HomeMy WebLinkAboutres1991-050t
WHA1TCOM COUNTY COUNCIL AGENDA BILL
NO. 91 -127
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda Date
Assigned To:
Originator- Hansey
3/26/91
Water Resources
;'Division Head-
4/9/91
Water Resources
Department Head-
4/23/91
Water Resources
Prosecutor Review -
Purchasing /BudgetDir.-
6 /11j91
Water Res /Council
Executive_
Review of Health Department policy and procedure regarding water availability for building permits
ATTACHED OR ON FILE:
(HB)
- Policy and procedure cited above
-Draft regulations /memo from Executive dtd 5/7/91
*1r(p 4, Coiu,a c /-j4ea� bep ; 3%, -C-c.)
Public Hearing Needed? Yes / /No /i2L1
SUMMARY STATEMENT. -
Discussion item only, at Water Resources Committee Chairman Don Hansey's request.
ORIGINATOR'S RECOMMENDED ACTION.
COMMITTEE ACTION (including dates):
4/9/91: Motion carried as follows: The Executive was asked "...to bring forward an interim regulation to
implement Section 63 (as applies to "adequate potable water supply ") of House Bill 2929 to the Health
Board for public health implementations to include some clarity on the appeal process, within two weeks."
4/23/91: Administration was unable to respond within the two -week period; postponed. 99 -100
5/14/91:
COUNCIL ACTION (including dates):
6/11/91: Failed (Laidlaw, Vanderpol, Imhof, Warner againist)
7/9/91: Council approved with amendments
Related File Numbers: Ordinance or Resolution Number: RES91 -050
SPONSORED BY:Consent
PROPOSED BY: Hansen
INTRODUCTION DATE:June 4, 1991
1 RESOLUTION NO. 91 -050
2 RESOLUTION TO ESTABLISH A PROCEDURE TO BE USED UNTIL, SUCH TIME
3 AS WHATCOM COUNTY HAS A PERMANENT REGULATION IMPLEMENTING
4 SECTION 63 OF THE GROWTH MANAGEMENT ACT, H.B. 2929
5 WHEREAS, there is a need to provide assistance to the General Public in processing
6 of building permits; and
7 WHEREAS, the state adopted the Growth Management Act that requires evidence
8 of an adequate supply of potable water before a building permit can be issued; and
.9 WHEREAS, development of permanent regulations by the Health Department with
10 adoption by the Health Board will take three to five months; and
11 WHEREAS, some property owners are unable to obtain building permits to begin
12 construction during the summer while the permanent rules are being developed; and
13 WHEREAS, there is an urgent need to establish a temporary policy on the issuance
of building permits until a permanent regulation is adopted regarding potable water.
15 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the
16 attached procedures be adopted on an interim basis to be used until such time as permanent
17 regulations are adopted by the Whatcom County Health Board implementing Section 63 of
18 H.B. 2929.
19 APPROVED this 9th day of July , 1991
20 WHATCOM COUNTY COUNCIL
21 ATTEST: WHATCOM COUNTY, WASHINGTON
C
22
23 Ramona. Reeves, Council Clerk Daniel M. Warner, Chairman
24 APPROVED AS TO FORM:
25
Civil Deputy Pros. Atty.
Whatcom County
INTERIM POLICY AND PROCEDURES
GOVERNING WATER AVAILABILITY
FOR BUILDING PERMITS
July 8, 1991
INTERIM POLICYAND PROCEDURES
GOVERNING WATER AVAILABILITY
FOR BUILDING PERMITS
BACKGROUND
In 1990 the State Legislature adopted the Growth Management Act with the passage of
Substitute House Bill 2929. Amendments to the Act were adopted in 1991 through BB 1025.
Section 63 of the legislation, including the amendments, states that local jurisdictions shall
require that:
"Each applicant for a building permit of a building necessitating potable water shall provide
evidence of an adequate water supply for the intended use of the building.... In addition to
other authorities, the county or city may impose conditions on building permits requiring
connection to an existing public water system where the existing system is willing and able
to provide safe and reliable potable water to the applicant with reasonable economy and
efficiency. ".
