(PIC) Protocol Manual - Kitsap Public Health District

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Kitsap Public Health District Pollution Source Identification and Correction: Protocol Manual CHAPTER 6 ENFORCEMENT Notice and Order to Correct Violation (NOCV) PIC staff will write and issue a Notice and Order to Correct Violation (NOCV) letter when: there is a confirmed OSS failure, illicit connection to stormwater, sewage from a recreational vehicle, OR any other water quality issue that warrants this letter. The content of a written NOCV must conform to items described in Section 19 of the Kitsap County Board of Health Ordinance 2008A-01 (Jun 2011) Onsite Sewage System and General Sewage Sanitation Regulations, and/or Section 950(5) of the solid waste regulations. Examples of standard enforcement letters (NOCV), that cite the most commonly used regulations located in the PIC common directory, PIC enforcement folder. An example of some of the common compliance measures and associated regulations include: Surfacing sewage: • Section 6.B.2 “sewage shall not be discharged to the surface of the ground” • Section 6.D “correction of insanitary or nuisance conditions” Non-permitted OSS: • Section 6.B.3 “sewage shall not be discharged into an onsite sewage system installed, repaired, or maintained in violation of these regulations.” Trailer added to OSS • Section 6.B.3 “sewage shall not be discharged into an onsite sewage system installed, repaired, or maintained in violation of these regulations.” Greywater discharge: • Section 6.B.2 “sewage shall not be discharged to the surface of the ground” Failure to Follow NOCV: • Section 6.D “correction of insanitary or nuisance conditions, or violations of these regulations.” Bootleg OSS: (use one or more of these): • Section 14.B.11 “permit required” • Section 14.A.4 “building site application required” • Section 6.J “installer credentials For a failing OSS, the NOCV requires the owner/operator to contact a licensed designer or professional engineer within an appropriate time period - typically 30 days, although a 7 or 14 day time period may be used for imminent health threats. PIC staff may issue a pump-out order for properties with failing OSS, as part of the NOCV. A pump-out order means that the tank is pumped as often as is necessary to keep sewage off the surface of the ground and/or from backing up in the residence. The Revised 04/23/2013 50
Kitsap Public Health District Pollution Source Identification and Correction: Protocol Manual owner/occupants are required to conserve water to prevent untreated sewage from surfacing and flowing into surface, ground, or storm water. The NOCV must be served on the person to whom it is directed by mailing the order via certified and regular mail to such person at his/her last known address. We can also deliver it in person. An example of an NOCV letter is provided in Appendix G. After the deadline specified in the written notice has been reached, the status of the violation must be determined. If a violation still exists, other enforcement options may be appropriate. Under normal circumstances, failure to comply with an NOCV is followed by a Notice of Civil Infraction (ticket). Notice of Civil Infraction (Ticket) The notice of civil infraction procedures, also known as the “ticket writing” procedures, are referenced in Section 19(4)(2) of the onsite sewage regulations and Section 950(6)(b) of the solid waste regulations and described in Chapter 7.80 Revised Code of Washington (RCW), Civil Infractions. An example of a completed ticket is provided in Appendix H. In most cases, tickets are issued following failure to comply with the NOCV. However, an NOCV is not required prior to issuing a ticket. A ticket can be issued to a defendant during the initial site inspection or any other time the inspector has reasonable cause to believe that the person has violated the regulations. Revised 04/23/2013 51
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(PIC) Protocol Manual - Kitsap Public Health District

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