Public Domain Composting Toilets Are Legal in Washington State

Hi folks, I'm new here. I hope I am not posting about a topic that has already been beat to death elsewhere! Here is an essay that I have been writing that partly summarizes the legality of making your own composting toilet in Washington State. Enjoy, comment, ask questions...

I made my own composting toilet, and I encourage others to do the same. Here is my most recent, but still outdated, YouTube video https://www.youtube.com/watch?v=PEP-PRrV3rw Okanogan County Public Health has not permitted my composting toilet, yet. I can blame myself for telling them to basically leave me alone instead of having a conversation with them about getting it done legally. Hopefully, this essay will help folks to get the conversation off to a more successful start. The most important document about making your own composting toilet legally in Washington State is the Department of Health’s publication #337-016 Recommended Standards and Guidance (RS&G) for Performance, Application, Design, and Operation & Maintenance Water Conserving On-Site Wastewater Treatment Systems. Public Domain (not subject to patent) composting toilet systems are legal (RS&G 2.2.2.). I recommend looking at Joseph Jenkins’ and David Omick’s public domain composting toilet systems for ideas on what might work best for your location. The next rule you will need to consider is the Department of Ecology’s WAC 173-308 Biosolids Management on what to do with your poo when it is ready for distribution (the federal rule that the state law is modeled after is 40 CFR 503). If greywater is produced at your location for showers, laundry, sinks etc. “an approved on-site greywater treatment and dispersal system, or public sewage system” is still required (RS&G 3.2).

There are various types of user built composting toilets, but one distinction to consider is whether the composting will take place where it touches the ground, or if it will take place inside of a container that does not leak water. Section 3.6.1 of the RS&G says that “For composting toilets installed entirely within a structure or a service vault, there are no specific set-back requirements” (i.e. distance to wells, creeks etc.). Here are those distances: (WAC 246-272A-0210 table IV) 200 feet from a public drinking water spring; 100 feet from a public drinking water well; 50 feet from a well, suction line, or surface water measured from the ordinary high-water mark; 10 feet from a pressurized water supply line; 5 feet from a property or easement line. If one or more of these water sources are too close to where you want to compost, I recommend checking out David Omick’s website Omick.net “Barrel Composting Toilet System” or YouTube https://www.youtube.com/watch?v=xOOUxa4_K1g Note that Omick lives in Tucson Arizona. In cold climates you will need to keep the barrels above 65°F or nearly double the number of barrels as they will be considered excrement storage units during cold weather (RS&G 4.4.5.). If wells, creeks etc. are not too close to the planned compost area, consider Joseph Jenkins’ composting method. It is possibly less expensive, and easier to achieve high temperatures which kill pathogens. Jenkins’ full website is Humanurehandbook.com, or more briefly see his Sanitation Paper, or YouTube .
Before you distribute your compost, you will need to decide if you will manage it as domestic septage (WAC 173-308-270), which it is automatically considered, or biosolids (WAC 173-308 -210 or -250), which requires more testing and can be used on lawns or home gardens if it is Class A with respect to pathogens. Septage from composting toilets are exempt from the reporting requirements in WAC 173-308-295 and the permitting requirements in WAC 173-308-310 (WAC 173-308-193). Domestic septage must be incorporated into the soil (WAC 173-308-270 (3)(ii)). I will be placing my compost on native perennials which will die and turn to weeds if I disturb the soil, so I plan to manage my compost as biosolids, not septage. Which includes: not exceeding pollutant limits by not putting heavy metals into my compost (WAC 173-308-160); removing or not putting in plastic, glass or metal (WAC 173-308-205); significantly reducing pathogens by maintaining a thermophilic (> 113°F) compost pile—hold above 131°F for at least 15 days after the last poo of the batch is added (at least two bins or barrels are used to enable batch composting) (WAC 173-308-170 (3)(i)(B)); vector attraction reduction will be accomplished at the same time—113°F for 14 days (WAC 173-308-180 (3). Biosolids, and Septage, must be tested for at least nitrogen and applied to not over fertilize. Biosolids, not Septage, must be tested for pathogens (< 2 million fecal coliforms per gram is class B, < 1000 fecal coliforms per gram is class A) (WAC 173-308-170). Class A biosolids can be placed on lawns or home gardens (WAC 173-308-250). I plan to test my compost for nutrients and E. coli at Soiltest Farm Consultants, Inc. in Moses Lake for about $170. To find other approved labs, search for Washington State ecology lab search (search by matrix, solid and chemical materials).

