Washington Administrative Code
Title 246 - Health, Department of
SEWER SYSTEMS
Chapter 246-272B - Large on-site sewage system regulations
Part 4 - ENGINEERING REQUIREMENTS
Section 246-272B-04100 - Management plan
Universal Citation: WA Admin Code 246-272B-04100
Current through Register Vol. 24-24, December 15, 2024
(1) The management plan must include, at a minimum:
(a) A
statement identifying whether the ownership of the development served by the
LOSS is:
(i) A single owner; or
(ii) A collection of individually owned lots
or units.
(b) If a
development has individually owned lots or units, a statement that it is
managed by:
(i) A public entity or a
wastewater company regulated by the Washington utilities and transportation
commission; or
(ii) A private
management entity with a public entity or a wastewater company regulated by the
Washington utilities and transportation commission contracted as a third party
guarantor.
(c) A copy of
the agreement, ordinance, covenant, or other legal document given to all
customers that explains the rights and responsibilities of individual users of
the LOSS and of the owner, management entity, or other responsible person. The
agreement, ordinance, covenant, or other legal document must include, but is
not limited to, the following:
(i) The fees
and rates to be charged;
(ii) How
charges may be amended; and
(iii) A
list of substances that are prohibited from entering the LOSS in WAC
246-272B-06000.
(d) A narrative describing the
management entity's experience managing LOSS and OSS including, but not be
limited to:
(i) A list of all LOSS and OSS
currently managed and owned, and counties they are located in;
(ii) Number of staff and their
qualifications.
(e)
Name, telephone number, fax number, mailing address, and e-mail address for the
following:
(i) Management entity;
(ii) Primary contact person for the
management entity;
(iii)
Third-party guarantor, if any.
(f) A copy of all recorded LOSS and LOSS
component easements that allow access to perform O&M, repair, modification,
and replacement, if located on private property or in the public right of way,
including easements for sewage tanks on individual lots. Easements for sewage
tanks on individual lots must be obtained and recorded as the lots are built
upon, if not before.
(g) A
description of the specific duties of the management entity;
(h) A contingency plan to operate, maintain,
and manage the LOSS so that public health and the environment are protected
during a transition from one management entity to another;
(i) Signed and notarized management agreement
between the LOSS owner and the management entity in which the management entity
agrees to comply with the following requirements:
(i) Operate and maintain the LOSS consistent
with this chapter and any other applicable rules or statutes, and with the
requirements in the owner's operating permit;
(ii) Provide adequate management, staff, and
facilities to properly manage the LOSS;
(iii) Provide the owner and the department
updated contact information including name, telephone number, fax number,
mailing address, and e-mail address when changes occur;
(iv) Contract with licensed, certified, or
local health jurisdiction-approved professionals for maintenance service,
pumping, electrical, and mechanical repair and modifications, as needed;
and
(v) When a proprietary
treatment component is used, employ the proprietary treatment component
manufacturer to monitor and maintain the proprietary system, or employ a LOSS
operator who meets the requirements of WAC
246-272B-07200(3).
(j) Maintain records of
performance and all inspections, repairs, sampling, pumping, and
improvements;
(k) Proof of an
accounting and audit system set up and maintained using standard accounting
practices; and
(l) Description of
how the owner or management entity will obtain and maintain adequate current
and future funding for LOSS operations and capital improvement expenses
including:
(i) Long-term maintenance and
operation of the LOSS and operator costs;
(ii) Inspection, repair, and replacement of
components; and
(iii) Compliance
with any conditions of construction approval or conditions that may be included
in the operating permit.
(2) If the LOSS serves individually owned units or lots, the management plan must also include the following:
(a) Articles of incorporation and bylaws,
including procedures to amend existing agreements for homeowner associations,
corporations, or other associations of owners.
(b) Name of the association's or
corporation's registered agent; and
(c) Copies of recorded easements to the LOSS
and all components, including sewage tanks on individual lots, regarding access
to perform O&M, repair, modification, and replacement. Easements for sewage
tanks on individual lots must be obtained and recorded as the lots are built
upon, if not before.
Statutory Authority: RCW 70.118B.020. 11-12-035, § 246-272B-04100, filed 5/25/11, effective 7/1/11.
Disclaimer: These regulations may not be the most recent version. Washington may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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