) or more dwelling.units or designed to serve two ormore residences on separate lots, with design flows less than 3,500 gallons per day. (5) "Commercial On-Site Sewage System." Any non-residential or combined residentiallnonresidential on-site sewage system with a design flow less than three thousand five hundred (3,500) gallons per day. (6) "Department." The Washington State Department of Health. (7) 'Area of Special Concern.' An area of definite boundaries established by the Clallam County Board of Health, where it has been determined that additional requirements for sewage systems may be necessary to reduce potential failures or minimize negative impact of on-site systems upon. public health. (8) "Health Division." The Environmental Health Division of the Department of ~ommu.nity Development of Clallam County. (9) "Individual On-Site Sewage System." Any residential on-site sewage system serving only one dwelling, lot or residence.
Page 3. @ I 1, 1995 "Install." The term "install" or its derivatives shall include, but not be limited to, the construction, relocation, alteration, extension, expansion, modification, replacement and repair of all or any portion of an on-site sewage system, including but not limited to the septic tank, pump chamber, main and lateral lines, associated excavation, gravel and cover. "Persons aggrieved." The person upon whose land the on-site sewage system in question is installed or is to be installed, a land owner whose property is affected or their agents, the Health Division or any other person whose interests are affected by a decision made pursuant to this code. "Repair." Due to failure, the replacement of, addition to, or alteration of a septic tank, sewage treatment device or other appurtenances to an existing on-site sewage system and including any replacement, addition or alteration of a subsurface disposal field. "Resident Owner." A person who designs and/or installs an on-site sewage system for a single-family residence owned and occupied or to be owned and occupied by said person. "Sanitary Survey." The inspection and evaluation of an existing on-site sewage system. "Sewage System Installer." Any person(s) engaged in the activity of including, but not limited to, the installing and/or repairing, an on-site sewage system. " Sewage System Installets Certificate." 'The written Certificate issued annually by the health officer authorizing a person to install on-site sewage systems. "Septic Tank Pumper." Any person(s) engaged in the activity of including, but not limited.to, cleaning and pumping septic tanks, chemical toilets, or other accumulations of sewage. "Septic Tank Pumper's Certificate." The written Certificate issued annually by the health officer authorizing a person to engage in the activity of cleaning septic tanks, chemical toilets or other accumulations of sewage. " Sewage System Designer." Any person(s), engaged in the activity of designing on-site sewage systems including, but not limited to, the determination of site characteristics, the layout of the septic tank and other pertinent components or devices, preparation of material specifications, submission of plans, supervision of installation and any other applicable information. " Sewage System Designets Certificate." (Designer's Certificate"). The written certificate issued annually by the health officer authorizing the designer to engage in the activity of designing on-site sewage systems. "Sewage Disposal Permit." A written permit issued by the health officer granting permission for the installation, or repair of on-site sewage systems. 'Site Installer.' An individual that has passed the installer's exam and maintains an annual license, but is working under the direction of another certified installer.
