HomeMy WebLinkAboutres2000-023WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2000 -172
CLEARANCES
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APR 11 2000
WHATCOPJ, COUNTY
COUNCIL
Agenda Date
4 -18 -00
Assignedm:
Council lntroduchon
Divlsian Head: Rrgina Ddahant
(Health @Human services)
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Hearing
(Health 6 HumanSrvinm)"
-Prosecutor
: DawGram
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Erecuays: PeteAmmen
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SUBJECT: Resolution relating to the Whatcom County Coordinated Water System Plan Update.
ATTACHMENTS-
(1) Proposed Resolution
(2) StaffReporl
Note: The Coordinated Water System Water System Plan Update is al file at the Council Office
SEPA review required? ( x ) Yes ( ) NO
SEPA review completed? ( x ) Yes ( ) NO
Should Clerk schedule a hearing? ( x ) Yes ( ) NO
Requested Date: 512100
'UMMARYSTATEMENT.•
The Water Utility Coordinating Committee, composed of water purveyor and
County government representatives, approved the Coordinated Water System
Plan (CWSP) Update in February of1000. RCW 70116050(4) and (7) indicate
that the County Council must hold a public hearing, "insure that the plan is not
inconsistent with the land use plans, shoreline master programs and/or
development policies "of the County, and consider several other factors. The
CWSP is then sent to the Slate Department of Health for final approval pursuant
to RCW 70.116.060.
Distribution Request
Indicate those who should receive a copy under Council action.
List specific names to the right.
ADS Fadmles Management
ADS Finance
ADS Human Resources
ADS Info Services
Assessor
Audhur
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Diaaict Coun
Esecaftw
Heabh
Regina Delahunt
Hearing Rraminer
Michael Bobbink
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COUNCIL ACTION TAKEN:
2000 -172 611812000: Introduced
5/212000: Approved 7 -0, Res. #2000 -023
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Related File Numbers:
✓oven0e
Parhs
Planning
JE Ryan
Prosecutor
Public Worts
Bruce Mills
Shenf
Superior COUN
Treasurer
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Ordinance or Resolutign Number
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Co rdinaced Water System Plan, 415/00
Sponsored by: Consent
Proposed by: Health & Human Services and PDS
Introduction date: 411812000
RESOLUTION NO.
RELATING TO THE WHATCOM COUNTY
COORDINATED WATER SYSTEM PLAN UPDATE
WHEREAS, State law (RCW 70.116.050(4) and (7)) requires the County Council to review
the Coordinated Water System Plan and insure that it is "not inconsistent with the land use plans,
shoreline master programs, and/or development policies" of the County and consider other factors;
and
WHEREAS, the Water Utility Coordinating Committee, consisting of water purveyor and
County government representatives, finalized the Coordinated Water System Plan Update in February
of 2000 in accordance with RCW 70.116.050(2); and
WHEREAS, a determination of non - significance was issued pursuant to the State
Environmental Policy Act; and
WHEREAS, the County Council held a public hearing and acted on the Coordinated Water
System Plan within 60 days of receiving it, as required by RCW 70.116.050(7);
NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby
determines that the Coordinated Water System Plan Update is not inconsistent with the Whatcom
County Comprehensive Plan and development regulations and satisfies RCW 70.116.050, subject to
the following conditions:
I) Outside of Urban Growth Areas, as designated on the Whatcom County Comprehensive Plan
map, City water service shall be provided consistent with planned densities as set forth in the
Whatcom County Comprehensive Plan and Official Whatcom County Zoning Ordinance
(Title 20).
2) A City's designation of a water service area that extends outside of an Urban Growth Area
shall not be utilized as justification for later expanding the Urban Growth Area.
APPROVED this 2 dayof May ,2000.
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AP ROVED AS TO FORM:
Ci 1P
vil DebXy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNY, WASHINGTON
MdAene Dawson, Council Chair
Staff Report
Coordinated Water System Plan Update April 5 2000
WHATCOM COUNTY
PLANNING & DEVELOPMENT SERVICES AND
HEALTH & HUMAN SERVICES
JOINT STAFF REPORT
I. BACKGROUND INFORMATION
Subject: Coordinated Water System Plan (CWSP) Update
Summary of Request: County Council review to insure that the CWSP is not inconsistent with
the Whatcom County Comprehensive Plan and development regulations and satisfies RCW
70.116.050.
