HomeMy WebLinkAboutBoard of Health February 28 2008WHATCOM COUNTY COUNCIL
Board of Health
February 28, 2008
Council Chair Carl Weimer called the meeting to order at 12:30 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Barbara Brenner Laurie Caskey- Schreiber
Bob Kelly L. Ward Nelson
Sam Crawford
Seth Fleetwood
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 24.05, ON -SITE SEWAGE
SYSTEM REGULATIONS (A82008 -071)
Regina Delahunt, Health Department Director, stated she thanks the councilmembers
for agreeing to meet so soon after the Council meeting earlier this week.
The main issue on which the staff needs clear direction from the Council is
homeowner inspection. Staff has a proposal to provide homeowners more relief if
homeowner inspection is going to be allowed in the County. Also, it won't compromise
public health or natural resources.
Crawford stated he understands that all counties under this regulation do have to
apply this countywide; and that the shoreline, sensitive area, and marine resource area
designations are a method by which inspection prioritization occurs. Delahunt stated that is
correct. There has been a lot of confusion on that issue. Every system is required to be
inspected. Some people thought that inspection schedule applies only to sensitive or
marine areas. If they designate a marine resource area, that's the area where they must
start and inventory by 2012.
Crawford asked the difference between the Washington Administrative Code (WAC)
marine resource areas and the Whatcom County sensitive area. Delahunt stated the marine
resource area concept was put forth in another State legislation following the enactment of
these regulations. Marine resource area is a type of sensitive area. The law requires they
look at sensitive areas first. The legislature later came out with a bill that specified marine
resource areas. They have to have all the identification done by 2012 and specifically
relates to marine resource areas.
Crawford stated there is a State map of county- designated marine resource areas.
Whatcom County isn't on that map because it hasn't designated marine resource areas.
Delahunt stated Whatcom County is on that map because it has designated sensitive areas
as areas in the shoreline management program. They have also designated Drayton Harbor
as a marine resource area, according to the plan. They haven't yet adopted the plan. The
only difference that makes is that's where the County will start.
Crawford stated when adopted, Whatcom County's Drayton Harbor only will be
included on that map.
Board of Health, 2/28/2008, Page 1
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Weimer stated they want to deal with more than just the homeowner inspection
today.
John Wolpers, Health Department, submitted a handout with changes to the
proposed ordinance (on file).
Fleetwood asked if there are minimum mandates attached to the obligation to look at
sensitive areas. Delahunt stated the State Revised Code of Washington (RCW) lists several
different types of sensitive areas they must consider. In Whatcom County, the only
sensitive area would be the shoreline management areas, within 200 feet of surface water
bodies.
Brenner stated she was told that people with proprietary contracts have a special
inspection schedule. Through the contract with the proprietary company, people can be
allowed to do their own inspection. Reflect that in the ordinance.
Wolpers stated Whatcom County Code (WCC) subsection .160(A)(2) is regarding
proprietary devices. Other counties allow certain proprietary devices.
Brenner stated one of the other counties says the manufacturer is to do the
inspection, or the homeowner may be allowed to do inspection.
Delahunt stated there are two reasons why homeowners should not be allowed to
inspect their proprietary device. First, the State Department of Health approves a list of
proprietary devices. Jurisdictions don't know what the systems are made of because they
are proprietary, and therefore can't teach the homeowner how to maintain the systems.
The plans and specifications for those devices are not public knowledge. Second, many
proprietary devices have control panels and settings that are pretty technical. A
homeowner could look at some aspects of the device to make sure it's reasonably
functioning, but it's not reasonable for homeowners to be able to inspect the technical
settings without significant training.
Brenner stated she agrees in most cases. That's between the homeowner and
company. The company has a liability if it lets homeowners do something to the systems.
"rhe company won't let some unqualified homeowner do anything. Not a large portion of
people will want to do these things. However, compliance will be easier the more flexible
they allow the regulation. If compliance is forced and not incentive - based, the cost will rise
dramatically. They need to work with people on these things.
Wolpers read a statement from the Glendon system company regarding operations
and maintenance (O &M).
Brenner stated have language that allows the proprietary company to make that
decision.
Weimer asked if that means most people aren't having their Glendon systems
inspected, since there isn't any County inspection requirement at this point. Wolpers stated
there are two Glendon specialists in the county.
