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Home My WebLink Aboutres2014-044 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-305 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: E.Douglas ED 09/15/14 D) E C j� 11 /] E 09/30/14 Natural Originator: J�1 ll�� V f�ll Resources G.Stoyka Division Head: t?/61.- 4 /6 /4' SEP 23 2014 F.Abart �� t Dept.Head: rfI �° VIE D. WHATCOM COUNTY Pr osecuto r: /tfI Ll COUNCIL Bennett P DI Purchasin• Bud l et: Executive:Executive: / TITLE OF DOCUME l Whatcom County Pollution Identification and Correction(PIC)Program ATTACHMENTS: 1. Resolution adopting the Whatcom County PIC Program. SEPA review required? ( )Yes ( X ) NO Should Clerk schedule a hearing? ( )Yes ( X ) NO SEPA review completed? ( )Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing,you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Whatcom County Public Works Natural Resources staff will present a resolution to approve the Whatcom County Pollution Identification and Correction(PIC)Program. The Portage Bay Shellfish Protection District Advisory Committee presented an updated Portage Bay shellfish recovery plan to the Whatcom County Council Natural Resources Committee on May 20 that was adopted by Council by resolution on June 3,2014. The priority recommendation of this plan was to develop a locally-driven and sustainable PIC program. Through discussion of the water action plan,this strategic approach to address water quality issues in Whatcom County has received support from a number of advisory committees and other organizations. COMMITTEE ACTION: COUNCIL ACTION: 9/30/2014: Approved 3-0 in Natural Resources Committee, 9/30/2014: Council approved 7-0, Res. 2014-044 forwarded to Council for approval Related County Contract#: Related File Numbers: Ordinance or Resolution Number: Res. 2014-044 Please Note: Once adopted and signed,ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. WHATCOM COUNTY c.01.4 co NATURAL RESOURCES PUBLIC WORKS DEPARTMENT rP G1 322 N.Commercial St., Suite 110 Bellingham,WA 98225 FRANK M.ABART Phone#(360)676-6876 Director Fax#(360)738-2468 4 a www.co.whatcom.wa.us -)11(40.1 MEMORANDUM TO: The Honorable Jack Louws, Whatcom County Executive, and Honorable Members of the Whatcom County Council THROUGH: Frank M. Abaft, Public Works Director6j ��/ fjL� FROM: Gary Stoyka, Natural Resources Manage Erika Douglas, Senior Planner- Marine Resources RE: Resolution Approving the Pollution Identification and Correction (PIC) Program DATE: September 15, 2014 • Requested Action Public Works Natural Resources staff requests that the Whatcom County Council approve the Whatcom County Pollution Identification and Correction (PIC) Program. • Background and Purpose The Portage Bay Shellfish Protection District Advisory Committee presented the updated Portage Bay Shellfish Recovery Plan to the Whatcom County Council Natural Resources Committee on May 20, 2014. The plan was adopted by the Council by resolution on June 3, 2014. The highest priority recommendation of the plan is a locally-driven and sustainable PIC Program. Several other committees and local organizations have also identified this strategic approach as a solid option for addressing water quality issues and shellfish growing area recovery in the county. This resolution outlines the justification, components, and priority areas and approach of the Whatcom County PIC program. Please contact Erika Douglas at extension 50692 or Gary Stoyka at 50618 if you have any questions. Encl. SPONSORED BY: Consent PROPOSED BY: Public Works INTRODUCED: 9/30/2014 RESOLUTION NO. 2014-044 SUPPORTING THE WHATCOM COUNTY POLLUTION IDENTIFICATION AND CORRECTION (PIC) PROGRAM WHEREAS, Water Resource Inventory Area (WRIA) 1 has 66 stream segments on the Washington State Department of Ecology 2008 303(d) list for fecal coliform bacteria; and WHEREAS, three Shellfish Protection Districts (SPDs) have been established in Whatcom County in Drayton Harbor, Portage Bay, and Birch Bay due to elevated bacteria levels; and WHEREAS, within coastal drainages only 21% of the routine monitoring stations currently meet water quality standards for fecal coliform bacteria; and WHEREAS, fecal coliform levels in the Nooksack River and Portage Bay have increased in the past five years and the Portage Bay shellfish growing area is threatened with another closure; and WHEREAS, the Washington State Shellfish Initiative identifies Portage Bay and Drayton Harbor as priority areas for water quality improvement and state agencies have established, funded, and coordinated the Whatcom Clean Water Program; and WHEREAS, the County Council adopted Resolution #2014-015 on March, 11 2014 to create a Water Action Plan and seek community input; and WHEREAS, several advisory committees and community organizations identified bacterial pollution as a high priority water issue in Whatcom County; and WHEREAS, the Portage Bay Shellfish Protection District Advisory Committee presented the updated Shellfish Recovery Plan to the Whatcom County Council Natural Resources Committee in May 2014 and the plan was adopted by Resolution #2014-027 on June 3, 2014; and WHEREAS, the highest priority recommendation of the Portage Bay Shellfish Recovery Plan was a locally-driven and sustainable Pollution Identification and Correction (PIC) Program; and I:\5-NATURAL RESOURCES\05-WQ Monitoring\PIC Program\Council\PIC resoiutlon.vl.dooc 1 NOW THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby adopts the PIC Program as the framework for identifying and addressing bacteria sources impacting Whatcom County freshwater and marine water resources, as indicated in Exhibit A to this Resolution. APPROVED this 30th day of September , 2014. WHATCOM COUNTY COUNCIL A P • T WHATCOM COUNTY, WASHINGTON r ■ . • C erib Clerk of the Council ;= Carl Weimer, Council Chair APPROVED AS TO FORM: ( ) Approved ( ) Denied 211,a9„.