F&dlkkn M.1, 1995 Page 4 C.C. H.R. 4.030. No Surface Discharge. Sewage from any on-site sewage system, excluding septage as per section 4.080 and WAC 246-272-19501, shall not be discharged to surface water,-- or upon the surface of the ground or cause contamination of public health significance to any groundwater as determined by the health officer. Deviation from water quality standards for "Class B" freshwater, as established by WDOE, as now or hereafter amended, shall be the basis for determining public health significance. C.C.H.R. 4.040. On-Site Sewage Systems Required. The following requirements apply: (1) Every residence, place of business, or other building or place where people congregate or reside shall be connected to an approved public sewer. If no public sewer is reasonably available, the building sewer shall be connected to an on-site sewage system approved by the health officer. (2) All new construction must be connected to an approved public sewer if said sewer is within two hundred (200) feet of the property line. (3) All failing on-site sewage systems must be connected to an approved public sewer as noted in WAC 246-272-07001. C.C.H.R. 4.045 'Soil Testing and Site Registration Requirements. (1) Soil testing and site evaluations shall conform to the requirements of WAC 246-272- 11001. (2) A site registration report shall be made on a Health Division approved form by the individual who performs the test. The report shall be submitted to the Health Department, with appropriate fee, for review within twenty (20) working days of the date the tests were completed. (a) The site registration report shali consist of an accurate plot plan, drawn to scale (one (1) inch equal to twenty (20) feet is recommended), which includes all the pertinent information required in WAC 246-272-09001 and other information as required by the Health Officer. (b) Unless specifically waived by the Health Officer, all soil logs for the purpose of securing a sewage disposal permit must be witnessed and verified by the local health officer. C.C.H.R. 4.050. On-Site Sewage System Permit. (1) No person shall install or cause to be installed a new on-site sewage system, nor perform any alteration, extensions or relocations or connections to an existing on-site sewage system without a valid permit issued by the health officer. Larger on-site sewage systems approved by the State are exempt from this permit requirement; EXCEPT, that when the Division has a written agreement with the State to review and approve larger on-site sewage systems, a permit shall be required. Permits for alterations, expansions, or repairs shall be so identified. Application for such permit shall be made in writing in a manner prescribed in subsection (2) below. All permit applications shall be completed and signed by the licensed designer prior to permit issuance as provided by WAC 246-272-09001(1)(a). All applications for new construction shall be accompanied by an approved site registration. (2) When applying for a permit to install an on-site sewage system, a detailed construction plan of the proposed system is required. The construction plan shall contain information as required by the health officer in sufficient detail and to a scale which will permit a proper evaluation of the application. Each application shall contain the information required in WAC 246-272-09001 as a minimum.
Page 5 (3) Permits are transferable with property ownership, provided new owners accept the permitted plan by written notification to the health officer or propose a new plan which conforms to these regulations. (4) If the system is not installed before the permit expires, a new permit may be applied for, based on standards in effect at the date of the new application. (5) Changes in use of an existing subsurface sewage disposal system may be authorized by the health officer. If the proposed changes in use of an existing sewage system will, in the opinion of the health officer, increase the projected daily sewage flow beyond the capacity of the sewage disposal system, a permit to alter the sewage disposal system shall be obtained prior to authorization. (6) Any misrepresentation or inaccuracy in the construction plan, whether intended or accidental, shall be considered as grounds for invalidating and voiding any permit issued under this section. The applicant is responsible for the accurate representation of all information presented. (7) For any on-site sewage system proposed to serve a structure requiring a flood control zone permit under the provisions of chapter 86.16 RCW and chapter 508-60 WAC, or requiring a flood plain certification by Clallam County under the provisions of the Floodplain Management Ordinance, the installation permit shall not be issued until a flood control zone permit or flood plain certification has been issued in accordance with Clallam County Code 32.01.120, section 3. (8) No on-site sewage disposal permit shall be issued unless there is an approved public water supply or a potable private water supply available to the building site. (9) Expiration of permits. Every sewage disposal permit issued by the health officer under the provisions of this chapter for new constmdion or expansion shall expire and