Delahunt stated some people have and others haven't quit inspecting their Glendon
systems.
Board of Health, 2/28/2008, Page 2
1 Fleetwood asked if the question today is to adopt the amended language in the
2 handout.
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4 Weimer stated this is a work session on what they want to pass at the next meeting.
5
6 Wolpers stated staff asked this to move forward because State dollars are ready to
7 be allocated. Consider the modified ordinance handed out and the plan.
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9 Delahunt stated today the Board can make recommendations and the ordinance will
10 go forward with a hearing.
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12 Fleetwood asked if the public has seen the amendments. Delahunt stated they
13 haven't. The major difference is the frequency of homeowner inspection.
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15 Brenner stated there is no change for the gravity system. Wolpers stated there is a
16 change.
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18 The latest new language is to sections .160(A)(13), .160(B), and .160(C) in the
19 handout. The biggest change is to section .160(C). The time is stretched out to every six
20 years. He referenced the handout of the onsite septic (OSS) Evaluation sample schedule.
21 For an example of the annual process, a specialist would inspect in 2008. In years 2009
22 through 2014, the homeowner could inspect. For the three -year process, the specialist
23 would inspect in 2008 and again in 2017. The homeowner would inspect every three years.
24
25 Crawford asked if the County currently has systems that already have a report on
26 system status by a licensed O &M specialist on file. This does not necessarily require that
27 everyone schedule a specialists now. If someone already has the report, they can launch
28 right into the homeowner inspection schedule. Wolpers stated that's correct.
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30 Crawford asked if they used the six -year frequency because it coordinates the one -
31 year and three -year inspection schedule. Wolpers stated the State will probably change the
32 one- and three -year frequency.
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34 Crawford stated the example schedule doesn't match with the proposed new
35 language.
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37 Brenner stated amend the language, "certified homeowners of all systems shall have
38 their systems inspected every nine years." That makes it more simple. Don't talk about
39 cycles instead of time - definite years. They are going to get inspections in many ways,
40 including through sales, surprise inspections, and those who refuse to maintain their
41 systems. Nine years is a nice round number.
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43 Crawford asked what the homeowner inspection must do to satisfy the County
44 requirements. The County is going to see a piece of paper. There is a $35 fee to submit
45 the paper. The County will see $35 plus the piece of paper. He asked what happens if
46 someone doesn't turn in their paper and $35. He asked if the Health Department will track
47 the people who don't turn in their paper and $35. Wolpers stated they will.
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49 Delahunt stated they have a database that automatically sends out notices and
50 keeps track of everything.
51
Board of Health, 2/28/2008, Page 3
Crawford asked at what point the average homeowner would receive information
from the County that they aren't reporting their O &M. Wolpers stated it depends on where
they live. They will work in sensitive areas first.
Delahunt stated they are working from Assessor's records and aerial photography.
The Department will slowly get a full inventory of all the systems in the county.
Weimer stated he doesn't know where the one- and three -year inspection schedule
came from. He couldn't find any science to support that interval. The Environmental
Protection Agency (EPA) references that schedule without any supporting rationale. He
asked if there is science that the special systems are three times more likely to fail than the
gravity systems. Councilmember Brenner is trying to make the schedules both the same, at
nine years. Delahunt stated the State regulations were developed by a technical review
committee. She's not familiar with how they came up with that schedule. Whatcom County
staff will look into how that decision was made.
Weimer stated they are talking about many different schedules, but the schedules
aren't based on anything. Delahunt stated the difference between the schedules is that one
is more complicated. She doesn't know if inspecting a system two years earlier will make a
difference.
Kelly stated he's in favor of making informed decisions based on science, but it boils
down to a policy decision about level of risk for contaminating groundwater, sensitive areas,
and Drayton Harbor. They will start in Drayton Harbor. Wolpers stated that after Drayton
Harbor, they will move south to Portage Bay, then east throughout the County.
Concurrently, an individual is to work specifically in the Lake Whatcom watershed.
Kelly asked if subsection .160 applies to the sensitive areas. Wolpers stated it does.
Delahunt stated it applies countywide. In the sensitive areas, homeowner inspection
is not allowed. The homeowner inspection schedule does not apply in sensitive areas.