Although guidelines were developed by the state to assist in the interpretation and
implementation of Section 63, the guidelines have proven to be inadequate and inconsistent
in a number of areas. The state, along with representatives from a variety of impacted
groups, is currently beginning the process of reviewing and rewriting the guidelines. In
addition, a determination will be made regarding whether the guidelines should remain
guidelines or become rules.
In July 1990, Whatcom County established an interim policy which has been used to
determine compliance .with Section 63. Included in the interim policy were restrictions on
the use of contaminated water (which includes surface water), for private water systems. The
purpose of this document is to modify the current interim policy in several areas. Key to the
modifications are provisions for the use of contaminated water for private water systems.
The policies and procedures established in this document will be used to determine
compliance with Section 63 until state involvement and guidance on this section becomes
clear. At that time a final ordinance will be developed and adopted by Whatcom County.
APPLICABILITY
These policies and procedures apply to all applicants for a building permit except:
buildings which do not require potable water,
residential remodeling which does not add additional bedrooms or result in an
increase in floor space of more than 50%
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buildings which will replace another building which has been demolished or removed;
evidence of existence of previous building must be submitted to Health Officer for
approval
applications for building permits which were received by the Building and Codes
Department prior to July 1, 1990
DOCUMENTATION
Two copies of all the paperwork requested must be submitted to the Health Department.
WATER RIGHTS
Public and private water systems will be required to comply with Department of Ecology
(DOE) water right requirements. Compliance will include, at a minimum, possession of a
water right permit or certificate for all surface water sources, and all groundwater sources
using more than 5,000 gallons per day or irrigating more than 1/2 acre of lawn or
noncommercial garden.
Those systems requiring water rights must have a Water Right permit prior to obtaining
Health Department approval. An application for a water right permit will not be sufficient.
Additional considerations which may apply include:
the DOE has restricted and /or conditioned availability of in many areas of the
county (i.e. Lake Samish, Lake Whatcom, and as specified in Chapter 173 -501 WAC).
Compliance with these restrictions /conditions will be required.
Future actions and determinations by the DOE may result in additional changes
and requirements related to the issuance of water right permits. Included are
decisions in such areas as hydraulic continuity. Compliance with any future changes
will be required.
REQUIREMENTS FOR APPROVAL OF BUILDING PERMIT APPLICATIONS
PROPOSING TO USE AN EXISTING PUBLIC WATER SYSTEM
If the proposed source of water is an existing public water system the following requirements
must be met:
1. The applicant must provide a Water Availability Form signed by an authorized
representative of the water system indicating that the system is willing and able to
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serve the proposed building. This form must contain a signed statement that the
authorized representative has reviewed the system records and ensures that the water
system is compliance with WAC 246 -290 and local Health Department requirements.
2. Compliance with appropriate local and state regulations. A determination of
compliance will be based on:
possession of a water right permit or certificate as specified in the section on
Water Rights.
Health Department review of the state Substantial non - compliance list,
Department of Health recommendations, local records, and any other
information deemed pertinent, including, in the future,. possession of an
Operating Permit. In particular, Health Department approval will not be given
for systems which exceed the number of services for which the system was
approved by the local Health Department or the State Department of Health.
REQUIREMENTS FOR APPROVAL OF BUILDING PERMIT FOR APPLICATIONS
PROPOSING TO USE A NEW PUBLIC WATER SYSTEM
If the proposed building necessitates the formation of a new public water system, the system
must be in compliance with all appropriate local and state regulations.
REQUIREMENTS FOR APPROVAL OF BUILDING PERMIT APPLICATIONS
PROPOSING TO USE A PRIVATE WATER SYSTEM
If the building permit application indicates that the proposed water source will not be a
public water system, the following requirements shall be met.