State Environmental Policy Act (SEPA) compliance: The SEPA Official for Whatcom County
issued a determination of non- significance on March 15, 2000.
County Council Timeframe: Pursuant to RCW 70.116.050(7), the County Council is to take
action on a CWSP within 60 days of receiving it. Additionally, the amended "Interagency
Agreement between State of Washington Department of Health and Whatcom County" indicates
that the CWSP update is to be completed by June 30, 2000.
II. ANALYSIS OF THE PROPOSED AMENDMENT
The Whatcom County Council passed Resolution #'s 90 -73 and 91 -075 in the early 1990s
declaring the portion of Whatcom County west of the National Forest, with the exception of
certain tribal lands, to be a "critical water supply area" under RCW 70.116. This declaration
committed water purveyors with more than 50 connections and County government
representatives (collectively know as the "Water Utility Coordinating Committee ") to prepare a
Coordinated Water System Plan (CWSP). Specifically, Resolution # 90 -73 indicates that this
CWSP would include "establishment of service boundaries, interconnections, conservation
measures, and other provisions regarding the efficient provision of water to meet present and
future needs by public and private utilities."
The Water Utility Coordinating Committee prepared a CWSP in April of 1993. The 1993 CWSP
went to the County Council, who also endorsed it. However, the CWSP was never approved by
the State Department of Health (DOH), as required by RCW 70.116.060, because of Lummi
Nation issues and GMA related appeals to the Growth Management Hearings Board (CWSP
Update, February 2000, pp. 2 -2 and 2 -3). Water issues on the Lummi Reservation have not yet
been resolved, but are the subject of Federal/State/Lummi Nation negotiations. The Growth
Management Hearings Board decision was vacated by the Superior Court in September of 1998.
This decision has been taken to the Court of Appeals.
Staff Report
Coordinated Water System Plan Update April 5 2000
In 1997, the State DOH recommended amendment of the CWSP to:
✓ Incorporate 1995 changes to State law relating to the appeals process.
✓ Incorporate 1995 changes to State law relating to satellite management for new water
systems.
✓ Incorporate language relating to the Federal/State/Lummi Nation negotiations (see
DOH letter of 7/14/97 from Richard Siffert to Sue Blake).
In addition to the above issues identified by the DOH, the CWSP Update also includes:
➢ Future water demand in the County based upon population projections.
➢ Maps of the service areas of water purveyors.
➢ Minimum design standards applicable to new and expanding water systems. These
include items such as minimum pressure requirements, pipe sizes, storage, and fire
flow.
➢ A "utility service review procedure" to identify a water purveyor who is willing and
able to serve a proposed development.
➢ Regional issues such as water rights, water quality, and conservation.
The Water Utility Coordinating Committee met between July 27, 1998 and February 3, 2000 in a
process to update the CWSP. They gave final approval of the CWSP on February 3, 2000. The
CWSP has gone through SEPA review and the County Council must find that the CWSP is not
inconsistent with County land use plans, and consider several other factors, prior to sending the
CWSP to State DOH for final approval.
Specially, the factors that are to be considered in evaluating a proposed CWSP are set forth in
RCW 70.116.050(4) and (7). These factors are addressed below.
(A) Insure that the CWSP is not inconsistent with the land use plans, shoreline master
programs, and/or developmental policies of the general purpose local government or
governments whose jurisdiction the water system plan affects.
Staff has reviewed the CWSP and finds that it is consistent with the Whatcom County
Comprehensive Plan and development regulations. In fact, Whatcom County Comprehensive
Plan Utility Action Plan item # 15 is to "Encourage the adoption of the Coordinated Water
System Plan (CWSP) and implement its recommendations" (Comprehensive Plan, p. 5 -19).
Specific land use planning issues are highlighted below.
Staff Report
Coordinated Water System Plan Update April 5 2000
Issue # I — City Water Service Areas Extending Outside of Urban Growth Areas
County -Wide Planning Policy F -6 states:
Cities, other municipal corporations, and other public and private utilities shall not extend
urban levels of water service to serve urban uses outside Urban Growth Areas. If water
extensions are made outside of Urban Growth Areas, the maximum number of connections
shall be consistent with current zoning and the number of connections shall be specified in
a legally binding document at the time the extension is approved. Property contiguous to
extension of utilities necessary to solve existing water deficiencies, but which cannot benefit
from them because of zoning constraints, shall not be assessed for those improvements
( Whatcom County Comprehensive Plan, Appendix C, p. C -7).
