HomeMy WebLinkAboutord2003-011WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2002 -084Q
CLEARANCES
initial
Date
Date Received in Council Office
Agenda Ogre
Assigned to:
Originator: area l£Aamm
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WHATCOM COUNT
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Introduction 1 P &D
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Division Head: Sylvia Goodwin
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Dept Head: Ha( Hart
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Prosecutor. Karen Finger
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Evocative: Pe,e rramen
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SUBJECT: Proposed amendmen s to the Utility Chapter of the Whatcom County Comprehensive
Plan.
ATTACHMENTS:
(1) Proposed ordinance reflecting the Planning Commission's recommendations.
Nore: Background materials are available for review at the County Con d1 o ce.
SEPA review required? ( x ) Yes ( J NO
SEPA review completed? ( x ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( z) NO
Requested Date:
rA hearing must be held if Council changes Me Planning Commission
recommendation Iwcc ao.lo.no�.
SUMMARY STATEMENT: State law requires Counties m review their
comprehensive plans to ensure continued compliance with the Growth
Management Act. Whatcom County has commenced this process and is
bringing forward amendments to the Utility Chapter for consideration by
the County Council.
Note: The subject proposal is one of a number of comprehensive plan
amendments initiated this year, These amendments must be considered
concurrently by the County Council so that the cumulative effect of the
various proposals can be evaluated (RCW 36.70A. 130). Additionally,
pursuant to the review schedule established in WCC 20.10.120, final
Council action on these amendments should occur by November 30.
Distribution Request
Indicate those who showed receive a copy inner Council action.
Listspectpc names to the right.
ADS Facilities Management
ADS Finance
ADS Haman —Resources
ADS info Services
Assessor
Keith Wilhomer
Auditor
Cooperative Fe,ension
District come
Executive
Health
Hearing Examiner
jail
COUNCIL ACTION TAKEN:
2002 - 84 Q 124/2002: Adopted Introduced 5
Ord #003: Adopted 5 -1, Brenner opposed, Nelson absent
Ord #2003-011
Real
Related File Numbers: AB2002 -084
. / °''e^ile
Parks
Planning
Hal Hart
P or
public Work.
Sheriff
Superior Court
Treasurer
Other
Ordinance or Revn[u({on Number - 1
(this item): �2
1 _ Planning DivlsonAComp Plan Amend,nentsAComp Plan 2002VCMP2002 -00006 (Utility Chaptcr) - Atsdoc
S -26-0'
SPONSORED BY: Planning
PROPOSED BY: Planning,
INTRODUCTION DATE: 9/24/n?
ORDINANCE # 2003 -011
AMENDING THE UTILITY CHAPTER OF THE
WHATCOM COUNTY COMPREHENSIVE PLAN
WHEREAS, The Growth Management Act requires counties and cities to review and, if
needed, revise comprehensive plans to ensure continued compliance with the GMA (RCW
36.70A.130); and
WHEREAS, It is also appropriate to review the comprehensive plan in light of new
information and changed County priorities; and
WHEREAS, Legal notice was published in the Bellingham Herald; and
WHEREAS, The Planning Commission held a public hearing on the proposal; and
WHEREAS, The Planning Commission has evaluated the proposed amendments and made
certain modifications;
WHEREAS, The County Council has considered the Planning Commission's Findings of
Fact & Reasons for Action, Conclusions, and Recommendations.
The Council makes the following findings of fact and conclusions:
FINDINGS OF FACT
I. Notice of the Planning Commission hearing for the subject amendment was published in
the Bellingham Herald on May 30, 2002.
2. The Planning Commission held a public hearing on the subject amendment on June 13,
2002.
3. A determination of non - significance was issued under the State Environmental Policy
Act (SEPA) on August 5, 2002.
4. Growth Management Act (GMA) planning goal #1 is to "[e]ncourage development in
urban areas where adequate public facilities and services exist or can be provided in an
efficient manner." (RCW 36.70A.020(1)).
P. I
5. GMA planning goal #5 is to "[e]ncourage economic development throughout the state
that is consistent with adopted comprehensive plans, promote economic opportunity for
all citizens of this state, especially for unemployed and for disadvantaged persons, and
encourage growth in areas experiencing insufficient economic growth, all within the
capabilities of the state's natural resources, public services, and public facilities." (RCW
36.70A.020(5)).
6. GMA planning goal #7 is that °[a]pplications for both state and local government permits
should be processed in a timely and fair manner to ensure predictability." (RCW
36.70A.020(7)).
7. GMA planning goal #10 is to "[ p]rotect the environment and enhance the state's high
quality of life, including air and water quality, and the availability of water." (RCW
36.70A.020(10)).
S. GMA planning goal #12 is to "[e]nsure that those public facilities and services necessary
to support development shall be adequate to serve the development at the time the
development is available for occupancy and use without decreasing current service levels
below locally established minimum standards." (RCW 36.70A.020(12)).
9. The Whatcom County Comprehensive Plan Goals 5A, 51), 5E, 5F, 5J, 5L, 5Q, and 511
address these GMA planning goals.
10. County -Wide Planning Policy K -1 states: "As part of the comprehensive planning
process, the county and the cities shall identify appropriate land for public facilities
which meets the needs of the community, such as schools, recreation, transportation and
utility corridors, human service facilities, and airport and other port facilities. In order to
reduce land use conflicts, policies related to a design component shall be incorporated in
the comprehensive plans."
1t. County -Wide Planning Policy K -5 states: "Sharing of corridors for major utilities, trails
and other transportation rights -of -way is encouraged when not in conflict with goals to
protect wildlife, public health and safety."
12. County -Wide Planning Policy N -1 states: "The cities, and the county, in cooperation
with other municipal corporations, tribal governments, federal and state agencies, and
public and private utilities shall cooperate in conserving water and in drawing upon said
water to support growth."
13. The Whatcom County Comprehensive Plan Goals 5A, 5F, 5Q, 5R, and Utilities - Action
Plan item #13 address these County -Wide Planning Policies. No conflicts between the
subject amendments to the Whatcom County Comprehensive Plan and the County -Wide
Planning Policies have been identified.
14. Comprehensive Plan maps #11, # l2, and #13 update and identify power transmission and
generation facilities, natural gas and oil transmission and distribution, and
communication towers.
P. 2
15. Comprehensive Plan maps #l1, #12, and #13 are informational maps that are not
intended to be used as regulatory maps.
CONCLUSIONS
The subject amendments are consistent with Growth Management Act, County Wide
Planning Policies, and Whatcom County Comprehensive Plan.
The subject amendments are consistent with the public interest because they update the
Comprehensive Plan to reflect new information and County priorities.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section I. The Utility Chapter of the Whatcom County Comprehensive Plan is hereby amended
as shown on Exhibit A.
Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this
ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof
other than the part so declared to be invalid.
ADOPTED this 28th day of January , 200 3
ATTEST:
Dana Brown- Davis, Council Clerk
APPROVED as to form:
Civil Deputy Prosecutor
Date: 1�3% r
P. 3
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
A
Dan McShan hairperson
( pprove�dd Denied
Pete Kremen, Executive
Draft 2002 Update
Chapter
Five - Utilities
EXHIBIT A
6/13102 Planning Commission Proposal
INTRODUCTION
Chapter Five
UTILITIES
Utilities, as defined here and for purposes of the plan, include all lines and facilities used to
distribute, collect, transmit, or control electric power, natural gas, petroleum products, information
(telecommunications), water, and sewage. Most utilities in Whatcom County utilities are operated
by special - purpose districts and private companies, or are extended by cities. The county's
responsibility for utilities provided by other agencies ranges from regulating their use of land to
managing their activities in public rights -of -way.
Electric power, natural gas, petroleum, and some other utilities treated herein are inherently
regional and are regulated directly and indirectly at several levels, including the Washington
Utilities and Transportation Commission (WUTC) and the Federal Energy Regulatory Commission
(FERC). Changing regulations at every level affect the way utilities will be managed through the
planning period. Changes in the utility marketplace, intogether with new and varying electric
power utility needs, acid in they flow at power among purveyers will, iR all Feb ability can
be expected to affect the way eIeGfinG POWK and perhaps -ether utilities are marketed, transmitted,
and used.
Purpose
This section contains policies to guide Whatcom County in reviewing private utility development
proposals, regional transmission proposals and in reviewing and regulating utility services and
facilities provided by other public agencies and the private sector. This section also provides a
general framework for utility- specific comprehensive plans including those prepared by entities
other than Whatcom County. The cities, Puget Sound Energy, Cascade Natural Gas, Public
Utility District No. 1 (Whatcom County PUD), and other special - purpose districts are encouraged
to use the Whatcom County Comprehensive Plan in preparing their own plans and capital
improvement programs.