become null and void if the work authorized by such permit is not completed within three (3) years from the date of issuance. For permits that have been issued prior to the effective date of this chapter, the expiration date shall be extended to three (3) years from the date of original issuance. I (1 0) Repair Permits. Repair permits shall expire six (6) months from the date of issue. Repair permits may be renewed for an additional six (6) months if the Health Officer determines it is warranted and there is no surface discharge of sewage as detailed in C.C.H.R. 4.030. C.C.H.R. 4.055 Subdivision Requirements. The following standards shall apply to recommendations for approval of subdivision submitted to the Clallam County Planning Division and referred to the Clallam County Environmental Health Division. (1) Prior to recommendations for preliminary approval of a subdivision, the following must be accomplished: (a) Compliance with WAC 246-272-20501, including site evaluations as required under WAC 246-272-11001, excluding subsections (3)(a)(i) and (4)(d). (2) Prior to recommendation for final approval of a subdivision, the following must be accomplished: (a) A site registration shall be approved by the Health Officer and filed for each proposed parcel showing an area for each parcel to be suitable for installation of
Page 6 bb. 1, 1995 (b) (c) C.C.H.R. 4.060 an on-site sewage system to serve a minimum of a -two bedroom residence, in compliance with these regulations, or alternatively. For a community sewage disposal system or larger on-site system compliance with CCC 29.01 must be assured. Any on-site system not located entirely on the property originating the sewage must be secured by appropriate easements filed with the Clallam County Auditor. Demonstrate the proposed water supply is adequate, as required in C.C.C. 29.01. Inspection. (1) The health officer may make inspections during construction to determine compliance with these regulations. (2) Prior to the installation of any on-site sewage system, the health officer shall be notified by the installer of the permit number, site location, date and time that the work is to be performed. Afler completion of the work, the installer shall notify the health officer of the completion and shall request an inspection. The system may not be covered prior to this inspection except as noted in subsection (3) below. The designer shall submit an 'asbuilt" drawing of the final construction within ten (1 0) days of final cover of the system. The 'as-built' shall be on a form approved by the Health Officer. (3) No part of any on-site sewage system installation shall be covered or put into use until inspection and final approval has been obtained from the health officer. The health officer may waive this inspection requirement provided the installation has been performed by a certified installer as per C.C.H.R. 4.070 and provided further that the designer of the on-site sewage system, as certified under C.C.H.R. 4.090, performs the inspection, EXCEPT as noted in subsection (4) below. Requests for waiver from inspection should be submitted to the health officer prior to covering of the system. Final approval of on-site systems by the health officer can be made only afler satisfactory inspection of the installed system and receipt of 'as-built' drawings of the final COnst~dion by the Health Division. (4) A final inspection shall not be acceptable from a certified designer if the installation firm has financial ties with the certified designer of the system. In such cases, the Health Division must perform the final inspection of the installation. (5) Any on-site sewage system installed, covered or put into use without proper notification of the health officer or inspection by him except as provided for in C.C.H.R. 4.060 (3),shall be uncovered for inspection if so ordered by the health officer; EXCEPT that the decision of the health officer not to require uncovering for inspection shall not be construed as approval of the installation or the on-site sewage system. (6) If installation or workmanship of the on-site sewage system does not meet the requirements of this chapter, the health officer shall order corrections and cause a subsequent inspection to be made. Fees may be charged for subsequent inspections. (7) Designer Inspections. Nothing contained herein shall prohibit the.designer of record from requiring additional designer performed inspections to insure compliance with design and regulation. C.C.H.R. 4.070. Sewage System Installer (1) Certificate Required. (a) It shall be unlawful for a sewage system installer to engage in the activity of installing on-site sewage systems without first having beemissued a Septic
