Enforcement and Regulations
On this page:
- Letters to property owners
- Regulations / Codes
- Additional information: See sidebar at right.
Letters to Property Owners
Burley Lagoon, Filucy Bay, Rocky Bay SPDs / Pierce County PIC
Pierce County has created an agricultural enforcement flow chart. The flow chart, along with most other information about the pollution control strategy, is included in the Pollution Prevention, Identificaton, and Correction Manual. Pierce County has standard operating proceedures for the progression of outreach and education, technical assistance, and enforcement.
Henderson and Nisqually SPDs
If an OSS is undergoing dye testing, the County has already explained to property owners what happens if a failure is found. If this occurs, the County sends a letter with a warning explaining that the dye test has been conducted, the results were dye-positive, and soon the property owner will receive a Notice of Violation. Next, the County follows up with the Notice of Violation that includes a timeline for repair. If the property owner is unable to make the deadline, they must provide a written request for an extension or a status update. Failure to comply may result in civil penalties, which accrue daily. If the property owner does not comply or pay civil penalties, then court action is taken.
The County refers some pollution violations at dairies and confined animal feeding operations to the Department of Agriculture. The County will not take action if another agency is already enforcing the correction.
Jefferson County CWD
OSS O&M follow up letters are sent when deficiencies are found. Violation letters are sent when failing or violating OSS's are found. In 2014, the County is beginning to use a Notice to Title in certain OSS violation cases.
Kitsap Public Health District
Notice and Order to Correct Violation letters are mailed by regular and certified mail to property owners of failing OSS and animal waste violations.
Oakland Bay CWD
Mason County sends out a initial contact letter followed by a Notice and Order to properties with confirmed failing OSS. Letter templates are included as appendices to the Water Quality Standard Operating Proceedure.
Skagit County CWP / The CSI / PIC Program
Owners of properties identified by evaluation/inspection by car were contacted via letter, with a follow up meeting between the inspector and landowner to discuss the property. The program is closely coordinated with Ecology and WSDA. SCPH sends a series of letters to property owners in MRAs who do not have a current O&M inspection of their OSS. If the inspection is not completed within the time frame set out in the letters (approximately 90 days), the property owner is subject to a $75 per day fine.
Regulations/Codes
Burley Lagoon, Filucy Bay, Rocky Bay SPDs / Pierce County PIC
Ecology is the agency typically responsible for enforcement of agricultural violations. Enforcement rarely occurs because the county prefers an incentive based approach, which is usually effective at resolving the water quality problem. Pierce County Code 11.05 (PDF) provides for progressive compliance and enforcement orders and penalties.
Henderson and Nisqually SPDs
In Thurston County, all property owners with OSSs in the marine recovery areas need to have a current operational certificate. If they do not complete the required inspections and needed maintenance or repairs, then they are in violation of the code. There are two tracks used for compliance with the O&M requirements depending on the risk level of the system: Low risk systems are designated as “non-conforming”, the violation is reported to potential buyers at time of sale and no other county permits for other work on the property are issued until the OSS is brought back into compliance. For high risk systems, legal actions available are used to gain compliance including notices of violation, civil penalties, and court orders. Refer to Article IV (PDF) for governing treatment and dispersal of sewage and Article VI (PDF) for governing nonpoint source pollution. Section 4.2 of Article VI includes animal waste violations. Article VI is practice-based and focuses on best management practices, and does not require that the County demonstrates through sampling that an operation is contributing bacteria or pollution.
Jefferson County CWD
OSS problems are defined and dealt with via Jefferson County Ordinance 06-0517-12. Jefferson County Environmental Health can enforce septic violations. Jefferson County Code 8.10 allows enforcement of manure in streams, but not for the potential to pollute. Ecology must be used to enforce violations of BMPs, although it is rarely used to do so.
Kitsap Public Health District
Most violations are corrected voluntarily through education and technical assistance. Enforcement is conducted when voluntary correction has not been achievable, under the authority of Kitsap Health's OSS or solid waste regulations (Ordinance 2008-A1 (PDF) or Ordinance 2010-1 (PDF)).
Oakland Bay CWD
The OSS Program is governed by the Washington State and Mason County Codes and Regulations. The balance between enforcement and incentives was an issue for the SPD in the early days of the committee. Ecology has been the enforcement arm of agricultural violations in the area. MCPH has posted a few residences for non-occupancy when a correction to a failing OSS was not immediately made by the property owner. Educating property owners has been important. The County has the capability to enforce action on properties that show contrubution of fecal contamination, and enforcement can include anything from fines to assessing liens on a property. The Conservation District does not tell Mason County about uncooperative landowners because of the confidential requirements of their work, and they can only work where they are funded to do so.
Sequim Bay Dungeness Watershed CWD
The Clallam County OSS Ordinance outlines the enforcement of OSS violations in the area. Enforcement tools such as issuing civil infractions (ticket writing) were recently incorporated into Environmental Health code but are yet to be tested. Clallam County received funding to bring the Sheriff Department's code compliance deputy on some site visits. However, if it is obvious a property owner doesn't want anyone on their property, the sheriff will not enter. The Clallam County prosecutor is reluctant to issue search warrants, so these properties are documented as ‘unknown'. In general, the field staff can determine whether they feel comfortable entering a property. If not, they can call the sheriff.
Skagit County CWP / The CSI / PIC Program
Skagit County Planning and Development Services, Skagit County Public Health, WSDA, and Ecology provide enforcement. Regulations include: OSS ordinance, the Critical Areas Ordinance (CAO), and state anti-pollution laws.
If landowners do not implement corrective actions, enforcement may occur via the County or Ecology. In the County, the CAO allows enforcement of "watercourse protection measures".
South Holmes Harbor SPD
Compliance is mostly voluntary. Code provides the County authority to condemn homes with failing systems, but staff has rarely used that authority. Instead, the SPD recommends working to build conversations and relationships with property owners to encourage behavior change.
Stillaguamish River CWD
Enforcement can come through DOH or the County, but to date they have chosen a non-regulatory framework for enforcement. Snohomish County asked their prosecuting attorney to give a legal opinion on access to private property, and that opinion is used as methodology for gaining access to properties. The county also funded a half-time position in the sheriff's department to assist with gaining access, but with the economic downturn that funding has been eliminated.