„ Civil Deputy Prosecutor I:\5-NATURAL RESOURCES\05-WQ Monitodng\PIC Program\Council\PIC resolutlon.vl.docx 2 Exhibit A Whatcom County Pollution Identification and Correction(PIC)Program Bacteria Levels Since 1998, a variety of water resource stakeholders and local and state agencies in WRIA1 have worked together under the Watershed Management Act to characterize issues related to water quantity,water quality,fish habitat, and instream flows as well as to identify potential management solutions. The characterization found fecal coliform to be the predominant water quality issue in WRIA 1. Of the 274 individual 303(d) listings for WRIA 1 in 1998,82 were for fecal coliform,while the next most frequent, dissolved oxygen, had 48 listings. In 2008,there were 253 individual Category 5 303(d) listings in WRIA 1. Sixty-six of these Category 5 listings were for fecal coliform. This widespread problem of elevated fecal coliform is further illustrated through Whatcom County Public Works' (WCPW) routine monitoring program data, as well as the numerous public health advisories and shellfish harvest closures throughout WRIA 1. Elevated bacteria levels have required three shellfish protection districts to be created in Whatcom County: Drayton Harbor, established in 1995, Portage Bay, established in 1998, and Birch Bay, established in 2009. In the three districts,the majority(79%) of creeks and tributaries monitored on a routine basis are not meeting water quality standards for fecal coliform bacteria. This is similarly reflected in the marine waters where there are year-round shellfish harvesting closure areas in Drayton Harbor and Birch Bay,seasonal closure areas in Drayton Harbor, and the threat of closure areas in Portage Bay. Bacteria Sources Fecal coliform bacteria are found in the intestinal tract of human and other warm-blooded animals and are used an as indicator of water pollution. While most fecal coliform strains do not cause human illness, detection of fecal coliform in a creek or bay indicates that human and/or animal wastes and the associated harmful pathogens are polluting the water. Examples of pathogen-related illnesses are giardia, salmonella,viral gastroenteritis, hepatitis, and cholera. People are exposed to these pathogens through direct water contact, such as swimming, wading, or eating shellfish from waters with high bacteria levels. The key potential sources of bacteria that have been identified in Whatcom County coastal drainages are (1)animal waste from agricultural operations, domestic pets,waterfowl,and urban wildlife, and (2) human sewage from failing on-site sewage systems(OSS), leaking sewers,or cross-connections. Addressing Bacteria Sources Much work has been accomplished to identify and address larger point sources of bacteria in Whatcom County coastal drainages. The current focus for water quality improvement projects is on non-point sources such as agricultural operations, septic systems, domestic pets, and urban wildlife. The Pollution Identification and Correction (PIC) Program uses water quality data to identify focus areas, works with landowners through a voluntary program to provide technical and financial assistance to fix problems, and uses a regulatory backstop for discharges or violations that are not addressed through the voluntary program. The PIC approach is supported by a number of local efforts that are underway. In the past year,the Portage Bay Shellfish Protection District Advisory Committee updated the shellfish recovery plan and the I:\5-NATURAL RESOURCES\05-WQ Monitoring\PIC Program\Councll\PIC resolution.vl.docx 3 highest priority recommendation was to establish a locally-driven, sustainable PIC program. This updated plan was presented to the Whatcom County Council in May 2014 and adopted in June 2014. Additionally,the Whatcom County Council passed the Water Action Plan resolution in March 2014 seeking input form advisory committees and citizens on a variety of water resource programs. Shellfish Protection District Advisory Committees were encouraged to provide input on programs to reduce bacteria pollution. Recommendations from the advisory committees suggest using water quality data and direct landowner contact to identify and address sources of bacteria. The Washington State Shellfish Initiative-Whatcom Clean Water Program (WCWP) relies on water quality monitoring and direct landowner contact in Bertrand and Kamm watersheds to identify and correct bacteria sources. Finally, the WRIA1 Joint Boards identified a PIC program as a near-term action for the Puget Sound Action Plan. All of these efforts illustrate the local support that is emerging for enhancing and sustaining the County's PIC program. This support is essential to transitioning to a locally-driven and sustainable PIC program. PIC Program Elements A PIC Program is a data-driven process to identify and correct sources of bacteria that are impacting community water resources. Through community engagement,technical assistance, and incentive programs a community sense of ownership and stewardship will be developed for neighborhood creeks. This program is reliant on partnerships and coordination between departments and agencies. When pollutant sources are identified, landowners will be offered technical and financial assistance and deadlines to address the source. The major elements of the Whatcom County PIC Program and department and partner agency roles are described below. • Water Quality