HomeMy WebLinkAboutPublic Works March 13 20071
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
WHATCOM COUNTY COUNCIL
Public Works and Safety Committee
March 13, 2007
Committee Chair Barbara Brenner called the meeting to order at 1:30 p.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present:
L. Ward Nelson
Also Present:
Carl Weimer
Sam Crawford
COMMITTEE DISCUSSION
Absent:
Laurie Caskey- Schreiber
1. DISCUSSION REGARDING REVISIONS TO WHATCOM COUNTY CODE 24.05,
ON -SITE SEWAGE REGULATIONS, THAT WERE ADOPTED IN NOVEMBER,
2006, AS ORDINANCE 2006 -056 (AB2007 -138)
Brenner stated they will discuss how often inspections must be done, and who does
them. She read the current State law on the matter. The State doesn't say who does the
inspections.
There have been many meetings on this issue. For one reason or another, many
people didn't know what was going on. This went on for a long time. There were plenty of
meetings on this issue. She doesn't know whether or not it was covered well enough. The
good news is that people are here.
Nelson stated there have been many meetings on this issue. There were hearings
and public notice. This issue went through the process of the advisory board and Health
Board. Many concerns were raised through that process. The Bellingham Herald publicized
the item. Now people decide to weigh in on the issue. That's fine. This item has been
voted on. He wants to hear ideas to make it work better. He does not want to hear a
complaint about the ordinance. This is a State mandated requirement that they've
implemented. The councilmembers did the best job on it that they could. He wants to hear
specific recommendations for changes, not just complaints about not liking the ordinance.
No one likes it.
Crawford stated he agrees with Councilmember Nelson. Much of the communication
from the public the last few days has been about the frequency of inspection. That is the
public's issue to take up with the State legislature. The State legislature requires inspection
once every three years on the standard drainfield gravity -fed system and once per year on
anything else. The County did not come up with that frequency, but has to enforce it. The
Council generally agrees that they don't like the frequency of inspection. However, the
State legislature handed the counties this requirement. This committee wants to hear ideas
from the public about how those inspections can occur. They won't get around the
frequency of inspection.
Brenner stated the State regulation doesn't say who should do the inspections. The
Council discussed the possibility of letting the homeowners do inspections for a certain
Public Works and Safety Committee, 3/13/2007, Page 1
1 number of years, and then have a licensed specialist do the inspection at a certain time. At
2 the time, the Health Department said that would create a nightmare for tracking. Thurston
3 County has incentive recommendations that talked about the same thing. A
4 designer /installer told her that there could be classes for homeowners so they could be
5 certified themselves and do interim inspections.
6
7 John Wolpers, Health Department, read Whatcom County Code (WCC)
8 24.05.160(A)(4). Language was added to that section. Through the committee reports, he
9 found where consensus was not reached regarding allowing a homeowner to do a gravity
10 onsite septic (OSS) system inspection in areas that weren't of special concern. The Onsite
11 Sewage Subcommittee did not have consensus on whether or not a homeowner versus a
12 professional specialist should do a gravity system outside an area of special concern. The
13 rest of the information presented was that a specialist should do an inspection.
14
15 His proposed code changes, which were brought to the Board of Health, were divided
16 into major and minor issues. Under minor issues, the section includes a section on
17 operations and maintenance (O &M) by the homeowner. That's when WCC section
18 24.05.160(D) was inserted, per the OSS committee recommendation as a result of its
19 October 26, 2005 discussion. The OSS committee agreed on that section in July 2006.
20
21 Next, the draft ordinance brought to the Board of Health was the August 8, 2006
22 draft. Section 24.05.160 included subsection (D) about maintenance being done by
23 component homeowners or licensed O &M specialists in areas that don't pose an increased
24 public health risk. He read that section as presented in the draft ordinance. After that, they
25 didn't deal much with that issue. That section also had a caveat about the report of system
26 status during property transfer or sale. When before the Board of Health, the three main
27 topics discussed included subsections .160(A)(4), (11), and (12).
