Chapter 13.200 ON-SITE TREATMENT AND DISPOSAL

(1) The Tulalip Tribes Board of Directors finds that construction and utilization of on-site wastewater treatment and disposal systems within the Tulalip Reservation has a direct effect on the economic security and the health, safety and welfare of the Tulalip Tribes and its members, as well as others residing on or doing business within the Reservation. Inadequate treatment of wastewater within the Tulalip Reservation presents a health hazard, and contaminates and degrades water resources on which many people depend for recreational, cultural, domestic, industrial, business, and agricultural uses.

(2) The Tulalip Reservation has a distinct geological profile featuring steep slopes, silt, clay, and glacial till strata, as well as shallow ground water, soil saturation, and areas unacceptable for the treatment of on-site sewage effluent. The need for effective on-site waste disposal regulation is amplified by the Reservation’s proximity to Puget Sound and the Tribes’ vital treaty resources. Accordingly, uniform design, installation, and location standards, permitting and planning procedures, and operations and maintenance requirements for on-site sewage systems is required to protect the quality of Reservation waters and other natural resources for current and future uses.

(3) Therefore, this chapter and the associated On-Site Treatment and Disposal Regulations are hereby adopted for the purpose of regulating the design, installation and use of on-site wastewater treatment and disposal within the jurisdiction of the Tulalip Tribes. [Res. 2015-449].

13.200.020 Definitions.

Terms under this chapter shall be liberally construed so as not to limit the jurisdiction of the Tulalip Tribes, and to facilitate the authority of the Tribes to act to protect public health, safety, and welfare. For the purposes of this chapter, the following definitions shall apply:

(1) “Approved” means expressly accepted or ratified by Planning.

(2) “As-built” means a revised set of drawings submitted by a contractor upon completion of a project or a particular job, which reflects all changes made in the specification and work drawings during the construction process and shows the exact dimensions, geometry, and location of all elements of work completed under the contract.

(3) “Bed” means a part of the soil dispersal component of an on-site sewage treatment system excavated and with a width greater than three feet.

(4) “Cover” means soil material that is used to cover a subsurface disposal area that utilizes mineral soils with vegetative matter content (organics) no greater than 10 percent. An overlaying organic surface layer can be used to establish landscaping and reduce erosion.

(5) “Cuts and/or banks” means any naturally occurring or man-made slope which is greater than 100 percent (45 degrees) and extends vertically at least five feet from the toe of the slope to the top of the slope.

(6) “Planning” means the Tulalip Tribes Planning Department.

(7) “Development” means the construction of a residence, structure, facility, subdivision, area or any activity where the end will eventually result in the production of sewage.

(8) “Disinfection” means the destruction of disease causing microbes in sewage by applying either ultraviolet light, chlorination or the use of ozone as treatment.

(9) “Distribution technology” means any arrangement of equipment or materials that distribute sewage within the on-site sewage system.

(10) Drainfield. See “subsurface soil absorption system (SSAS).”

(11) “Drain rock” means clean, washed gravel ranging in size from three-quarters of an inch to two and one-half inches and consisting of fines no more than two percent by weight by passing through a number 8 sieve and no more than one percent by weight passing through a number 200 sieve.

(12) “Effluent” means a liquid discharged from a septic tank or other on-site system component.

(13) “Executive Director” means the Tulalip Tribes Executive Director of Public Works.

(14) “BOD” means the Tulalip Tribes Board of Directors.

(15) “Expansion” means a change in a residence, facility or use that:

(a) Causes the sewage quantity or quality to exceed the existing flow for which it was originally designed. For example, an increase from one bedroom to two bedrooms or a change from an office space to a restaurant; or

(b) Reduces the treatment or functional capacity of the system or the reserve area. For example, when a building is designed and constructed over a reserve area.

(16) “Extremely gravelly” means soils with 60 percent or more but less than 90 percent rock fragments.

(17) “Experimental system” means any alternative on-site system for which guidelines have not yet been established by Planning or the State of Washington.

(18) “Failure” means a condition of the on-site sewage system or its component parts that causes incomplete treatment of sewage, or creates a potential for direct or indirect contact between sewage and the public, and includes discharge of sewage on the surface of the ground, sewage backing up into a structure, sewage leaking from a tank, effluent contaminating ground water or surface water, or any OSS not operating in compliance with permit requirements.

(19) “Fecal coliform” means common bacteria that inhabit the gut of warm blooded animals whose presence in sampling are used as markers of potentially harmful bacterial contamination.

(20) “Gravelly” means soils with 15 percent or more but less than 35 percent rock fragments by volume.

(21) “Ground water” means subsurface water occupying the zone of saturation, permanently or seasonally (the top surface of which is commonly referred to as the water table), the indication of which may be demonstrated by one or both of the following methods:

(a) Water seeping into or standing in an open excavation from the soil surrounding the excavation; or

(b) Spots or blotches of different shades of color interspersed with a dominant color in soil, commonly referred to as mottling. This is caused by an intermittent period of saturation and drying and may be indicative of poor aeration and impeded drainage.

(22) “Holding tank” means a sewage system which is simply a tank without a discharge outlet that is pumped on a regular interval.

(23) “Hydraulic loading rate” means the amount of effluent applied to a given treatment step, expressed as gallons per square foot per day.

(24) “Industrial wastewater” means water or other liquids that are associated with an industrial process, or agricultural activity. This includes stormwater and leachate from solid waste facilities.

(25) “Infiltrative surface” means a surface or soil component to which the effluent is applied and then moves into original arid undisturbed soil or other porous treatment media.

(26) “Installer” means a person licensed to install on-site sewage components.

(27) “Large on-site sewage system (LOSS)” means any on-site sewage system with design flows, at any common point, between 3,500 and 100,000 gallons per day that conveys, stores, treats and provides subsurface soil treatment and disposal of domestic sewage, and can serve between 10 to 370 individual residents or a combination of equivalent flows from schools, churches, campgrounds and recreation vehicle parks, resorts or park sites.

(28) “Maintenance” means the actions necessary to keep an on-site sewage system functioning as designed.

(29) “On-site sewage system (OSS)” means any system of piping, treatment devices, or other facilities that convey, store, treat, or dispose of sewage on property where it originates or on adjacent or nearby property under the control of the user where the system is not connected to a public system.

(30) “Ordinary high water mark” means the mark on all lakes, streams, and river waters which will be found by examining the beds and banks and ascertaining where the presence and action of waters are so common and usual and so long continued in all ordinary years, as to make upon the soil a character distinct from that of the abutting upland, in respect to vegetation, as that condition exists on the effective date of this regulation or as it may naturally change thereafter, or, in relation to main waters, the elevation at mean higher high tide.

(31) “Person” means any individual, association of individuals, partnership, private, public, Tribal or municipal corporation, Tribal enterprise, company, business enterprise, or any Tribal, Federal, State, or local government or governmental entity or enterprise.

(32) “Pressure distribution” means a system of small diameter pipes equally distributing effluent throughout a septic drainfield. A subsurface drip irrigation system may also be used where pressure distribution is required.

(33) “Proprietary device or method” means any device or method classified as an alternative system or component thereof that is held under a patent, trademark, or copyright.

(34) “Public sewer system” means a sewage system which is owned or operated by the Tulalip Tribes, by the Federal government, by the State of Washington or any subdivision thereof, or any other approved ownership consisting of a collection system and necessary trunks, pumping facilities and a means of final treatment and disposal.

(35) “Pumper” means a person approved by Planning and licensed within the State of Washington to remove and transport sewage or septage from on-site sewage systems.

(36) “Record drawing” means an accurate graphic representation of the location, and features of an on-site sewage system accompanied with a written record that is needed to properly monitor, operate, and maintain that system.

(37) “Repair” means the relocation, replacement, addition, alteration or installation of one or more components of a system necessary to eliminate an existing or potential health hazard to the Reservation population, or pollution or other damage to the waters of the Reservation, or the Reservation environment, which may be caused by either a failure or inadequate system.

(38) “Reserve area” means an area of land approved for the installation of a conforming system that is protected and maintained for use upon the replacement of the failure of the current OSS.

(39) “Restrictive layer” means a layer that impedes the vertical movement of water, air, and growth of plant roots. Examples of such layers are hardpans (glacial till), clay, fragipans, compacted soil, and bedrock.

(40) “Rock fragment” means rock or mineral fragments having a diameter of two millimeters or more.

(41) “Septic tank” means a watertight pretreatment receptacle which receives the discharge of sewage from a building sewer or sewers and is designed and constructed so as to permit mixing and separation of settleable and floating solids from the liquid, as well as detention and digestion of the organic matter (sludge), prior to discharge of the liquid effluent to treatment.

(42) “Sewage” means any urine, feces and water carrying human or domestic waste from residences, buildings, industrial establishments or other facilities and includes kitchen, bath and laundry wastes.

(43) “Sewage quality” means contents in sewage that include:

(a) CBOD5, TSS, and O&G;

(b) Other parameters that can adversely affect treatment, such as pH, temperature, and dissolved oxygen; and

(c) Other constituents that create concerns, as determined by Planning, due to specific site sensitivity, such as fecal coliform and nitrogen.

(44) “Soil disposal components” means disposal of effluents and sludges from industrial processes into the soil, soil constituent.

(45) “Soil log” means an excavation made on site in soil of sufficient size and depth used to make a detailed description of soil characteristics including soil layer, texture, structure, color, bulk density or compaction, water absorption capabilities or permeability, as well as the seasonal high water table and restrictive layer, or any other characteristics providing information as to the soil’s capacity to act as an acceptable treatment and dispersal medium for on-site sewage effluent.

(46) “Subsurface drip system” means an efficient pressurized system designed to deliver small and precise doses of effluent to the soil surrounding a drip distribution piping (drip line).

(47) “Subsurface soil absorption system (SSAS)” means a soil dispersal component of trenches or beds containing either a distribution pipe within a layer of drain rock covered with a geotextile, or an approved gravel less distribution technology, designed and installed in original, undisturbed, unsaturated soil providing at least minimal vertical separation as established in this chapter, with either gravity or pressure distribution of the treatment component effluent.