ALTERNATIVE SOURCE EVALUATION
The intent of this policy is to assist in selecting the best water source available for a
building. The use of private water systems will generally be considered less acceptable than
obtaining water from a public water system. An evaluation of public water system availability
shall be made prior to consideration of the use of a private system. A determination of
availability will be made by the Health Department. To assist in the determination process,
the applicant will be required to provide a letter of "Refusal to Provide Service" indicating
that the existing system is unwilling or unable to provide safe and potable water to the
applicant. The letter will be required from any public water system:
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whose transmission line is adjacent to the property line,
whose boundary, as identified in the Coordinated Water System Plan when adopted,
includes the area of the proposed building site,
identified by the Health Officer.
If a public water system is available, the applicant will be required to connect to the system
if surface water or contaminated groundwater or spring water are the only other alternatives.
If uncontaminated groundwater or spring water is preferred by the applicant, the applicant
may not be required to connect to the public water system.
In the event that a public water system is unavailable or-the applicant chooses not to
connect to the system (as allowed above), the private water systems must be designed in a
manner which would allow it to connect to a public system should it become available or
desired in the future. In addition, property owners intending to use surface water or
contaminated groundwater must sign a "No Protest" agreement in relation to the installation
of a public water system. The agreement will state that the applicant will:
connect to a public water system when or if it becomes available, and
not protest to the formation and installation of a public water system which would
service their area.
SPECIFIC REQUIREMENTS BASED ON PROPOSED SOURCE
Additional requirements for private water systems which must be met for Health
Department Approval of building permit applications depend on the proposed source. The
specific requirements for each source are detailed in the sections which follow.
A.. Groundwater
If the proposed source is groundwater, the following requirements must be met:
1. Construction and Location Requirements:
a. A plot plan showing the well location, distances from the well to property
lines, public roads, proposed and existing buildings, and potential sources of
contamination within a 100 foot radius of the well. Potential contamination
sources include, but are not limited to: drainfields, underground fuel tanks,
pesticide and herbicide storage and application areas, surface water such as
lakes and streams, and active or abandoned illegal dump sites.
b. If the well was constructed after 10/01/90, restrictive covenants must be
obtained from any persons whose property is within a 100 foot radius of the
well (the sanitary control area (SCA)). If the well log report shows at least a
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6 foot thick poorly permeable layer, then covenants are required only within
a 50 foot radius of the well. Copies of the covenant must be attached after
recording them with the County Auditor.
C. If the well was constructed after 5/30/73, a DOE Water Well Report form
must be submitted to the Health Department as evidence of compliance with
Chapter 173 -160 WAC.
If no DOE Water Well Report form can be obtained or the well was
constructed prior to 5/30/73 and the well is a drilled well, then the owner or
driller must complete a DOE Water Well Report to the best of their ability.
If no DOE Water Well Report form can be obtained or the well was
constructed prior to 5/30/73, and the well is driven, jetted, or dug (as defined
in WAC 173 -160), a licensed well driller must inspect and certify, by
completing the DOE Water Well Report form, that the well is in compliance
with 170 -163 WAC.
2. Water Rights:
Compliance with water right requirements. Typically, groundwater withdrawals of less
than 5,000 gallons- per -day or less than 1/2 irrigation do not require a water right.
There are some areas and situations where this may not be the case. Refer to the
section on Water Rights to determine requirements for compliance.
3. Water Quantity Requirements:
A water yield test must be conducted for a minimum of one hour, using a bailer, air
lift, or pump. If the yield is less than 7 gallons per minute, additional testing will be
required. The test duration will be the length of time necessary to show a yield of
400 gallons per day for each single family residence.
Plans for a storage tank must be submitted to Health Department for approval if the
source cannot provide for peak household flows.
4. Water Quality Requirements:
The following test results must be obtained and submitted to the Health Department
for approval. All testing must be conducted by a Washington State Department of
Health certified laboratory.
a. Bacteriological: A water sample must be taken and analyzed for total
coliform bacteria within six months of the application date. If the well was
disinfected, residual chlorine should not be detectable in the water at the time
of collection. Satisfactory results require that no coliform bacteria be present.
b. Inorganic Chemical: A water sample must be taken within three years of the
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application date and analyzed for arsenic, barium, cadmium, chromium, lead,
mercury, selenium, silver, fluoride, and nitrate. Samples must be collected
prior to any treatment device. Satisfactory results require compliance with the
MCI-s specified in WAC 246 -290.