FGsiluticn M.1, 1995 Page 7 (b) (c) (d) (e) (r) System Installer's Certificate by the health officer. Such Certificate shall only be issued after the applicant has indicated a basic knowledge of the proper design and function of a sewage system and knowledge of the provisions of this chapter and WAC 246-272 by successful completion of a Health Division examination. The original certificate and each renewal shall require a completed application on a form furnished by the health officer and payment of the prescribed fee. An installer's certificate is not transferable. Any person having been issued an installer's certificate is required to notify the health officer in writing within four days of any change in his business address andlor his home address. Certificates shall not be issued or renewed if the applicant is found by the health officer to be in violation of the provisions of this chapter. Exception. A bona fide resident owner may install an on-site sewage system on his own property for his own use without obtaining a Sewage System Installer's Certificate, PROVIDED: (i) that he complies with other terms of this chapter, (ii) that he installs no more than one (1) system in any one (1) calendar year, AND (iii) the resident owner may not arrange for, nor contract, nor hire, with or without reimbursement, any person or concern to perform that work, unless that person is a Clallam County Certified Sewage System Installer as set forth in this section. (iv) the sewage system in located on the same lot as the residence or situated on adjoining propeity controlled by the owner and legally listed as an encumbrance. (2) Site Installer. A Certified Sewage System Installer may sponsor a site installer to be responsible for compliance with WAC 246-272-1 3501 (3). The certified installer shall inform the health officer of site the installer's name(s) and of any changes in those individuals employment status. Site Installers must pass the Installer's exam and maintain their annual certificate. (3) Bond Required. Prior to the issuance of a Sewage System Installer's Certificate, the applicant must be in possession of a bond obtained in accordance with the Special or General Contractors Laws of the State of Washington and provide proof of business liability insurance in the minimum amount of five hundred thousand ($500,000.00) dollars. EXCEPT, site installers working for or under the direction of a general contractor who is also a certified installer may have this requirement waived if the general contractor provides a written statement indicating their assumption of responsibility for the individuals work and agreement to coverage of the individual by the general contractors bond and liability insurance. (4) Continuing Education. Unless waived by the Health Officer, every installer is required to obtain at least five (5) hours of approved classroom (training) time (112 CEU) each calendar year. Subject matter must be directly related to on-site sewage disposal and be acceptable to the health officer. C.C.H.R. 4.080 Septic Tank Pumpers. (1) Certificate Required. (a) It shall be unlawful for any person, firm, or corporation to engage in the activity of cleaning any septic tank, seepage pit, or chemical toilet, or removing other accumulations of sewage without first having obtained a Septic Tank Pumper's Certificate from the health officer. (b) The original certificate and each renewal shall require a completed application on a form furnished by the health officer and payment of the prescribed fee.
Easdluticn N>. 1, 1995 Page 8 (c) (d) Certificate shall not be issued or renewed if the applicant is found by the health officer to be in current violation of the provisions of this chapter. A Septic Tank Pumper's Certificate is not transferable. (2) Septage Disposal Site Approval. Septage shall be discharged into an existing approved sewage treatment plant in accordance with plant operators instructions andlor requirements. Septage disposal sites other than approved sewage treatment plants shall have the written approval of the health officer and shall be maintained in a satisfactory manner. It shall be unlawful to.dispose of septic tank pumpings or other accumulated sewage at other than designated and approved disposal sites. (3) Reporting Requirements. Each pumper shall submit to the health officer not later than the tenth day of each month a report on a form furnished by the Health Division. Said report shall contain the dates, sources, disposal site, and volume of each load of wastes handled from the preceding calendar month. (4) Pump Tank Requirements. Pumping equipment must be presented to the Health Division for inspection at the time of certificate application and renewal. (a) The pump tank must be of at least one thousand (1,000) gallons in capacity and must be in good repair and of cleanable construction, EXCEPT where only the contents-of chemical toilets are to be pumped and disposed of, where no water carried household or commercial sewage is involved, a pump tank size of two hundred and seventy five (275) gallons shall be allowed. (b) All outer contact surfaces and fittings shall be kept in a clean and sanitary condition while stored or in transit; and, all premises served and equipment used shall be left in a clean and sanitary condition. (c) All discharge valves shall be in good repair, free from leaks and fitted with water-tight caps. (d) The name of the operating firm shall be prominently displayed on both sides of any pump tank vehicle in bold letter not less than five (5) inches high for the firm name and not less than three (3) inches high for other information such as address and telephone number. (5) Bond Required. Prior to the issuance of a Septic Tank Pumper's Certificate, the