(48) “Surface water” means any body of water, which either flows or is contained in natural or artificial depressions for significant periods of the year, including natural and artificial lakes, ponds, unlined canals, rivers, streams, swamps, and marshes.

(49) “Timed dosing” means a system that delivers specific amounts of sewage to the treatment area at timed intervals.

(50) “Treatment component” means a technology that treats sewage in preparation for further treatment and/or dispersal to the soil and environment.

(51) “Trench” means a soil dispersal component of an on-site sewage treatment system consisting of an elongated excavation with a width of three feet or less.

(52) “Vertical separation” means a depth of unsaturated original, undisturbed soil that exists between the bottom of an SSAS and the highest seasonal ground water table, a restrictive layer, or soil type 7.

(53) “Well” means any excavation that is constructed to divert, artificially recharge, observe, monitor, dewater, or withdraw ground water for domestic, commercial, agricultural, municipal or industrial uses. However, wells do not include:

(a) A temporary observation or monitoring well used to determine the depth to a water table to locate an OSS;

(b) An observation or monitoring well used to measure the effect of an OSS on a water table; or

13.200.030 Scope and applicability.

(1) This chapter applies to all lands and uses within the Tulalip Reservation and any other lands within the jurisdiction of the Tulalip Tribes. Construction permits or other comparable permit approvals issued by the Indian Health Service, the Tulalip Tribes, or Snohomish County prior to the effective date of this chapter are valid under this chapter; provided, that this chapter shall apply where its provisions are more stringent.

(2) Every building or structure intended for human habitation or occupancy, within the scope of applicability of this chapter, must utilize an approved on-site sewage treatment system or be connected to a public sewer system. An on-site sewage treatment system may only be approved under this chapter when no public sewer system is available for such building or structure. Any on-site sewage system for newly constructed buildings or structures shall be installed, inspected and approved before such buildings or structures may be occupied.

(3) No person may construct, alter, repair, or extend, or cause to be constructed, altered, or extended, any on-site sewage disposal system contrary to the provisions of this chapter. [Res. 2015-449].

13.200.040 Responsibilities of Planning.

The Tulalip Tribes Planning Department shall have the following responsibilities:

(1) Planning shall maintain an inventory of all known on-site sewage systems in operation on the Tulalip Reservation.

(2) Planning shall facilitate education of homeowners regarding operation and maintenance for all types of systems in use on the Tulalip Reservation.

(3) Planning shall remind and encourage homeowners to complete operation and maintenance inspections as required.

(4) Planning shall administer OSS permit applications, and operation and maintenance inspections.

(5) Planning shall maintain all records required under this chapter.

(6) Planning shall identify any area where an OSS could pose an increased public health risk and develop planning that is coordinated with the comprehensive land use planning of the Tulalip Tribes, which should include, but is not limited to:

(a) Shellfish growing and harvesting areas;

(b) Designated wellhead protection areas for Group A water systems;

(c) Areas up gradient or adjacent to natural waters that directly affect the ability of Tribal members to swim, bathe or enjoy the natural and cultural resources of the Reservation; and

(d) Frequently flooded areas as identified by Federal Emergency Management Agency.

(7) Planning may develop recommended standards and guidance in permitting different types of sewage treatment and distribution technologies, including:

(a) Public domain treatment or distribution technologies; and proprietary treatment or distribution products. [Res. 2015-449].

13.200.050 Permit required – Administration of permit applications.

(1) An on-site sewage disposal permit is required for any construction, installation, repair, modification, utilization, or alteration of any on-site sewage system. Applicants for on-site sewage disposal permits shall pay a permit fee to the Tulalip Tribes in an amount set by the On-Site Treatment and Disposal Regulations.

(2) Prior to any construction, installation, repair, modification, utilization, or alteration of any OSS, a permit fee and application shall be submitted to Planning on an approved form, which shall require, at a minimum, the following information:

(a) Name and address of the property owner and the applicant;

(b) Parcel number and address of the site;

(d) Drinking water source;

(e) Local sewer utility, if any;

(f) Size of parcel;

(g) Proposed action necessitating a permit (e.g., new installation, modification of existing OSS);

(h) Proposed and/or existing land use on site (e.g., residence, industrial use);

(i) Location of all utilities;

(j) Name, signature, and stamp of OSS designer;

(k) Date of application;

(l) Status of land (e.g., fee, trust, restricted fee);

(m) Name of evaluating Sanitarian;

(n) A soil and site evaluation that complies with this chapter;

(o) A dimensioned site plan showing the proposed system, a proposed reserve area, and any features that impact OSS design, such as soil logs and other soil tests, general topography and slope, ditching, swales and other drainage characteristics, an indication of ground water flow, the location of any encumbrances or easements affecting system placement, and an arrow indicating north;

(p) A detailed system design meeting the permitting standards of this chapter, including vertical cross-section drawings, and any calculations supporting the proposed design, such as operating capacity and design flow, soil type, and hydraulic loading rate.

(3) The Tribes’ Sanitarian shall evaluate the permit application for completeness, and may request from the applicant any additional information reasonably necessary to ensure compliance with this chapter. Within 30 days of receipt of all necessary information, as determined by Planning, the Tribes’ Sanitarian shall make a recommendation to the Executive Director as to whether the application satisfies the requirements of this chapter. The Executive Director shall issue an on-site sewage disposal permit for any construction, installation, repair, modification, utilization, or alteration of an on-site sewage system that satisfies the requirements of this chapter. Such permit shall expire three years from the date of issuance. The Executive Director may revoke or deny a permit for just cause, including but not limited to failure to satisfy the requirements of this chapter, construction or use of an OSS that threatens the public health, or misrepresentation or concealment of any material fact. [Res. 2015-449].

13.200.060 Alternative treatment systems.

The Executive Director may issue permits for alternative or experimental systems, consisting of treatment and/or soil disposal components other than a conventional septic tank and subsurface soil absorption system, only after considering guidelines established by the National Sanitation Foundation and other technical resources, and after a technical evaluation report has been obtained regarding the device, method or system proposed for use. The Executive Director shall include permit conditions which are reasonable in light of the guidelines and technical evaluation report. All alternative and proprietary systems issued a permit must be in compliance with those guidelines and reports. Costs for any technical evaluation reports, monitoring and other reporting shall be paid by the permit applicant as part of the permit fee. [Res. 2015-449].

13.200.070 Proprietary treatment systems.

Any proprietary treatment systems listed in the Washington State List of Registered On-Site Treatment and Distribution Products, as it presently exists or as amended subsequent to the date of enactment of this chapter, are permissible for installation on the Tulalip Reservation. [Res. 2015-449].

13.200.080 Large on-site sewage systems.

In cases where the maximum design flow of any proposed OSS is greater than 3,500 gallons per day, the standards of this chapter shall not apply. The Executive Director may, at his or her discretion, conduct such a permit review pursuant to Chapter 13.55 TTC or Chapter 246-2728 WAC, Large On-Site Sewage System Regulations. [Res. 2015-449].

13.200.090 Location.

(1) An OSS shall be designed and installed to meet the minimum distances for location of the various component parts of an on-site sewage system as measured horizontally, and shall comply with Table I, Minimum Horizontal Separations. If any condition indicates a greater potential for contamination or pollution, the Executive Director may increase the minimum horizontal separations. Examples of such conditions include excessively permeable soils, unconfined aquifers, shallow or saturated soils, dug wells, and improperly abandoned wells.

Table I
Minimum Horizontal Separations
Items Requiring Setback	From Edge of Soil Drainfield Distribution Box or Reserve Area	From Septic Tank and Sewer	From Building
Well or suction line	100 ft.	50 ft.	50 ft.
Public drinking water well	100 ft.	100 ft.	100 ft.
Public drinking spring water	200 ft.	200 ft.	100 ft.
Pressurized water supply line	10 ft.	10 ft.	10 ft.
Surface water (fresh water)
Class 1 streams (see TTC 7.24.040)	200 ft.	200 ft.	200 ft.
Class 2 streams (see TTC 7.24.040)	100 ft.	100 ft.	100 ft.
Critical wetlands	200 ft.	200 ft.	200 ft.
High value wetlands	100 ft.	100 ft.	100 ft.
Moderate value wetlands	50 ft.	50 ft.	50 ft.
Building foundations or in-ground swimming pools	10 ft.	10 ft.	N/A
Property lines or easement lines	10 ft.	10 ft.	2 ft.
Cut banks with a minimum of 5 ft. of original and undisturbed soil above a restrictive layer due to structural/textural change	25 ft.	N/A	N/A
Interceptor/curtain drain, drains/foundation drains/drainage ditches
Down gradient	30 ft.	5 ft.	N/A
Up gradient	10 ft.	N/A	N/A
Cut banks with less than 5 ft. of original and undisturbed soil above a restrictive layer due to structural/textural change	50 ft.	10 ft.	N/A
Other adjacent soil dispersal components/subsurface sort water infiltration systems	10 ft.	N/A	N/A

(2) The horizontal separation between an OSS dispersal component and an individual water well, individual spring, or surface water that is not a public water source may be reduced by the Executive Director, and be described as a conforming system upon signed approval by the Executive Director if the applicant demonstrates:

(a) Adequate protective site-specific conditions, such as physical settings with low hydro-geologic susceptibility from contaminant infiltration. Examples of such conditions include evidence of confining layers and/or aquatards separating potable water from the OSS treatment zone, excessive depth to ground water, down-gradient contaminant source, or outside the zone of influence; or

(b) Design and proper operation of an OSS system assuring enhanced treatment performance beyond that accomplished by meeting the vertical separation and effluent distribution requirements of this chapter; or

(3) Design and/or installation of a soil dispersal component shall only be permitted if:

(a) The slope is less than 45 percent (24 degrees);

(b) The area is not subject to:

(i) Encroachment by buildings or construction such as placement of power poles and underground utilities;

(ii) Cover by impervious material;

(iii) Vehicular traffic; or

(iv) Other activities adversely affecting the soil or the performance of the OSS;

(d) The land is stable; and

(e) Surface drainage is directed away from the site.

(4) The Executive Director may approve a sewer transport line within 10 feet of a water supply line if the line is constructed in accordance with Section C1-9 of the Washington State Department of Ecology’s “Criteria for Sewage Works Design,” December 1998. [Res. 2015-449].