Kelly asked the schedule for specialist inspections.
Crawford stated the schedule is the same, but specialists, not the homeowners, will
do the inspections.
Wolpers stated that when the initial evaluation is done in sensitive areas, the OSS
system itself must be in the sensitive area, not just a portion of the parcel that has an OSS
system.
Brenner asked how they came up with a fee of $35. Wolpers stated it was an
internal decision, presented to the OSS Subcommittee. They talked about different sources
of funding.
Delahunt stated the $35 is based on the amount of time they believe the staff will
spend on all the data entry and processing of the paperwork. It's a processing fee.
Brenner stated they can get to a point of submitting the paper automatically, and the
amount of processing will be reduced. Delahunt stated automation is great, but it doesn't
eliminate the need for the human factor. They would still need a database specialist, a
clerk, and staff review.
Board of Health, 2/28/2008, Page 4
Wolpers stated the information that comes in will be categorized as either
satisfactory, maintenance is needed, or the system has failed. If maintenance is needed,
staff would have to send out notification that maintenance is needed to make sure the
system lasts as long as possible.
Delahunt stated the $35 is in the Unified Fee Schedule currently.
Brenner stated the homeowners are the ones doing the work.
Weimer moved to approve the intent in subsection .160(C).
Brenner moved to amend .160(C), "...their own evaluation fe-
years. Every OSS homeowner must have a professional inspection at least once every nine
years. .... . If OSS owners...."
Crawford asked if the motion to amend agrees with Councilmember Weimer's
motion, but stretch out the annual process another three years.
Brenner stated her intent is to stretch it out another two years.
Crawford stated Health Department staff will question how Olympia arrived at the
frequency. He asked if staff sees a need for more inspection on the non - gravity systems.
He asked if staff has a rationale for its schedule. Delahunt stated the non - gravity systems
are more complicated, so shortening the inspection time is probably a good idea for more
complicated systems. She doesn't know if two years will make a lot of difference.
Crawford stated the gravity systems are older and more prone to failing due to age.
However, the ordinance says that it requires less inspection. Delahunt stated there is an
initial inspection by a licensed inspector, so they will find the old, failing systems initially.
Crawford stated level the playing field between the two systems.
Brenner stated make the schedule the same, at nine years.
(Clerk's Note: End of tape one, side A.)
Crawford stated he is in favor of the motion. Given the huge volume of information
they've received in the last two years and, at the same time, the limited amount of real
knowledge they have, leveling the fields between both systems makes sense.
Weimer stated he is against the motion because he is in favor of removing the
requirements for the shoreline management program. He's not comfortable with that if
they start stretching out the schedule to nine years. New systems are more complicated.
Many are required in the sensitive areas. If they are going to remove the requirement, they
should be inspected a little more frequently.
Delahunt asked if Councilmember Weimer intends to allow homeowner inspection
countywide.
Weimer stated he does.
Kelly stated he will vote against the motion. He needs to spend time evaluating the
risk to sensitive areas and the question of frequency. Nine years seems like a long time.
Board of Health, 2/28/2008, Page 5
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2 Brenner stated houses change ownership about every six or seven years. Most
3 homeowners won't want to go through the class and do their own inspections. They already
4 have many safeguards. There is no reason to keep the schedules separate. There will be a
5 professional inspection to begin with. Whatcom County has the most restrictive draft plan
6 of any of the 12 counties, by far. She was told that Whatcom County is in sync with the
7 other counties, but it isn't. King County lets owners of gravity systems do all their own
8 inspections.
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10 Weimer stated that's why they're working to make it easier. They must consider the
11 economic impact to people.
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13 Delahunt stated the original proposal to the County Council was relatively simple. It
14 allowed homeowners to do their own inspections except in sensitive areas. Then it
15 tightened so no one could do their own inspections. Then they started coming up with
16 compromises. They've come full circle.
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18 Crawford stated they also had to have the standing report of system status done by
19 the licensed O &M specialist. He asked if they always have to have that. Delahunt stated
20 that was not in the very first draft.
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22 Fleetwood called the question.
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24 Motion to amend failed 2 -3 with Brenner and Crawford in favor.
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26 Weimer stated the motion is to adopt the intent of WCC subsection. 160(C) as
27 proposed by the Health Department in it's example schedule.