applicant must post a bond with the Health Division in a form approved by the Prosecuting Attorney of Clallam County, and executed by a surety company authorized to do business in the State of Washington, in the sum of four thousand dollars ($4,000.00) and provide proof of a minimum of one hundred thousand dollars ($1 00,000.00) business liability insurance. C.C.H.R. 4.090 Sewage System Designers. (1) Certificate Required. It shall be unlawful for any person other than the health officer to errgage in the activity of designing on-site sewage systems or parts of systems without having first obtained a Sewage System Designer's Certificate,or be in possession of a currently valid State of Washington professional engineer's certificate or registered sanitarian's certificate. Such professional engineeh or registered sanitarian's certificate is acceptable in lieu of a septic system designer's certificate. (2) Properly certified designers may submit designs for review for all sites and conditions, including but not limited to conventional OSS and alternative systems as defined in WAC 246-272-01001, repair systems, community or commercial systems under 3,500 gallons per day, and perform soils evaluations for subdivision review and site registration, EXCEPT as noted in CCHR 4.090(4). (3) A Sewage System Designer's Certificate shall not be transferable. -
~ U t i a -m.1, l 1995 Page.9 (4) As per WAC 246-272-08001, only professional engineers licensed in the State of Washington in accordance with chapter 18.43 RCW shall submit engineer plans and reports for larger on-site sewage systems with flows in excess of 3,500 gallons per day (5) Application. (a) Application for a Sewage System Designer's Certificate shall be made on forms provided by the health officer. Certificate and/or application fees as set forth in the Fee Schedule shall be payable to the Health Division. (b) The health officer, in acting upon application for sewage designer's certificates. shall inquire into each applicant's qualifications for carrying out sewage designer work in accordance with State and local health regulations. In determining whether one is qualified to do sewage designer work, the health officer shall require each applicant to do both of the following: (0 Take a written and/or field examination to determine the applicant's knowledge of public health problems involved in the disposal of sewage, necessary standards of design, construction and installation, soillsite evaluation, sewage treatment theory and hydraulics. If the applicant fails the examination, a score below 70 percent, he must wait at least sixty (60) days prior to retaking the examination. Each time an applicant takes the examination, he must pay the examination fee. (ii) Present written proof from a jurisdictional health department that he has satisfactorily worked as a "Designer" or "lnstallef of individual sewage disposal systems for at least two years. "Satisfactorily worked" is defined as having met all the requirements and regulations of the jurisdictional health department in the activity of being a designer or installer for at least two years and the involvement in the installation or design of a minimum of 40 systems. This includes, but is not limited to. the testing of soil and/or the designing and/or the installing and/or the repairing of individual on-site sewage systems and/or the submission of as-built drawings according to all applicable regulations of the County. (c) (d) (e) Failure by the applicant in one of the two areas, either examination or experience, will necessitate denial of certificate pending compliance as set out above. Each sewage system designer's certificate as required under this section shall be issued for one year. All certificate renewal applications, accompanied by the required bond, proof of business liability insurance, and renewal fee, shall be submitted to the health officer by March 1.. Certification shall not be issued or renewed if the applicant is found by the health officer to be in current violation of the provisions of this chapter. (6) Bond Required. Prior to the issuance of a sewage system designer's certificate, the applicant must provide a surety bond approved as to form by the prosecuting attorney for Clallam County and proof of business liability insurance in the minimum amount of five hundred thousand dollars ($500.000.00). The bond shall be in the sum of ten thousand dollars ($1 0,000.00) to and for the use and benefit of all persons who may be injured or aggrieved by the wrongful'act of such sewage system designer. The bond must be executed by a surety company authorized to do business in the State of Washington. The bond shall be conditioned that the holder of the sewage system designets certificate, in performing work governed by these rules and regulations, shall exercise all reasonable care and skill and shall comply with all the terms and conditions of these and all other applicable rules and regulations. The bond must be kept in effect during the period of time for which the sewage system designets certificate is issued. The surety bond shall remain in force for one (1) year following cancellation of and/or termination of the sewage system designer's certificate.