C. Other Contaminants: The Health Department recommends that samples be
collected and analyzed for iron, manganese, sodium, chloride, sulfate, copper,
and zinc. These contaminants may cause corrosion, staining of fixtures,
and /or clogging of water pipes. In addition, some may be of significance to
individuals with known medical problems.
d. The Health Officer may require additional sampling and analysis for
contaminants deemed significant based on local trends in water quality and
the vulnerability of the source to known or suspected water quality problems.
Satisfactory results require compliance with the MCI-s specified in WAC 246-
290, or if not specified in State regulations, EPA Primary Drinking Water
Requirements (40 CFR Parts 141 and 142).
5. Unsatisfactory Water Quality Results:
If water quality results for any contaminants are unsatisfactory, refer to the following:
a. Bacteriological:
If total coliform results are unsatisfactory, contact the Whatcom County
Health Department for further direction.
b. Nitrate:
If the concentration of nitrate exceeds the MCI., an additional sample shall
be collected and analyzed. The Health Department will average the results
of the two tests to determine if the MCL has been exceeded.
C. Inorganic Chemical:
If any other inorganic contaminant exceeds specified MCI-s, an additional
three samples shall be collected and analyzed. Only those contaminants which
exceed the MCL will be required for analysis. The Health Department will
average the results of all four tests to determine if the MCL has been
exceeded.
d. Other Contaminants:
If MCI-s are exceeded for other contaminants, contact the Health Department
for direction.
If, after additional testing or recommended actions, unsatisfactory results still
occur, refer to the section specifying Treatment Requirements for
Contaminated Water Supplies.
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6. Shared Two Party System:
Water sources shared by two residences must also submit a source use agreement
that has been recorded with the county auditor. The agreement must address
easements for pipe, access to the well, provisions regarding equipment maintenance
and power cost, allowed uses of the water, and division of the water should shortages
occur.
7. Other:
Additional information and /or actions, as deemed necessary by the Health Officer,
may be required.
B. Spring:
If the proposed source is a spring, the following requirements must be met:
1. Construction and Location Requirements:
a. A plot plan showing the spring location, distances from the well to property
lines, public roads, proposed and existing buildings, and potential sources of
contamination within a 200 foot radius of the spring.
b. A sanitary control area is required for all springs. The sanitary control area
is that area within a 200 foot radius of the spring.
C. If the spring was constructed after the date of adoption of this policy,
restrictive covenants must be obtained from any persons whose property is
within the sanitary control area. The covenant must be signed, recorded with
the County auditor.
d. Complete drawings of sanitary spring collection facilities and water storage or
settling tanks must be submitted to the Health Department for approval.
2. Water Rights, Water Quantity Requirements, Water Quality Requirements,
Unsatisfactory Water Quality Results, Shared Two Party System, Other:
Same as requirements specified for groundwater sources as detailed previously.
C. Surface:
If the proposed source is surface water, the following requirements must be met:
1. Evaluation of Alternative Sources:
The use of surface water for private water systems will be considered only if
no suitable alternative is available. Preferred sources include uncontaminated
groundwater and springs. Evidence must be provided to the Health
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Department indicating that no such alternative sources are available.
2. Water Right:
Compliance with Department of Ecology water right requirements. Typically,
a water right permit is required for all surface water withdrawals. In addition,
other restrictions and conditions may apply. Refer to the section on Water
Rights for details.
IMPORTANT:
It is the specific intent of this policy to place the obligation of complying with the
requirements specified under 3., Treatment System Design and Operation and 4.,
Maintenance, Operation, and Monitoring, upon the owner or operator of the water
system. No provision and no term used in these sections of the policy is intended to
impose any duty whatsoever upon the Health Department. The Department will
simply act to receive the documents and information requested in these sections.