28
29 Brenner stated the confusion came from putting those two together. She had asked
30 that they be separated. They were voted on separately. She doesn't remember the Health
31 Board getting any information about providing an option for homeowners in situations
32 where they could take a class, be certified, and take care of their own system. She asked if
33 Thurston County would have a tracking method that wouldn't be a nightmare. Wolpers
34 stated they are meeting tomorrow with the 12 Puget Sound counties to which this State
35 regulation applies. He did say it would be a tracking nightmare, but that was in reference to
36 the Board providing information that the Health Department should allow homeowners to do
37 it every one year or three years, with a licensed specialist doing the inspection every six
38 years. It was a matter of trying to figure out how they would create a database and track
39 this.
40
41 Brenner stated they will still have to create some kind of database. Wolpers stated
42 they will. In budgeting, they figured out how to get this to work. The management plan
43 has six sections that have to be addressed. None of the 12 counties are doing things
44 exactly the same. They are going to meet and understand what the State is trying to do.
45 The Puget Sound Partnership, which used to be called the Puget Sound Action Team, is
46 being changed. A lot of this came about because of Mason County and the problems with
47 Hood Canal. Whatcom County was included in the 12 counties. Thurston County attempted
48 to build a small demonstration model. They are hosting classes for homeowners every
49 weekend. They have over 6,000 they have to train and track.
50
51 Brenner stated it sounds like the idea has been discussed and is not far - fetched. The
52 Health Department has been checking systems. She asked the failure rate.
53
Public Works and Safety Committee, 3/13/2007, Page 2
I ]eff Hegedus, Health Department, stated the failure rate depends on the area of the
2 county in which the system is located. There isn't a countywide statistic. They may hit a
3 failure rate of 20 percent in one location while doing a survey. At one time, the failure rate
4 in Drayton Harbor was 20 percent, but that is very high for a countywide estimate.
5
6 Nelson stated a big problem with septic systems is that people don't know how to
7 use them. People from the city move to a place with a septic tank, and think they can
8 dump everything into the sink. They end up destroying the septic system and environment.
9 He asked what an inspection would look for. Wolpers stated it depends on the type of
10 system. With a gravity system, they would look at whether the tank size is appropriate, the
11 scum and sludge layers, and whether the baffles are intact.
12
13 Nelson stated they need a consistent method. If the public will do the inspection, he
14 is concerned about them knowing how to open the tank and do the inspection. He's
15 concerned that people will take the class and not know what type of system they have. Be
16 cautions about allowing homeowner inspections.
17
18 Brenner stated she doesn't think that the State requires that level of inspection
19 every year or three years. It is talking about evaluation and maintenance. They should let
20 homeowners do a less onerous inspection in between licensed inspections.
21
22 Weimer stated there was an original proposal to allow homeowners to inspect their
23 gravity systems if it is outside of a sensitive area. At this point, they haven't defined those
24 sensitive areas. Wolpers stated that is correct.
25
26 Weimer asked if there was never any discussion amongst the various committees
27 about allowing people to do the more complex systems or ones within a sensitive area.
28 Wolpers stated there was discussion. The recommendation was to have an 0 &M specialist
29 do that type of inspection.
30
31 Brenner stated that it would be good to have a specialist do it at a certain point.
32 Allow people to do their own simple inspections. Find a compromise that allows
33 homeowners to do their own interim evaluations, and have a specific licensed expert do the
34 inspection at a certain interval, which may be when it is checked for pumping.
35
36 Crawford stated the State has a system to license people to ride motorcycles, by
37 taking a class offered by a contractor. It's possible that there will be a demand by
38 homeowners in Puget Sound to receive this training. The State could go forward with
39 private contractors to host certification classes for homeowners. Wolpers stated the
40 Washington Onsite Sewage Association offers classes for pumpers, installers, and designers.
41 They have talked about possibly providing classes on inspections. Homeowners could take
42 those classes.
43
44 The following people spoke:
45
46 Roger Bouchard, Custer, stated they are discussing millions of dollars. The
47 committee should have given the public more than one hour to discuss this subject. They
48 need four or five hours.
49
50 Brenner stated she would meet with Mr. Bouchard or anyone at anytime, for as long
51 as they want.