It is the intent of this plan to support electric power, natural gas, petroleum, telecommunications,
and other providers in fulfilling their "public service obligations" required by state law to provide
service on demand to existing and future customers. It is also the intent of this plan to minimize
any negative effects resulting from the provision of that service on the residents, infrastructure,
or and the environment of the county.
Process
In March 1991, a Utilities Planning and Advisory Committee (UPAC) was formed in response to
the requirements of GMA to address utility issues with the exception of water, sewer, and solid
waste issues. The committee was comprised of representatives from electric power purveyors,
Cascade Natural Gas, , Whatcom PUD, Whatcom County Planning
Whatcom County Comprehensive Plan
5 -1
Chapter Five - Utilities Draft 2002 Update
Division, City
of Bellingham PJannmg,
the small
cities,
and citizen groups. A list of UPAC
members and
their represented groups
is located
at the
beginning of this plan.
Rationale for amendment: The purpose of the Utilities Planning and Advisory Committee
is to "ensure the protection of public health and safety and the environment, and also
preserve custom, culture, and economic stability, when new electric, natural gas, and
petroleum transmission facilities are proposed. The committee will also review
telecommunications proposals to enhance economic development in Whatcom County."
(WCC 2.125.020). Further WCC 2.125.030(3) calls for UPAC to [d]evelop
comprehensive plan policies and development regulation proposals for county
consideration." Water, sewer, and solid waste issues are not mentioned as functions of
the UPAC leading to the assumption that UPAC was not to advise in areas that were not
specifically cited. Added a reference to the small cities as they have a representative on
UPAC, and deleted the reference to telecommunications purveyors as they do not have
a representative.
Unlike most other GMA committees, members were not appointed by the County Executive;
instead they are appointed by the County Council. The committee is comprised of a mix of utility -
industry professionals and private citizens who have conscientiously attended meetings whenever
called. The first meeting of the UPAC was in April 1991. For several ^°^'h^ ^-^^'' RgG were
0Rd.. Rt„i °°^. The committee met monthly for approximately one and one -half years, then directed
county staff to prepare a draft utility chapter for the GMA comprehensive plan. Since then, the
UPAC members have met when called together for review of subsequent drafts of the chapter,
and have been consulted individually on industry- specific issues and questions. Regulations
imposed at the state and federal levels and their impact on local jurisdictions' ability to plan were,
perhaps, the most difficult issues the committee had to deal. Of recent note UPAC was
Rationale for amendment: The works of the recent UPAC members should be
recognized, as they have done significant work on the pipeline section and for their
involvement in helping to update the utility chapter.
The coordination requirements of the GMA were complied with in the process of producing this
chapter. Many of the main purveyors of utilities as defined in this chapter contributed to the
process by providing factual information and sample plans and by participation in the process
itself.
Rationale for amendment: Whatcom County has not verified the accuracy of all of this
information; the statement deems it to be true when it is unknown if this is the case.
Documents submitted by Cascade Natural Gas, Puget Sound Energy (formerly Puget Sound
Power & Light), and Qwest (formerly US West) Communications as models for this chapter were
used in preparing this document; these and other references consulted are listed in the
bibliography for this chapter. The Draft GMA Electrical Facilities Plan, Puget Sound Power &
Light Company Inc., September 24, 1992, and the Natural Gas and Hazardous Liquid Pipeline
Background Report, October 2001, were particularly useful.
GMA Goals, County -Wide Planning Policies, and Visioning Community Value Statements
Whatcom County Comprehensive Plan
5 -2
Draft 2002 Update Chapter Five - Utilities
The goals, policies, and action plans in this chapter contribute to achievement of several of the
GMA planning goals, including those considering urban growth, reduction of sprawl, open space
and recreation, and public facilities and services. The chapter has been written to satisfy those
goals while also meeting the intent and requirements of the County -Wide Planning Policies
(CWPP) and general guidelines of Visioning Community Value Statements.
Although CWPPs do not address all utilities as defined in this chapter as a separate category,
various types of utilities are addressed within a number of sections. Specifically, the policies
FegH Fe encourage sharing of corridors for utilities, trails and other transportation rights -of -way.
The CWPPs also call for cities to develop plans, in cooperation with existing water purveyors and
other municipal corporations providing water or sewer services, affording urban -level water and
sewer services within their urban growth areas (UGAs). The interlocal agreements specified in
the policies must address reasonable criteria for annexation and ensure adequate services
including water and sewer utilities. Within Urban Growth Areas this will comply with what has
been adopted. The CWPPs specify that cities will not extend water and sewer utilities without an
adopted program for annexation and an adopted Capital Facilities Plan. Exceptions may be
made in cases where human health is threatened. Ntho gh at • F''^^ ^f this deG meet the
Coordinated 14ateF System Plan has hot yet been adopted by the State, tThe CWPPs require that
if water extensions are made, they must be consistent with the service area boundaries and other
provisions of the Coordinated Water System Plan. Outside of Urban Growth Areas, cities and
other public and private utilities may extend water only at rural levels of service. If rural levels of
service are extended, availability of pipeline capacity to meet local supply needs shall not be used
to justify development counter to county -wide land development patterns and shall not be
considered in conversions of agriculture land, forestry, or rural lands. These and other water
quantity and quality issues covered in the CWPPs are addressed directly and supported in the
goals, policies, and action plans of this chapter.
Rationale for amendment: The term "encourage" above as amended is the term used
from the CWPP (Policy K -5).
Rationale for amendment: The Coordinated Water System Plan has been adopted by
the state.
The Growth Management Act, in conjunction with CWPPs, as presently adopted, clearly identify
the County in a decision - making role when it comes to utility provisions. This is implemented
through the County's power to set urban growth boundaries granted by the Growth Management
Act and can be specified through the Interlocal Agreements assigned in the CWPPs. It should
be noted that the CWPPs are locally adopted and could be subject to change in the future.
Visioning Community Value Statements do not directly or indirectly address or identify the
importance of utilities of any kind. Growth Management Goals and County -Wide Planning Policies
will be served by adoption of this chapter and implementation of its goals, policies, and action
plans.
GMA Requirements
The Growth Management Act mandates that counties required to plan under the act adopt
comprehensive plans including "a utilities element consisting of the general location, proposed
location, and capacity of all existing and proposed utilities, including, but not limited to, electrical
Whatcom County Comprehensive Plan
5 -3
Chapter Five - Utilities Draft 2002 Update
lines, telecommunication lines, and natural gas lines." The utilities element will include maps
illustrating existing and planned-proposed facilities and define goals and policies concerning those
facilities and future proposed locations for utility facilities and corridors. By future proposed
locations. it is the interpretation of Whatcom Countv that "proposed" means oroiects that have
I MIN a_-- qW1111101110
Rationale for amendment: This new sentence is intended to call out what Whatcom
County means by the term `proposed" as there has been differing interpretations with this
term in the past between the County and some utility providers.
Rationale for amendment: The Utilities Background Document, at the present time,
cannot be located within the County's library or resources, and attempts to locate a copy
of this from other sources have not been successful. UPAC felt that if the document
cannot be located for someone to refer to it, it is not appropriate for this document to refer
to it, even if it was, or could have been a valuable resource. Only a draft version of this
document has been located.
Rationale for amendment: This sentence has been moved to a more appropriate
location.
This plan does not address all the issues regarding energy or energy policy. As required by
GMA, this plan addresses only those issues that are considered utility issues of Whatcom County.
Therefore, this document does not treat address G9; coal, automotive - oriented, or other non - utility
energy issues except with regard to transmission corridors.
Whatcom County is not a municipal purveyor of electric power or water. While this chapter of the
comprehensive plan does thoroughly address provision of electric power and other utilities by
private and public purveyors, the chapter does not address water supply other than as might be
provided by Whatcom PUD SIP or through other various water districts, associations, or private
wells with one or more connections. Water supply and coordination affected by these
organizations or parties is largely addressed in the Whatcom County Coordinated Water System
Plan (CWSP). Maps showing locations of pipelines and service areas of water purveyors and
locations of existing sewer system areas are adopted as they presently exist or are modified.
BACKGROUND SUMMARY
Rationale for amendment: UPAC and Staff recommend deleting the reference to the
Utilities Background Document and the sentence that leads directly to it.
Whatcom County Comprehensive Plan
5-4
Draft
Five - Utilities
is especially true for natural gas petroleum products and electricity.
competition benefits the County consumers.
