Proprietary Treatment Products Emergency Rule

Emergency Rule Adoption - Chapter 246-272A-0110

The Washington State Department of Health (department), working with the State Board of Health, adopted a fifth emergency rule to allow on-site sewage system (OSS) proprietary treatment products to be operated and maintained with the best components available during an ongoing supply chain shortage. The first emergency rule was effective through October 12, 2022. The second emergency rule was effective from October 12, 2022 through February 9, 2023. The third emergency rule was effective from February 10, 2023 through June 10, 2023. The fourth emergency rule was effective from June 9, 2023 through October 6, 2023. The fifth emergency rule was effective from October 6, 2023 through February 3, 2024.
This sixth emergency rule is effective from February 2, 2024 through June 2, 2024

This emergency rule:

  • Allows manufacturers to propose changes to the department for retrofitting components of their proprietary products under prescribed circumstances.
  • Ensures substituted proprietary products are not negatively impacting the treatment, operation, or maintenance.
  • Ensures public health and environmental protections are maintained while limiting delays on home sales.

We have incorporated this rule language into the recently concluded permanent rulemaking as a long-term solution. The applicable sections of the permanent rule will be in effect before this emergency rule expires. 

Important links that provide additional information:

Information for Manufacturers

Manufacturers of products impacted by a supply chain shortage can submit to the department a written plan that ensures proprietary systems are not negatively impacted in their treatment, operation, or maintenance.

Once the department receives the written plan, we will be in contact if there are any questions or concerns. Manufacturers will receive written notification from the department when we approve the plan.


For more information about the rule making or Wastewater Management Section (WWMS) contact:

Jeremy Simmons, WWMS manager, 360-236-3346

Roger Parker, WWMS staff, 360-489-5305

Peter Beaton, rules coordinator, 360-236-4031