Additionally, County -Wide Planning Policy F -7 indicates:
The availability of pipeline capacity required to meet local needs and/or supply shall not be
used to justify development counter to the county -wide land development pattern and shall
not be considered in conversions of agricultural land, forestry, and rural areas ( Whatcom
County Comprehensive Plan, Appendix C, p. C -7).
The Whatcom County Comprehensive Plan indicates:
... 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 ... (p. 5 -3).
Policy 2M4 of the Comprehensive Plan is to `Ensure that cities do not extend sewer or urban levels
of water service to serve new areas of urban densities outside urban growth areas unless emergency
or health hazards exist" (p. 2 -17). Additionally, Policy 2DD -4 is to "Discourage urban levels of
water and sewer service extensions to serve rural areas except to remedy groundwater contamination
problems or to correct health hazards" (p. 2 -61).
Six of the seven cities in Whatcom County have submitted water service area maps (Blaine has not
yet submitted their map). The water service areas of three of these cities (Bellingham, Ferndale and
Sumas) extend outside of the Urban Growth Area that has been designated in the Whatcom County
Comprehensive Plan.
Staff Report
Coordinated Water System Plan Update April 5 2000
The City of Bellingham's service area extends outside of the Urban Growth Area in four places:
➢ Chuckanut Dr.;
➢ Mt. Baker Highway;
➢ Aldrich Rd. west of Cordata; and
➢ In the Curtis Rd. area, northwest of the Airport.
In an e -mail memo of 3/20/00, the Bellingham's Superintendent- Utilities, Tony Seman,
indicated that these places are included in their service area, even though they are outside of the
Urban Growth Area, for the following reasons:
1. We have had a water main to Larrabee state park since 1938.
2. Mt Baker Highway water main was installed (1958), owned and maintained by the
Van Wyck Water Association up until 1993 when the association requested the city to
take over the ownership and maintenance. They have always been supplied with City
water through a master meter until the take over when the master meter was removed.
3. Aldrich Road - Was Twin Lakes Water Association until 1982 when the master meter
for the association was removed and became part of the City's direct service.
4. Curtis Road main installed 1973 (also location of Foster reservoir) -
provided service to Water District #2...
Additionally, Mr. Seman's 3/20/00 e-mail stated:
The City has no intent on increasing service potential above the current Whatcom County
zoning designations for each area. The Public Works Department has been active in
insuring that as water service requests are received, we only sell services that are
consistent with County zoning and that are inside the current City water service zone.
Many owners have asked for service outside those areas and we have denied their
requests on a continual basis...
Three of the four service areas outside Bellingham's Urban Growth Area pre -date adoption of the
Growth Management Act in 1990, and all four pre -date adoption of final Urban Growth Area
boundaries in 1997. These factors, along with the City's commitment to serve these properties at
current zoning densities, alleviate concerns that the service area designations are inconsistent
with the Whatcom County Comprehensive Plan.
The City of Femdale's water service area extends outside of the Urban Growth Area in two places:
➢ In the Axton Rd./Northwest Dr. area, east of Femdale; and
➢ In the Smith Rd./Northwest Dr. area, east of Ferndale.
Staff Report
Coordinated Water System Plan Update April 5 2000
In an e -mail message of 3/20/00, Femdale City Administrator Roland Signett indicated:
... In approximately 1977 the City purchased the Klahaya water system which serves
east along Axton Rd. and north to Laurel Grove. Prior to the purchase the system was
serving that area with water purchased from the City of Ferndale. The purchase was at
the request of the owners and was funded with a Farm Home Loan. As you can see the
(purchase) long predates GMA. On Smith Rd., the water line was installed by Whatcom
County PUD #1 and received water from the Femdale treatment plant. This was
sometime in the late 1980's. The line was dedicated to the City and PUD receives a
latecomers payment when connections are made.
It is the City's intent to provide water to these areas on an as needed basis and in accord
with the county zoning designations.
These two water service areas outside Femdale's Urban Growth Area pre -date adoption of the
Growth Management Act in 1990. This, along with the City's commitment to serve these
properties at current zoning densities, addresses concerns that the service area designations are
inconsistent with the Whatcom County Comprehensive Plan.
The City of Sumas' water service area extends outside of the Urban Growth Area east of the city,
into designated Agricultural lands.