Monitoring and Annual Review: Public Works will coordinate, conduct, and complete data analysis for routine water quality monitoring throughout Whatcom County coastal drainages. An annual review will be completed to track patterns in water quality and identify focus areas for water quality improvement. Within the focus areas, Public Works will conduct monitoring along creek segments and ditches to identify hot spots with the highest bacteria levels. The County will coordinate with the Whatcom Clean Water Program to ensure efforts are coordinated and complementary. • Comprehensive Community Outreach: Public Works will coordinate with other departments, agencies, and advisory committees to develop and implement community outreach programs describing water quality issues, bacteria sources, and steps that can be taken to improve and protect water quality. Within focus areas, neighborhood meetings and workshops, newsletters, incentives, and other outreach tools will be used to connect with landowners and inform them of the PIC Program and its progress. • Direct Landowner Contact: Public Works will use water quality data,GIS data, and windshield surveys to identify potential bacteria sources upstream of water quality hot spots. Parcels within the focus areas will be evaluated to guide the sequence of landowner contacts to begin with highest priority sites where human-related activities and sources may be affecting bacteria levels. Each of these contacts will occur through a tiered approach, providing voluntary options to assist landowners with identifying and addressing bacteria sources. Public Works will track the progress of landowner contacts and types of projects that are implemented. o Dairies- In hot spots with dairy facilities,the water quality data will be forwarded to the Washington State Department of Agriculture for follow up with landowners. If no problems are found,the parcel will be removed from the list of potential sources. o Septic Systems- In hot spots with septic systems and no evidence of livestock,the water quality and drainage area data will be forwarded to the County Health Department for review of septic system evaluation status. The Health Department will follow their I:\5-NATURAL RESOURCES\05-WQ Monitoring\PIC Program\Council\PIC resolution.vl.doa 4 standard process outlined in the Local Management Plan to follow up with landowners. If no problems are found,the parcel will be removed from the list of potential sources. o Other Livestock-Parcels will be prioritized for landowner contact based upon the potential for bacteria sources to be impacting water quality. An outreach letter will be sent to priority parcels with livestock to inform landowners of water quality status, potential bacteria sources,and technical and financial assistance available through the Whatcom Conservation District (WCD). The WCD will follow up with landowners in the focus area to offer technical and financial assistance to address water quality problems through a voluntary program. The WCD will attempt a minimum of two direct contacts with the landowner through phone calls and door knocking to offer the technical and financial assistance through the voluntary program. If no problems are found,the parcel will be removed from the list of potential sources. The WCD will provide a list of landowners that are participating in the voluntary program to Public Works. Those landowners who have not participated in the voluntary program will receive a final letter from Public Works asking for their participation in the voluntary program and reminding them of the landowner's responsibility to meet regulations. • Regulatory Backstop: Regulatory pressure will be applied in an appropriate, measured manner to those landowners who decline to participate in the voluntary program when elevated fecal coliform levels persist in their watershed. Landowners with violations/discharges that do not participate in voluntary program following three contact attempts will be referred to the appropriate agency for compliance/enforcement actions. When the parcel is in violation of the Critical Areas Ordinance(e.g. agricultural activities are occurring within a critical area or its buffers without an approved farm plan),a referral will be made to Whatcom County Planning and Development code compliance staff.The infraction will be reviewed by compliance staff and the appropriate compliance action will be taken (e.g. notice of correction, notice of violation,or civil penalty). Issues regarding OSS will be referred to the Whatcom County Health Department. The Health Department will follow their standard process and timeline to evaluate the OSS as described in the Whatcom County On-site Sewage System Local Management Plan. Issues regarding dairy operations will be referred to Washington State Department of Agriculture (WSDA). Other water quality issues will be referred to the Washington State Department of Ecology(DOE). • Reporting to the Community: The PIC Coordination Team in coordination with the Whatcom Clean Water Program will set milestones for contacts with the community, water quality improvements, and when the program can move into another priority area. Quarterly reports on water quality will be shared with the community through newsletters,the Public works website, and through neighborhood meetings as needed. I:\5-NATURAL RESOURCES\05-WQ Monitoring\PIC Program\Council\PIC resolution.vl.doa 5 Whatcom County Pollution Identification and Correction (PIC) Program Community Solutions for Clean Water o ... . . A. c-, •, o . 3 e , , 0 N" .. c'.' _ , Z E. R No g ProbIrms LMIZSTOO: 3 o. 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