3. Treatment System Design and Installation:
Treatment system design and installation must be done by a qualified
individual or organization. The individual or organization must sign an
affidavit, to be filed with the Health Department, indicating the design and
installation is in compliance with requirements specified in this section
(Treatment System Design and Installation). Included in the ` category of
qualified individuals and organizations, are professional engineers with
experience in the design and installation of drinking water treatment systems.
a. Finished water quality from a proposed source of supply shall conform
to the minimum quality standards established in WAC 246 - 290 -310, or,
if not specified in State regulations, EPA Primary Drinking Water
Requirements (40 CFR Parts 141 and 142).
b. All equipment or processes used by the treatment system must be
certified by the most recent National Sanitation Foundation (NSF)
Listings: Drinking Water Treatment Units and Related Products,
Components and Materials, and must meet or exceed maximum
contaminant level criteria. Where NSF certified equipment or
processes are not available to address contamination problems for a
particular water supply, acceptable alternates designed by a licensed
engineer may be approved by the Health Department.
C. The system must be sufficient to treat water to the entire household,
assuring at least 400 gallons per day of safe, potable water per
residence. Plans for a storage tank must be included in the design
submitted to Health Department if the source cannot provide for peak
household flows.
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d. A predesign study shall be required with the goal of establishing the
most acceptable method to produce satisfactory finished water quality.
Included in the predesign study will be a review of the activities
occurring in the watershed, sample collection and analysis by a DOH
certified laboratory as appropriate to adequately characterize water
quality, and any reports or other information determined to be
necessary to identify the actual and potential sources of contamination.
Results of the water quality testing and any other relevant predesign
studies shall be submitted to the Health Department along with a list
of the contaminants for which the system is being designed to treat.
e. Minimum treatment requirements will include disinfection and
filtration. Additional treatment will be required as necessary to ensure
compliance with standards specified in 'a.' above. A detailed drawing
of the water system must be submitted to the Health Department.
L Good engineering practices shall be used in the design and installation
of all water systems, as specified in WAC 246 -290.
4. Maintenance, Operation, and Monitoring
An operation, maintenance, and monitoring plan, which specifies what must
be done to ensure that the treated water will meet the quality standards for
which the system was designed, must be prepared and provided to the Health
Department.
At a minimum, the Plan must provide for the monitoring of the operation of
the water Treatment equipment, as well as for servicing (including disinfecting)
and for repairing and replacing the system as frequently as necessary, taking
into consideration the system's design, anticipated use, and the type and level
of contaminants present. On -going monitoring, at a minimum consistent with
the requirements for public water systems as specified in WAC 246 -290, must
also be included in the Plan.
Provisions (which may include a contract), for the on -going servicing, repair
and replacement of the water treatment system as described in the Plan, must
be provided by the owner or operator of the system and included in the Plan.
An affidavit, signed by the owner or operator of the system, must be
submitted to the Health Department stating that they will carry out the Plan
as described and disclose all provisions of the Plan to subsequent occupants
or purchasers.
5. Monitoring Requirements:
The following tests must be completed with satisfactory results obtained and
reported to the Health Department prior to occupancy of the building. All
ME
testing must be conducted by a Washington State Department of Health
certified laboratory.
a. Bacteriological: A sample must be taken following treatment and
analyzed for total coliforms. Satisfactory results require that no
coliform bacteria be present.
b. Inorganic Chemical and Physical: A sample must be taken following
treatment and analyzed for arsenic, barium, cadmium, chromium,
fluoride, lead, mercury, nitrate (as N), selenium, silver, and turbidity.
Satisfactory results require compliance with the MCLs specified in
WAC 246 -290.
C. Other: Additional sample(s) must be collected and analyzed for any
other contaminants that were identified as requiring treatment in the
predesign study. Satisfactory results require compliance with the MCLs
specified in WAC 246 -290, or if not specified in State regulations, EPA
Primary Drinking Water Requirements (40 CFR Parts 141 and 142).
6. Additional requirements may be specified by the Health Officer.
D. Source Other than Groundwater, Spring or Surface Water: If the proposed source
is other than groundwater, a spring, or surface water, Health Department
approval of the Water Availability Form will not be granted.
E. Treatment Requirements for Private Water Systems Proposing to Use Groundwater
or Spring Water that are Determined to be Contaminated .