In a letter of March 27, 2000, Somas City Administrator David Davidson addresses this issue by
stating:
The water service area identified in the City's "Declaration," as filed recently in
conjunction with the CWSP process, contains two swathes of land not included within the
Sumas UGA. They are an area immediately east of Heron Lane and a triangular area
north of Rock Road and east of the Sumas River. They are included in the service area
because residents in those areas have been receiving water service from the City for at
least a decade. Service was initiated to those properties simply because each was on the
City's side of the master meters separating our service area from that of the Sumas Rural
Water Association. The City will continue to provide service in those areas consistent
with the County's zoning code — i.e., if the County issues a building permit, the City will
provide water.
2. There is a difference between the Sumas UGA legally established by County ordinance
and the UGA identified in the City's comp. plan. Our plan, as well as our declared service
area, include a 40 -acre area south of Rock Road and west of the Sumas - Kendall Road, as
well as an irregular pocket extending in from Heron Land immediately south of Johnson
Creek. The City has included these areas in its future service area because they are
included in the City's desired UGA. In each case the City now provides water to some or
all of the residents in the area. However, the City has no intention of using the water
service area declaration as a means ofjustifying future inclusion of those areas within the
5
Staff Report
Coordinated Water System Plan Update April S 2000
UGA established by the County. At the next county -wide UGA update, Somas does
intend to argue for inclusion of those areas, but not on the basis of the existing water
service...
RCW 57.16.140 states that "The construction of or existence of sewer capacity or water supply
in excess of the needs of the density allowed by zoning shall not be grounds for any legal
challenge to any zoning decision by the county." Cities, water districts and associations have
historically provided service to development in rural areas of Whatcom County (although in this
day of growth management planning, city water service areas should closely resemble Urban
Growth Area boundaries). The Cities of Bellingham, Femdale and Sumas provide water service
outside their Urban Growth Areas. These services should continue to be provided at rural
densities. Additionally, existence of water service should not be not be used as justification for
expanding Urban Growth Area boundaries and rezoning rural or agricultural properties to higher
densities. Therefore, the resolution addressing consistency between the CWSP and the County's
Comprehensive Plan should contain two conditions:
1) Outside of Urban Growth Areas, as designated on the Whatcom County Comprehensive
Plan map, City water service shall be provided consistent with planned densities as set
forth in the Whatcom County Comprehensive Plan and Official Whatcom County Zoning
Ordinance (Title 20).
2) A City's designation of a water service area that extends outside of an Urban Growth
Area shall not be utilized as justification for later expanding the Urban Growth Area.
Issue # 2 — City Service Areas That Don't Include Portions of the Urban Growth Area
County-Wide Planning Policy D -3 states that "Cities shall develop a plan to provide urban level
water and sewer services within their Urban Growth Areas. This plan should be developed in
cooperation with existing water purveyors and other municipal corporations providing water or
sewer services within each city's Urban Area.. "(Comprehensive Plan, Appendix C, p. C -5).
Additionally, Comprehensive Plan Policy 5M -2 is to "Ensure provision of urban levels of water
service to urban growth within areas designated for urban growth" (p. 5 -13).
A small portion of the Sumas Urban Growth Area, as designated in the Whatcom County
Comprehensive Plan, is excluded from the water service area for Sumas.
In a letter of March 27, 2000, Sumas City Administrator David Davidson addressed this issue by
indicating:
.. East of Hovel Road and south of the city limits there is an area included within the
County's UGA for Sumas, but excluded from both the City's planned UGA and its
declared service area. At the next countywide UGA update, the City intends to argue for
exclusion of that area from the Sumas UGA, thereby bringing the County UGA into
consistency with Sumas plans and service areas.
Staff Report
Coordinated Water System Plan Update April 5 2000
In the year 2002, a 5 -year review of the County's Comprehensive Plan will be undertaken, as
required by RCW36.70A.130 and Comprehensive Plan Policy 2Q -1 (p. 2 -19). If the County
decides not to amend Sumas' Urban Growth Area boundary at that time, then Somas should
amend their water service area to cover the entire Urban Growth Area, as specified in the
County-Wide Planning Policies.