13.200.100 Soil and site evaluation.

(1) Only professional engineers, designers, or qualified Tribal staff may perform soil and site evaluations. Soil scientists may perform soil evaluations only.

(2) The person evaluating the soil and site shall prepare a report which provides, at a minimum:

(a) A sufficient number of soil logs to evaluate conditions within the initial soil dispersal component and the reserve area. A minimum of three soil logs in the initial dispersal field and two soil logs in the reserve area shall be provided;

(b) The ground water conditions, the date of the observation, and the probable maximum height;

(c) The topography of the proposed initial system, the reserve area, and those areas immediately adjacent that contain characteristics impacting the design;

(d) The drainage characteristics of the proposed initial system, the reserve area, and those areas immediately adjacent that contain characteristics impacting the design;

(e) The existence of any structurally deficient soils subject to major wind or water erosion events such as slide zones and dunes;

(f) The existence of any designated floodplains or other sensitive areas that may be identified in a local management plan, FEMA map, or archeological, cultural and/or historic mapping;

(g) The location of existing features affecting system placement, including but not limited to:

(i) Wells and suction lines;

(ii) Water sources and supply lines;

(iii) Surface water and stormwater infiltration areas;

(iv) Abandoned wells;

(v) Outcrops of bedrock and restrictive layers;

(vi) Buildings;

(vii) Property lines and lines of easement;

(viii) Interceptors such as footing drains, curtain drains, and drainage ditches;

(ix) Cuts, banks, and fills;

(x) Driveways and parking areas;

(xi) Existing OSS; and

(xii) Underground utilities.

(3) The person evaluating the soil and site shall use the soil and site evaluation procedures and terminology in accordance with Chapter 5 of the On-Site Wastewater Treatment Systems Manual, EPA 625/R-00/008, February 2002, except where modified by, or in conflict with, this chapter.

(4) The person evaluating the soil and site shall use the soil names and particle size limits of the United States Department of Agriculture Natural Resources Conservation Service classification system.

(5) The person evaluating the soil and site shall determine texture, structure, compaction and other soil characteristics that affect the treatment and water movement potential of the soil by using normal field and/or laboratory procedures such as particle size analysis.

(6) The person evaluating the soil and site shall classify the soil as in Table II, Soil Type Descriptions.

Table II
Soil Type Descriptions
Soil Type	Soil Textural Classifications
1	Gravelly and very gravelly coarse sands, all extremely gravelly soils excluding soil types 5 and 6, all soil types with greater than or equal to 90% rock fragments.
2	Coarse sands.
3	Medium sands, loamy coarse sands, loamy medium sands.
4	Fine sands, loamy fine sands, sandy loams, loams.
5	Very fine sands, loamy very fine sands; or silt loams, sandy clay loams, clay loams and silty clay loams with a moderate or strong structure (excluding platy structure).
6	Other silt loams, sandy clay loams, clay loams, silty clay loams.
7	Unsuitable for treatment or dispersal.

(7) The owner of the property, or his or her agent, shall prepare the soil log excavation to allow examination of the soil profile in its original position by:

(a) Excavating pits of sufficient dimensions to enable observation of soil characteristics by visual and tactile means to a depth three feet deeper than the anticipated infiltrative surface at the bottom of the soil dispersal component; or

(b) Stopping at a shallower depth if a water table or restrictive layer is encountered.

(8) The owner of the property or his or her agent shall further prepare the soil log excavation to allow determination of the soil’s texture, structure, color, bulk density or compaction, water absorption capabilities or permeability, and elevation of the highest seasonal water table.

(9) The owner of the property shall assume responsibility for site safety by constructing and maintaining the soil log excavation in a manner as to prevent injury.

(10) Planning:

(a) Shall render a decision on the height of the water table within 12 months of receiving the application under precipitation conditions typical for the Reservation;

(b) May require water table measurements to be recorded during months of probable high-water table conditions, if insufficient information is available to determine the highest seasonal water table;

(d) May reduce the required number of soil logs for OSS serving a single-family residence if adequate soils information has previously been developed. [Res. 2015-449].

13.200.110 Design requirements – General.

(1) On-site sewage systems may only be designed by a licensed professional engineer or on-site wastewater treatment systems designer, except that the Executive Director may authorize the Tribes’ Sanitarian to design an OSS, and a resident owner of a single-family residence may design his or her own OSS if it is not adjacent to Class I streams, wetlands, or marine shorelines.

(2) The designer must fulfill the following criteria when developing a design for an OSS:

(a) All sewage from the building or use served must be directed to the OSS;

(b) Sewage tank design and construction must be reviewed and approved by Planning;

(c) Any hydraulic drainage connection from surface water, footing drains, roof drains, and subsurface stormwater infiltration systems, and other nonsewage drains must be prevented from entering the OSS, including the area where the OSS is located, and the reserve area;

(d) The OSS must be designed to treat and disperse the sewage volume as follows for single-family residences:

(i) The operating capacity is based on a 45 gallon per day per capita, presuming two people per bedroom.

(ii) The minimum design flow per bedroom per day is the operating capacity of 90 gallons multiplied by 1.33. This results in a minimum design flow of 120 gallons per bedroom per day.

(iii) A factor greater than 0.33 to account for surge capacity may be required by Planning.

(iv) The Executive Director may require an increase of the design flow for dwellings with anticipated greater flows, such as larger dwellings.

(v) The minimum design flow is 240 gallons per day.

(e) For other facilities, the design flows noted in “On-Site Wastewater Treatment Systems Manual,” U.S. EPA, EPA-625/R-00/008, February 2002, shall be used, unless specifically approved by Planning.

(f) The OSS must be designed to address sewage quality as follows, and for all systems the designer shall consider:

(i) Five-day biological oxygen demand, total suspended solids, and oils and grease;

(ii) Other parameters that can adversely affect treatment anywhere along the treatment sequence. Examples include pH, temperature and dissolved oxygen;

(iii) The sensitivity of the site where the OSS will be installed. Examples include areas where fecal coliform constituents can result in public health concerns, such as shellfish growing areas, designated swimming areas, and other areas identified by the local management plan; and

(iv) Nitrogen contributions. Where nitrogen has been identified as a contaminant of concern by the local management plan, it shall be addressed through lot size and/or treatment or both.

(g) For OSS treating sewage from a nonresidential source, the designer shall provide the following information:

(i) Information to show the sewage is not industrial wastewater;

(ii) Information regarding the sewage quality and identifying chemicals found in the sewage that are not found in sewage from a residential source;

(iii) A site-specific design providing the treatment level equal to that required of sewage from a residential source; and

(iv) The vertical separation to be used to establish the treatment levels and application rates. The selected vertical separation shall be used consistently throughout the design process.

(h) Treatment Levels.

(i) Requirements for matching treatment component and method of distribution with soil conditions of the soil dispersal component are listed in Table III, Treatment Component Performance Levels and Method of Distribution. The treatment levels correspond with those established for treatment components under the product performance testing requirements of this chapter. The method of distribution applies to the soil dispersal component.

(ii) Disinfection may not be used to achieve the fecal coliform requirements to meet:

(A) Treatment levels A or B in type 1 soils; or

(B) Treatment level C.

Table III
Treatment Component Performance Levels and Method of Distribution
Vertical Separation in Inches	Soil Type
Vertical Separation in Inches	1	2	3 – 6
12 < 18	A – pressure with timed dosing	B – pressure with timed dosing	B – pressure with timed dosing
≥ 18 < 24	B – pressure with timed dosing	B – pressure with timed dosing	B – pressure with timed dosing
≥ 24 < 36	B – pressure with timed dosing	C – pressure with timed dosing	E – pressure with timed dosing
≥ 36 < 60	B – pressure with timed dosing	E – pressure with timed dosing	E – pressure with timed dosing
≥ 60	C – pressure with timed dosing	E – pressure with timed dosing	E – pressure with timed dosing

(3) The coarsest textured soil within the vertical separation selected by the designer shall determine the minimum treatment level and method of distribution.

(4) The Executive Director shall not approve designs for cesspools or seepage pits.

(5) The Executive Director may approve a design for the reserve area different from the design approved for the initial OSS, if both designs meet the requirements of this chapter for new construction.

Table IV
Treatment System Performance Testing Levels
Level	Parameters
	CBOD5	TSS	O&G	FC	TN
A	10 mg/L	10 mg/L	–	200/100 ml	–
B	15 mg/L	15 mg/L	–	1,000/100 ml	–
C	25 mg/L	30 mg/L	–	50,000/100 ml	–
D	25 mg/L	30 mg/L	–	–	–
E	125 mg/L	80 mg/L	20 mg/L	–	–
N	–	–	–	–	20 mg/L
Values for levels A through D are 30-day values (averages for CBOD5, TSS, and geometric mean for FC). All 30-day averages throughout the test period must meet these values in order to be registered at these levels. Values for levels E and N are derived from full test averages.

[Res. 2015-449].

13.200.120 Design requirements – Septic tank sizing.

Septic tanks shall:

(1) Have at least two compartments, with the first compartment liquid volume equal to one-half to two-thirds of the total liquid volume. This standard may be met by one tank with two compartments or by two single compartment tanks in series.

(2) Have the following minimum liquid volumes:

(a) For a single-family residential use, a volume as indicated in Table V, Required Minimum Liquid Volumes of Septic Tanks;

(b) For an OSS treating sewage from a residential source, other than one single-family residence, 250 gallons per bedroom with a minimum of 1,000 gallons;

Table V
Required Minimum Liquid Volumes
of Septic Tanks
Number of Bedrooms	Tank Volume Required (gallons)
0 – 3	900
4	1,000
Each additional bedroom	250

[Res. 2015-449].

13.200.130 Design requirements – Soil dispersal components.

(1) All soil dispersal components, except those using a subsurface drip line product, shall be designed to meet the following requirements:

(a) Maximum hydraulic loading rates shall be based on the rates indicated in Table VI, Maximum Hydraulic Loading Rate.