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29 Motion carried 4 -1 with Brenner opposed.
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31 Fleetwood moved to forward for approval the entire document with the amended
32 language.
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34 Weimer moved to remove the shoreline management areas and have them
35 inspected at the same frequency as the rest of the areas. Remove WCC subsection
36 .160(6)(1).
37
38 Crawford asked if all the prioritizations still apply. The motion is just about whether
39 homeowners versus specialists do the work.
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41 Weimer stated that's correct. They will start in those areas and will catch the failing
42 systems soon. Also, not many homeowners will sign up and do these classes.
43
44 Brenner called the question.
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46 Motion to amend carried 4 -1 with Kelly opposed.
47
48 Weimer restated the motion to forward for approval the entire document with the
49 amended language.
50
51 Motion to approve the new draft with amendments carried unanimously.
52
53 Weimer stated the new language will come to the Council for a public hearing.
Board of Health, 2/28/2008, Page 6
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2 (Clerk's Note: Councilmember Fleetwood left the meeting at 1:35 p.m.)
3
4 Brenner stated add wording to subsection .160(B)(2) saying a homeowner is not
5 allowed to do inspection unless there is a contractual agreement between the proprietary
6 company and homeowner, if qualified. One proprietary company certifies their homeowners
7 to do their own inspections. Those homeowners should be allowed to do their own
8 inspections.
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10 Crawford stated he would like more information about whether that is true. That
11 would be a minor amendment. Delahunt stated she can check into that.
12
13 Weimer stated the Council can tweak this ordinance and the plan as they are
14 implemented.
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16 2. RESOLUTION ADOPTING A WHATCOM COUNTY ON -SITE SEWAGE LOCAL
17 MANAGEMENT PLAN (AS2008 -072)
18
19 Regina Delahunt, Health Department Director, stated staff will tweak the plan based
20 on what the Board has changed in the ordinance.
21
22 Weimer stated there ought to be some kind of class someone can take to replace two
23 years' experience. Delahunt stated they can consider any combination of training and
24 experience the Health Officer deems appropriate.
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26 Brenner stated the plan should include two things. First, the plan should allow a low -
27 interest loan program. A number of counties have a loan program. One county has a grant
28 program. Second, include wording in the plan to promote an incentive -based system,
29 homeowner cooperation, and then enforcement would be a last resort. Take language from
30 the plan of another county.
31
32 Weimer moved to add language to section .220 of the plan to make it easier to get
33 the certification to be a licensed O &M specialist.
34
35 Motion carried 4 -0 with Fleetwood absent.
36
37 Brenner moved to include language that they will develop a low interest loan
38 program and possibly a grant program, so the County will develop an incentive -based
39 program.
40
41 John Wolpers, Health Department, stated he's done research on that.
42
43 Delahunt stated the Opportunity Council may be able to help.
44
45 Kelly stated many folks who testified at the last meeting were elders. He asked if
46 they can identify a plan for elder assistance. Delahunt stated they can.
47
48 Wolpers stated he's working on that right now.
49
50 Kelly stated talk to the legislators about that as well.
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52 Motion carried 4 -0 with Fleetwood absent.
53
Board of Health, 2/28/2008, Page 7
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(Clerk's Note: Councilmember Kelly left the meeting at 1 :43 p.m. No quorum.)
Brenner stated create an emphasis on incentives. Delahunt stated they can try to do
that.
Crawford asked if they would send a reminder card and the form to remind people
that it's time to do inspection. Delahunt stated they will send a card. They could possibly
send out the form, also. Enforcement is the last resort. It's not productive and takes a lot
of effort.
Brenner stated she appreciates that, but people already distrust the procedure
because it's cumbersome and scares people.
Weimer stated they will have another public hearing on these items.
ADJOURN
The meeting adjourned at 1:45 p.m.
Jill Nixon, Minutes Transcription
The fig,,cil approved these minutes on March 25 , 2008.
AT $ §&-(- �C 0(/��� WHATCOM COUNTY COUNCIL
J�;•�HAiC •.��/'% WHATCOM COUNTY, WASHINGTON
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na $ --- i�ouncfClerk Carl Weimer, Council Chair
Board of Health, 2/28/2008, Page 8