Wash. Rev. Code » Title 70 · Chapter 70.05
Revised Code of Washington

Wash. Rev. Code § 70.05.072 (2026)

✓ current as of May 2026
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The local health officer may grant a waiver from specific requirements adopted by the state board of health for on-site sewage systems if:
(1) The on-site sewage system for which a waiver is requested is for sewage flows under three thousand five hundred gallons per day;
(2) The waiver request is evaluated by the local health officer on an individual, site-by-site basis;
(3) The local health officer determines that the waiver is consistent with the standards in, and the intent of, the state board of health rules; and
(4) The local health officer submits quarterly reports to the department regarding any waivers approved or denied.
Based on review of the quarterly reports, if the department finds that the waivers previously granted have not been consistent with the standards in, and intent of, the state board of health rules, the department shall provide technical assistance to the local health officer to correct the inconsistency, and may notify the local and state boards of health of the department's concerns.
If upon further review of the quarterly reports, the department finds that the inconsistency between the waivers granted and the state board of health standards has not been corrected, the department may suspend the authority of the local health officer to grant waivers under this section until such inconsistencies have been corrected.
[ 1995 c 263 s 1.]
Notes of Decisions
Cited in 2 cases, 2011–2011 · leading case: Brotherton v. Jefferson Cnty., 160 Wash. App. 699 (Wash. Ct. App. 2011).
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Brotherton v. Jefferson Cnty., 160 Wash. App. 699 (Wash. Ct. App. 2011). “” RCW 70.05.072(2)-(3); WAC 246-272A-0420. The JCC adds additional criteria, providing the local health officer may grant a waiver if “[s]pecial circumstances exist that are not of the applicant’s making” or “[a]n unnecessary hardship will occur without the waiver.”
Brotherton v. Jefferson Cnty., 249 P.3d 666 (Wash. Ct. App. 2011). “" RCW 70.05.072(2)-(3); WAC 246-272A-0420. The Jefferson County Code adds additional criteria, providing the local health officer may grant a waiver if "special circumstances exist that are not of the applicant's making" or "an unnecessary hardship will occur without the waiver.”
— Wash. Rev. Code § 70.05.072(2) — 2 cases
Brotherton v. Jefferson Cnty., 160 Wash. App. 699 (Wash. Ct. App. 2011). “” RCW 70.05.072(2)-(3); WAC 246-272A-0420. The JCC adds additional criteria, providing the local health officer may grant a waiver if “[s]pecial circumstances exist that are not of the applicant’s making” or “[a]n unnecessary hardship will occur without the waiver.”
Brotherton v. Jefferson Cnty., 249 P.3d 666 (Wash. Ct. App. 2011). “" RCW 70.05.072(2)-(3); WAC 246-272A-0420. The Jefferson County Code adds additional criteria, providing the local health officer may grant a waiver if "special circumstances exist that are not of the applicant's making" or "an unnecessary hardship will occur without the waiver.”
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