(b) Calculation of the absorption area is based on:

(i) The design flow in TTC 13.200.110; and

(ii) Loading rates equal to or less than those in Table VI applied to the infiltrative surface of the soil dispersal component or the finest textured soil within the vertical separation selected by the designer, whichever has the finest texture.

(d) Soil dispersal components having daily design flow between 1,000 and 3,500 gallons of sewage per day shall:

(i) Only be located in soil types 1 through 5;

(ii) Only be located on slopes of less than 30 percent, or 17 degrees; and

(iii) Have pressure distribution including time dosing.

Table VI
Maximum Hydraulic Loading Rate
Soil Type	Soil Textural Classification Description	Loading Rate for Residential Effluent Using Gravity or Pressure Distribution gal./sq. ft./day
1	Gravelly and very gravelly coarse sands, all extremely gravelly soils excluding soil types 5 and 6, all soil types with greater than or equal to 90% rock fragments.	Gravity Distribution Not Suitable 1.0
2	Coarse sands.	1.0
3	Medium sands, loamy coarse sands, loamy medium sands.	0.8
4	Fine sands, loamy fine sands, sandy loams, loams.	0.6
5	Very fine sands, loamy very fine sands; or silt loams, sandy clay loams, clay loams and silty clay loams, with a moderate structure or strong structure (excluding a platy structure).	0.4
6	Other silt loams, sandy clay loams, clay loams, silty clay loams.	0.2
7	Sandy clay, clay, silty clay and strongly cemented firm soils, soil with a moderate or strong platy structure, any soil with a massive structure, any soil with appreciable amounts of expanding clays.	Not Suitable

(2) All soil dispersal components using subsurface drip line product must be designed to meet the following requirements:

(a) Calculation of the absorption area is based on:

(i) The design flow in TTC 13.200.110;

(ii) Loading rates that are dependent on the soil type, other soil and site characteristics, and the spacing of drip line and emitters;

(d) Timed dosing; and soil dispersal components having daily design flows greater than 1,000 gallons of sewage per day may:

(i) Only be located in soil types 2 through 5;

(ii) Only be located on slopes of less than 30 percent, or 17 degrees.

(3) All SSAS shall meet the following requirements:

(a) The infiltrative surface may not be deeper than three feet below the finished grade, except under special conditions approved by the Tribes’ Well and Septic Sanitarian. The depth of such system shall not exceed 10 feet from the finished grade;

(b) A minimum of six inches of sidewall must be located in original undisturbed soil;

(d) Individual laterals greater than 100 feet in length must use pressure distribution;

(e) A layer of between six and 24 inches of cover material; and

(f) Other features shall conform to the “On-Site Wastewater Treatment Systems Manual,” United States Environmental Protection Agency, EPA-625/R-00/008, February 2002 (available upon request to Planning), except where modified by or in conflict with this section or local regulations.

(4) For SSAS with drain rock and distribution pipe:

(a) A minimum of two inches of drain rock is required above the distribution pipe;

(b) The sidewall below the invert of the distribution pipe is located in original undisturbed soil.

(5) A system consisting solely of a septic tank and gravity SSAS in soil type 1 is not allowed. A gravity system shall have a minimum of three feet of horizontal separation in soil types 3 through 6.

(6) A low pressure dosing system shall have a minimum horizontal separation of two feet.

(7) Primary and Reserve field sizing. The primary and reserve areas must be sized to at least 100 percent of the loading rates listed in Table VI. [Res. 2015-449].

13.200.140 Requirements to facilitate monitoring and maintenance.

(1) The on-site septic system must be designed to facilitate operation, monitoring and maintenance according to the following criteria:

(a) For gravity systems, septic tank access for maintenance and inspection at finished grade is required. If effluent filters are used, access to the filter at finished grade is required. The Tribes’ Well and Septic Sanitarian may allow access for maintenance and inspection of a system consisting of a septic tank and gravity flow SSAS to be a maximum of six inches below finished grade provided a marker showing the location of the tank access is installed at finished grade.

(b) For all other systems, service access and monitoring ports at finished grade are required for all system components. Specific component requirements include:

(i) Septic tanks must have service access manholes and monitoring ports for the inlet and outlet. If effluent filters are used, access to the filter at finished grade is required;

(ii) Surge, flow equalization or other sewage tanks must have service access manholes;

(iii) Other pretreatment units (such as aerobic treatment units and packed-bed filters) must have service access manholes and monitoring ports;

(iv) Pump chambers, tanks and vaults must have service access manholes;

(v) Disinfection units must have service access and be installed to facilitate complete maintenance and cleaning; and

(vi) Soil dispersal components shall have monitoring ports for both distribution devices and the infiltrative surface.

(i) Process controls such as float and pressure activated pump on/off switches, pump-run timers and process flow controls;

(ii) Diagnostic tools including dose cycle counters and hour meters on the sewage stream, or flow meters on either the water supply or sewage stream; and

(iii) Audible and visual alarms designed to alert a resident of a malfunction. The alarm must be placed on a circuit independent of the pump circuit.

(2) All accesses must be designed to allow for monitoring and maintenance and shall be secured to minimize injury or unauthorized access in a manner approved by Planning. [Res. 2015-449].

13.200.150 Inspections.

(1) For all activities requiring a permit, the Planning Sanitarian shall:

(a) Visit the OSS site during the site evaluation, construction, or final construction inspection;

(b) Inspect the OSS before cover; and

(2) The person responsible for the final construction inspection shall assure the OSS meets the approved design.

(a) All construction done and materials used in on-site sewage disposal systems shall be subject to inspection by Planning at reasonable times in order to determine compliance with this chapter. It shall be unlawful and it is declared to be a public nuisance endangering the health, safety, welfare and economy of the people of the Tulalip Reservation to use any system until use of that system has been approved by Planning. The date of permit approval shall appear on the approved permit.

(b) At the time of final inspection, septic tank construction shall be completed and its cover removable so that its inside sections may be inspected, and the absorption trenches or beds must be completed except for backfilling and if any part of the work is covered before it is inspected or approved, Planning may order the system uncovered.

(c) It shall be the duty of the installer or owner to notify the Sanitarian on completion of the construction, or a phase of construction, and to request an inspection. Planning shall, within five working days of receiving notice, make a final inspection.

(d) If Planning finds the work, material, design or location of the on-site sewage disposal system not to be in compliance with this chapter, Planning shall set forth the deficiencies in writing. If the deficiencies are not corrected within the time required by Planning, the permit shall be revoked and the system’s use prohibited as a public nuisance endangering the health, safety or welfare of the population of the Tulalip Reservation.

(e) Planning may delegate inspection responsibilities through a memorandum of understanding to qualified employees of the Public Health Department of Snohomish County or other appropriate public or private representatives.

(f) Planning shall use criteria set forth in this chapter, which will include but not be limited to: the Recommended Standards of Performance, Application, Design, Operation and Maintenance, the EPA Design Manual No. 625-R-00-008, and all or any other standard references which the BOD may adopt as rules to further the implementation of this chapter.

(g) Planning may issue a notice to comply, a stop work order, or revoke a permit when it finds that any provision of this chapter or any provision of a permit issued pursuant to this chapter is being violated. [Res. 2015-449].

13.200.160 Developments, subdivisions and minimum land area requirements.

(1) A person proposing a subdivision where the use of OSS is planned shall obtain a recommendation for approval from Planning. Tribal Trust gift deeds and partitions of allotments may be considered exempt on a site-by-site basis.

(2) Planning shall require the following prior to approving any development:

(a) Site evaluations as required by TTC 13.200.100(7), (8) and (9);

(b) Where a subdivision with individual wells is proposed:

(i) Configuration of each lot to allow a 100-foot radius water supply protection zone to fit within the lot lines; or

(ii) Establishment of a 100-foot protection zone around each existing and proposed well site;

(c) Where preliminary approval of a subdivision is requested, provision of at least one soil log per proposed lot, unless the Tribes’ Well and Septic Sanitarian determines existing soils information allows fewer soil logs;

(d) Determination of the minimum lot size or minimum land area required for the development using Method I and/or Method II:

METHOD I. Table VII, Minimum Land Area Requirement – Single-Family Residence or Unit Volume of Sewage, shows the minimum lot size required per single-family residence. For developments other than single-family residences, the minimum land areas shown are required for each unit volume of sewage. However, the Executive Director may require larger lot sizes where the Tribes’ Well and Septic Sanitarian has identified nitrogen as a concern either through planning activities or another process identified by the Natural Resource Department.

Table VII
Minimum Land Area Requirement – Single-Family Residence or Unit Volume of Sewage
Type of Water Supply	Soil Type
Type of Water Supply	1	2	3	4	5	6
Public	0.5 acre	12,500 sq. ft.	15,000 sq. ft.	18,000 sq. ft.	20,000 sq. ft.	22,000 sq. ft.
Public	2.5 acre	12,500 sq. ft.	15,000 sq. ft.	18,000 sq. ft.	20,000 sq. ft.	22,000 sq. ft.
Individual, on each lot	1.0 acre	1 acre	1 acre	1 acre	1 acre	1 acre
Individual, on each lot	2.5 acre	1 acre	1 acre	1 acre	1 acre	1 acre

METHOD II. A minimum land area proposal using Method II is acceptable only when the applicant:

(i) Justifies the proposal through a written analysis of the:

(A) Soil type and depth;

(B) Area drainage, and/or lot drainage;

(D) Setbacks from property lines, water supplies, etc.;

(E) Source of domestic water;

(F) Topography, geology, and ground cover;

(G) Climatic conditions;

(H) Availability of public sewers;

(I) Activity or land use, present, and anticipated;

(J) Growth patterns;

(K) Reserve areas for additional subsurface treatment and dispersal;

(L) Anticipated sewage volume;

(M) Compliance with current planning and zoning requirements;

(N) Types of proposed systems or designs, including the use of systems designed for removal of nitrogen;

(O) Existing encumbrances;

(P) Estimated nitrogen loading from OSS effluent to existing ground and surface water; and

(Q) Any other information required by Planning;

(ii) Shows development with public water supplies having:

(A) At least 12,500 square feet lot sizes per single-family residence;

(B) No more than 3.5 unit volumes of sewage per day per acre for developments other than single-family residences; and

1. Shows development with individual water supplies having at least one acre per unit volume of sewage; and

2. Shows land area under surface water is not included in the minimum land area calculation; and

(iii) Regardless of which method is used for determining required minimum lot sizes or minimum land area, submittal to Planning of information consisting of field data, plans, and reports supporting a conclusion that the land area provided is sufficient to:

(A) Install conforming OSS;

(B) Assure preservation of reserve areas for proposed and existing OSS;

(D) Minimize public health effects from the accumulation of contaminants in surface and ground water.

