HomeMy WebLinkAboutNatural Resources August 4 20091
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WHATCOM COUNTY COUNCIL
Natural Resources Committee
August 4, 2009
CALL TO ORDER
Committee Chair Carl Weimer called the meeting to order at 9:36 a.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ATTENDANCE
Present: Carl Weimer, Seth Fleetwood and Bob Kelly.
Absent: None.
Also Present: Barbara Brenner.
COMMITTEE DISCUSSION
1. ORDINANCE PROHIBITING, ON AN INTERIM BASIS, THE ILLEGAL AND
ILLICIT DISCHARGE OF HAZARDOUS MATERIALS AND NON - STORMWATER
RUN -OFF TO THE COUNTY'S MUNICIPAL SEPARATE STORM SEWER SYSTEM
(MS4) (AB2009 -3208)
Jon Hutchings, Public Works Department, gave a staff report, referenced his memo
to the Council dated August 3, 2009 regarding the expansion of this ordinance, and stated
roll out an ordinance that applies watershed -wide with other ordinances that will come
forward to address the total maximum daily load (TMDL) and national pollution discharge
elimination system (NPDES). Don't adopt this right now. They are reviewing everything
through the Lake Whatcom Management Program five -year plan.
Brenner asked for a chart of all the requirements to see where they overlap.
Hutchings summarized the different regulation requirements.
The following people spoke:
• Kirk Christensen, Public Works Department, answered questions on
enforcement costs.
• Chip Anderson, Public Works Department, answered questions on similar
regulations in other ordinances.
• Steve Hood, Washington State Department of Ecology, discussed application
of the regulation watershed -wide and forest practice rules.
• David Stalheim, Planning and Development Services Department Director,
stated he just found out about this two weeks ago, and he is responsible for
implementation. The ordinance as written is too vague to enforcement.
There are no standards. Develop sideboards that are clear requirements for
the community and staff to implement. Funding enforcement is also an issue.
Instead of adopting this ordinance now, he recommends developing a
permanent ordinance with better enforcement standards. It won't take long
to do that. Also, these are not land use controls, so the ordinance won't have
to go through the Planning Commission.
Natural Resources Committee, 8/4/2009, Page 1
1 Discussion included whether adoption of the ordinance now would be an
2 announcement that the County doesn't tolerate pollution of Lake Whatcom; having the
3 ability to enforcement as the new laws are adopted; making the policy decision to do what's
4 right for the drinking water source, despite budget issues; the amount budgeted for 2009 in
5 the Flood Control Zone District for this; today's mandate for the NPDES area, not the entire
6 watershed; continuing this discussion after the budget update; when a permanent ordinance
7 that includes Lake Whatcom would come forward; how agriculture and forestland would fit
8 into these regulations; the administration not filling enforcement positions; whether this is
9 the only ordinance that broadly states the County does not allow illicit discharge; the litter
10 control ordinance; setting policy and letting the administration figure out how to implement
11 the policy; the TMDL timeline; extending the program voluntarily or by requirement; the
12 permit requirement process, and; different assumptions and rules for rural zoning than for
13 urban zoning.
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15 Fleetwood moved to recommend introducing this Lake Whatcom watershed
16 ordinance as soon as possible with rewrites, the first meeting in September.
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18 Ayes: Weimer, Fleetwood and Kelly (3)
19 Nays: None (0)
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22 COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
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24 1. RESOLUTION ADOPTING A BUDGET AND WORK PLAN FOR THE BIRCH BAY
25 WATERSHED AND AQUATIC RESOURCES MANAGEMENT DISTRICT FOR THE
26 REMAINDER OF 2009 (AB2009 -315)
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28 Kraig Olason, Public Works Department, gave a staff report and submitted a
29 substitute for Council packet page ten (on file).
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31 The following people spoke:
32 Peggy Leviton, Public Works Department, answered questions about salary
33 and the benefit rate of the planner position.
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35 Discussion included the money in a dedicated funding staying with Birch Bay
36 Watershed and Aquatic Resources Management (BBWARM) District if it's not spent, and;
37 how expenses are billed to the BBWARM account.
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39 (Clerk's Note: The Committee took a six - minute break at 10 :45 a.m.)
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41 Weimer moved to recommend approving with the substitute page to the Whatcom
42 County Flood Control Zone District Board of Supervisors.
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44 Ayes: Weimer and Kelly (2)
45 Nays: None (0)
46 Absent: Fleetwood (1)
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49 OTHER BUSINESS
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51 There was no other business.
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Natural Resources Committee, 8/4/2009, Page 2
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ADJOURN
The meeting adjourned at 10:52 a.m.
Jill Nixon, Minutes Transcription
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WHATCOM COUNTY, WASHINGTON
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Natural Resources Committee, 8/4/2009, Page 3
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