Esihhfn M.1, 1995 Page 10 (7) Continuing Education: Unless waived by the health officer, every designer is required to obtain at least 10 hours of approved classroom (training) time (1 CEU) each calendar year. Subject matter must be directly related to on-site sewage disposal and be acceptable to the health officer. C.C.H.R. 4.091 Sewage System Designs. (1) Sewage system designs shall be required for review from a Sewage System Designer licensed in Clallam County: (2) The sewage system design shall include the following additional information to that required in WAC 246-272-09001 : (a) using a bench mark as the reference point, relative elevations of the finished ground elevation of the drainfield area and elevation of the drainfield trench bottom. (b) The drawings must be to scale with dimensions indicated. The recommended scale is one (1) inch equals twenty (20) feet or one (1) inch equals thirty (30) feet. Other scales may be used as appropriate to the design and approved by the health officer. Accuracy in the design drawings shall be sufficient for review. (c) The drainfield lateralslbeds shall be staked in the field for inspection and review. C.C.H.R. 4.1 00. Sanitaly Survey. (I) A sanitary survey may be requested or initiated by a person, an agency, or the health officer to fulfill the requirements for a loan or to determine whether the existing system(s) meet specifications for the replacement of the building or a change of use. The request shall be on a form furnished by the Health Division and accompanied by the prescn'bed 'fee. (2) The investigation shall be performed promptly by the health officer and the results shall be given to the applicant in writing. (3) Unless otherwise prohibited by law, certified sewage system designers may perform sanitary surveys for loan certification and property transfer agreements. (a) Copies of all evaluations and reports generated by the certified designer shall be provided to the Environmental Health Division, with appropriate property identification, for filing with the parcel's permanent records. (b) Should failures or the need for repair be noted, the Environmental Health Division shall be notified by the certified designer immediately. (c) Upon notification, the Division shall investigate and evaluate the public health risk. The role of the designer, system owner, and the Division will be addressed after the degree of public health risk is assessed. C.C.H.R. 4.1 10 Fees. Fees for the various permits and certificates shall be as set forth in Chapter 1, C.C.H.R. Fees shall be payable to the Health Division. All Sewage System Installer's, Septic Tank Pumper's, and Sewage System Designer's certificates are renewable annually on March 1. Should any renewal fee remain unpaid by March 31, a penalty fee according to Chapter 1, C.C.H.R. shall be charged. Previously issued certificates shall become void if not renewed prior to April 1. C.C.H.R.4.120. AppeallHearing Required (1) Appeal from a decision by the health officer pursuant to this regulation may be made by a person aggrieved. Appeals shall be submitted to the Health Division in writing within fifteen (1 5) days after receiving notice of the decision of the health officer.
Page 11 b.1, 1995 (2) Notice of suspension and revocation hearings conducted pursuant to C.C.H.R. 4.070. 4.080, and 4.090 shall be given by the Health Division to the aggrieved person by certified mail, return receipt requested, at least fifteen (1 5) days before the hearing is to be conducted. The notice shall inform the aggrieved person of the purpose of the hearing, date, time and place of the hearing and the substance of the violation. (3) All suspension or revocation hearings shall be conducted by the Board of Health. (4) The following guidelines apply to all hearings and appeals conducted by the Board of Health pursuant to this section: (a) Appeals shall be on forms made available by the Health Division and shall be signed by the petitioning party. (b) Appeals shall include a brief and concise statement of the law and facts which affirmatively establish that the health officer has committed an error. (c) Appeals shall be transmitted to the Board of Health by the Health Division following receipt from the petitioning party: PROVIDED that the Health Division shall transmit all relevant material associated with the health officer's action, including but not limited to, applications, reports, soil logs, photographs, staff analysis and recommendations. (d) Upon receipt of the appeal materials transmitted by the Health Division, the Board of Health shall conduct a hearing to determine the correctrless of the decision by the health officer; provided, that the petitioning party shall be given fifteen (15) days notice of the purpose, time, date and place of said hearing by certified mail; provided further that if the petitioning party is a person other that the permit applicant or a permit holder, then notice of the purpose, time, date and place of said hearing shall likewise be mailed to the permit applicant or permit holder by certified mail. (e) Any hearing conducted pursuant to this section shall be a public hearing and the chairperson of the Board of Health shall open the hearing and take testimony