(3) Planning shall develop guidelines for the application of Method II within one year of enactment of this chapter.

(4) The Executive Director shall require lot areas of 12,500 square feet or larger except when a person proposes:

(a) OSS within the boundaries of a recognized sewer utility having a finalized assessment roll; or

(b) A planned unit development with:

(i) A signed, notarized, and recorded deed covenant restricting any development of lots or parcels above the approved density with the overall density meeting the minimum land area requirements of subsection (2)(d) of this section;

(ii) A public entity responsible for operation and maintenance of the OSS, or a single individual owning the OSS;

(iii) Management requirements and engineering design submittals when installing a LOSS; and

(iv) Extinguishment of the deed covenant and higher density development allowed only when the development connects to public sewers.

(5) Planning may:

(a) Require detailed plot plans and OSS designs prior to final approval of subdivision proposals;

(b) Require larger land areas or lot sizes to achieve public health protection;

(c) Prohibit development on individual lots within the boundaries of an approved subdivision if the proposed OSS design does not protect public health by meeting requirements of this chapter; and

(d) Permit the installation of an OSS, where the minimum land area requirements or lot sizes cannot be met, only when all of the following criteria are met:

(i) The lot is registered as a legal lot of record created prior to the effective date of this chapter;

(ii) The proposed system meets all requirements of this chapter other than minimum land area.

(6) The use of a reduced-size SSAS does not provide for a reduction in the minimum land area requirements established in this chapter. Site development incorporating reduced-size SSAS must meet the minimum land area requirements established in the Tulalip Tribal Code. [Res. 2015-449].

13.200.170 Maintenance.

On-site sewage disposal systems shall be maintained and operated in a manner to ensure compliance with this chapter. [Res. 2015-449].

13.200.180 Connection to public sewer system.

Connection of any existing dwelling unit or other premises experiencing failure of an on-site sewage system shall be made to a public sewer system where there is an adequate public sewer system within 200 feet of the dwelling or other facility to be served as measured along the usual or most feasible route of access, and such connection is permitted by the sewer utility. This requirement may be waived if such waiver is consistent with local sewer district regulations and the Executive Director determines that adequate site conditions exist which allow the installation of a replacement on-site sewage system. [Res. 2015-449].

13.200.190 Operation, monitoring, and maintenance – Owner responsibilities.

(1) The OSS owner is responsible for operating, monitoring, and maintaining the OSS to minimize the risk of failure, and to accomplish this purpose, shall:

(a) Keep all covers for sewage tank manholes and risers securely fastened at all times other than during maintenance, to minimize injury or unauthorized access, in a manner approved by the Executive Director;

(b) Obtain approval from Planning before repairing, altering or expanding an OSS;

(d) Obtain and renew operation permits if required by Planning or permit;

(e) Assure a complete evaluation of the system components and/or property to determine functionality, maintenance needs and compliance with regulations and any permits:

(i) At least once every three years for all systems consisting solely of a septic tank and gravity SSAS;

(ii) Annually for all other systems unless more frequent inspections are specified by the Executive Director;

(f) Employ an approved pumper to remove the septage from the tank when the level of solids and scum indicates that removal is necessary, as determined by Planning;

(g) Provide maintenance and needed repairs to promptly return the system to a proper operating condition, as necessary;

(h) Protect the OSS area and the reserve area from:

(i) Cover by structures or impervious material;

(ii) Surface drainage, and direct drains, such as footing or roof drains. The drainage must be directed away from the area where the OSS is located;

(iii) Soil compaction, for example by vehicular traffic or livestock; and

(iv) Damage by soil removal and grade alteration;

(i) Keep the flow of sewage to the OSS at or below the approved operating capacity and sewage quality;

(j) Operate and maintain systems as directed by Planning;

(k) Request assistance from Planning upon occurrence of a system failure or suspected system failure; and

(l) At the time of property transfer, provide to the buyer maintenance records, if available, in addition to the completed seller disclosure statement, and instruction and literature describing, at a minimum, the following:

(i) Required pumping schedule;

(ii) Instructions regarding alarms and pumps;

(iii) Dosing and troubleshooting information regarding fields and tanks; and

(iv) A documented list of care and maintenance of the OSS.

(2) OSS owners shall not:

(a) Use or introduce strong bases, acids or chlorinated organic solvents into an OSS for the purpose of system cleaning;

(b) Use a sewage system additive unless it is specifically approved by Planning; or

13.200.200 Inspection and right of entry.

(1) Whenever it is necessary to make an inspection to enforce or determine compliance with the provisions of this chapter or any other environmental health rule or regulation, or whenever the Planning Manager or his or her authorized representative has probable cause to believe that a specific violation of this code has been or is being committed, the Sanitarian Code Enforcement Specialist may enter any building, structure, property or portion thereof at reasonable times to inspect the same. The Tulalip Tribal Court shall have jurisdiction to issue an inspection warrant to the Tribes’ Sanitarian to ensure compliance with this code and to protect the public health and welfare, upon a showing of probable cause to believe that there is a violation of this chapter or other Tribal law. Access shall be obtained as follows:

(a) Nonresidential.

(i) If such building, structure, property or portion thereof is occupied, the inspector shall present identification credentials, state the reason for the inspection, and request entry. If entry is denied, Planning may obtain an inspection warrant from the Tulalip Tribal Court.

(ii) If such building, structure, property or portion thereof is unoccupied, the inspector shall first make a reasonable effort to locate the owner or other persons having charge or control of the building, structure, property or portion thereof, and request entry. If the inspector is unable to locate the owner or such other persons, and has reason to believe that conditions therein create a probable health hazard, the inspector shall make entry with an inspection warrant.

(b) Residential.

(i) If the home or dwelling is occupied, the inspector shall present identification credentials, state the specific reason(s) for the inspection, and request entry. If entry is denied, the Sanitarian may obtain an inspection warrant from the Tulalip Tribal Court.

(ii) If the home or dwelling is unoccupied, the inspector shall post a notice in a conspicuous place informing the occupants that an inspection is requested and the reasons thereof. A copy of the posted notice shall be mailed to the owner of record. The notice shall state that contact by the occupant is requested by the inspector and that if the occupant fails to contact the inspector within 72 hours to arrange a time for such inspection, an inspection warrant may be requested.

(2) It is unlawful for any owner or occupant or any other person having charge, care or control of any building, structure, property or portion thereof to fail or neglect to comply after proper request and service of an inspection warrant. [Res. 2015-449].

13.200.210 Record drawings.

Upon completion of new construction, alteration or repair of an OSS, a complete and detailed record drawing shall be submitted to both Planning and the OSS owner that includes, at a minimum, the following:

(1) Measurements and directions accurate to plus-or-minus one-half foot, unless otherwise determined by the Executive Director, to assure the following parts of the OSS can be easily located:

(a) All sewage tank openings requiring access;

(b) The ends, and all changes in direction, of installed and found buried pipes and electrical cables that are part of the OSS; and

(c) Any other OSS component which, in the judgment of Planning or the designer, must be accessed for observation, maintenance, or operation;

(2) Location and dimensions of reserve area;

(3) Record that materials and equipment meet the specifications contained in the design;

(4) Initial settings of electrical or mechanical devices that must be known to operate the system in the manner intended by the designer or installer; and

(5) For proprietary products, manufacturer’s standard product literature, including performance specifications and maintenance recommendations needed for operation, monitoring, maintenance or repair of the OSS. [Res. 2015-449].

13.200.220 OSS failures.

(1) When an OSS failure occurs, the OSS owner shall:

(a) Repair or replace the OSS with a system or component conforming to current requirements of this chapter, or a system meeting the requirements of Table VIII either on the:

(i) Property served; or

(ii) Nearby or adjacent property if easements are obtained; or

(b) Connect the residence or facility to a:

(i) Publicly owned LOSS;

(ii) Privately owned LOSS where it is deemed economically feasible; or

(iii) Public sewer; or

(i) Use a holding tank; or

(ii) Obtain a National Pollution Discharge Elimination System permit from the U.S. EPA issued to Tulalip Tribes Utility or jointly to the Utility and the system owner only when Planning, with the approval of the BOD, determines:

(A) An OSS is not feasible; and

(B) The only realistic method of final dispersal of treated effluent is discharge to the surface of the land or into surface water; or

(iii) Abandon the property. Last resort only, if all other possible options to make this site feasible for on-site sewage system disposal and treatment are considered and found either not economical, available or practical and to allow the situation to continue would therefore constitute a threat to the public health and the environment of the Tulalip Reservation.

(2) Prior to repairing a soil dispersal component, the OSS owner shall develop and submit information required under TTC 13.200.050.

(3) Planning shall permit a system that meets the requirements of Table VIII, Treatment Component Performance Levels for Repair of OSS Not Meeting Vertical and Horizontal Separations, only if the following are not feasible:

(a) Installation of a conforming system or component; and

(b) Connection to either an approved LOSS or a public sewer.

(4) The person responsible for the design shall locate and design repairs to:

(a) Meet the requirements of Table VIII if the effluent treatment and soil dispersal component to be repaired or replaced is closer to any surface water, well, or spring than prescribed by the minimum separation required in Table I. Pressure distribution with timed dosing in the soil dispersal component is required in all cases where a conforming system is not feasible;

(b) Protect drinking water sources and shellfish harvesting areas;

(c) Minimize nitrogen discharge in areas where nitrogen has been identified as a contaminant of concern in the local plan under TTC 13.200.040;

(d) Prevent the direct discharge of sewage to ground water, surface water, or upon the surface of the ground;

(e) Meet the horizontal separations in Table I of this chapter to public drinking water sources;

(f) Meet other requirements of this chapter to the maximum extent permitted by the site; and

(g) Maximize the:

(i) Vertical separation;

(ii) Distance from a well, spring, or suction line; and

(iii) Distance to surface water.

