Statutory Authority:
RCW 69.30.030
SBOH Contact:
Ned Therien, 360-236-4103
DOH Contact:
Rick Porso,
360-236-3302
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Drinking Water Laboratory Certification
The Board's
chapter 246-390 WAC, Drinking Water Laboratories,
and the Department of Ecology’s
chapter 173-50 WAC on environmental laboratory
certification overlap. The Board filed a CR-101 in
November 2006 to consider a revision to its rule,
primarily to remove duplication with Ecology’s rule.
CR-101 filed on November 13, 2006 as
WSR-06-23-077.
This rule making is suspended for 2011 because of
Governor Gregoire's Executive Order 10-06.
Statutory Authority:
RCW 43.20.050
SBOH Contact:
Ned Therien, 360-236-4103
DOH
Contact:
Theresa Phillips, 360-236-3147
Food Service
The Board adopted
comprehensive revisions to the food service regulations,
Chapter 246-215 WAC, in September 2004. In
November 2009, the Board asked the Department to develop
a proposal to update these rules. The Department is
meeting with stakeholders to solicit input for updating
provisions to correspond with the most recent FDA Food
Code, the 2009 edition.
Statutory Authority:
RCW 43.20.050
SBOH Contact:
Ned Therien, 360-236-4103
DOH Contact: Dave
Gifford, 360-236-3074
For more information, please visit the DOH food
service rules development Web site:
http://www.doh.wa.gov/ehp/food/rulerevision.htm.
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Keeping of Animals
The Board received a petition for rule making in June
2009 to revise
WAC 246-203-130, Keeping of animals, regarding
nuisances related to manure. The Board denied the
specific request in the petition at its July 2009
meeting, but directed staff to open the rule to consider
updating the rule. This rule making is suspended for
2011 because of Governor Gregoire’s Executive Order
10-06.
Statutory Authority:
RCW 43.20.050(2)
SBOH Contact:
Ned Therien, 360-236-4103
Onsite
Sewage Systems: Smaller
The Board adopted
comprehensive revisions to
chapter 246-272 WAC in July 2005, which became
completely effective in July 2007.
In November 2009, the
Department of Health briefed the Board on the lack of
need to make major revision to the rules.
http://www.sboh.wa.gov/meetings/2009/11-04/materials.htm#item_08
In 2004, the Board filed a CR-101 for the combination
activities of revising rules for large on-site sewage
systems and developing a rule for septic tank
construction standards. In 2006, the Board filed a
CR-101 to develop a new chapter 246-272C WAC for sewage
tank design and construction standards. In May 2007, the
Department released a draft guidance document that
served as the basis for further development of a sewage
tank rule proposal. In October 2009, the Board adopted
the new rule chapter for sewage tank design and
construction.
In March 2006, the Board received a petition for rule
making from the Lt. Governor and members of the Select
Committee on Hood Canal regarding approving aerobic
bacteria generator proprietary technology for
remediation of drainfields. The Board asked the
Department to initiate development of a rule, but to
expand the scope to include all types of technologies
that might be used to remediate drainfields. In July
2007, the Department distributed Recommended Standards
and Guidance for Performance, Application, Design, and
Operation and Maintenance Proprietary On-site Wastewater
Treatment Products as an interim measure to development
of proposed rules. View the standards at:
http://www.doh.wa.gov/ehp/ts/WW/Proprietary_8-29-07.pdf.
This rule making is suspended for 2011 because of
Governor Gregoire's Executive Order 10-06.
Statutory Authority:
RCW 43.20.050
SBOH Contact:
Ned Therien, 360-236-4103
DOH Contact:
Maryanne Guichard, 360-236-3391
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Onsite Wastewater Sewage Systems:
Large
Comprehensive revisions to
Chapter 246-272B WAC are being developed by the
Department of Health. The Board’s authority for the
rules was transferred to the Department in the 2007
legislative session.
Statutory Authority:
RCW 43.20.050
SBOH Contact:
Ned Therien, 360-236-4103
DOH Contact:
Maryanne Guichard, 360-236-3391
Return to index
Primary and Secondary School Environmental Health and
Safety
Chapter 246-366 WAC is the Board’s environmental
health and safety rule for primary and secondary
schools. The Board initiated a rule revision in October
2004. The Department convened a School Rule Development
Committee (SRDC) to provide advice on rule changes. The
committee included representatives from public health,
school agencies and organizations, parent/teacher
associations, parents, and school staff. The SRDC
recommendations were considered by the Department in
developing a first draft rule revision proposal,
released in March 2006, and a second draft, released in
August 2007. The Department and Board received much
public comment on the drafts and possible costs. The
Board formed another stakeholder workgroup called the
School Rule Revision Team (SRRT) with similar
representation, which met 6 times from April to June
2008 to help standardize assumptions about proposed rule
provisions.
The Board filed a completed rule proposal on July 23,
2008. The Board received public testimony at rule
hearings on August 27 and September 10, 2008. It
deliberated about adopting the rule on October 8, 2008
but decided to delay a vote on rule adoption to a future
meeting, not later than June 2009. The Legislature
included a proviso in the State’s operating budget for
the 2009-2011 biennium that restricts implementation of
new or amended rules for school facilities unless it
provides funding for such implementation. In June 2009
the Board directed staff to file a supplemental proposal
for the rules, which was done on July 1, 2009.
On August 12, 2009, the Board adopted an amended,
blended version of the alternatives in the supplemental
rule proposal. It filed a rule order (CR103) in December
2009 providing an effective date of July 1, 2010 for the
new rules, with the expectation it would need to
reconsider the effective date based on the 2010
legislative session. Existing chapter 246-366 WAC will
remain in place until superseded by new provisions of
chapter
246-366A WAC.
On March 10, 2010, as the regular legislative session was
concluding and no funding was expected to allow
implementation of the new rules, the Board voted to
delay the effective date of the rules one year.
Therefore, staff filed an updated CR-103 with the
Office of the Code Reviser to establish the effective
date for the new rules of July 1, 2011.
On April 13, 2011, the Board again voted to file a
rule-making order to delay the effective date of the new
rules another two years – July 1, 2013. This delay in
the effective date is necessary because of anticipated
continuation of legislative prohibition against
implementation of the new rules due to continuing
weakness in the economy impacting state, local, and
school budgets.
This order could
be amended by the Board in the future to again delay the
effective date of all or some of the new sections,
depending on legislative actions in upcoming sessions
regarding restricting implementation of the rules and
providing funding to public schools for the new rule
provisions.
Board activities:
Statutory Authority:
RCW 43.20.050
SBOH Contact:
Ned Therien, 360-236-4103
DOH Contact:
Nancy Bernard, 360-236-3072, or
Mark Soltman, 360-236-3366
More information about
this rule revision available.
Return to index
Public Water
Supplies: Group A
The Board has rules for large public water supply
systems in
chapter 246-290 WAC. The Board received a request
from the Department of Health (DOH) in June 2009 for
delegation to revise this rule chapter to adopt new US
Environmental Protection Agency (EPA) provisions for
lead and copper, called "short-term revisions." The
Department adopted the latest EPA provisions for lead
and copper on August 15, 2011. The new rule provisions,
which went into effect on October 1, 2011, are explained
at the following DOH web site:
http://www.doh.wa.gov/ehp/dw/our_main_pages/lead-copper.htm.
Statutory Authority:
RCW 43.20.050
SBOH Contact:
Ned Therien,
360-236-4103
DOH Contact:
Theresa Phillips,