from any interested persons; provided, that testimony in suspension or revocation hearings shall be limited to that presented by the health officer, the certificate holder and any witness called by them; provided further, that the chairperson may limit the length of the testimony to a specific amount of time to be applied equally to those interested persons wishing to speak except in suspension or revocation hearings where the Board of Health is authorized to use its discretion. (9 The procedure to be utilized during any hearing conducted pursuant to this section shall be as follows: (i) The petitioning party, permit applicant, or permit holder and the health officer if not the petitioning party shall be given an opportunity to present evidence, analysis and recommendations. (ii) Members of the Board of Health may direct questions to the petitioning party, permit applicant or permit holder and health officer if not the petitioning party. (iii) The Chairperson of the Board of Health shall permit the presentation of testimony by any interested person as set forth in this chapter. (iv) Following presentation of evidence and testimony, the Chairperson of the Board of Health shall close the hearing and initiate discussion with other board members on the matters presented. (v) Following discussion, the Board of Health shall make a ruling on the appeal. (vi) Under no circumstances shall cross-examination of persons making presentations at the hearing be permitted, notwithstanding that the Board of Health may ask questions as set forth above.
EasdLuticn b.1, 1995 Page 12 (g) (h) Should the Board of Health require additional testimony, it may continue the public hearing to a date and iime not to exceed thirty-five (35) days following the date of the initial public hearing; PROVIDED that at the close of the second public hearing the Board of Health may continue its deliberations on the appeal to another time and date not to exceed thirty-five (35) days following the close of the second public hearing conducted to receive additional testimony. In all other cases the Board of Health may continue its deliberations on the appeal to another time and date not to exceed thirty-five (35) days following the close of the public hearing. All relevant evidence is admissible, which in the opinion of the Board of Health is the best evidence reasonably obtainable having due regard for its necessity. availability and trustworthiness; provided that, in passing upon the admissibility of evidence the Clallam County Board of Health may give consideration to, but shall not be bound to follow the rules of evidence governing civil proceedings in matters not involving trial by jury in the Superior Court of the State of Washington. (J A full and complete record shall be kept of all proceedings and all testimony shall be recorded. The record of testimony and exhibits together with all papers and requests filed in the proceedings shall constitute the exclusive record for the decision in accordance with the law. (k) All decisions shall become a part of the record and shall include a statement of: (1) Findings and Conclusions, as well as reasons or basis thereof upon all the material issues of fact, law or discretion presented on the record, and (ii) Notice of the decision of the Board of Health shall be provided not later that ten (1 0) days following the date of its decision. (1) The petitioning party, permit applicant, or permit holder, or designated agent, and the Health Division shall be notified of the decision of the Board of Health. together with the Findings and Conclusions and the basis therefore by mailing by certified mail a copy of the decision and Findings and Conclusions to each party. (m) C.C.H.R. 4.130 Penalty The Health Division shall be responsible to provide public hearing notice as required herein, said notices to be mailed to appropriate persons as set forth above not later that fifteen (1 5) days prior to the hearing date. (1) Criminal. Any person who violates any provision herein shall, upon conviction, be guilty of a misdemeanor and subject to a fine of not more than Two Hundred Fifty Dollars ($250.00), or by imprisonment for not more than ninety (90) days, or both such fine and imprisonment. Each day any person shall continue to violate or fails to comply with the provisions of this chapter shall constitute a separate offense. (2) Administrative. In addition to section (1) above, any certificate holder who violates any provision herein shall be subject to an administrative hearing as outlined in C.C.H.R. 4.120. Such hearings may result in the suspension or revocation of the certificate as provided for in subsections (a) or (b) below: (a) Suspension of Certificate. (i) A Sewage System Installer's, Septic Tank Pumper's or Sewage System sewage Designer's Certificate may be suspended if, after a hearing with the Board of Health, the holder of such certificate shall be found incompetent, negligent, in violation of any provision(s) of this code, to have made a fraudulent misrepresentation in making application for a certificate, to have made fraudulent misrepresentation in making application for a permit to install an on-site sewage system, or should the bond required herein be canceled.