52
Public Works and Safety Committee, 3/13/2007, Page 3
Bouchard stated he wanted to read his comments for the record, which is a letter he
sent to the Bellingham Herald. He read the letter. Leave his septic tank alone. He hasn't
cleaned out his septic tank since it was built 20 years ago. He has a two -field system.
Every six months, he turns a valve to switch fields, never working one field too much. That
is an efficient septic operation system. The tank does not need cleaning. It works
perfectly. His barber told him that the only time he'd cleaned his septic tank in 27 years
was when he was required to sell his house. Stories like this occur throughout Whatcom
County.
Fred Rinard, 3854 Cabrant Road, Everson, stated he's had the same septic system at
his home for 35 years. Homeowners must know their soil condition and the location of their
drainfields. They should watch for trees and deep - rooted bushes. There should be no farm
animals going over the drain field. Consider pumping washing machine water into a gray
water tank. It is very hard on septic tanks. His tank has only been pumped out once. He
maintains his own system.
Gail Pattenaude, 5809 Aldrich Road, Bellingham, stated they've taken care of their
septic tank for 40 years. Homeowner inspection would be alright. She doesn't want people
snooping around on her property anymore. The cost will be another cost burden.
Karl King, 4283 Bay Road, Blaine, stated he's glad septic tanks will be inspected.
They should have been all the time. They have a concern about what's getting into the
ground. House Bill (HB) 1458, sponsored by Kell! Linville, says local health officers must
designate marine areas of special concern .for the septic tank inspections. He wants to know
what those areas are. He lives nowhere near a river and is miles away from Drayton
Harbor. People like him have no effect on the watershed.
Crawford stated people need to know about they are affecting their own water table.
There is water practically under everything, and it therefore applies to everyone.
King stated the Ways and Means Committee said they don't know if the Health
Department has jurisdiction to do this.
Crawford stated this is an administrative rule through the Washington Administrative
Code (WAC). They need to deal with some of this at the State level.
Weimer stated he would like to know how often people pump their septic systems.
Judy Weaver, 1119 Sunset Avenue, Ferndale, stated she saw nothing in the papers
that would tell her this was going on, otherwise she would have attended earlier meetings.
Her system was pumped three times in 40 years. They would refuse to live in a house with
a septic system that doesn't work. She asked what would happen to the State's $66 million
for this work and how much is coming to Whatcom County.
(Clerk's Note: End of tape one, side A.)
Weaver continued to state that she'd like to know who set the $150 to $300 fee.
Brenner stated that fee hasn't been set. No one knows anything. It's an estimate
given for something for some reason. The Thurston County numbers are quite a bit lower.
Weaver stated it's another way for professionals to make more money off of
taxpayers. People can't do anything on their properties without permits.
Public Works and Safety Committee, 3/13/2007, Page 4
1
2 Nelson stated he shares everyone's' concerns. This stems from actions to save
3 Puget Sound. There are dead zones in Puget Sound. A dead zone is waters with no
4 oxygen. Those zones are spreading up Puget Sound. The legislature is taking action to try
5 and protect the environment they live in. They are trying to find mechanisms to protect the
6 environment. They want to make sure no one is living with a bad septic field. He's
7 interested in finding out what they can do and how they can do this in a way that is both
8 cost effective and safe for the environment.
9
10 Weaver stated she is a long way away from anything. She asked why she should
11 have her system checked when its never done any harm. She also wants to know about the
12 people in Marietta. The County chose not to fix the levee. It's not their fault that the area
13 floods their septic system.
14
15 Ed Schultz, 7897 Santa Fe Trail, Maple Falls, stated his tanked was pumped two or
16 three years ago. The pumper said that he has to report every tank he pumps and whether
17 the tank is good or bad. His tank is good. Anyone should know if their septic system is
18 leaking.
19
20 ]oaAnne Hunt, 5394 Hovander Drive, Ferndale, stated her septic tank has a pump.
21 She asked what alternatives will be accepted. She assumes that she will be told that people
22 can't live in sensitive areas. She asked if the people who will be fixing the problems are the
23 same people who will inspect for the problems.