Ensure that the compost maintains a moisture content of about 60 percent. Moisture content below 40 percent will slow decomposition and will increase the likelihood of fire ignition—you can be held liable for fire suppression costs (RCW 52-12-108 ). Moisture content above 75 percent will lead to anaerobic conditions (or not having adequate oxygen) which will slow decomposition and cause objectionable odor (hydrogen sulfide and ammonia) which must not migrate beyond property boundaries (WAC 173-350-220 (1)(c)(iii) and potent greenhouse gasses (methane and nitrous oxide).

Septic rule review is required every four years, and 2017 is the next review year, so now is the time for people interested in changing septic law to look at what specifically they want to change and speak up (WAC 246-272A-0425).

Hope this was useful info. It is complicated and still only a partial summary of the law:(. Cheers!

Cannot thank you enough! This was exactly the information I have been looking for to help in our composting toilet plans.

Great news! I received my biosolids test today, and it passed! It had 21 most probable number per gram of fecal coliforms out of a limit of 1000 MPN/g. I'm a bit skeptical of authority (EPA CFR503) so I tested freshly cut grass clippins from Bud Clark Field, a baseball park in Oroville washington for comparison, and I can't guaranty that a dog did not use that patch of lawn as a bathroom BUT > 53200 MPN/g!!! This result is consistent with Washington State Department of Ecology's note that salmonella and fecal coliform bacteria are commonly found in lawn clippings and yard debris (Siting and operating composting facilities in Washington State p10). A salmonella test for an extra $75 or an E.coli test for an extra $25 would give a more meaningful result as some "fecal" coliforms are not harmful. During summer 2015 Okanogan County had extreme fire weather, and I did not have an adiquit water supply to safely maintain a thermophilic (> 113F) compost so I avoided adding green vegetation to avoid starting a fire. I put in urine, chicken manure and dead animals. It aged from November to July. Cheers!

Very good news, I am glad I caught this thread as I just got 40 acres outside of Oroville and am planning to do a composting toilet system. Good to see you have laid the ground work in the area. I went the route of buying a commercial composting toilet from C-Head as I was told by the county that getting it permitted was much easier than a DIY one. But I would like to add some DIY built ones too in the future as I build my home.

County extension offices often have recommended fertilizer application rates for various types of land use. I chose to apply less than 30 pounds of nitrogen per acre, and my compost contains 0.61% (wet) nitrogen, so I can apply about 2 tons per acre to get 24.4 pounds of nitrogen, or my 250 pounds of compost will fertilize about 1/16th of an acre. Many land uses will require more fertilizer than my dry grassland/ponderosa pine woodland.

Wow, super helpful, Thank you! Does anyone know about outhouse code in eastern WA? Are they legal?

Cindy Ruprecht wrote:Wow, super helpful, Thank you! Does anyone know about outhouse code in eastern WA? Are they legal?

Thanks Cindy! Good luck with the outhouse permit. I believe Okanogan county public health still permits outhouses for occupancy not exceeding sixty days per year.

Thanks so much for the thorough post! It was a great place to start my composting toilet legal rabbit hole. I went ahead and read through all of the RS&G. It looks like to me (for the record, someone with no legal background) that the classic Jenkins composting method (in regular three-bin composter) would not be permitted since it's open-air and isn't sealed against disease vectors, but the Omick barrel-in-the-ground system would. I didn't find any leads for what rules, if any, regulate an 'excrement storage unit'... If your system gets permitted, please let me know!