(5) Prior to designing the repair system, the designer shall consider the contributing factors of the failure to enable the repair to address identified causes.

(6) If the vertical separation is less than 12 inches, Planning may permit ASTM C-33 sand or coarser to be used as fill to prevent direct discharge of treated effluent to ground water, surface water, or upon the surface of the ground.

(7) For a repair using the requirements of Table VIII, disinfection may not be used to achieve the fecal coliform requirements to meet:

(a) Treatment levels A or B where there is less than 18 inches of vertical separation;

(b) Treatment levels A or B in type 1 soils; or

(8) Planning shall identify repair permits meeting the requirements of Table VIII for the purpose of tracking future performance.

(9) An OSS owner receiving a repair permit for a system meeting the requirements of Table VIII from Planning shall:

(a) Immediately report any failure to the Sanitarian; and

(b) Comply with any local and State requirements imposed in the permit.

Table VIII
Treatment Component Performance Levels for Repair of OSS
Not Meeting Vertical and Horizontal Separations
Vertical Separation (in inches)	Horizontal Separation
	< 25 ft.			25 – 50 ft.			50 – 100 ft.			≥ 100 ft.
	Soil Type			Soil Type			Soil Type			Soil Type
	1	2	3 – 6	1	2	3 – 6	1	2	3 – 6	1	2	3 – 6
< 12	A	A	A	A	A	A	A	A	B	B	B	B
≥ 12 < 18	A	A	A	A	B	B	A	B	B	Conforming Systems
≥ 18 < 24	A	A	A	A	B	B	A	B	C
≥ 24 < 36	A	B	B	B	C	C	B	C	C
≥ 36	A	B	B	B	C	C	B	C	E

Treatment System Performance Testing Levels
Parameters
CBOD5	TSS	O&G	FC	TN
10 mg/L	10 mg/L	–	200/100 ml	–
15 mg/L	15 mg/L	–	1,000/100 ml	–
25 mg/L	30 mg/L	–	50,000/100 ml	–
25 mg/L	30 mg/L	–	–	–
125 mg/L	80 mg/L	20 mg/L	–	–
–	–	–	–	20 mg/L
Values for levels A through D are 30-day values (averages for CBOD5, TSS, and geometric mean for FC). All 30-day averages throughout the test period must meet these values in order to be registered at these levels. Values for levels E and N are derived from full test averages.

[Res. 2015-449].

13.200.230 Septic tank pumping and maintenance.

(1) Depending on the size, use, and design, all septic tanks being used within the Tulalip Reservation on and after the effective date of this chapter must be pumped and inspected at least once every three years by a septic tank pumper certified to do such work. It shall be the owner’s responsibility to have such system pumped and inspected at least once every three years in accordance with this chapter, the design of the system, and the size and age of the tank. It shall be the owner’s responsibility to notify Planning when pumping and inspection have been completed in accordance with this chapter. Such notification shall be in writing on a form approved by Planning. It shall be unlawful and it is declared to be a public nuisance endangering the health, safety, welfare and economy of the population of the Tulalip Reservation to use or operate an on-site septic tank sewage disposal system that has not been pumped and inspected for more than three years contrary to this chapter. Any person who owns or is responsible for the maintenance of a septic system who fails to pump the septic system once every three years may be cited for environmental infractions under Chapter 8.20 TTC.

(2) Planning may, upon prior application, grant waivers to subsection (1) of this section. Such waivers may extend the pumping and inspection period to five years when Planning finds that factors such as minimal use or other just cause do not require pumping every three years. If the factors upon which the waiver is based change, the waiver will be reevaluated and may be revoked by Planning based on the findings of the reevaluation.

(3) If the inspection called for in this section determines that the system is in need of repairs or is otherwise defective, Planning shall establish in writing the repairs or the changes that must be made together with a reasonable timetable for repair. It shall be unlawful and is declared to be a public nuisance to separate a system other than in compliance with Planning’s directives. [Res. 2015-449].

13.200.240 Remodeling and building addition approval required.

(1) All existing buildings or structures to which additions or improvements are made after the effective date of this chapter shall be served by an on-site sewage disposal system that complies with this chapter, unless connection to a public sewer system is made.

(2) The Executive Director may waive compliance with these requirements for existing buildings and structures when:

(a) Additions, alterations, repairs, or improvements to the buildings or structures are compatible with and do not adversely impact the existing on-site sewage disposal system and potential reserve drainfield area;

(b) The system is adequate to treat the on-site sewage expected to be generated over the remaining useful life of the structure;

(c) The continued operation of the system will not adversely affect the public health, surface water quality, or ground water quality; and

(d) No building or structure is located in floodways defined by the Federal Emergency Management Agency, channel migration zones, hazard zones, beaches where shellfish are harvested, or other environmentally sensitive or culturally important areas without prior consultation and evaluation by the Natural and Cultural Resource Department.

(3) Planning shall review all applications to determine compatibility of the proposed addition, alteration, repair or improvement with the existing on-site sewage disposal system.

(4) Factors that must be considered in granting a waiver shall include, at a minimum, the following:

(a) Location of the septic tank, and drainfield in relation to existing foundation and proposed improvements;

(b) Size of the drainfield in relation to existing foundation and the proposed improvements;

(d) Useful anticipated life of the existing on-site sewage disposal system;

(e) Potential for reconstruction, replacement, and/or repair of the existing on-site sewage disposal system;

(f) Ultimate purpose of the remodeling;

(g) Approved source of water; and

(h) Potential use of the structure after the remodeling. [Res. 2015-449].

13.200.250 Construction, installation or repair.

(1) All OSS systems except as specifically noted in this chapter shall be installed by a Snohomish Health District or a Tribally certified installer.

(2) Planning may permit resident owners to install a gravity or low-pressure dosing drainfield on-site sewage system or make repairs or alterations on their own premises, on a case-by-case basis, not adjacent to a marine shoreline or other sensitive areas and as long as all other requirements of these regulations are satisfied. An owner may not contract or hire a person or concern to perform that work unless that person is a State or Tribally certified installer as set forth in this section.

(3) It shall be unlawful for any person to engage in the business of installing and/or repairing sewage waste disposal systems within the Tulalip Reservation who does not possess a valid commercial on-site sewage system installer’s license from Washington State or the Tulalip Tribes. Planning is authorized to promulgate regulations, subject to approval by the BOD, for the licensing of certified installers. In the absence of such regulations, all installers must be licensed and bonded by the State of Washington. The installer described by either subsection (1) or (2) of this section shall:

(a) Follow the approved design;

(b) Have the approved design in possession during installation;

(d) Only install septic tanks, pump chambers, and holding tanks approved by Planning;

(e) Be on the site at all times during the excavation and construction of the OSS;

(f) Install the OSS to be watertight, except for the soil dispersal component;

(g) Cover the installation only after the Tribes’ Sanitarian has given approval to cover; and

(h) Back fill with six to 24 inches of cover material, as appropriate, and grade the site to prevent surface water from accumulating over any component of the OSS. [Res. 2015-449].

13.200.260 Septic tank pumpers and disposal of septic tank wastes.

(1) Permit Required. It shall be unlawful for any person, firm or corporation to clean any septic tank, cesspool, or seepage pit, or other means of disposal without first obtaining a registration permit from the Tulalip Tribes or Snohomish Health District.

(2) A Tribal disposal permit may be requested by submitting an application to Planning on an approved form.

(3) Disposal Site Approval Required. All disposal sites shall be noted on the application form. Only those sites receiving approval by Planning shall be used for dumping of the contents of the pumping tanks. Planning shall note on the permit which sites have been approved.

(4) Any septic tank pumper’s license issued pursuant to this chapter may be revoked by Planning for incompetence, negligence, misrepresentation, giving fraudulent information in making application or filing of reports or failure to comply with the requirements of this chapter or applicable Federal laws and regulations or revocation of the bond as required herein or upon cancellation of such bond.

(5) Equipment Approval Required. The applicant must furnish his or her equipment for inspection by Planning at reasonable times. The equipment must meet the following minimum requirements:

(a) All hoses and pumping equipment must be stored in a cleanable watertight enclosed area on the truck (hoses may be exempt if watertight fitting caps are used); and

(b) Truck equipment must be designed to adequately control effluent disposal from the truck to manholes or other receiving stations.

(6) All equipment must be in good repair and of easily cleanable construction.

(7) The effluent capacity of the truck holding tank(s) must be a minimum of 1,000 gallons.

(8) The name and address of the operating firm shall be conspicuously displayed on both sides of the truck in bold letters not less than three inches high for firm name and not less than two inches high for other information.

(9) All equipment and premises must be maintained and left in a clean and sanitary manner.

(10) Bond Required. Prior to the issuance of a septic tank pumper’s permit, the applicant must show proof of a bond in the amount of $100,000 for said purpose. Performance shall be per bond requirements of commercial installer’s license.

(11) Septic tank pumpers shall submit quarterly in writing on a form approved by Planning the following minimum information:

(a) Gallons pumped according to area;

(b) Gallons disposed of at each authorized site; and

(d) Any additional information required by Planning.

(12) Said report shall be submitted a minimum of 15 days after each calendar quarter. [Res. 2015-449].

13.200.270 Cooperation with public agencies – Grants and gifts.

Subject to approval of the BOD, Planning is authorized to accept, receive, disburse and administer grants or other funds or gifts from any source, for the purposes of carrying out the provisions of this chapter, and to consult and cooperate with Federal and State agencies in matters pertaining to this chapter. Subject to approval by the BOD, Planning is further authorized to negotiate inter-governmental agreements which may create, modify, or change duties established by this chapter. [Res. 2015-449].

13.200.280 Statutes and trust responsibility not modified.

Nothing in this chapter shall modify or waive any requirement to comply with applicable Federal laws and regulations. Nothing in this chapter shall be construed to modify, waive or impair the trust responsibility of the United States. [Res. 2015-449].

13.200.290 Enforcement.

This chapter and associated regulations shall be enforced pursuant to the procedures set forth in the On-Site Treatment and Disposal Regulations adopted herewith. [Res. 2015-449].