Whatcom County strongly
encourages utilities to develop in
a safe and
rational manner based on
the demand requirements
of development consistent with
the County
Comprehensive Plan.
&.1. 1110111
Rationale for amendment: UPAC proposes amending the Background Summary to be
more generic in nature, noting central issues and themes effecting utilities. Conversely,
the old version was seen as overly focused on electrical issues and particularly Puget
Sound Energy's situation in Whatcom County, possibly giving the incorrect implication that
there were no other distributors of electrical energy in Whatcom County.
Whatcom County Comprehensive Plan
5 -5
Chapter Five - Utilities Draft 2002 Update
ISSUES, GOALS, AND POLICIES
Locational Criteria for Siting Utilities
County -Wide Planning Policies, the Visioning Process, open space, greenways, the environment,
zoning, existing development patterns, Growth Management urban growth areas, and other
physical, political, business, economic, and geographical constraints will demarcate both the need
for and the locations available for any new electric power and /or natural gas corridors. Electric
power, communications, petroleum, and natural gas purveyors are part of regional systems that
are demand - driven and are regulated at the State and, to some degree, at the Federal levels.
This chapter provides for general locations of utility facilities needed in the future. Precise
locations will be determined in the future and will be evaluated through existing regulatory and
review processes including conditional use and environmental review.
It is the County's preference that Uutility corridors must be located in areas of least impact to the
eitizenspublic and environment of Whatcom County as measured by proximity to populous and
environmentally sensitive areas. U til ty Gorr ders °h^" be shared by GOrnpatible Ytiltes'AAAR
safely- - possible. While it is in the best interest of the citizens of Whatcom County to plan for
location of utility services in future growth areas, every effort must be made to avoid undesirable
effects of locating those facilities in areas where the health or safety of Whatcom County
residents may be adversely affected where the development is prohibitively expensive, where
the health or safety of WhatGGM COLIRt)' Fes cents may be adveFsely affaGted, or where
environmental costs may be too high. Utility corridors shall be shared by compatible utilities when
safely possible.
Rationale for amendment: The suggestion was made to place this phrase before "where
the development is prohibitively expensive" UPAC and Staff agreed as there may be an
implication that these are being prioritized.
GOAL 5A: Specify a clear process for determining appropriate locations for
future needed utility facilities including electric power facilities
greater than 55 kV.
Policy 5A -1: Use the existing conditional use, major project permit, and environmental
review processes to evaluate and determine the suitability of proposed
locations for any new utility facilities above the distribution level during the
planning period.
Pn' G.64 ERGOUFage util L s t nq n ex atng P.1r corridor and enGGura nhnin
where- approprate:
(iii) sharing existing corridors
Rationale for amendment: This policy now indicates in hierarchical order of what actions
the County prefers with regard to expanding supply of a utility product or service.
Whatcom County Comprehensive Plan
5 -6
Draft 2002 Update Chapter Five - Utilities
Policy 5A -3:
Encourage
utility purveyors to consider
underground installation
of
technologies.
distribution
facilities consistent with WUTC
rates and tariffs.
Policy 5A -4: To the extent that installation of utility facilities affects growth patterns, utility
services should reflect designated growth areas.
Policy 5A -5: Discourage siting utility facilities in known natural hazard areas URIess puWs
hnnnft n b• n nhn the i nL
..�crraa.
POI Gy GA C
Cxped to the project r ew nrnn ^nn a hAq PP.. Identified n
n'hn t "h n 1 ..
Garr de rfort d1n 4.
Rationale for amendment: If a project is proposed, the proposal will constitute an
identification of a possible utility corridor or facility site. The effect of this policy would be
to expedite the project review process for every project regardless of the merits. Staffand
UPAC concur this policy should be eliminated because it is meaningless and potentially
harmful to the interests of the County.
Policy 5A -76: Ensure that utilities and power generating facilities are sited where they will
not adversely impact the ecological flow regime needed for fish, including
threatened and endangered fish species.
Trends in Utility Technology
Changing technology will affect the costs and types of utility
facilities available. W story has shown the Jechnologies 4
particularly when breakthrough discoveries occur. Fiber c
generally accepted that fiber optics technology is changing
doing so rapidly and in a widespread manner. FibeF - apt
ic
widespread use s new. It is net - inconceivable likely that
services and systems And- source
aay-field can evolve very rapidly,
ptics is are a good example; it is
the way we communicate, and is
ether new technologies could will
emerge Grand existing technologies will evolve within this planning period
GOAL 5B:
Support development and
use of new utility
and information
technologies.
Policy 5B -1: Facilitate the use of future technologies by allowing a degree of la.,.''' de
flexibility in regulations and policies affecting utility facilities when it can be
shown that a net benefit to the public is likely to result.
Policy 513-2: Support development and use of new technologies, such ° ,sc.
Policy 513-3: Recognize the economic opportunities and benefits that adequate Gellula
phone communication services access provides to the community.
Policy 5B -4: Support development regulations that are flexible and receptive to
innovations and advances in cellular communication technologies and that
recognize the positive impact of moving information rather than people.
Whatcom County Comprehensive Plan
5 -7
Chapter Five - Utilities Draft 2002 Update
Rationale for amendment: UPAC and Staff felt the term "cellular" was too restrictive and
the more inclusive term "communication" is a better term to use. This way if
communication advances occur that are not "cellular technology ", the policy would still be
applicable.
Policy 5B -5: Work closely with major utility providers to enhance the county and private
geographic information systems (GIS) databases.
Rationale for amendment: No apparent reason why this should be restricted to major
utility providers.
Electric Power, Natural Gas, Petroleum, and Telecommunications
All Whatcom County residents should have access to utilities as defined in this section. The
WUTC requires equitable availability and controls the price of electric power-, and natural gas
services provided by investor -owned utilities, a.,a - petroleum; FERC does so for electric, natural
gas and petroleum facilities crossing state lines. Additionally, the Energy Facility Site Evaluation
Council (EFSEC), the Department of Labor and Industries (DLI), and the US Department of
Energy (DOE)' regulate utility siting
and operations. Goals relating exclusively to natural gas and hazardous liquid lines are
addressed separately.
Rationale for amendment: WUTC does not regulate the price of petroleum. WUTC
suggested these changes.
Changes in the utilities marketplace will probably create a need for recognition of a variety of
service needs and for new models of how Pewerand energy areis distributed, stored, and used.
Regulations concerning provision of , it I tipq to end snnq utility services to consumers should
remain flexible and offer opportunities for review with respect to changes in utility industry
dynamics dictated by market forces and regulations at the state and federal levels.
GOAL 5C: Facilitate accessibility of utilities.
Policy 5C -1: Support user access to natural gas, electric, eF and communications utilities.
Policy 5C -2: Review the policies in this chapter as necessary in order to keep them
current with market and regulatory changes.
Policy 5C -3: Include utility permits in processing of Major Development Permit and
Planned Unit Development permit applications.
Policy 5C -4: Make use of advanced technology to assist government operations and
enhance public accessibility.
Policy 5C -5: Undertake Encourage regional planning of public facilities and utilities which
will facilitate coordinated land -use management and capital facility
construction.
Whatcom County Comprehensive Plan
5 -8
Draft 2002 Update Chapter Five - Utilities
Policy 5C -6: Support capital facilities to correct existing deficiencies, and to
accommodate new growth in an efficient, cost effective and timely fashion.
Policy 5C -7: Public facilities and utilities will be designed and located in a manner which
protects the integrity of planned land uses, existing land forms, drainage
ways, natural systems, critical areas and resource lands.
Policy 5C -8: Extension of urban utility services will be carefully staged in order to
discourage new development in areas that are premature in terms of
planning, timing and funding.
Policy 5C -9: Extension of urban governmental services and utilities will be confined to
areas planned for urban development and be consistent with the optimal
land use and urban growth area plan.
Policy 5C -10: Public utility systems will be appropriately scaled to accommodate
anticipated population growth.
ReNG11: The GaP421 f@G11 .;t;as element she be is ..a,e,.r Anism used to gu de and
0 implement the Growth Management Plain through PFE)gFaRRRi ef publia
Rationale for amendment: This policy does not appear to be related to utilities, rather
it would be more appropriate possibly in the Capital Facilities chapter. It also might go
without saying and not be necessary at all.
Permitting Process Efficiency
Time required for permitting processes can increase development costs and can impede the
timely provision of electric power and other utilities to residential, commercial, and business
users. Any new utility installation requires precisely designed and selected components to
complete and bring a facility on line. Careful planning is necessary to ensure the proper
components are available as needed. Delays in obtaining permits can disrupt planning cycles
and can result in utility services not being available when needed. Local permit processing
should not interfere with or cause long delays for the provision of utilities to residents, industry,
or business.
