HomeMy WebLinkAboutBoard of Health December 3 20021
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
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
WHATCOM COUNTY COUNCIL
Board of Health
December 3, 2002
The meeting was called to order at 10:35 a.m. by Council Chair L. Ward
Nelson in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Barbara Brenner None
Laurie Caskey- Schreiber
Sam Crawford
Seth Fleetwood
Dan McShane
Sharon Roy
1. PUBLIC SESSION
Phillip Whitson, 2807 E. Crestline Drive, stated he is a licensed engineering
geologist and a licensed sewage system designer. He has some ideas for the onsite
sewage regulations. He distributed a letter (on file).
2. ONSITE SEWAGE REGULATIONS
Regina Delahunt, Health Department Director, stated the draft is the
concept, but it is not time yet to take action on it. They would like additional input
from the community and the stakeholders. There was discussion about the process
of adopting the regulations.
McShane asked the number of septic design consultants.
Chris Chesson, Environmental Health Supervisor, stated there are about 20
who are licensed by the State.
Whitson stated the State Board allows everyone in the state two years to get
their designer licenses. At the time this was implemented, they were all licensed
through the County and allowed to practice in the state on a limited license until
they can take the State exam.
Brenner stated the changes are pretty big and will result in a big cost change
for people.
Chesson stated the ordinances creating the Drayton Harbor Shellfish
Protection District and Portage Bay Shellfish Protection District were to look at
Board of Health, 12/3/2002, Page 1
1
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
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
onsite sewage systems to further protect the resources. An interlocal agreement
with the City of Bellingham directs them to review and revise Lake Whatcom
watershed regulations.
The Public Health Advisory Board looked at the concept of creating an onsite
sewage system (OSS) shoreline management zone, consistent with the current
County shoreline management program boundary of 200 feet. It would help
protect shellfish resources as well as surface water.
The existing Lake Whatcom rules are more stringent than the existing State
regulations. Many of the deleted requirements were developed before they knew
about proprietary devices, aerobic treatment units, and sand filters that provide a
known degree of treatment for sewage. They also made administrative changes,
such as the language of "health officer" to "director" and changes to the
enforcement section. They would like to direct all appeals and enforcement
activities to the Hearing Examiner and Whatcom County Code (WCC) 24.07. They
propose deleting the Sewage Control Appeals Board so all appeals go to the Hearing
Examiner.
Regarding the 200 foot OSS shoreline management zone, no OSS's would be
permitted for new construction within 100 feet of a surface water body. Currently,
one can get a variance and a reduced setback with the addition of an alternative
device. They would not grant variances for new construction in the 0 -100 foot
zone.
Brenner asked what they would do for a small site that is high up and dry,
and next to a stream. Chesson stated they rarely run into situations like that.
There is almost always some other place that one could go on the property. If that
were to happen, there are other options, such as an easement on another person's
property.
Brenner stated she would like a legal answer on whether the County is able
to do that on those few exceptions. Delahunt stated a person could appeal the
decision, but the Health Department will not grant a variance. The person could
appeal to the Hearing Examiner.
Brenner stated the Hearing Examiner can't go against the law. Chesson
stated the Hearing Examiner can grant variances when there is a hardship, but not
for State law.
Crawford asked the reason for going from allowing a variance with certain
controls to not allowing a variance. He asked if there are failing systems allowed in
variance areas. Chesson stated the reason was just for additional resource
protection.
Nelson asked if that is in the current shoreline regulations. Chesson stated
he did not know.
Board of Health, 12/3/2002, Page 2
1
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
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
McShane stated there are variance procedures in the shoreline regulations.
Crawford asked if it is correct that there is no problem, and yet they are
removing the option. Chesson stated that is correct.
Crawford stated they are taking away the variance option. He asked how
many people take advantage of the variance. Chesson stated fewer than five
people per quarter use the variance option. That number includes variances from
wells. It's hard to say if there are any problems.
Delahunt stated that with the current variance procedure, they are allowing
people to get down to 50 feet of a water body.
Nelson stated the only reason they are doing this now is because it is
political, and they are working on shorelines.
Delahunt stated that if a system fails, and it was fifty feet from a water body,
the probability of contamination entering the water body would be much greater.
There wouldn't be a lot of treatment within those 50 feet. If the distance was 100
feet, there would be additional treatment. It is an added measure of protection.
Crawford asked the current regulation of installing septic near a well.
Chesson stated the drain field needs to be 100 feet away. One can get down to 50
feet from the septic tank. There are reductions allowed with pre- treatment. One
can get down to 50 or 75 feet. No changes are proposed to that right now.
Roy stated the whole point of this is shoreline protection. There must be
some reason that 100 or 200 feet was picked by the State. Chesson stated the
100 -foot setback is in the State code. He's never found any technical justification
for that distance.
Delahunt stated 100 feet is the standard that is used. Scientifically, she
didn't know the difference between 90 feet and 100 feet. However, there is a big
difference between zero feet and 100 feet. One hundred is the accepted standard
in most states.
Nelson stated the current regulations have a lot of different distance zones
that didn't make sense.
Caskey- Schreiber stated they might not need to see problems until they fail
in 20 years.