Miguel Solis wrote:Thanks!

Thanks Miguel! Good luck! I haven't tried to get mine permitted lately. The full rules for making proprietary compost toilets, for example to sell a bunch to people, is ANSI/NSF 41. I think the requirement to consider excrement storage capacity is common sense, I can only conveniently maintain a thermophilic compost during spring, so I store my compostable stuff in plastic stock tanks until spring then mix it with weeds in one pile that I turn when I get to it.

Hi Tony! Thanks for the info!
Did they mention anything or do you remember filing out a Product Development Permit (PDP) when you applied for your initial permit?
I'm just outside of Bellingham, WA, working with the county to permit a few composting toilets on our property and they have asked us to fill out one of these.
Thanks!
Matthew

Hi Matthew! I'm too lazy to look it up now, but I think a PDP is for proprietary technologies and I have a public domain system in my opinion. To develop a proprietary system, you need an approved onsite sewer system, which defeats the purpose for me. But your public health department has authority to grant a waver if they feel you have adequate hardware and are responsible enough to manage the compost, not abandon it to someone to haul off to the dump or whatever horror stories they have. If they want to issue you a PDP that would be great! Good luck!

Matthew McCorkle wrote:Hi Tony! Thanks for the info!
Did they mention anything or do you remember filing out a Product Development Permit (PDP) when you applied for your initial permit?
I'm just outside of Bellingham, WA, working with the county to permit a few composting toilets on our property and they have asked us to fill out one of these.
Thanks!
Matthew

Hi Matthew, I'm on the house and/or land hunt in Bellingham and would love to hear more about your composting toilet journey with the county if you have the energy.

Just wondering why Lovable Loo's are not suggestions as you can have them inside with no problem or smell.  Goes into buckets you seal & then you compost it.  Look at website, you need two bins & hay/straw, one bin you fill & leave for a year & then safe to put on gardens.  I am going to build one soon out by back shed, I know of a person who believes in sustainability & has had one for over 8 years & works great.  Easy to make.

Just google Lovable Loo for website as I do not have handy...

Update...Like I see it in forums here, my question just relates to overall (not here per se) why not a recommended easy system for those who can have compost set up...for those who don't, maybe a system of bucket pick up with someone who does.
Thinking about doing that as we have power outages in this area during wind storms, one area was for 7 days without power last year.

John Dorst wrote:maybe a system of bucket pick up with someone who does
.

Thanks John, I was too wordy so lovable loo, a more catchy phrase got a more boring sanitation paper hyperlink: http://humanurehandbook.com/downloads/humanure_sanitation_paper.pdf
And yes I think about dragging other people's poo home too! I put two roadkill deer and ten gallons of ammonia (refrigerant contaminated with a trace of compressor oil) in so far with low-ish odor. I hope some day to compost sewage, emergency toilet material, humans, unknown stuff that has been in barrels for decades...
I like your idea of doing it the simple way for sure!
My YouTube hyper links are broken above. Here are a few that work now
Mine
https://youtu.be/uhBcXSU8YlE
Joe Jenkins aka loveable loo
https://youtu.be/1BWc-RjuWbs
David Omik barrel system
https://youtu.be/xOOUxa4_K1g

Cheers!

Hello all, I'm new here but this thread came up in my search about using composting toilets in WA. I did confirm with my local county health dept (Pierce county) that  public domain toilets are allowed but I'm having trouble determining who actually make such a beast. They of course gave me a list of their approved mfgrs like Sunmar and Clivus Multrum but I'm wondering what other manufacturers would fall into this Public Domain category?
Thanks for any help/advice in advance!

Josh

I grew up in the 70s with an indoor composting toilet in Washington State (it was called an eco-let). It was permitted and had no issues when the house was sold with it. So I’m a little confused... Is this now an issue?