Rationale for amendment: The addition to this sentence calls out a possible
consequence to delays.
GOAL 5D: Minimize the time required for processing utilities permits.
Policy 5D -1: Streamline and simplify permitting processes relating to installation of utility
facilities designed to serve existing or approved development.
Whatcom County Comprehensive Plan
5 -9
Chapter Five - Utilities Draft 2002 Update
Rationale for proposed amendment: This policy has the same meaning as policy 5C -3.
It is not necessary here.
Rationale for proposed amendment: Staff and UPAC are of the opinion that the
language as it stands is too strong, that it would require to expedite proposed
development regardless of the merits of the project. By removing this policy, the county
could still expedite projects, but would not be mandated by policy directive to expedite
proposed development of projects lacking merit or those deemed unfavorable.
Policy 5D4 6D-2: Eliminate p&rn*s that are a dup! cation Of Grter a or everlapip ng State and
Rationale for amendment: Councilwoman Brenner suggested this change and gave
reasoning that mentioning the State and Federal regulations is unnecessary. UPAC and
Staff support the amendment.
Goal 5E: Reduce future unnecessary obstacles to land use development
applications.
Policy 5E -1: County Planning and Development Services will notify and seek comment
from utility operators concerning land use development applications
adjacent to existing major utility facilities and will take comments received
under advisement.
Policy 5E -2: Require evidence of compliance by the applicant with all relevant easement
provisions as a condition of all discretionary and non - discretionary land use
approvals.
Policy 5E -3: Utility companies shall provide notification of proposed projects to abutting
landowners.
Impediments to the Provision of Utilities
The ability of utility purveyors to meet the mandates of WUTC and FERC could be affected by all
of the following: GMA regulations, goals, and policies; plat covenants, conditions, and restrictions;
infrastructure requirements; zoning (how much? where ?); County -Wide Planning Policies;
Visioning Community Value Statement scenarios; and environmentally sensitive areas.
GOAL 5F: Identify and remove impediments to effective siting of necessary
utility facilities.
Policy 5F -1: RPeriodically review existing and Rem regulations to eRs re '..w.�.here are Re
are Re
identify and eliminate unintended or unreasonable constraints on the
provision of necessary utilities as defined in this section.
Whatcom County Comprehensive Plan
5 -10
Draft 2002 Update Chapter Five - Utilities
Rationale for proposed amendment: This policy is subjective, uncertain, and appears
to be unnecessary. Too many uncertainties are in this policy: contribution to the county
employment base (how many ?), could be popular (what's that ?), make provisions (The
normal rules don't apply ?). This appears to be a large loophole, which could allow
projects that lack merit, need, and county desire to be allowed in "areas other than those
included in this plan'. Furthermore, this policy is not needed, as county has other
regulations for where utilities are allowed. This policy appears to serve no beneficial
purpose for the county, but could be one that a utility proponent points to as a reason why
they should get special provisions that apply to them.
Regulatory Controls Encouraging Energy Conservation
Conservation is considered a substantial contributor to regional and local energy supplies.
Generally, there are two components of conservation: regulatory issues and infrastructure.
Regulatory issues include the efficiencies created by zoning density, development standards,
establishing minimum energy efficiency standards and energy code enforcement. Infrastructure
issues include existing utility facilities and privately owned equipment ranging from purveyor -
owned hardware to consumer -owned appliances. While energy demand increases as a result
of growth, conservation plays a large role in limiting the quantity of that new demand.
Rationale for amendment: Bolded those terms to make them more clear.
GOAL 5G Support cost-effective conservation as a significant supply factor and
implement policies that promote energy conservation measures.
Policy 5G -1: Review and revise existing and proposed regulations for consistency with
conservation and the other goals in this chapter.
Policy 5G -2:
Encourage
energy conservation and
energy
efficiency in
all proposed
residential,
commercial, and industrial
projects.
Rationale for amendment: "Encourage "is suggested to be amended to "Require "to give
the goal of conservation more force. UPAC committee suggested this change.
Policy 5G -3: Support conservation incentives to businesses and groups for
comprehensive conservation efforts.
Policy 5G -4 Facilitate and encourage conservation of resources, in order to delay the
need for additional facilities for electrical energy and water resources, and
to achieve improved air quality.
Whatcom County Comprehensive Plan
5 -11
Five - Utilities
GOAL 5H: Support cost - effective renewable energy projects as-a- significant
supply factor and implement policies that promote renewable energy
projects.
Policy 5H -1: Review and revise existing and proposed regulations for consistency with
renewable energy and the other goals in this chapter.
Policy 5H -2: Encourage and support the development of renewable energy projects and
technologies.
Policy 5H -3: Support renewable energy incentives to businesses and groups for
comprehensive renewable energy efforts.
Utility Corridors and Other ...� "^''''' ^°
Where feasible, multiple land uses in utility corridors should be encouraged. The potential for
shared use of utility corridors should be realized to the greatest practical extent. While some
corridor uses have proven incompatible, others work well. Some uses are clearly mutually
exclusive, but others are unaffected, and in some cases enhanced, by proximity to other uses
thereby serving multiple needs.
Questions have been raised concerning potential for long -term, adverse health effects associated
with exposure to 60Hz electric and magnetic fields. Many studies have been conducted
concerning those effects and many are in process; results are mixed.
GOAL 5J: Facilitate maintenance and rehabilitation of existing utility systems
and facilities and encourage use of existing
utility corridors.
Policy 5J -1: Encourage utility providers to explore expanded and /orjoint use of existing
utility corridors before seeking sites for new rights -of -way.
Policy 5J -2: Promote, when reasonable and feasible, the co- location of new public and
private utility distribution facilitates in shared trenches /corridors, as well as
coordination of construction timing.
Policy 5J -3: Allow for recreational use of utility corridors where practical.
Policy 5J -4: Require utility companies to notify impacted residents of herbicide
applisati ORS -and vegetation control measures.
GOAL 5K: Be responsive to new information on electric and magnetic field (EMF)
research progress.
Policy 5K -1: As new information regarding EMF becomes available, consider the need
for new standards.
Whatcom County Comprehensive Plan
5 -12
Draft 2002 Update Chapter Five - Utilities
Policy 5K -2:
Educate the
public with
regard to any new information
concerning possible
EMF health
effects.
GOAL 5L: Support direct and indirect economic benefits to Whatcom County
originating with energy or utilities in general.
Policy 5L -1: Recognize economic benefits derived from coordination of utilities with
established and projected residential, commercial, and industrial growth
patterns in the County.
Rationale for amendment: The above policy gives no direction as to what to do. Does
this mean the more jobs involved the more the County is compelled to approve a project?
What standards?
Policy 5L -3: Require a utility proponent to show how the proposal provides local or
regional benefit.
Transmission Natural Gas and Hazardous Liquid Transmission Pipelines
Transmission of hazardous liquids and gases by pipeline is an essential transportation mode for
transporting these products. While pipelines offer an efficient and convenient method of
transport, potential for ruptures and uncontrolled leaks of products which are highly flammable,
explosive, or toxic requires careful consideration of pipeline siting and protection of pipelines from
third party damage.
The goals of Whatcom County regarding pipelines are: to provide safety for County residents and
to provide predictability for future pipeline siting.
The County is not able to control all issues regarding pipelines, as there are other agencies with
jurisdictional authority (such as EFSEC and FERC), as well as demand from areas outside of
Whatcom County, which preclude the County from having the ultimate authority. Nonetheless,
goals and Pal isy-preferenses policies for the County are appropriate and incorporated herein.
Rationale for amendment: Suggested by Councilwoman Brenner and is supported by
UPAC. This gives it a stronger feel.
The following goals and policies shall apply to all natural gas and hazardous liquid transmission
pipelines. This shall include pipelines which operate at a hoop stress of twenty percent or more
of the specified minimum yield strength or as may be amended hereafter by federal regulations.
Such a pipeline would by federal, state, and local definition be classified as a transmission line.
The goals and policies presented herein should be interpreted in conjunction with the general
utility policies of this chapter where applicable, with priority and deference given to these policies
which are specific to natural gas and hazardous liquid pipelines where they appear contradictory.
Whatcom County Comprehensive Plan
5 -13
Chapter Five - Utilities Draft 2002 Update
The Natural Gas and Hazardous Liquid Pipelines Background Report contains more detailed
information regarding pipelines and related issues and is adopted by reference. The Utilities
Committee concluded notification was the most appropriate method to meet the County's goals
as opposed to imposing setbacks or other restrictions which would limit landowners use of land
Rationale for amendment: As an alternative to having disclosure statements placed on
deeds within close proximity to transmission pipelines, maps have been designed showing
notification areas from 660 from each side of a transmission pipeline. UPAC strongly
supported this addition.