13.200.300 Waiver of regulations.

The Executive Director may grant a waiver of the standards of this chapter only as provided in the On-Site Treatment and Disposal Regulations. [Res. 2015-449].

13.200.310 Appeals.

The Tulalip Tribal Court shall have jurisdiction to hear appeals by applicants of decisions of the Executive Director denying, conditioning, or revoking an on-site sewage disposal permit under this chapter, denying a waiver of regulations under the On-Site Treatment and Disposal Regulations, or issuing a notice of violation or stop work order pursuant to this chapter. The applicant must file a notice of appeal within 14 calendar days of the Executive Director’s decision. The appeal shall be on the certified record provided by the Executive Director. The Tribal Court shall not take further evidence or entertain any motion to modify or supplement the record of the Executive Director. The Tribal Court shall give substantial weight and deference to decisions of the Executive Director, and may only reverse or modify the decision of the Executive Director if an applicant proves that the decision was arbitrary and capricious. Decisions of the Tulalip Tribal Court shall be final, and the Tulalip Tribal Court of Appeals shall not have jurisdiction to hear appeals from the Tulalip Tribal Court pursuant to this chapter. [Res. 2015-449].

13.200.320 Sovereign immunity.

The sovereign immunity of the Tribes is not in any way waived or limited by this chapter, or by any appeal commenced pursuant to this chapter or its regulations, and nothing in this chapter or its regulations shall constitute or be construed as a waiver of the sovereign immunity of the Tribes. Such sovereign immunity shall extend to the Tribes’ Planning Department, all Tribal officials, employees, staff, and agents, including any surveyors with whom the Tribes has contracted under these regulations, as to all actions taken in, or concerning, the administration or enforcement of this chapter or its regulations, and as to all actions taken pursuant to any authority of any action, decision or order authorized by this chapter. [Res. 2015-449].

13.200.330 Severability.

If any provision of this chapter, regulations or the application thereof, to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this chapter or regulations which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter or regulations are declared to be severable. [Res. 2015-449].

On-Site Treatment and Disposal Regulations

Regulation 1 Title.

These regulations shall be referred to as the “On-Site Treatment and Disposal Regulations.” [Res. 2015-449].

Regulation 2 Authority.

These regulations are enacted pursuant to Chapter 13.200 TTC, On-Site Treatment and Disposal. [Res. 2015-449].

Regulation 3 Enforcement policy.

It is the policy of Chapter 13.200 TTC to encourage informal, practical, result-oriented resolution of alleged violations and actions needed to prevent damage to Reservation resources or harm to the health, safety or welfare of the Reservation population. It is also the policy of Chapter 13.200 TTC, consistent with the principles of due process, to provide effective procedures for enforcement. [Res. 2015-449].

Regulation 4 Jurisdiction.

(1) These regulations shall apply to the full extent of the sovereign jurisdiction of the Tulalip Tribes.

(2) Condition of Use. Compliance with these regulations is hereby made a condition of the purchase, ownership, sale, lease, use or occupancy of any land, building or other permanent improvement within the exterior boundaries of the Tulalip Indian Reservation to the maximum extent permitted by law and to all lands held in trust or restricted fee for the Tribes and located outside those boundaries.

(3) Deemed to Consent. Any person who resides, purchases, owns, sells, leases, uses or occupies a building or permanent improvement on Tulalip Tribes Indian lands, as defined by these regulations, shall be deemed thereby to have consented to the following:

(a) To be bound by the terms of these regulations;

(b) To the exercise of jurisdiction by the Tulalip Tribes and the Tribal Court over said person, buildings and permanent improvements, in legal actions arising pursuant to these regulations; and

(c) Enforcement procedures under all Tulalip Tribal codes, including but not limited to Chapter 8.20 TTC, Environmental Infractions. [Res. 2015-449].

Regulation 5 Informal conferences.

Planning shall afford the landowner or his or her representative reasonable opportunities to discuss proposed enforcement actions at an informal conference prior to taking formal enforcement action, unless Planning determines that there may be either imminent environmental damage to a Reservation resource or adverse impact upon the health, safety and welfare of the Reservation population. Informal conferences may be used at any stage in enforcement proceedings, except that Planning may refuse to conduct informal conferences with respect to any matter then pending before the Tulalip Tribal Court. [Res. 2015-449].

Regulation 6 Notice of Violation.

Where a violation of Chapter 13.200 TTC or an on-site sewage disposal permit has occurred, Planning may issue and serve upon the landowner, lessee or permit holder a Notice of Violation which shall clearly set forth:

(1) The nature of the violation;

(2) The relevant provisions of Chapter 13.200 TTC and/or the permit;

(3) The right of the violator to have a hearing on the violation; and

(4) The specific course of action ordered by Planning to correct the violation, and/or to prevent, mitigate or compensate for damage to Reservation resources or harm to the Reservation population which resulted from any violation, and/or to prevent continuing damage to Reservation resources or harm to the Reservation population.

Planning shall serve the Notice of Violation upon the violator by certified mail. The violator must undertake the course of action so ordered by Planning unless, within 15 days after the date of mailing of the Notice of Violation, the violator requests Planning in writing to schedule a hearing. If so requested, Planning shall schedule a hearing on a date not more than 20 days after receiving such request. Within 10 days after such hearing, Planning shall issue an interim order either withdrawing its Notice to Comply or clearly setting forth the specific course of action to be followed by the violator. Such violator shall undertake the course of action so ordered by Planning unless within this 10-day period the violator appeals such interim order to the Tulalip Tribal Courts. The decision of the Tribal Courts shall be final. [Res. 2015-449].

Regulation 7 Stop work order.

Planning shall have the authority to serve a stop work order or a cease or desist order upon a landowner, lessee, or permit holder if Planning determines that such person has violated either the provisions of these regulations or Chapter 13.200 TTC or the approved permit, and that immediate action on the part of Planning is necessary to prevent or abate material damage to Reservation resources or harm to the health and welfare of the Reservation population. The stop work order or cease and desist order shall set forth:

(1) The specific nature, extent, and time of the violation, deviation, damage, or potential damage, if known;

(2) An order to stop all work in connection with the violation, deviation, damage, or potential damage;

(3) Or in the case of a septic failure where a lack of maintenance or actions that causes a septic to fail has the potential to damage or threaten the health and welfare as well as Reservation resources, to issue a cease and desist order that documents the harm or damage. The specific course of action needed to correct such violation or deviation or to prevent damage and to correct and/or compensate for damage to Reservation resources which has resulted from any violation, unauthorized deviation, or willful or negligent disregard for potential damage to a Reservation resource or potential harm to the Reservation population; and/or those courses of action necessary to prevent continuing damage to Reservation resources or harm to the Reservation population where the damage is resulting from any violation, unauthorized deviation, or negligence. The landowner, lessee, or permit holder has a right to an appeal of a stop work or cease and desist order under this section to the Utility Manager. Planning shall immediately file a copy of such order with the Tulalip Utility Department and mail a certified copy thereof to the landowner at the addresses shown on the permit or residence. The landowner must commence any appeal to the Utility Manager within 15 days after service of any order upon the landowner. If such appeal is commenced, a hearing shall be held not more than 20 days after copies of the Notice of Appeal were filed with the Utility Manager. The landowner shall comply with the order of Planning immediately upon being served, but the Utility Manager, if requested, shall have authority to continue or discontinue in whole or in part the order of Planning under such conditions as it may impose pending the outcome of the proceeding. The decision of the Utility Manager shall be final. [Res. 2015-449].

Regulation 8 Waiver of regulations.

(1) Whenever a strict interpretation of Chapter 13.200 TTC or this regulation, or other program established pursuant to Chapter 13.200 TTC, would result in hardship, the Executive Director may waive or modify such regulatory requirements or portion thereof on a site-by-site basis, provided:

(a) That such waiver or modification shall be consistent with protection of the public health provided in Chapter 13.200 TTC; and

(b) That no such waiver shall be granted that will damage Reservation resources, or cause adverse impact upon the health and welfare of the Reservation population.

(2) Waivers must be considered on a site-by-site basis and proposed design development, and will not cover multiple sites.

(3) As the rules in Chapter 13.200 TTC provide minimum standards of protection standards for public health protection and water quality protection, any waiver of any portion of these rules must provide corresponding mitigation measures to assure that public health protection and water quality protection is at least equal to that established by Chapter 13.200 TTC.

(4) Waivers will be of two types: Class A and Class B. Class A waivers are those waivers which have pre-approved mitigation available in Tables IX, X, and XI. Class B waivers are those waivers for which case-specific mitigation regarding Chapter 13.200 TTC may be applied.

(5) All waiver proposals, whether Class A or Class B, will be provided to the Executive Director for approval and must be accompanied by documentation, review and recommendations from those persons who have knowledge of the principles and practices of mitigation, and have direct expertise in mitigation principles to which the particular waiver applies.

(a) Competent departmental staff shall apply pre-approved waiver mitigation that applies specifically to Chapter 13.200 TTC listed as Class A waivers and only after consultation and concurrence in the form of a memorandum with Natural Resources staff.

(b) Competent departmental staff shall consider Class B waiver applications only at the discretion of the Executive Director and shall apply mitigation in consultation and concurrence with Natural Resources staff.

(c) Class B waiver application with complex situations or that require technical or engineering support beyond the scope and competency of departmental staff to provide, shall be submitted to an independent design and engineering review at the applicant’s expense.

(d) A single page waiver form shall be completed by the applicant with the request for waiver providing the following:

(i) Basic permit data (applicant name, site address, designer name, etc.);

(ii) Specific requirement to be waived;

(iii) Site design/administrate mitigation measures proposed and any additional evaluation criteria and or mitigation measures employed;

(iv) Class of waiver; and

(v) Confirmation of adjacent or affected property owner notification, if required by Planning.

(6) Waivers to stream, wetland, and shoreline buffers require a review by Department of Natural Resources staff, and Planning may require further mitigation in addition to pre-approved mitigation found in Chapter 13.200 TTC.