Yes they're now rather strict about composting toilets(along with everything else) in washington. I don't know the history back to the 70s but they were only fairly recently allowed from a permitting standpoint (in the last 10 years??), I think a lot of counties are reluctant to allow them at all and make you jump through a lot of hoops (and expense) to put one in legally. It seems puget sound bordering counties are the most difficult.

LOL!!! That Eco-Let was installed in our house on Orcas Island. So yeah... I guess times they are a changin...

Josh JohnsonKp wrote:They of course gave me a list of their approved mfgrs like Sunmar and Clivus Multrum but I'm wondering what other manufacturers would fall into this Public Domain category?
Thanks for any help/advice in advance!

Josh

Thanks Josh! Those approved brands are proprietary not public domain. They hold patents and comply with ANSI 41. What I hope will happen is you make your own compost toilet system from plans on YouTube etc. and your health department will approve. Draw up a plan first and see what they say. And let me know please!

Tony

Don't say anything just use it and keep your mouth shut do this in secret. The less they know the better look at cows and horses and the other wild animals they poop and pee on the ground whats the big deal with our urine and poop. It composts down into soil like everything else.

Josh JohnsonKp wrote:Yes they're now rather strict about composting toilets(along with everything else) in washington. I don't know the history back to the 70s but they were only fairly recently allowed from a permitting standpoint (in the last 10 years??), I think a lot of counties are reluctant to allow them at all and make you jump through a lot of hoops (and expense) to put one in legally. It seems puget sound bordering counties are the most difficult.

Thats why people have to keep there mouths shut the less they report to the State the better off they will be. People have to keep everything they do a secret.

Thanks for this information and write-up! Do you think that the public domain composting toilet rule would apply to something like Wendy Howard's vermicomposting flush toilet http://www.vermicompostingtoilets.net/? It's public domain and composting, so it seems to me that it would apply under this rule, but it's slightly different than the average composting toilet.

I would love to fly under the radar, but we are working on a new build, so it will have an inspection. I'd rather put in something that we would actually use, rather than wasting money on a septic system that's just for show.

Amber Bruce wrote:...Do you think that the public domain composting toilet rule would apply to something like Wendy Howard's vermicomposting flush toilet?

Thanks Amber Bruce I don't know, but that's cool! I thought about getting a vault toilet which my county permits and having the poop truck bring me other people's poop to put into something like the vermicompost system described there. But I'm afraid something like this might fail during cold snaps in my climate. Sounds like it was working in Martha's Vinyard so it might work with a little more insulation around here. I hope you can get something permitted that is inexpensive, works, you like to use and doesn't waste poop.

Don't say anything just do just do it. You clue them in by letting them know your business then they can spy on you.

Late to the game for this post, but has anybody worked out the grey water requirements? We were told that Snohomish county Wa State considers it black water, and you have to have the same requirements as a septic system. I was hoping they would allow a modified low use drain field of some kind. If so, then it negates any benefit other than composting itself. On our our property a septic system has to be a very expensive double mound system.

Not Washington but Composting toilets are being used in many places now. https://www.clivusmultrum.com/green-building-bronx.php#:~:text=Instead%2C%20the%20Zoo%20decided%20to%20install%20Clivus%20Multrum,accommodates%20more%20than%20%C2%BD%20million%20visitors%20per%20year.

Were you told that by the Snohomish Health Dept? The Wa DOH allows for grey water use and has the relevant laws as well as guidelines on their website here: https://www.doh.wa.gov/CommunityandEnvironment/WastewaterManagement/GreywaterReuse/GreywaterLinks

Septic designer. That's why I am reaching out. Great info. Than you very much!
Now I need to find a designer that will work with us. It will take some effort and time, but I believe it is worth it. Anybody have recommendations for a designer to work with?

Yes, a designer who is a licensed plumber will make it easy for you. I don't know of one in Washington yet. I like the worm composting toilet system. I used one in Argentina and the vault didn't need to be emptied for years because the worms did such a good job of reducing the bulk of the fecal material. That system also diverted urine into five gallon containers, where it could be diluted with water and used directly on trees or other plants. A vault system can work year-round as the ground heat keeps it from freezing.  