Goal 5M: Protect the citizens and the environment of Whatcom County through
informational, educational, and regulatory measures.
Policy 5M -1: Seek intervenor status on all pipeline proposals which are Re may not be
within the County's regulatory authority, so as to preserve the County's
legal right to retain a voice in the proposal. The County will review a
pipeline proponent's application materials and file comments with the
reviewing bodyies according to the appropriate procedure and within the
timelines provided. Staff shall engage in continual and ongoing
communication with the regulatory authorityies regarding the project as the
need or occasion arises.
Policy 5M -2: Carefully scrutinize new or updated franchise agreements, review and
evaluate model franchise agreements, if available, for provisions to be
incorporated into negotiation discussions regarding proposed provisions in
future franchise agreements.
Policy 5M -3: Develop information /education and notification programs to alert the public
of pipeline location and safety considerations when making land purchase
or development decisions adjacent to transmission pipelines.
Policy 5M -4: Require transmission pipeline operators to provide accurate 'as- built'
pipeline maps as a condition of approval for any county development
permit. In addition to scaled plan maps which shall be accurate to the
parcel level, pipeline information (pipe size, allowable pressure, fuel type,
etc) shall also be provided. Whatcom County's GIS department is to
provide updated copies of all major pipeline routes to Whatcom County's
Division of Emergency Management.
Rationale for amendment: UPAC did not feel these requirements should be applicable
to service or smaller distribution lines, as these lines are prolific throughout the county.
Rather the intent was to address the county transmission pipelines.
Policy 5M -5: Require, early in the transmission pipeline permitting process, that the
proponent provide funds to the County, adequate to cover the cost of an
Whatcom County Comprehensive
5 -14
Draft 2002 Update Chapter Five - Utilities
informational session which will be conducted by an independent third -party
to be selected by the County on the topics of eminent domain and right -of-
way acquisition. Pipeline proponents shall also be required to conduct
"open house" and "town hall' style public meetings as part of a County land
use development permit for a new or major transmission pipeline
expansion.
Policy 5M -6: Require transmission pipeline proponents to notify all fire districts, water and
sewer districts, and jurisdictions with urban growth areas where the siting
of new pipelines crosses those service areas.
Rationale for amendment: The rest of these policies that add the word `transmission"
is for the same rationale as above.
Policy 5M -7: Monitor transmission pipeline construction to ensure pipelines are installed
in accordance with all applicable critical area regulations.
Policy 5M -8: Encourage the Office of Pipeline Safety to enact
stronger safety measures for transmission pipelines, and to encourage
pipeline applicants to voluntarily enact stronger safety measures than
required by federal law in Whatcom County.
Goal 5N: Develop locational siting criteria specific to special conditions
regarding transmission and large distribution pipelines.
Policy 5N -1: Utilize a GIS -based siting criteria for evaluating transmission pipelines which
is consistent with comprehensive plan policies for transmission pipelines
and the recommendations in the Natural Gas and Hazardous Liquid
Pipeline Background Report.
Policy 5N -2: Encourage transmission pipelines to follow adjacent to established utility
corridors where possible. Require applicant justification for proposed
deviations.
Rationale for amendment: Same reasoning as above on why the term 'transmission"
should be specified.
Policy 5N -3: Transmission pipelines are discouraged in urban growth areas, small towns,
crossroads commercial, and other areas of intense rural development
which would render such pipeline siting inappropriate.
Policy 5N -4: No transmission pipeline facilities should be constructed or located in critical
areas without fully mitigating the project impact.
Policy 5N -5: Designated agricultural and forestry lands in the Comprehensive Plan are
preferred locations for transmission pipelines.
Whatcom County Comprehensive Plan
5 -15
Chapter Five - Utilities Draft 2002 Update
Policy 5N -6: Restrict the location of transmission pipelines in high -risk landslide areas
where evidence of instability could be ascertained by recent events, or
verifiable geological conditions.
Policy 5N -7: For natural gas transmission pipelines, encourage siting of critical facilities
and high occupancy facilities pursuant to the regulations of WAC 480 -93-
020, and 480 -93 -030 (not closer than 500' from a 500 psi pressure or
greater pipeline, not closer than 100' from a pipeline with a pressure
between 250 and 499 psi) and as hereafter amended.
Water Supply
Whatcom County residents obtain domestic water from public and private water systems. For the
purpose of this discussion, the term "public" refers to the State Department of Health definition,
and not to ownership of the system. This distinction is important and can often be confusing.
Public systems, as defined by the State Health Department, must comply with specific regulations
designed to protect the health of people using the supply. Private systems do not have to meet
these same requirements. However, the County Council acting as the Board of Health adopted
setbacks
from septic tanks and
initial
water quality sampling
requirements.
It does
not impose
on -going
water quality monitoring
on
private water systems.
Rationale for proposed amendment., The County Council adopted ordinance 2002- 024
on April 23, 2002 that, among other things, established minimum requirements applicable
to private water systems.
The complete definition of a public water system can be referenced in WAC 246 -290 and WAC
246 -291. In general, Health regulations define a public water system as all systems except those
serving only one single - family residence and a system with four or fewer connections all of which
serve residences on the same farm. However, the regulations do allow systems with only two
connections to be exempted from State Health rules at the discretion of local /State Health.
Whatcom County has taken advantage of this allowance and, in certain circumstances, does not
re uire consider residential systems with two services to meet be public systems requirements.
Rationale for proposed amendment: Pre- existing lots are exempted from the public
system requirements. However, a new two -lot short plat would have to provide a 'public"
class B water system (i.e. a two -party well that has greater initial testing requirements and
on -going monitoring requirements) if the lots are less than five acres (see WCC
21.04.090).
2000, 1 3 -6).
Whatcom County Comprehensive Plan
5 -16
Five - Utilities
• _ .• ••• ._.. _ .. .... .. _. _ ..err_ -e MEL—_
The largest purveyor in the county is the City of Bellingham. Bellingham directly supplies water
to about 76 000 60,000 people, relying on water from Lake Whatcom and the Middle Fork of the
Nooksack River via a diversion pipeline. However Bellingham also sells water to Water District
2, Water District 7, Water District 10 and the Lummi Water & Sewer District. If water sold to these
districts were included. Bellingham provides water to approximately 88.000 people. The City also
has the largest collection of water rights of all purveyors in the county. This large water right could
enable it to continue its role as a major purveyor in the future. Bellingham has indicated concerns
about a- ^ dpq rp to ^F° ^te ^ stormwater district in the Geneva area and the County fully supports
Z creation of a stormwater district, even in the absence of annexation.
Rationale for proposed amendment: The City of Bellingham indicated that they now
provide water to about 76,000 people (88,000 if you count water that is wholesaled to
other water districts). Additionally, Bellingham's Surface and Storm Water Manager
recommended deleting the text about the city creating a stormwater district in Geneva.
The Public Utility District No.1 (PUD), which obtains water from the Nooksack River, has the
second largest collection of water rights in the county. The PUD is a public water utility authorized
under RCW Chapter 54 which provides retail service within its designated service boundary and
has the potential to provide wholesale water on a county-wide basis. The PUD currently provides
both direct retail and wholesale water supplies to customers within the county. The PUD holds
water rights for municipal water supply purposes - including residential, commercial, industrial and
agricultural use. Pursuant to state law, the PUD develops and provides water supply within its
service area in accordance with authoritative demand and /or population projections.
The PUD will consider petitions for service or assistance from all areas in Whatcom County which
are not presently claimed by cities, water districts or other purveyors operating within the county.
The level of service to be provided to PUD customers requesting service or new supply will be
consistent with relevant capital facility and /or land use plans and policies in existence at the time
of service extension.
Regardless of size, public or private, many water purveyors in Whatcom County face common
challenges in meeting existing and future demands. Water quality concerns which have been
identified include nitrates, arsenic, bacteria, iron /manganese, sea water intrusion, and
pesticidesNOCs. Quantity concerns include legal limitations on supplies and questions regarding
actual amounts and depletion of water. New regulatory requirements under the Safe Drinking
Water Act, for example, further challenge the ability of purveyors to meet new demands.