24
25 Tim Slater, 2716 Erie Street, Bellingham, stated the purpose of septic tanks is to put
26 untreated effluent back into the groundwater. That's how they work.
27
28 Nelson stated the effluent is treated in the drainfield.
29
30 Slater stated that by the time it hits the drainfield it's not what they think of. It's an
31 important source of recharge. If the drain field or pipe clogs up, the first person to know
32 about it is the homeowner. They take corrective action.
33
34 He's heard alternative references to State law, the legislature, and the WAC. A WAC
35 is not the same thing as a statute. Here, the Department of Health is enacting a rule for the
36 counties to deal with. If this was an unfunded mandate from the State to Whatcom County,
37 the County would take a close took at what it's options are. Here, the cost is being passed
38 on to homeowners, and the County isn't overly concerned. Get a legal opinion from the
39 County Prosecutor about its options. Homeowners have vested rights. He asked what will
40 happen to the low income folks and the folks on fixed budgets if they do have a failed
41 system.
42
43 Brenner asked if the WAC is not law. Slater stated it is if the WAC is based upon a
44 statute. There is a difference between a State regulation and a State law passed by the
45 legislature. The question is whether the State Department of Health overstepped its
46 authority in enacting this. Another question is whether the State has provided guidelines to
47 the counties on implementation. Another question is the definition of a failed system.
48
49 Mike Tilbury, 5606 Hannegan Road, stated he has an alarm on this septic pump. He
50 called someone out. It took him five or six hours to dig up the lid on his septic tank. Now,
51 he's going to have to dig up and then replace his yard every year. If a contractor charges
52 $100 to $300 per inspection, and there are 30,000 septic systems, it may be more cost
53 effective to the County to have an hourly paid employee do those inspections. The
Public Works and Safety Committee, 3/1312007, Page 5
homeowner would be required to pay the employees hourly salary of $30 or $40 instead of
paying a contractor $300. A private inspector will have buddies who install septic tanks,
and it will become a good ole' boys club.
If people have to pump their tanks every four years, and there are 30,000 tanks, the
County could inspect 8,000 tanks per year. When the tank is opened for pumping, it can be
inspected at that time.
Nelson asked if the $300 inspection estimate is based on the cost of having a tank
pumped. Wolpers stated it is.
Nelson stated that not all tanks may need to be pumped. The Bellingham Herald
reporting wasn't accurate, so everyone got all excited. Make sure they deal with what they
can fix. He doesn't want anyone coming on to his property and bothering him, either. Find
out how they can make this work. He asked if people feel confident that they can do their
own inspections. Go over all the different mechanisms available. The Health Department
can do a dye test, for example.
Weimer stated the original bill said these regulations would only be required within
areas designated as marine sensitive areas. He asked if the whole county does not have to
be included in these regulations. Wolpers stated the marine recovery areas haven't been
determined yet. They will look at what other counties have done, talk to the shellfish
districts, and talk to the Council. The Council must review and approve the management
plan. Then, it has to be reviewed and approved by the State. Staff will take a phased
approach.
Weimer asked if areas outside of those sensitive areas won't fall under those
regulations at all. Wolpers stated that could be.
Linda Tucker, 4371 Bay Road, Blaine, stated inspections should be done, but every
seven years. The owners can do inspections in between those years. Homeowners could
use a dye test. It takes about 20 minutes.
Geoff Menzies, 988 West Laurel Road, stated he has a conventional gravity system
that is pumped every five years. There are no other inspections that he does. He has two
drainfelds that he alternates using each year.
The Thurston County program $30 and $80 fees are special assessments in the
Henderson Shellfish Protection District. Everyone in the district pays the fees. The purpose
of the fees is to allow the district to administer the program. It doesn't pay for the
inspection. It supports the program. They have 6,200 septic systems in that watershed.
Not all of those owners will get trained by the county to inspect their systems. A small
percentage of people decide to get training rather than pay the inspection costs. They are
doing a dipstick test. It requires opening the tank to do that.