Femlwim m.1, 1% Page 13 (b) (c) (ii) The health officer shall glve written notice of the hearing to any person aggrieved who has filed a written compla~nt with the health officer and the affected certificate holder(s). (iii) For the first confirmed violation under this subsection, the suspension period shall not exceed thirty (30) days; the second violation in any three (3) year period shall result in a suspension of certificate for a period not less than fifteen (15) days and not to exceed one hundred eighty (180) days; EXCEPT that the covering of a system by a certified sewage system installer without proper notification or inspection shall be cause for the Board of Health to suspend the sewage system installets certificate for not more than six months. (iv) If the Board of Health suspends a certificate, the certificate holder shall not proceed with any further work in connection with the activity covered by the certificate. Revocation of Certification. (0 A Sewage System Installer's. Septic Tank Pumpefs or Sewage System Designer's Certificate may be revoked for repeated violations of any of the requirements of these regulations or any other applicable regulations or if, after a hearing with the Board of Health, the holder of such certificate shall be found grossly incompetent or negligent, or to have made fraudulent misrepresentations in making application for a certificate or for a permit to install an on-site sewage system, or should the bond required herein be canceled. (ii) The health officer shall give written notice of the hearing to any person aggrieved who has filed a written complaint with the health officer and the affected certificate holder(s). (iii) The third violation in any three (3) year period shall be considered as repeated violations and result in certificate revocation. (iv) If the Board of Health revokes a certificate, the certificate holder shall not proceed with any further work in connection with the activity covered by the certificate. (v) If after revocation of a certificate the applicant desires to reapply for a certificate, the applicant must wait six (6) months prior to reapplication. Reapplication shall require examinations and the payment of all fees as applicable. A copy of the decision of the Board of Health shall be given to any person aggrieved who has filed a written complaint with the health officer and to the affected certificate holder. C.C.H.R. 4.140 Severability. If any section, subsection, paragraph, sentence clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter; it being hereby expressly declared that this chapter, each section, subsection, paragraph, section, clause and phrase thereof would have been adopted irrespective of the fact that any one (1) or more other section, subsections, paragraphs. sentences, clauses or phrases be declared invalid or unconstitutional. C.C.H.R. 4.150 Effective Date. This chapter shall be effective ten (10) days afler approval is obtained from the Department of Health as per WAC 246-272-02001. C.C.H.R. 4.160 Repealer. Should any provision hereof, also addressed in prior ordinances. resolutions, rules and regulations of the Health Division, be declared invalid or unconstitutional, then the provisions of such prior ordinances, resolutions, rules or regulations shall be applicable and enforceable.
rasdlutirjl b.1, 1995 Page 14 C.C.H.R. 4.170 Conflict. Where other County regulations are in conflict with this ordinance, the more restrictive regulation shall apply and such application shall extend only to those specific provisions which are more restrictive.,f\ uc ADOPTED this / 7 day of U/, 1995. u Dave Cameron, Chairman Dorothy Du#kan Attest: Clerk of the aard of ~ e&h C.C.H.R. 6/78, #36 Amended 1/79, Resolution #1 Amended 3/81, Resolution #4 Amended 6/84, Resolution #3 Amended 10186, Resolution #3 Amended 12/88, Resolution #7 Amended 1/95, Resolution #L