Meeting existing and future water demands throughout the county will require careful planning
and a mesh of land use /zoning with supply availability. Some of the planning tools which exist
to help accomplish this, include:
• the Water Resource
Inventory
Area (WRIA)
1 Watershed Management Protect
including the WRIA 1
Watershed
Management
Plan (due in 2003) and the computer -
based Decision Support
System
model
that can aid in evaluating different scenarios
associated with water
quantity, water quality , fish habitat and in- stream flow conditions;
Whatcom County Comprehensive Plan
5 -17
Chapter Five - Utilities Draft 2002 Update
• the various protection and management strategies discussed in the Chapter Eleven:
Environment, Water Resource Section;
• comprehensive water plans that have been developed by some of the water purveyors;
• the Capital Facilities Plans and Interlocal Agreements developed by the Cities and
County under the Growth Management Act;
• the use of short term planning area boundaries within urban growth areas; and
• the Coordinated Water System Plan.
The Coordinated Water System Plan was completed in February 2000 1 QA2 and isawait ng was
adoptedien by the State Department of Health in August 2000. The plan, written by some of the
local water purveyors, agencies and others, was intended to help ensure more efficient planning
for water supplies throughout the county. It identifies recommendations and requirements related
to system design and planning, joint facilities and interties, system service areas, satellite system
management, conservation, and general resource management.
Although the various tools noted above will assist in helping to meet water demands, there is work
to be done in both completing the specific elements and ensuring their consistency with each
other.
With so many uncertainties and so few clear answers, caution is necessary in making water -
related decisions. It is likely that much dialogue, coordination, and clear understanding will be
necessary to work through a myriad of water - related issues and decisions. Changing priorities,
organization, and regulations at state and federal levels make comprehensive decision - making
yet more arduous. County staff and elected officials must participate in all processes aimed at
quantifying, regulating, or controlling water in any way to protect the best interests of the citizens
of Whatcom County. Specifically, the WRIA 1 Watershed Management Project has been initiated
to address water issues.
This plan is based on the assumption that agriculture is important to the County as identified in
the Visioning Process and that water will be available to serve the agricultural community. The
plan also assumes that adequate water will be available to serve the proposed Urban Growth
Areas. It is recognized that certain actions are needed to ensure supplies to those areas. These
actions will be pursued and the Urban Growth Areas will be revisited as part of the seven five year
review process to determine if the boundaries are consistent with water availability.
Rationale for proposed amendment: The Director of the Planning & Development
Services Department recommended this modification. It would recognize that the state
legislature amended the Growth Management Act this year to require County review of
the Comprehensive Plans every seven years instead of every five years (Substitute
Senate Bill 5841).
Whatcom County Comprehensive Plan
5 -18
Draft 2002 Update Chapter Five - Utilities
Identified urban growth areas are served by public water either within an approved water service
area or logical service boundary. Where gaps or shortfalls exist in planning or capital facilities,
the County will use short term planning area boundaries to assure adequate levels of urban
services. Water rights are always an issue in planning for adequate facilities. Treaty rights with
the tribes, minimum instream Flows for adequate protection of fish, and use and protection
pursuant to state water laws, all affect the ability of purveyors to meet service objectives. It is not
the intent of the County to second guess a projection in an approved or pending plan. The
County will review plans periodically to ensure consistency with the growth and population
projections of this plan, and changes in the availability of water or permits which may affect the
ability to serve.
In—ar Ag Auts;de of _Fba^ ^na # or.,_^, bBecause of concerns about water supply, and
requirements of state law, development will be contingent on providing evidence of adequate
water supplies.
Rationale: RCW 19.27.097 requires evidence of water supply for building permit
applications and RCW 58,17. 110 requires such evidence for subdivision applications.
Neither of these statutes exempts development within urban growth areas from the
requirement to prove they have adequate water.
GOAL 5PL: Resolve county water issues through pro- active participation in
processes leading to solution of water - related conflicts, including the
WRIA 1 Watershed Management Project.
Policy 5PL -1: Plan for interlocal agreements with other agencies to manage failing water
associations that fall into receivership.
Policy 5PL-2: Encourage and participate actively in forums, workshops, and other water -
related planning activities.
Policy 5PL-3: Discourage extension of urban levels of water service to areas not
designated as urban growth areas, industrial areas (including the Gateway
Industrial Transportation Corridor), Small Towns or Resort/Recreational
Subdivisions.
Policy 5PL -4: The County should periodically examine its role as a potential purveyor of
water and sewer service in order to determine if increased involvement may
be needed to help solve some of the utility problems in the county.
Policy 5PL-5: Investigate the opportunity for multiple solutions to other issues such as
Flood management, when looking towards acquiring additional water
supplies /rights.
GOAL 5QM: Work with Whatcom County PUD and other water purveyors to provide
service to all existing and designated urban growth or industrial
areas.
Policy 5QM -1: Work with the PUD, Birch Bay Water and Sewer District, Blaine Ferndale
Ecology, and other jurisdictions as appropriate, to ensure adequate water
supplies to the Birch -Bay Urban Growth and designated industrial aAreas
Whatcom County Comprehensive Plan
5 -19
Chapter Five - Utilities Draft 2002 Update
in northwest Whatcom County. Consider all options, including but not
limited to extending a water transmission pipeline from Ferndale to the
District to convey water from the PUD's and /or Ferndale's water rights
conjunctive management of surface and groundwater, artificial storage and
recovery and reclamation of wastewater. the -Pl 11) tg- Ferndale.
Rationale for proposed amendment: Birch Bay Water & Sewer District proposed the
amendment to policy 5Q -1 in an e -mail of 615102. It would include Blaine and Ferndale in
the potential water solutions for the urban growth areas, including the industrial areas, in
the northwestern portion of the County. It would also clarify the transmission pipeline
language and identify other issues that may contribute to ensuring an adequate water
supply. This proposed amendment was sent to PUD 1, the City of Blaine and the City of
Ferndale on 616102, and they were asked to respond by 6112102 if they had any objections.
PUD 1 responded in an e -mail of 617102 supporting the proposed changes. Blaine and
Ferndale have not responded.
Policy 5QM -2: Ensure provision of urban levels of water service to urban growth within
areas designated for urban growth.
Policy 5QM -3: Review Urban Growth Areas at least every seven five years to ensure
appropriate actions have occurred to provide adequate water supplies.
Rationale for proposed amendment: The Director of the Planning & Development
Services Department recommended this modification. It would recognize that the state
legislature amended the Growth Management Act this year to require County review of
the Comprehensive Plans every seven years instead of every five years (Substitute
Senate Bill 5841).
Policy 5QM -4: Encourage annexation of areas zoned for urban densities concurrent with
extension of urban level services.
Policy 5QM -5: The County should work closely with purveyors and the State Department
of Health in the development and review of Comprehensive Water Plans to
ensure consistency with land use and urban growth area needs.
Policy 5QM-6: Where necessary, to protect public health or the environment, utility
extensions may be made.
Rationale for proposed amendment: The Director of Planning & Development Services
recommended this modification to promote economic development in areas planned for
industrial uses.
GOAL 5RN: Ensure that potable water supplies required to serve development are
available at the time the development is available for occupancy and
use.
Whatcom County Comprehensive Plan
5 -20
Draft 2002 Update Chapter Five - Utilities
Policy 5RPl -1: Building permit applicants, new subdivisions short plats and binding site
plans will be required to provide evidence that adequate supplies of water
are available prior to their approval by the County.
Rationale for proposed amendment: The Whatcom County Land Division Regulations
require that short plats must provide evidence of adequate water supplies prior to approval
(WCC 21.04.030(f)).
Policy 5RN -2: Work with purveyors prev ider - agencies to assist them in modifying their
water systems as required to support the land use element of the
comprehensive plan.
Sewage Treatment
Whatcom County does not currently own, operate, or maintain a sewage treatment facility, or
associated pumping stations or pipelines. The county d d ^ • n a small Rumber of qP.1.AiPr
December 29, 4995—.Sewage treatment in the unincorporated county is primarily by septic
system. While adequately designed and installed on -site septic systems can be appropriate for
rural -level development, maintenance of such systems varies from excellent to none -at -all.
Poorly maintained septic systems are a source of ground and surface water pollution and have
been identified at both the state and the local level as significant contributors to high nitrate levels
in soil and coliform bacteria in surface water. Some systems can be in a failure mode for years
before being noticed.
"Package" sewage treatment systems and multiple -user septic systems may be a desirable
alternative to the single -user, on -site system. Larger sewage treatment facilities are more
appropriate for urban levels of growth. Whatever type of system is used, adequate maintenance
is the best deterrent to system failure and to pollution of ground and surface water.
GOAL 5S: Reduce the incidence of on -site sewage treatment system failure through
system management and enforcement of standards.
Policy 55 -1: Support state on -site sewage system regulations (WAC 246 -272) which
requires that local health departments implement a program ensuring
proper maintenance and operation for all on -site systems.
