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  16-22-028  

  • WSR 16-22-028
    PROPOSED RULES
    DEPARTMENT OF HEALTH
    [Filed October 25, 2016, 10:14 a.m.]
    Original Notice.
    Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
    Title of Rule and Other Identifying Information: Chapter 246-271 WAC, Public sewage, repeal the chapter because state board of health (board) rule-making authority has been superseded by more current and more specific department of ecology (ecology) statutory authority. The board delegated rule-making authority to the department of health (department) to repeal this chapter at its August 10, 2016, meeting.
    Hearing Location(s): Department of Health, Town Center 2, Room 530, 111 Israel Road S.E., Tumwater, WA 98511, on December 16, 2016, at 10:00 a.m.
    Date of Intended Adoption: December 23, 2016.
    Submit Written Comments to: Vicki M. Bouvier, P.O. Box 47820, Olympia, WA 98504, e-mail https://fortress.wa.gov/doh/policyreview, by December 16, 2016.
    Assistance for Persons with Disabilities: Contact Vicki M. Bouvier by December 9, 2016, TTY (800) 833-6388 or 711.
    Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed rule is to repeal chapter 246-271 WAC, Public sewage. This chapter is outdated and duplicative with ecology and other public health statutes and rules. The board's rule-making authority under RCW 43.20.050 has been superseded by more current and more specific ecology statutory authority in chapter 90.48 RCW. As a result, the requirements of chapter 246-271 WAC do not reflect the most current and appropriate regulation of public sewage.
    Reasons Supporting Proposal: The department performed a section-by-section analysis of the chapter to confirm all requirements of chapter 246-271 WAC are adequately regulated under ecology statutes and rules and other public health statutes and rules to protect public health. The department consulted with ecology to complete the rule review and ensure no essential public health regulatory oversight will be lost with the repeal of the chapter. The department also confirmed that local health jurisdictions do not rely on the chapter for any activities unknown to the department.
    Statutory Authority for Adoption: RCW 43.20.050.
    Statute Being Implemented: RCW 43.20.050.
    Rule is not necessitated by federal law, federal or state court decision.
    Name of Proponent: Department of health, governmental.
    Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Vicki M. Bouvier, 111 Israel Road S.E., Tumwater, WA 98511, (360) 236-3011.
    No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(d), a small business economic impact statement is not required for proposed rules that only correct typographical errors, make address or name changes, or clarify the language of a rule without changing its effect.
    A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(iv) exempts rules that only correct typographical errors, make address or name changes or clarify the language of a rule without changing its effect.
    Clark Halvorson
    Assistant Secretary
    Division of
    Environmental Public Health
    REPEALER
    The following chapter of the Washington Administrative Code is repealed:
    WAC 246-271-010
    Definitions.
    WAC 246-271-020
    Prohibited methods of sewage disposal.
    WAC 246-271-030
    Investigative and order powers of secretary.
    WAC 246-271-040
    Plans for sewage systems.
    WAC 246-271-050
    Plans for sewage treatment works.
    WAC 246-271-060
    Plans for sewage treatment works-Requirements for engineers.
    WAC 246-271-090
    Operation of sewage treatment plants-Disinfection.
    WAC 246-271-100
    Irrigation with sewage.
    WAC 246-271-110
    Use of sewage sludge for fertilizer.
    WAC 246-271-120
    Adoption of appendix details as rules.
    WAC 246-271-130
    Appendix-Definitions.
    WAC 246-271-140
    Appendix-Report-Sewage system.
    WAC 246-271-150
    Appendix-General layout map.
    WAC 246-271-160
    Appendix-Plot plan.
    WAC 246-271-170
    Appendix-Engineering report-Sewage treatment works.
    WAC 246-271-180
    Appendix-Preliminary report, industrial waste treatment works.
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