As chair of the Drayton Harbor Shellfish Protection District, he served on the Onsite
Septic Committee. They met for a year and a half. Generally, they were concerned that
homeowners were qualified to do that inspection. See how the Thurston County program
works. It's an intensive system. They inspect their systems every three years, and they
can inspect many of them.
Folks should understand that there is a reason for doing this. Not just Hood Canal
has water quality problems. They've been working since 1995 to recover water quality in
Public Works and Safety Committee, 3113/2007, Page 6
1 Drayton Harbor. When they surveyed systems around the Drayton Harbor watershed, they
2 found a 20 percent failure rate. It's a real concern.
3
4 When someone owns a property with a septic system, maintenance of the system is
5 a cost associated with that ownership. Those on sewer systems pay a connection fee that is
6 at least $6,000 and a monthly fee of $60 or more. There are costs to ownership and to
7 protecting the environment, as well.
8
9 John LaMonte, 6184 Saxon Road, Acme, stated Doug Erickson said in a letter that he
10 would try to get this regulation changed. Kelli Linville is the sponsor of one of these bills.
11 Get rid of Linville. Not everyone reads the Bellingham Herald, because it has so many
12 mistakes.
13
14 Les Bjorkstam, 8172 Van Buren Road, Everson, stated he had his eight year old
15 mound system pumped a week ago. The pumper suggested he install a riser so the tank lid
16 would be at ground level. He did that. He also put in an easy access to his pump well. It
17 takes him about two minutes to lift the inspection cap off the tank and see what's in there.
18 It takes less than a minute to get the lid off his pump. He's totally aware of what's going on
19 with his system. His pump has an alarm system.
20
21 Unidentified speaker stated the people best able to take care of the septic is the
22 people who have lived there for many years. One doesn't live long with a septic tank that
23 quits working. They usually go fix it. Work with the people. Inform them of what they're
24 required to have. The owners can check the system, and notify the County when more is
25 needed.
26
27 Connie Hoag, 2633 Halverstick Road, Lynden, stated she currently owns five septic
28 tanks. The law should just address tanks in marine sensitive areas and tanks within a
29 certain distance of a stream. Some homeowners in the past have not been aware that their
30 tanks failed, and their septic tanks drained into the stream rather than the drain field. Don't
31 build up this massive bureaucracy that includes everyone for a problem with stuff going into
32 surface waters, streams, and marine areas.
33
34 Take a look at the State law and find out if the rules are appropriate and whether it
35 is something that was put together by unelected bureaucrats. The Council should represent
36 its constituents on this issue rather than just complying with whatever the State has handed
37 down if it's not reasonable. This is not reasonable. It's completely unnecessary for working
38 septic tanks that aren't anywhere near streams or bays.
39
40 Gray water used to always be separate. Now, all that grease is fed into the septic
41 tank. That means eventual failure. That's from well- meaning bureaucrats that don't know
42 what they're doing and are interfering. Please address that. The gray water should be kept
43 out of the septic tanks.
44
45 Her three main suggestions are to remove the word "licensed" from section
46 .160(A)(4); allow people to check their own systems every few years outside of critical
47 marine areas, and; lobby the legislature to remove the inspection requirements outside of
48 marine areas and areas within a certain distance from streams. Also make sure the
49 definition of "failure" does not include working tanks.
50
51 Patrick Grover, 3965 Loomis Trail Road, stated the frequency of the inspections is
52 too often. Acknowledge that pumpers do inspections when they pump the tanks. That
53 should be acceptable. Set an inspection time of every five or seven years. Make the
Public Works and Safety Committee, 3/13/2007, Page 7
County Health Department do the inspections when pumping is not done. Do not bring in
private enterprise. That is a conflict of interest.
Gordon Moore, Grandview Road, stated there is a difference between a septic tank
and a drain field. Problems with one doesn't mean there is a problem with the other. The
Department of Health concern is with fecal coliform getting into the water systems. The
Health Department can only check for coliform. The Environmental Protection Agency (EPA)
must check for anything other than that. Licensed specialists will only try to sell people a
new system. They won't tell the truth to homeowners. His system is dye checked once or
twice a year. No problems have shown up. The property owner can't check for coliform.