Policy 55 -2: The maintenance and operation program should be phased in beginning
with high priority areas designated by the County Council. In implementing
this policy, Lake Whatcom and Drayton Harbor are is-a high priority areas.
Policy 5S -3: The development and implementation of the maintenance and operation
program should consider use of the private sector where possible.
GOAL 5T: Support development of new sewage treatment facilities, including
new pipelines and extensions of existing pipelines, to areas
designated for urban -level growth.
Whatcom County Comprehensive Plan
5 -21
Chapter Five - Utilities Draft 2002 Update
Policy 5T -1: Discourage extension of sewer lines in areas not designated as urban
growth areas, Small Towns, Resort/Recreational Subdivisions, or the
Gateway Industrial Transportation Corridor, unless there are serious public
health or environmental concerns.
Policy 5T -2: For those areas designated for inclusion as a Small Town or
Resort/Recreation Subdivision and wishing to infill, work with the
communities to create sewer and water districts as necessary to manage
both utilities. Public water and sewer service shall be limited to areas
where existing lot sizes and development patterns make public water and
sewer appropriate and shall not be extended outside the boundaries of the
Small Town or Resort/Recreational Subdivision.
Policy 5T -3: Assist sewer and water districts in environmental review and mitigation and
in preparing grant applications to obtain package sewer services that can
be developed in a phased and cost - effective manner to serve Small Towns,
Resort/Recreational Subdivisions and Industrial areas (including the
Gateway Industrial Transportation Corridor).
Rationale for amendment., Staff suggests adding the term "in preparing" so that upon
reading it will not be interpreted that the county 'grants applications'. The county would
assist sewer and water districts in preparing grant applications to obtain package sewer
services.
Policy 5T-4: Support the development of new technology and alternative sewage
disposal methods as an alternative to expensive sanitary sewer systems tii
assure ground water quality is maintained.
Solid Waste Management
MOO
th4 Two privately operated facilitiesy, also designated -as °i^- 2, wil process
unseparated county solid waste. Th'° ^ °t^ • : 11 be delivered to the disposal ^'t^ and -^ ^c e._a
the total URseparated . This product will then be delivered to a private landfill
located outside Whatcom County. A prvate mixed ante c.. ^^ °t'^^ faG 'ty oGatcd in the Gaunt
currently hand ng only yard • ^ ^t^ mater: a ^ Local landfill options are limited to construction
waste and demolition debris at a private site on Hemmi Road. No solid waste is deposited at the
county -owned Cedarville landfill site which was closed in 1990. A private organization leases a
portion of the Cedarville site for a solid waste drop box location for "self- haulers." There are three
other drop -box locations in the county; Birch Bay Point Roberts and Lynden drop boxes are
privately operated (two of these drop -boxes at Birch Bay and Point Roberts, are on land leased
Whatcom County Comprehensive Plan
5 -22
2002 Update Chapter Five - Utilities
Scrap metal from this s . The county will continue to use a private waste disposal system within
the GMA planning period assuming no unforeseen and /or uncontrollable circumstances.
Rationale for proposed amendment., The County's Solid Waste Division recommended
most of the above modifications, with the exception of deleting the 'priority level 2"
language. (1) The portion of the solid waste stream that is recycled has increased. (2)
Incineration is not presently occurring in Whatcom County. (3) The Whatcom County
Prosecuting Attorney's Office indicated that the "Priority Level 2" designation under WCC
2.15.030(g), and the associated 20% recycling standard and 80% disposal standard, was
part of the flow control ordinance that was ruled unconstitutional. (4) The "mixed waste
composting facility' now transports municipal solid waste and does not take yard waste.
(5) The Point Roberts drop box facility is now operated privately.
All solid- waste - management background information, goals, policies, and action plans in this
chapter have been extracted directly, or interpreted from, the Draft Whatcom County
Comprehensive Solid Waste Management Plan, 1999 dune -1994. That plan has been prepared
to meet the requirements of RCW 70.95.
Rationale for proposed amendment: The Solid Waste Management Plan was adopted
by the County in 1999.
Private collection, processing, and disposal services managed in accordance with the provisions
of county ordinances and city contracts constitute Whatcom County's solid
waste management system. Adopted Disposal and Collection Districts, anew- Control
9rdiaaRGe, and a Service Level Ordinance serve as the foundation for county waste
management. The Lummi and Nooksack Reservations and the Newhalem area are not included
in the county's waste management plan. Due to the^ to settle meRt cf recent litigat ;on is ..,,,.,ea
as tG the legal Gtatus at the PIP;,( Control OrdinAnGe. Th s section May Reed to be rev awed and
Rationale for proposed amendment: The Whatcom County Prosecuting Attorney's
Office indicated that an arbitrator, who was a retired Washington Court of Appeals judge,
struck down critical portions of the Flow control ordinance because they were
unconstitutional. Therefore, the Prosecuting Attorney's Office recommended deleting the
references to the flow control ordinance in the Comprehensive Plan.
Generally, county waste management system priorities are met by waste prevention, recycling
and source - separated composting, market development to increase local use of recycle - ables,
collection, transfer, export, ..,a ^^'Rerat GR, and land - filling.
Whatcom County Comprehensive Plan
5 -23
Chapter Five - Utilities Draft 2002 Update
Ley
Rationale for proposed amendment: The County's Solid Waste Division recommended
the above modifications. (1) Incineration is not currently occurring in Whatcom County (2)
The other technologies are not being considered by County government at the current
time.
The county includes several waste - prevention programs as part of its highest waste management
priority, including waste reduction and re -use, education, legislation, and governmental waste -
prevention activities. Education is directed at school -age children through in- school programs;
at shoppers; and at the general public through awareness programs, videos, demonstration sites,
and awards programs.
Whatcom County and the City of Bellingham jointly provide a hazardous waste management
program including education, technical assistance, and operation of a moderate risk waste
(MRW) facility. The MRW facility receives household hazardous waste and small quantities of
commercial hazardous waste and prepares the waste for re -use or transport to a hazardous
waste landfill in Oregon. The County and City also iointly maintain a clean green yard waste
facility open to all County residents.
Rationale for proposed amendment: The County's Solid Waste Division recommended
the above modification to recognize the jointly operated yard waste facility located on
Woburn St.
GOAL 5UR: Support waste prevention for both solid and hazardous substances
as a primary focus prior to waste management.
Policy 5UR -1: Support solid waste source reduction activities including conservation
education programs, source reduction programs for county agencies, a
waste exchange and materials re -use clearinghouse, and home
composting and other activities related to yard debris.
GOAL 5VS: The County's waste diversion goal is to reach 50 percent source -
separated recycling with additional diversion potentially available
through waste processing of non - source - separated recyclables.
improve the overall Gounty waste reduction and rerycling rate (as
mpagumd in tons per year) to 440A by the year 2002.
Rationale for proposed amendment: The Whatcom County 1999 Comprehensive Solid
Waste Management Plan set the above goal (p. 1 -2), which is similar to state goals for
recycling.
Managerngnt Plan due to !it gat on,
Rationale for proposed amendment: The County's Solid Waste Division recommended
the above modification to recognize that the Solid Waste Management Plan was revised
in 1999.
Whatcom County Comprehensive Plan
5 -24
2002 Update Chapter Five - Utilities
GOAL 5WT: Using existing and future technologies, make available safe, effective,
economical, and environmentally sound techniques for solid and
hazardous waste disposal.
Policy 5WT -1: Support best - management practices for disposal of household, commercial,
and industrial solid and hazardous wastes.
Policy 5WT -2: Establish and enforce standards for disposal of bio- solids, including
management of the amount of heavy metals and other pollutants, and
management of impacts to sensitive areas.
Stormwater Management
Stormwater management is treated in Chapter 11: Environment and is not included in this Utilities
Chapter.
Whatcom County Comprehensive Plan
5 -25
Chapter Five - Utilities "Action Plan Draft 2002 Update
UTILITIES - ACTION PLAN
recommended by the Ut 1 ties Panni and Adw sor:y Comm ttee. The goals and pal 6 Be FR@y be
..Ned by adopt nn the fn set of action plans.
Rationale for proposed amendment: This section is redundant, as the GMA, County -
Wide Planning Policies and Utilities Planning & Advisory Committee are mentioned
previously. Additionally, most chapters of the Comprehensive Plan do not include a
preface to the action plan.
Conservation
1. Provide a mechanism for the county and utility providers to cooperatively support
education programs for both citizens and government officials on conservation issues, and
promote awareness regarding location of all types of utility facilities.