For groundwater or springs which are determined to be contaminated, the following
requirements must be met prior to Health Department approval of the Building
Permit application.
IMPORTANT:
It is the specific intent of this policy to place the obligation of complying with the
requirements specified under 1., Treatment System Design and Operation and 2.,
Maintenance, Operation, and Monitoring, upon the owner or operator of the water
system. No provision and no term used in these sections of the policy is intended to
impose any duty whatsoever upon the Health Department. The Department will
simply act to receive the documents and information requested in these sections.
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1. Treatment System Design and Installation:
Treatment system design and installation must be done by a qualified
individual or organization. The individual or organization must sign an
affidavit, to be filed with the Health Department, indicating the design and
installation is in compliance with requirements specified in this section
(Treatment System Design and Installation). Included in the category of
qualified individuals and organizations, are professional engineers with
experience in the design and installation of drinking water treatment systems.
a. Finished water quality from a proposed source of supply shall conform
to the minimum quality standards established in WAC 246- 290 -310, or,
if not specified in State regulations, EPA Primary Drinking Water
Requirements (40 CFR Parts 141 and 142).
b. All equipment or processes used by the treatment system must be
certified by the most recent National Sanitation Foundation (NSF)
Listings: Drinking Water Treatment Units and Related Products,
Components and Materials, and must meet or exceed maximum
contaminant level criteria. Where NSF certified equipment or
processes are not available to address contamination problems for a
particular water supply, acceptable alternates designed by a licensed
engineer may be approved by the Health Department.
C. The system must be sufficient to assure that 400 gallons per day of
safe, potable water is available per residence.
Plans for a storage tank must be included in the design submitted to
the Health Department if the source cannot provide for peak
household flows.
d. Although contaminant(s) for which the system must be designed have
been identified through previous testing, additional predesign studies
may be necessary to further characterize variability of pollutants. The
goal of the studies will be to establish the most acceptable method to
produce satisfactory finished water quality.
Results of the water quality testing and any other relevant predesign
studies shall be submitted to the Health Department along with a list
of the contaminant(s) for which the system is being designed to treat.
e. A detailed drawing of the water system must be submitted to the
Health Department.
f. Good engineering practices shall be used in the design and installation
. of all water systems, as specified in WAC 246 -290.
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2. Maintenance, Operation, and Monitoring
An operation, maintenance, and monitoring plan, which specifies what must
be done to ensure that the treated water will meet the quality standards for
which the system was designed, must be prepared and provided to the Health
Department.
At a minimum, the Plan must provide for the monitoring of the operation of
the water treatment equipment, as well as for servicing (including disinfecting)
and for repairing and replacing the system as frequently as necessary, taking
into consideration the system's design, anticipated use, and the type and level
of contaminants present. On -going monitoring, at a minimum consistent with
the requirements for public water systems as specified in WAC 246 -290, must
also be included in the Plan.
Provisions (which may include a contract), for the on -going servicing, repair
and replacement of the water treatment system as described in the Plan, must
be provided by the owner or operator of the system and included in the Plan.
An affidavit, signed by the owner or operator of the system, must be
submitted to the Health Department stating that they will carry out the Plan
as described and disclose all provisions of the Plan to subsequent occupants
or purchasers.
3. Monitoring Requirements:
The following tests must be completed with satisfactory results obtained and
reported to the Health Department prior to occupancy of the building. All
testing must be conducted by a Washington State Department of Health
certified laboratory.
a. Bacteriological: A sample must be taken following treatment and
analyzed for total coliforms. Satisfactory results require that no
coliform bacteria be present.
b. Inorganic Chemical and Ph, ss: A sample must be taken following
treatment and analyzed for arsenic, barium, cadmium, chromium,
fluoride, lead, mercury, nitrate (as N), selenium, silver, and turbidity.
Satisfactory results require compliance with the MCLs specified in
WAC 246 -290.
C. Other: Additional sample(s) must be collected and analyzed for any
other contaminants that were identified as requiring treatment.
Satisfactory results require compliance with the MCLs specified in
WAC 246 -290, or if not specified in State regulations, EPA Primary
Drinking Water Requirements (40 CFR Parts 141 and 142).