(7) At the discretion of the Executive Director, an on-site septic buffer waiver may be incorporated with a building permit, though separation of mitigation review shall be consistent with Chapter 13.200 TTC.

(8) Planning will submit to the Executive Director a yearly report on waivers applied for and approved. Planning shall provide a report coversheet that evaluates the consistency and application of the decision making process for waiver requests throughout the year.

Table IX
Class A – Nonperforated Distribution Line Horizontal Separations
Specific Item Waived	Extent or Degree Waived	Minimum Issues/Criteria to Consider	Approved Mitigation Measures
Pressure sewer line transport line 10 feet from surface water.	Subaqueous crossing of pressure sewer transport line or down to 0 feet horizontally.	1) Extra protection of integrity of line at crossing.	1) Transport line installed in a casing of at least Schedule 40 steel or ductile iron pipe within 10 feet on each side of the crossing. Transport line uniformly supported by pressure-grouting annular space with sand-cement grout or bentonite or casing spacers or skids installed consistent with AWWA PVC Pipe Design and Installation Manual M23. Underground installation of line consistent with ASTM D 2774.
			1b) Transport line buried at least 2 feet below the bottom of the water body bed.
			1c) Transport line within 10 degrees of the perpendicular direction of the stream.
		2) Performance testing of line.	2a) Transport line leakage test consistent with ASTM 02774 except line should be pressurized to 150% of the system’s design operating pressure but not less than 70 psi and hold for 1 hour.
		3) Determination of applicable aquatic resource permitting requirements.	3a) Submit an aquatic review application and consult with Natural Resources Department.
Pressure sewer transport line 10 feet from surface water.	Aerial crossing of pressure sewer transport line or down to 0 feet horizontally.	1) Extra protection of integrity of line at crossing.	1a) Transport line installed in a casing of at least Schedule 40 steel or ductile iron pipe within 10 feet on each side of the crossing. Transport line uniformly supported by casing spacers or skids installed consistent with AWWA PVC Pipe Design and Installation Manual M23.
			1b) Transport line crossing designed by an engineer to prevent freezing, leaking, settlement lateral movement and damage from expansion/contraction.
			1c) Transport line located with proper clearance above floodwater conditions.
		2) Performance testing of line.	2a) Transport line leakage test consistent with ASTM D2774, except line should be pressurized to 150% of the system’s design operating pressure, but not less than 70 psi, and pressure must hold for 1 hour.
		3) Determination of applicable aquatic resource permitting requirements.	3a) Submit to aquatic resource review and permitting.
Pressure sewer line transport line 50 feet from nonpublic well.	Down to 25 feet.	1) Extra protection of integrity of line within 50 feet of well.	1a) Transport line installed in a casing of at least Schedule 40 within 50 feet of well. Transport line uniformly supported by pressure grouting annular space with sand-cement grout or bentonite or casing spacers or skids consistent with AWWA PVC Pipe Design and Installation Manual M23 and the underground installation of the line is consistent with ASTM D2774.
Building sewer, nonpressure nonperforated distribution line 50 feet from nonpublic well or suction line. Transport line 10 feet from surface water.	Down to 25 feet.	2) Performance testing of line.	2a) Transport line leakage test consistent with ASTM D2774, except line should be pressurized to 150% of the system’s design operating pressure but not less than 70 psi and pressure must hold for 1 hour.
		Determination of any existing covenants or easements for maintaining a sanitary control area.	3a) Notify well owner of proposed encroachment if there are no existing covenants or easements establishing a control area.
		1) Extra protection of integrity of line within 50 feet of well.	1a) Transport line installed in a casing of at least Schedule 40 steel or ductile iron pipe within 10 feet on each side of the crossing. Transport line uniformly supported by casing spacers or skids installed consistent with AWWA PVC Pipe Design and Installation Manual M23.
			1b) Transport line crossing designed by an engineer to prevent freezing, leaking, settlement lateral movement and damage from expansion/contraction.
		2) Performance testing of line.	2a) Transport line leakage test consistent with ASTM D2774, except line should be pressurized to 150% of the system’s design operating pressure, but not less than 70 psi, and pressure must hold for 1 hour.
		3) Determination of any existing covenants or easements for maintaining a sanitary control area.	3a) Notify well owner of proposed encroachment if there are no existing covenants or easements establishing a control area.

Table X
Class A – Sewage Tank Horizontal Separations
Specific Item Waived	Extent or Maximum Degree Waived	Minimum Issues/Criteria to Consider	Approved Mitigation Measures
Sewage tank within Class I stream buffers.	Class I down to 150 feet (ordinary high water).	1. Based on Natural Resources evaluation and memorandum.	1) A waterproof barrier applied to concrete tank consistent with the Manual of Concrete Practice AI 515, 1R. Flexible rubber boots or compression seals meeting ASTM C 1644 or flexible couplings meeting ASTM C 113 used for inlet and outlet connections to provide flexibility in case of tank settlement while still maintaining a watertight seal. An approved double wall fiberglass tank may be used in lieu of a concrete tank.
Class II stream buffers.	Class II stream down to 50 feet (ordinary high water).	2. Evaluation of hydrology and soil and soil saturation.
Critical area wetland buffer.	Critical area wetland buffer down to 100 feet from wetland.	3. Extra protection of integrity of tank and joints.
High value wetland buffer.	High value buffer down to 50 feet from wetland.
Moderate value wetland buffer.	Down to wetland edge.
		2) Performance testing of line.	2a) Concrete tank tested for watertightness consistent with ASTM C 1277. Fiberglass tank tested for watertightness consistent with IAPMO/ANSI Z1000-2007.
		3) Determination of any existing covenants or easements for maintaining a sanitary control area.	3a) Access openings at or above finished grade with lockable lids or secured to prevent unauthorized entry.
Sewage tank 10 feet from a nonpublic pressurized water supply line.	Down to 2 feet.	1) Extra protection of integrity tank.	1a) A waterproof barrier applied to concrete tank consistent with the Manual of Concrete Practice AI 515, 1R. Flexible rubber boots or compression seals meeting ASTM C 1644 or flexible couplings meeting ASTM C 113 used for inlet and outlet connections to provide flexibility in case of tank settlement while still maintaining a watertight seal. An approved double-wall fiberglass tank may be used in lieu of a concrete tank.
			1) Concrete tank tested for watertightness consistent with ASTM C 1277. Fiberglass tank tested for watertightness consistent with IAPMO/ANS I Z1000-2007.
		2) Performance testing of line.	2a) Concrete tank tested for watertightness consistent with ASTM C 1277. Fiberglass tank tested for watertightness consistent with IAPMO/ANSI Z1000-2007.
		3) Determination of any existing covenants or easements for maintaining a sanitary control area.	3a) Access openings at or above finished grade with lockable lids or secured to prevent unauthorized entry.

Table XI
Drainfield Soil Disperal Components Horizontal Separations
Specific Item Waived	Extent or Maximum Degree Waived	Minimum Issues/Criteria to Consider	Approved Mitigation Measures
Soil dispersal components within Class I stream buffers 200 feet.	Class I down to 150 feet (ordinary high water).	1) Shall be based on Natural Resources memorandum and evaluation specifying mitigation and suggested reductions. Requires enhanced treatment performance.	1) Treatment component or sequence listed as meeting treatment level B. For this purpose disinfection alone cannot be used to achieve the fecal coliform limit of treatment level. The soil dispersal component shall maintain at least 3 feet of vertical separation in nonsaturated soil.
Class II stream buffers 100 feet.	Class II stream down to 50 feet (ordinary high water).
Critical area wetland buffer 200 feet.	Critical area wetland buffer down to 100 feet from wetland.
High value wetland buffer 100 feet.	High value buffer down to 50 feet from wetland.
Moderate value wetland buffer.	Down to wetland edge.
		2) Performance assurance of treatment system.	2a) Management program established, which assures the ongoing proper operation, repair and maintenance of the system. Restrictive covenants shall be required.
		3) Evaluation of hydrology and soil and soil saturation. Determination of any existing covenants or easements for maintaining a sanitary control area.
Soil dispersal component 75 feet from nonpublic well or suction line.	Down to 50 feet.	1) Enhanced treatment performance.	1) Treatment component or sequence listed as meeting treatment level B. For this purpose disinfection alone cannot be used to achieve the fecal coliform limit of treatment level. The soil dispersal component shall maintain at least 3 feet of vertical separation in nonsaturated soil.
		2) Performance assurance of treatment system.	2a) Management program established, which assures the ongoing proper operation, repair and maintenance of the system. Restrictive covenants shall be required.
		3) Hydrogeologic susceptibility.	3a) Adequate protective site conditions existing such as physical setting with low hydrogeologic susceptibility from contaminant infiltration; i.e., evidence of excessive depth to ground water, down-gradient contaminant source or outside a sensitive area.

[Res. 2015-449].

Regulation 9 Rates for on-site sewage treatment and disposal.

The rates imposed by Chapter 13.200 TTC shall be as follows:

APPLICATION TYPES	EXPIRATION	FEE(S)	DESCRIPTION
Septic tank/s to a gravity distribution system (application)	Approval valid for 2 years	$441	Application review fee
Septic tanks to pressure distribution system (application)	Approval valid for 2 years	$516	Application review fee
All other on-site systems (application)	Registered or approved systems – approval valid for 2 years	$700	Application review fee
Product development system	Approval valid for 2 years	$1,008 $168	Base plus (0 – 5 hours) per hour, additional rate after 6 hours
Systems with a design flow above 1,000 gallons/day	Approval valid for 2 years	1) $882 2) $1,032 3) $1,400	1) Gravity 2) Low pressures dosing 3) ATU and all other systems
PERMITS		FEE(s)	DESCRIPTION
Septic tank to gravity permit		$100	Permit fee
Septic tank to pressure distribution system		$120	Permit fee
All other systems permit		$175	Permit fee
REPAIRS		FEE(s)	DESCRIPTION
Single-family residence owner occupied		$75	Fees include application review and permit
Remodel repairs, renovations and additions		1) $441 2) $516 3) $700	Change in components and dispersal fields 1) Gravity 2) LPD 3) ATU and other types of alternative systems
Indian Health installations		$125	Application, review, and registration fee

[Res. 2015-449].