2. Support conservation efforts within county government.
3. Directly support communities to work with utility providers in promoting utility conservation.
4. Work with state utility regulators to facilitate energy conservation efforts.
5. Review and enforce existing energy codes.
6. Work with utility purveyors to define ways for conservation to positively influence Whatcom
County's economic development through specific conservation efforts and economic
savings obtained through conservation.
7. Adopt land -use implementation strategies such as development standards and incentives,
and investigate multiple problem solving aimed at conserving water and energy.
8. Adopt conservation standards for new construction.
Rationale for amendment: This was originally suggested by Councilwoman Brenner in
her proposed amendments to the utility chapter and is supported by UPAC.
Alternative Energy Sources
89. Adopt solar access ordinances such as solar orientation and solar design standards.
910. Adopt ordinances enabling and facilitating alternative sources of energy.
Permitting Process
4A11. Expedite utility- oriented permitting processes.
Whatcom County Comprehensive
5 -26
Draft 2002 Update Chapter Five - Utilities
Utility Facilities
44-.12. Establish screening and landscaping standards for utility facilities.
42.13.Direct growth and appropriate utility facilities to designated urban growth areas.
13.14.Map existing and proposed utility corridors and establish appropriate notification zone for
each type of corridor. Notify Requ re future r^^ rent al applicants for development
ep rmitst^ be net f ad of proximity to the utility corridors.
Task Forces
1415. Direct the county Health Department to do the following concerning EMF:
• monitor €M€ research;
• plan and accomplish public education concerning EMF and- sensewatiea; and
• aGGampl sh regulatory review regulations and policy review.
Education and Information
1516. Develop and implement a notice to use the "one- call" system placed conspicuously on
County land use development permits requiring excavation. Provide "one- call" brochure
to applicant with permit materials.
1&17. Design an educational program and handouts which explain the importance of using the
"one- call" system.
4715. Enhance the County's permitting system by developing a standard procedure to provide
copies of project plans to utility companies for opportunity to review and comment.
19. Educate the public with regard to landowner rights that are applicable to utilities, including
information about eminent domain.
Rationale for amendment., UPAC supported the notion that the County should provide
the public with a means of being educated on landowners rights, with particular emphasis
on the issue of eminent domain.
Transmission Pipelines
1320. Develop GIS data linked to county permitting system to allow, at a minimum, for permits
requiring excavation within 100 feet of a pipeline are to be flagged. The permit applicant
can be informed to the existence of the pipeline with a notice placed conspicuously on the
permit and "one- calf' materials are to be included with permits.
12921. Apply GIS -based siting criteria for evaluating pipelines to any and all future pipeline
proposals.
Whatcom County Comprehensive Plan
5 -27
Chapter Five - Utilities "Action Plan Draft 2002 Update
Water Supply
4522. Encourage implementation of the Coordinated Water System Plan.
Encourage the adopt OR of the GOOm Rated Wat.eF System PaR (GWSP) and rnplemen
Rationale for proposed amendment: The C WSP was adopted in 2000. Move old # 15
to appendix H (completed action items).
4-623. Develop interlocal agreements with local surface and groundwater management agencies
to ensure adequate water supplies in urban areas.
4724. Establish an interlocal agreement with Whatcom County PUD, Water District 10, and other
interested Satellite System Management Agency (SSMA) candidates, consistent with the
recommendation from the CWSP, to manage failing water associations that fall into
receivership.
4-825. Actively participate in all appropriate water - related meetings, forums, and coalitions.
44926. Evaluate and, where feasible, support alternative supplies of water such as desalinization,
re -use of treated wastewater, and storage of Flood water. Investigate reservoir holding
ponds that take advantage of Flood water when needed for beneficial uses such as
fisheries, agriculture, domestic and industrial water supplies.
2927. Review urban growth areas every seven five years to ensure adequate water supplies are
available and revise boundaries accordingly.
2428. The county shall review new residential projects requiring land use or construction permit
approval for the availability of an adequate water supply.
2229. The county shall notify purveyors p e3f der agencies of potential inconsistencies between
their water system plans and the comprehensive plan, and shall work with them to find
acceptable solutions.
2330. The county shall work with rural water system operators to achieve level of service and
construction standards for rural systems that are consistent with rural densities and service
expectations.
Sewage Treatment
2931. Establish a Require maintenance management program of for all new and existing septic
treatment systems.
3932. Require no- protest agreements from all developers for sewer service LIDS.
Comment: Staff will provide more information on this issue.
3133 r.......ete the draft Lake WhatGOm Sept.. o.... d8ve hell under the I alke Olhgtno
Management Committee Prnnpgs o gnp a PaFtGUIaF ...pha6is on developing and
Whatcom County Comprehensive Plan
5 -28
Draft 2002 Update Chapter Five - Utilities
Rationale for amendment: Sue Blake of Water Resources noted that the general intent of
this action item has been accomplished. This should be moved to Appendix H (completed
action items).
Solid Waste Management
3233. Monitor changes in technology and in the marketplace that could change the economics of
solid waste management and waste -to- energy projects.
3334. Implement the recommendations of the Whatcom County 1999 1994 D.0 ^�°" Comprehensive
Solid Waste Management Plan.
Add the following to the glossary for the Whatcom County Comprehensive Plan
"Critical facilities" mean the definition in the Whatcom County's Critical Areas Ordinance
16.16.800(19). (Ord. 97 -056).
These include:
a. €sseatlA' Emergency Facilities.
i. Fire and police stations;
ii. Tanks or other structures containing, housing or supporting water or
other fire- suppression materials or equipment required for the
protection of essential or hazardous facilities, or special occupancy
structures;
iii. Emergency vehicle shelters and garages;
V. Structures and equipment in emergency - preparedness centers;
V. Stand -by power generating equipment for essential facilities;
vi. Structures and equipment in government communication centers and
other facilities required for emergency response.
b. Hazardous Facilities. Structures supporting or containing sufficient quantities
of toxic or explosive substances dangerous to the safety of the general public
if released.
C. Special Occupancy Structures.
i. Covered structures where primary occupancy is public assembly;
ii. Buildings for schools, colleges, adult education or day -care centers;
iii. Hospitals and other medical facilities;
V. Jails and other detention facilities.
Rationale for amendment: By changing to "emergency facilities" instead of "essential
facilities" there is less chance that the term would be confused with "essential public facilities ".
"Distribution
pipeline" means a
pipeline other than a
gathering or transmission line or as defined at
49 CFR 192.3,
if as amended.
"EFSEC" is a common abbreviation to refer to Washington's Energy Facility Siting Evaluation
Council.
"FERC" is a common abbreviation to refer to the Federal Energy Regulatory Commission.
Whatcom County Comprehensive Plan
5 -29
Chapter Five -Utilities "Action Plan Draft 2002 Update
"Gathering pipeline"
means a pipeline that transports gas from a current
production
facility to a
transmission or main
or as defined at 49 CFR 192.3, if as amended.
-of -way occupied by the existing
line and areas
OPINION
and request field marking of underground facillties.
Rationale for amendment: This change would make Whatcom County's definition identical
to the State's definition as defined at RCW 19.122.020(17).
"Third -party damage" means exsavatiea damage caused by eqW ^M^^' operated by An ^ itq ''^ a
party other than the owner /operator of a utility facilitvpipeAne operate r or a contractor working for the
such owner /operator.
Rationale for amendment: Amended definition is more expansive, for instance, third -party
damage does not have to involve a pipeline or be caused by excavation damage.
"Transmission pipeline" means a natural gas or hazardous liquid pipeline that transports within a
storage field, or transports from an interstate pipeline or storage facility to a distribution main or a
large volume user, or operates at a hoop stress of twenty percent or more of the specified minimum
yield strength or as defined at 49 CFR 192.3, 4 as amended.
"Utility
corridor" means an area where an
existing utility
transmission
line is situated, which includes
the right
-of -way occupied by the existing
line and areas
immediately
adjacent to such rights
-of -way
in which
siting additional utility transmission
lines could
potentially be considered appropriate.
'WUTC" is a common abbreviation to refer to the Washington Utilities and Transportation
Commission.
Whatcom County Comprehensive Plan
5 -30
UTILITY CHAPTER
Planning Commission amended recommendation to Action Item # 32
7/29/02
32. Require no- protest agreements from all developers of subdivisions or short plats
stating that they will not protest the formulation of sewer service LIDS in areas
expected to receive urban levels of growth Specifically, this provision is
applicable to comprehensive plan designations of urban growth areas, small
towns resort/recreational subdivisions and the gateway industrial transportation
corridor. Such agreements are to run with the land and would be rcquired to be
recorded with the Auditor's office.
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