John Dorst wrote:Just wondering why Lovable Loo's are not suggestions as you can have them inside with no problem or smell.  Goes into buckets you seal & then you compost it.  Look at website, you need two bins & hay/straw, one bin you fill & leave for a year & then safe to put on gardens.  I am going to build one soon out by back shed, I know of a person who believes in sustainability & has had one for over 8 years & works great.  Easy to make.

Just google Lovable Loo for website as I do not have handy...

I'm doing his too in Buckley, WA  our Poop looks like dirt at the end know body would even suspect it was human manure if you don't tell them. All they would see is rich soil. I grown to love the smell of manure I'm use to it Look at people with cattle and horses they poop too and their manure goes into the ground whats the difference. Poop is Poop it's all manure and will all decompose in the soil. I don't understand these health conscious people who think everything is dangerous flush and forget.

Kam Botteron wrote:Late to the game for this post, but has anybody worked out the grey water requirements? We were told that Snohomish county Wa State considers it black water, and you have to have the same requirements as a septic system. I was hoping they would allow a modified low use drain field of some kind. If so, then it negates any benefit other than composting itself. On our our property a septic system has to be a very expensive double mound system.

This is what I've found. Was hoping to get around the requirement for septic system installation for a property I'm looking at in Jefferson county WA, and this thread initially gave me a lot of hope. Only relevant greywater info I've found is that the 337-016 document gives specifications for greywater-only septic systems that are half the size of a combined system. Half doesn't equal zero, so now despite all this awesome composting toilet potential, it's still looking like a tank / drainfield (albeit, potentially irrigation greywater drainfield) is required. I guess greywater has to go somewhere, but was still hoping not to have to deal with what is shaping up to be ten thousand permits and inspections.

Also haven't totally parsed through what they want us to do with the "leachate" they mention in 337-016, but they say the answer lies somewhere in 246-272A (which I haven't had the guts to read yet).

I am also in Okanogan County (Methow Valley) and am researching this post because I'm facing the prospect of needing to put in an expensive septic to be able to permit and  build my home (owner-builder). Has anyone in Okanogan County been able to successfully permit a composting toilet and greywater system? The greywater seems like it could be more of the hangup for the septic requirement. Unfortunately, the soil drains too well here and I may be required to pay a licensed installer to put in a pressured septic with a 20K price tag! All my closest neighbors have had to do this.  Any potential workarounds? Would much prefer to put in a composting system and greywater system. Thanks.

Thanks so much!! I'm getting ready to build in Pierce County and would really like to use a composting toilet but didn't think they'd consider it so I wasn't even going to ask. Now I have at least a starting point. Thanks again - apples to you!

Miguel Solis wrote:Thanks so much for the thorough post! It was a great place to start my composting toilet legal rabbit hole. I went ahead and read through all of the RS&G. It looks like to me (for the record, someone with no legal background) that the classic Jenkins composting method (in regular three-bin composter) would not be permitted since it's open-air and isn't sealed against disease vectors, but the Omick barrel-in-the-ground system would. I didn't find any leads for what rules, if any, regulate an 'excrement storage unit'... If your system gets permitted, please let me know!

So, how's it going? Did you get permitted? If so, how is it working and which kind did they accept? What county are you in?

Josh JohnsonKp wrote:Hello all, I'm new here but this thread came up in my search about using composting toilets in WA. I did confirm with my local county health dept (Pierce county) that  public domain toilets are allowed but I'm having trouble determining who actually make such a beast. They of course gave me a list of their approved mfgrs like Sunmar and Clivus Multrum but I'm wondering what other manufacturers would fall into this Public Domain category?
Thanks for any help/advice in advance!

Josh

Wondering how your journey is progressing? Any success in getting a composting toilet approved in Pierce county? That's my county too.