Issue # 3 - Population Proiections
The Whatcom County Comprehensive Plan provides official population projections over the 20-
year planning period (1995 - 2015). The Comprehensive Plan projects that there will be 220,366
people living in Whatcom County in 2015 (p. 1 -8). Approximately 145,290 of these people
would live in cities (including their Urban Growth Areas) and the remaining 75,076 people
would live in the rural areas of the County. This population growth projected in the Whatcom
County Comprehensive Plan represents a 2% annual increase over the 20 -year planning period
(1995- 2015).
The CWSP utilizes the 20 -year population projections established in the Whatcom County
Comprehensive Plan (CWSP, pp. 3 -1 to 3 -3). While the CWSP projects population to the year
2050, it assumes that the Comprehensive Plan projections for the year 2015 will be correct,
including the distribution among urban and rural areas. Therefore, the CWSP is wholly
consistent with the Whatcom County Comprehensive Plan's population projections.
Issue # 4 — Utility Policies in the Comprehensive Plan
Whatcom County Comprehensive Plan policies relating to utilities are found in chapter 5. Goals and
policies that govem the provision of water include:
Policy 5M -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 (p. 5 -13).
Staff Comment: The Water Utility Coordinating Committee, which is composed of
representatives of water purveyors that have 50 or more connections, and
County representatives worked collaboratively to develop the CWSP.
Additionally, State Department of Health representatives participated in the
meetings during development of the CWSP.
GOAL 5N: Ensure that potable water supplies required to serve development are available
at the time the development is available for occupancy and use (p. 5 -14).
Staff Comment: There are two components to the CWSP: The "supplemental provisions, "
which are included in the document currently under review, and Water
System Plans submitted by individual purveyors (see RCW 70.116030 and
CWSP, p. 1 -5). These Water System Plans are the primary documents that the
Staff Report
Coordinated Water System Plan Update April 5 2000
individual purveyors use to plan for water needs ofdevelopment within their
service area. Additionally, the CWSP "supplemental provisions" establish
a procedure for obtaining water if the designated purveyor is not able to
provide service in a timely and reasonable fashion.
Policy 5N -1: Building permit applicants, new subdivisions and binding site plans will be
required to provide evidence that adequate supplies of water are available
prior to their approval by the County (p. 5 -14).
Staff Comment: The CWSP indicates that the "utility service review procedure, " which is
intended to identify an existing water purveyor willing and able to provide
water, applies to subdivisions, binding site plans, and building permits (pp.
6 -1 and 6 -2). While the actual requirement to provide proof of water supply
for a subdivision or permit is contained in other statutes, the CWSP guides
applicants in theprocess for obtaining an acceptable water supply.
Policy 5N -2: Work with provider agencies to assist them in modifying their system as
required to support the land use element of the comprehensive plan (p. 5 -14).
Staff Comment: The County reviews Water System Plans of individual purveyors for
consistency with land use plans and is willing to assist if conflicts are
identified.
Issue # 5 — Coordination with Zoninv
The CWSP's "utility service review procedure" sets up a process to obtain water for land use
activities that conform to the `local zoning ordinance" (CWSP, p. 6 -2). However, the CWSP
also recognizes that rezone applications are submitted from time to time. In these cases, water
purveyors are given the opportunity to comment on the rezone request (CWSP, p. 6 -4).
Additionally, fire flow standards in the CWSP have been coordinated with zoning designations
(CWSP, p. 5 -13). Finally, water system plans that are periodically submitted by individual
purveyors are reviewed in light of the zoning densities allowed within the purveyor's service
area.
Issue # 6— Coordination with Land Division Regulations
Whatcom County is currently in the process of amending its land division regulations. The
existing regulations require a public water supply for all long plats (five or more lots) and for
some short plats (four or less lots). The proposed new regulations provide a uniform set of
criteria for determining whether a public water supply would be required in long plats and short
plats. The CWSP sets up a process for identifying a public water purveyor who is willing and
able to provide public water service, should the land division regulations require such a public
water supply (CWSP, pp. 6 -2 to 6 -4). If existing purveyors are unwilling or unable to provide
service, a new public water system may be created (CWSP, p. 6 -3).
Staff Report
Coordinated Water System Plan Update April 5 2000
Issue # 7— Coordination with Shoreline Program
Section 23.100.180.10.12 of the Whatcom County Shoreline Management Program contains the
following policies relating to water systems:
(a) Only those components of public water systems which are shoreline dependent should be
located on shorelines, unless alternatives are infeasible.
(b) Private and public intake facilities and wells on shorelines should be located where there will
be no adverse effects upon natural features and other users.