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4. Additional requirements may be specified by the Health
Officer.
APPEALS PROCESS:
Denial of the building permit based on non - compliance with this policy; may be appealed
to the Hearing Examiner pursuant to Chapter 20.92 of the Whatcom County Code.
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DEFINITIONS
Words and phrases used in this ordinance shall be interpreted as defined below and, where
ambiguity exists, words or phrases shall be interpreted sos as to give this ordinance its most
reasonable application in carrying out its' regulatory purpose.
Adequate water supplies: An adequate water supply is one which meets the requirements
specified in this ordinance.
Authorized public water system representative: A person elected or appointed by the Board
of Directors /Commissioners or membership of the system who is authorized to complete
and sign Water Availability forms. If no Board or membership exists, then the legal owner
of the system or his /her designated agent is the authorized public water system
representative.
Groundwater: As defined in Chapter 90.44 RCW, all waters that exists beneath the land
surface or beneath the bed of any stream, lake or reservoir, or other body of surface water,
whatever may be the geological formation or structure in which such water stands or flows,
percolates or otherwise moves.
Health Officer: means the health officer or authorized representative of the Whatcom
County Health department.
Maximum Contaminant Level: means the maximum permissible level of a contaminant in
water which is delivered to any public or private water system, as specified in WAC 246 -290.
Plot plan: public roads, proposed or existing buildings
Potable: means water which is satisfactory for drinking, culinary and domestic purposes and
meets the requirements of the State of Washington and the Board of Health
Potential Contamination Sources: potential contamination sources include, but are not
limited to, septic tanks, drainfields, privies, underground storage tanks, pesticides and
herbicide storage and application areas, public roads, proposed or existing buildings, surface
water such as lakes and streams, and active or abandoned illegal dump sites.
Private water system: means a water system that is not a public water system.
Public water system - As defined in WAC 246- 290 -020: shall mean any system, excluding a
system serving one or two single family residence(s), providing piped water for human
consumption, including any:
collection, treatment, storage, or distribution facilities under control of the
purveyor and used primarily in connection with such system; and
- collection or pretreatment storage facilities not under control of the purveyor
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primarily used in connection with such system.
In Whatcom County the Health Officer has waived all requirements of the rules specified
in WAC 246 -290 for Group B water systems with two connections, as allowed under WAC
246 - 290 -030. Water systems with two connections will be governed by regulations specified
for private water systems.
RCW 18.104: Water Well Construction
Sanitary Control Area: an area delineated by radius in feet from the water source center
in which no source of contamination may be constructed, stored, disposed of, or applied
without the permission of the well/spring owner. The sanitary control area for sources must
be owned in fee simple, or where portions of the control area are in the possession and
control of another, the source owner must obtain a duly recorded restrictive covenant which
runs with the land, restricting the use of said land in accordance with this ordinance.
Spring: A place on the earth's surface where groundwater emerges to become surface water.
Substantial Non - compliance - A public water system listed by the State Department of
Health or the Whatcom County Health department as substantially out of compliance with
WAC 246 -290.
Surface Water: All water open to the atmosphere and subject to surface runoff (EPA CFR
40 Parts 141 and 142), including lakes, ponds, rivers, streams, inland waters, saltwaters, and
wetlands (DOE surface water quality standards).
WAC 173 - 160: Minimum Standards for Construction and Maintenance of Wells
WAC 173 -162: Rules and Regulations Governing the Regulation and Licensing of Well
Contractors and Operators
WAC 173 - 541: Instream Resources Protection Program -- Nooksack Water Resource
Inventory Area (WRIA) 1
WAC 246 -290: State Board of Health Drinking Water Regulations, Public Water Systems
Well: As defined in WAC 173 - 160 -030 (47): includes any excavation that is drilled, cored,
bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of an
excavation is for the location, diversion, artificial recharge, or withdrawal of groundwater.
Water Well Report: A record of the construction or alteration of a well which is completed
and filed with the Washington State Department of Ecology in accordance with WAC 173-
160 -050.
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