Bob Wiesen, 3314 Douglas Road, Ferndale, stated the best thing all these people can
do is call their State legislators. There is a difference. The law may read different from the
WAC. The State legislature keeps making laws that can be interpreted very differently by
the people who write the WAC's. Once the WAC's are written, they rarely get fixed.
Skip Johnson, 2425 Squires Road, Bellingham, stated he is concerned about the fees.
The County should be able to take care of it with the property taxes. Concentrate on creek
areas, and then work their way out. They can dye test the tanks.
He's tired of governments charging people fees and requiring permits rather than
just working with the taxes they receive. They already pay the Health Department to do
this.
Steve Hood, Department of Ecology, stated the Council did a pretty good job on the
ordinance it adopted. People can examine their own systems if they are trained on how to
do so. They need to know about their type of system. The current licensing procedure
doesn't include all systems. Look at how individuals can be licensed for their particular
system. People will not have to re- landscape every year. Part of the task of looking at a
system is to make sure that it works overall. There are ways to fix those issues.
People who think they are too far away to cause problems should know that it's not
just water that flows downhill. In the course of their dairy inspections, they saw a lot of
bacteria problems that resulted from failing septic systems far removed from Portage Bay.
What is flushed in a field north of Lynden winds up in Portage Bay.
Jerry Ward, 2700 Brown Road, Ferndale, handed out information (on file) and stated
he likes the idea of having people do their own inspections. A Glendon bio- filter is not
rocket science, but it is a septic treatment plant. It is not just a septic system. It treats the
water so well that someone could drink it. It has an alarm system. People who pay a lot of
money for something like that should know how it works and inspect it. If things don't
turnaround, he will have to leave this state. He is taxed out.
Barbara Schultz, 7897 Santa Fe Trail, Maple Falls, stated she never saw anything in
the Bellingham Herald about this until recently. She reads it everyday. Contact the
Bellingham Herald,.
Put this on hold long enough to give the septic tank users in the county the option of
being able to run the dye test and do their own test, and then report the results. If some
people don't respond, then Health Department staff can use trained dogs to go sniff out if
there is any leakage.
Public Works and Safety Committee, 3/13/2007, Page 8
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
Dorrie Belisle, 231 Ten Mile Road, Lynden, stated she is a member of and represents
the Portage Bay Shellfish Protection District and manages the Ten Mile Creek watershed.
Her main suggestion is education. In each sub -basin watershed, host a workshop so people
learn how their septic system works and also what are the pressures in each sub - basin.
She disagrees with Connie Hoag about applying this only to marine areas. In Whatcom
County, there are different soils and ground levels. Many sub - basins have coliform
problems. Educate the public on each sub- basin's problems. Have people go on inspections
so they learn what an inspection encompasses. The Health Department needs funding.
They need articles in the newspaper that give the facts. Provide education anywhere they
can.
Wes Kentch, 6870 Enterprise Road, Ferndale, stated his septic system has never
been pumped in over 40 years. It has not failed. He repaired it twice when someone drove
a tractor across the drain field. They maintained it until they were told to take out the gray
water system. Make it possible for the homeowners to do things themselves. He is now
installing a new septic system, and is still waiting for it to be inspected and approved. Now,
he has an open septic system.
(Clerk's Note: End of tape one, side B.)
Kentch continued to state that they should not try to override the homeowner. If
they are smart enough to pay taxes, they are smart enough to figure it out, with training or
help.
Brenner asked if he would be interested in having homeowner training. Kentch
stated he is. It's ridiculous to think that everyone who is licensed is an expert, just because
they are licensed.
Brenner stated she thanks everyone who attended today.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 3:07 p.m.
]ill Nixon, M;, pijrpg�cription
ATTE;V Oo vi HA r6 ?.,y
Co wr
•
Dana BlG wn-l3i Vd!foirncil C
r'lrrrrrrl111N��N,;
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barbara Brenner, Committee Chair
Public Works and Safety Committee, 3/13/2007, Page 9