Staff has not identified any components of the CWSP that conflict with these policies.
(B) Recognize all water resource plans, water quality plans, and water pollution control
plans which have been adopted by units of local, regional, and state government.
Water Resource Planner Sue Blake was asked to evaluate the CWSP in light of other County
water plans. In an e -mail message of 4/3/00, she indicated:
Within Whatcom County there are a number of water plans that have been adopted or are
under development. These include plans related to wellhead protection areas, surface
water source water protection, shellfish districts, watershed planning under ESHB 2514,
Lake Whatcom, stormwater, marine resources, and salmon recovery. The Coordinated
Water System Plan has been and will be integrated and coordinated with these plans.
(C) Incorporate the fire protection standards developed pursuant to RCW
70.116.080.
RCW 70.116.080 indicates that the State Department of Health has the responsibility of
developing fire protection standards for new and expanding public water systems. These
standards are embodied in WAC 246 - 293 -601 through 690. According to WAC 246 - 293 -670,
alternative methods may be utilized if approved by the local fire protection authority and the
State Department of Health. The Whatcom County Fire Marshal was involved in the process of
developing the fire protection standards in the CWSP and officially approved these standards on
March 14, 2000. The CWSP will proceed to the State Department of Health for its approval after
the County Council concludes its review.
(D) Identify the future service area boundaries of the public water system or systems
included in the plan within the critical water supply service area.
A service area map for all Group A water systems, generally defined at those serving 15 or more
connections, that responded to the County's request for information has been included in the
CWSP. The current map includes 70 of the approximately 186 Group A systems in the County or
nearly 38 % of the Group A systems. Additionally, Group B systems, generally defined as those
Staff Report
Coordinated Water System Plan Update April 5 2000
systems service less than 15 connections, that are expanding were mapped. Some of the water
purveyor's service area boundaries overlap. The County Health & Human Services Department
plans to contact additional purveyors that have not yet declared their service area boundaries so
that the map can be periodically updated and contact purveyors with overlapping boundaries in
an attempt to eliminate or reduce such overlaps.
(E) Identify feasible emergency inter -ties between adjacent purveyors.
Inter -ties are addressed in section 8.6.2 of the CWSP, which states:
An interne is an interconnection between public water systems, which permits the
exchange or delivery of water between the systems. An intertie can be for emergency or
seasonal use, for use during repairs or facility maintenance only or used on a continual
basis. Interties are recognized as valuable management tools for public water systems
because they improve overall system reliability, enhance the manageability of the system,
provide opportunities for conjunctive use, or delay the need to develop new water sources
... (CWSP, p. 8 -13).
Existing inter -ties for expanding Group A water systems are listed in Appendix B of the CWSP.
Additionally, Water System Plans for individual water purveyors (which are part of the CWSP)
include a section on inter -ties (WAC 246- 290 - 100(4)).
(F) Include satellite system management requirements consistent with RCW
70.116.134.
Satellite management is addressed in section 7 of the CWSP. This section states:
Prior to 1991, the term SMA (Satellite Management Agency) was applied loosely to
those water utilities that provided service to remote systems.
In 1991, the legislature modified the Public Water System Coordination Act rules to
establish criteria for designating entities approved as SMAs. The current definition of a
SMA is:
A person or entity that is approved by DOH to own or operate more than one
public water system on an area wide - basis, without the necessity for a physical
connection between such water systems.
Currently, the laws and policies relating to the provision of satellite management services
are embodied in legislation passed in 1995 ... which required all new public water
systems to be owned or managed and operated by an "approved" SMA, where one was
available... (p. 7 -1).
10
Staff Report
Coordinated Water System Plan Update April 5 2000
RCW 70.116.134 contains two basic requirements for the County relating to Satellite
Management Agencies (SMAs):
✓ Identifying potential satellite management agencies where no purveyor has designated
a future service area and where the existing purveyor is unable or unwilling to provide
service.
✓ Prior to construction of a new public water system, the County must direct the
proponent to a SMA to explore the possibility of the SMA either owning or operating
the new water system.
Regarding the first issue, Section 7.2 of the CWSP states:
Each county is required to maintain a current list of approved SMAs for their area. The
Whatcom County Health and Human Services (WCHHS) is responsible for this activity.
At the time of CWSP publication, only the Northwest Water Works has been approved as
a SMA within Whatcom County ...This approval does not extend to ownership at this
time... (p. 7 -2).
