HomeMy WebLinkAboutNatural Resources July 21 20091 WHATCOM COUNTY COUNCIL
2 Natural Resources Committee
3
4 3uly 21, 2009
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6 Committee Chair Carl Weimer called the meeting to order at 9:37 a.m. in the Council
7 Chambers, 311 Grand Avenue, Bellingham, Washington.
8
9 Present: Absent:
10 Seth Fleetwood None
11 Bob Kelly
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13 Also Present:
14 Barbara Brenner
15 Sam Crawford
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18 COMMITTEE DISCUSSION:
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20 1. DISCUSSION REGARDING THE ORDINANCE AMENDING WHATCOM COUNTY
21 CODE TITLE 20, ON AN INTERIM BASIS, TO MODIFY THE DATES OF
22 SEASONAL RESTRICTIONS ON CLEARING ACTIVITIES FROM SEPTEMBER 1
23 THROUGH APRIL 30 TO OCTOBER 1 THROUGH MAY 31, AND IMPOSING A
24 DEADLINE ON THE ISSUANCE OF DEVELOPMENT PERMITS TO TWO WEEKS
25 PRIOR TO THE SEASONAL CLOSURE DATE IN THE WATER RESOURCE
26 SPECIAL MANAGEMENT AREAS (AB2009 -314)
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28 Cathy Craver, Planning and Development Services Department, gave a staff report
29 and described the ordinance. The City of Bellingham has also changed its Silver Beach
30 Ordinance to have the same dates.
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32 Discussion included whether they can do an emergency closure if the month of
33 September turns out to be extremely wet and how they decided on the threshold of 500
34 square feet.
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36 Fleetwood moved to recommend approval to the full Council.
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38 Motion carried 3 -0.
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41 COMMITTEE DISCUSSION AND RECOMMENDATIONS
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43 1. RESOLUTION ESTABLISHING POLICIES REGARDING DETECTION AND
44 ASSESSMENT OF ILLEGAL AND ILLICIT DISCHARGE OF HAZARDOUS
45 MATERIALS AND NON- STORMWATER RUN OFF TO THE COUNTY'S
46 MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) AND ENFORCEMENT
47 OF PROHIBITIONS AGAINST SUCH DISCHARGES IN DESIGNATED NPDES
48 PHASE II AREAS (THIS ITEM IS RELATED TO THE ORDINANCE FOR WHICH A
49 PUBLIC HEARING IS BEING HELD THIS EVENING) (AB2009 -320A)
50
51 Chip Anderson, Public Works Department, gave a staff report and submitted
52 revisions (on file) to Exhibit A of the ordinance prohibiting, on an interim basis, the
Natural Resources Committee, 7/21/2009, Page 1
1 illegal and illicit discharge of hazardous materials and non - stormwater run -off to
2 the county's municipal separate storm sewer system (MS4) (AB2009 -320).
3
4 Discussion included the current laws on the books; outreach to organizations and
5 agencies; including all surface water and ground water in the county; applying this to
6 permitted activities; national pollution discharge elimination system (NPDES) permit
7 requirements to create and have this program; how they decide which activities will be
8 enforced; enforcing this regulation too extremely on very minor actions or naturally
9 occurring materials; making enforcement choices based on intent; focusing on education
10 over enforcement, and; enforcement staff dedicated to this item.
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12 Fleetwood moved to recommend approval to the full Council.
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14 Kelly stated he hesitates passing a rule that can't be enforced at this time. Have
15 staff dedicated to doing this.
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17 Weimer moved to amend to add language to the resolution, "Be It Further
18 Resolved that the County Council request the County Executive ensure all enforcement
19 positions existing and budgeted for within PDS are filled, and report the status of those
20 positions to the County Council every month until positions are filled."
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22 Fleetwood accepted the motion as a friendly amendment.
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24 Brenner stated add a statement to further clarify thresholds. She's nervous about
25 the language being too broad. Emphasize education over the threat of enforcement.
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27 Crawford stated citizens will think that this can be applied too broadly, for minor
28 issues.
29
30 The following people spoke:
31 Steve Hood, Department of Ecology, stated the Clean Water Act says that
32 everything but stormwater is prohibited from going into the storm drains.
33 The Environmental Protection Agency (EPA) designated a list of certain things
34 that may go into the storm drain, unless the local jurisdiction objects. The
35 County ordinance is required to address that list. The underlying requirement
36 is effectively delineating stormwater charges. Washington State law doesn't
37 allow any exceptions for discharges. He recommends including the entire
38 Lake Whatcom watershed.
39 Christine McGinnis, Department of Ecology, described the audit process and
40 answered questions.
41 Kirk Christensen, Public Works Department, stated the proposed ordinance is
42 interim.
43
44 Discussion included whether the State Department of Ecology (DOE) can help the
45 County become compliant with the permit by providing enforcement; how the State will
46 monitor the County for compliance with these permit requirements; programs in other
47 counties; a competitive grant process and other financial assistance for permit compliance
48 from the Washington State Department of Ecology (DOE); extending the elements of this
49 program and amending the resolution to include the entire Lake Whatcom watershed; the
50 required five minimum measures; the NPDES permit area and total maximum daily load
51 (TMDL) study areas, and; when the permanent ordinance will come forward.
52
Natural Resources Committee, 7/21/2009, Page 2
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Weimer suggested a friendly amendment to the resolution to add language to
the last Whereas statement, "...designated NPDES Phase II areas and the entire Lake
Whatcom watershed'."
Fleetwood accepted the friendly amendment.
McGinnis stated there are concerns with the ordinance. An overall concern is about
the resolution and the ordinance not being tied together at all. They're two very separate
documents. Also, section two of the resolution includes a statement about assessment
procedures including detailed instructions for evaluating whether discharge must be
immediately contained and steps to be taken for the containment of discharge. That
describes entirely new directions for staff, and the resolution should indicate which County
department will follow up on an immediate threat of a discharge. Consider these issues
further. Also, both the ordinance and resolution that went out for State Environmental
Policy Act (SEPA) review included the entire Whatcom County area. Comments received
from the Prosecutor Dan Gibson changed that area to just the NPDES phase two areas. The
ordinance doesn't reference the resolution, even though the resolution references the
ordinance.
Motion to recommend approving
amendments carried 3 -0.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 10:57 a.m.
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Jill Nixon, Minutes Transcription
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Committee Chair
Natural Resources Committee, 7/21/2009, Page 3
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