This list could expand in the future if additional SMAs are approved
The second issue is addressed in Section 6.1 of the CWSP, which indicates that when an
applicant can not obtain water from an existing purveyor, he will be referred to a SMA prior to
being allowed to create a new water system. If a SMA is not available, then a new water system
may be created (pp. 6 -2 and 6 -3).
(G) Include policies and procedures that generally address failing water systems for
which counties may become responsible under RCW 43.70.195.
Failing water systems are addressed in section 7.3 of the CWSP. This section states:
RCW 43.70.195, enacted by the 1990 State Legislature, provides that whenever an action
is brought by the Secretary of Health or a local health officer to place a public water
system in receivership, the petition shall include the names of one or more suitable
candidates for receiver who have consented to assume operation of the water system. If
there is no other person or entity willing and able to be named as receiver, the court shall
appoint the county in which the water system is located as receiver.
Failing systems may occur anywhere throughout the County or the CWSP study area.
Therefore, it is possible to have viable utilities adjacent to or with service areas
enveloping a failing system. In this event, the viable utility may be interested in
expanding their service area to encompass the failing system. If a direct connection is not
initially possible, then a satellite system management arrangement can occur. The CWSP
is concerned that an expeditious solution be determined for failing systems. Therefore,
individual WSPs are required to include, along with other DOH criteria, a statement of
it
Staff Report
Coordinated Water System Plan Update April 5 2000
the utility's policy regarding its role in assuming responsibility for any failing systems
that are located within their service area.
The possibility also exists that approved SMAs may be interested in assuming
responsibility for failing systems located in areas not adjacent or otherwise claimed by
other purveyors. In these situations, the County may contact SMAs to establish their
interest in this role. In the event no existing utility is willing to accept this responsibility,
the County will be designated the purveyor for receivership. Details of the ownership,
management, and financing of the water system improvements will be specified at that
time (pp. 7 -2 and 7 -3).
M. RECOMMENDATION
Based upon the above analysis, staff recommends that the County Council approve the resolution
relating to the Coordinated Water System Plan so that it can be sent to the State Department of
Health for final approval.
IV. ATTACHMENTS
Letter from Terry Klimpel, Water Utility Coordinating Committee Chair
IK
Mayor C
Daryl Brennick ITY OF LYNDEN
Council Members
323 Front Street
Dave Burns
Lynden, Washington 98264
Rose DeGrool
(360) 354 -4270
Gary Bode
Arc Harken
FAX (360) 354 -5749
Gerald Kuiken
Nick H. laninga
Gary A. Via
City Administrator
Stephan Jilk
Whatcom County Council
County Courthouse
311 Grand Avenue, Suite 105
Bellingham, Washington 98225
SUBJECT: 2000 County Coordinated Water System Plan Update
Dear Council Members:
�L6uvtr4
MAR 1 3 1190 1 111
WHATCOM COUNTY PLANNING
On behalf of the Water Utility Coordinating Committee (WUCC) and Economic and Engineering Services, Inc.
(EES), the W`UCC's Consultant, I am pleased to present the 2000 Whatcom County Coordinated Water System
Plan (CWSP) Update. Preparation of the CWSP Update has been in accordance with the contract between
Whatcom County and EES, dated October 28, 1998, through Whatcom County No. 98- 10008.
The CWSP Update represents the continued efforts of the water purveyors throughout Whatcom County in
managing the County's potable water resources according to all applicable State and County Public policy. The
CWSP Update provides a further refinement of process and strategy for existing water utilities to provide quality,
responsive service in a manner that supports the Growth Management Act and the County's Comprehensive Plan.
The completion of this document represents a significant effort by the WUCC members. However,
implementation of the actions and recommendations in the CWSP will only be successfully achieved through a
joint effort by the purveyors and the County. We look forward to the County's continued and increased support in
order to provide the highest quality of water and service to utilize throughout Whatcom County.
In accordance with RCW 10.1 i6.050(4)(a) and RCW 70.116.050(7), the County Council is responsible for
conducting a public hearing and reviewing the CWSP for consistency with current land use plans, .shoreline
master programs, and /or other developmental policies. Once this review process is completed, pursuant to the
above regulations, it is to be transmitted by the Council to the State Department of Health for approval.
Sincerely,
V &
Terry Klimpel, WUCC Chair
Public Works Operations Supervisor
City of Lynden
Enclosure