Brenner stated the shoreline management thing deals with more than the
shoreline. It should have to do more with the types of soils. That's the way septic
systems are designed. She asked if there is any information about the difference in
the cost of a standard one and a standard two. Chesson stated most of the devices
Board of Health, 12/3/2002, Page 3
1
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
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
that meet treatment standard two also meet treatment standard one. There won't
be a significant cost difference between aerobic treatment systems.
Brenner asked if they let people do septic systems now that do not meet
treatment standard two. Chesson stated they do. A conventional gravity drain
field does not meet either treatment standard one or two. Devices have to go
through the testing protocol to make sure they meet the standards.
Delahunt stated there are two types of systems. In non - critical areas with
good soils and a deep water table, one can have a standard, in the ground system.
That's not what the treatment standards refer to. In a more critical area, a person
is required to put in a pre- treatment device before the in- ground system. Those
treatment devices have to meet standard one or standard two before going into the
ground.
Brenner asked the cost of a pre- treatment device. Chesson stated the cost
range is $5,000 to $10,000.
Nelson stated that is just the cost of installation, and does not include
maintenance.
Delahunt stated there are over 120 aerobic treatment units, which are a type
of pretreatment device, in the county.
Fleetwood asked for a description of an onsite sewage system that works.
Chesson described how a septic tank and drain field work.
Delahunt stated the treatment devices go before the drain field in the
process. It is an added measure of protection.
Fleetwood asked the common situations where there are problems. Chesson
stated inadequately designed and constructed or older systems; what one puts in to
the system, and; the strength of the wastewater are all examples of problems.
Brenner asked if a person who maintains a system that is in good soils would
be affected. Delahunt stated a septic system has a lifespan of 30 years. The
permit requires a reserve area designated on the property for a replacement
system when the current one wears out.
Roy asked the number of septic systems in the county. Chesson stated there
are about 26,000 systems in the county now.
Roy asked how often they are checked. Chesson stated the County responds
when there is a complaint.
Delahunt stated the Environmental Services Division staff does special work
in the Lake Whatcom watershed. They review 20 percent of the systems each year.
Board of Health, 12/3/2002, Page 4
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
1 They also do surveys in specific areas. In those areas, there is at least a five
2 percent failure rate.
3
4 Roy stated there might be logic to getting the very best system in up front.
5 It would pay down the road in terms of water quality.
6
7 Caskey- Schreiber stated many fail because the maintenance has to be done
8 every six years and it costs a lot. It's not very glamorous, and people forget about
9 it.
10
it Brenner asked if it is just as effective to maintain a regular system than to
12 get a new standard two system, which will still have to be maintained. She hears
13 that failure of a system depends on the maintenance put into it. Delahunt stated
14 there is no specific data on what maintenance does. It depends on certain factors,
15 such as soil type. In general, they do a good job of treatment. If it is right near a
16 water body, it could travel into the water and they would never know it. If they put
17 in a pre- treatment system, they know that the waste will be pre- treated before it
18 even goes into the ground.
19
20 Chesson stated that in the Lake Whatcom watershed, they deleted the
21 additional setback requirement to a drainage ditch, which is already established by
22 the State and County sewage control regulations. There was no technical
23 justification for that additional setback. They deleted the minimum slope
24 requirements for the same reasons.
25
26 (Clerk's Note: End of tape one, side A.)
27
28 Chesson continued to state that another change was to a current prohibition
29 of system installation in certain soils. There are specific State and County rules
30 that establish criteria for those conditions, so there is no technical justification for
31 this additional restriction.
32
33 They've changed the minimum septic tank size requirement to be consistent
34 with existing State regulations. They've deleted the requirement that an OSS
35 permit be posted in the premises. The department has copies of all permits for
36 property owners. Lastly, they've deleted tables pertaining to minimum soil depth,
37 vertical separation, and additional depth to seasonal water in the watershed.
38
39 Brenner referenced page five of the Board of Health packet. They will create
40 more administrative appeals if the variance is eliminated. Delahunt stated all
41 appeals had to do with the Lake Whatcom watershed because they couldn't meet
42 the existing requirements. The appeals board would allow an alternative system.
43 They were adding an appeals step in the process, and now they are just making it
44 legitimate without going through the appeals process.
45
Board of Health, 12/3/2002, Page 5
1
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
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Brenner referenced Board of Health packet page eight, subsection (3). She
asked if they are not licensing and bonding designers. Delahunt stated the State
licenses and bonds designers now, not the County.
McShane referenced the definition of "Cuts and /or banks." Not many slopes
are 45 degrees. He is concerned about shoreline bluffs. Include language that if
located near a cut bank or bluff that is 45 degrees, it should be reviewed under the
critical areas ordinance. Delahunt stated the guys who go out into the field are
getting better about thinking about the critical areas ordinance.
Nelson stated he would like to see the technical information on various slopes
and what they require.
Brenner referenced Board of Health packet page 13. She asked if they do
local licensing of installers, and what they need to know. Chesson stated an
installer is required to pass an exam, have a State contractors bond, and to earn
one continuing education unit (CEU) per year for license renewal.
Brenner referenced Board of Health packet page 17. She asked if a septic
tank equals treatment standard two. Chesson stated it does not. One would need
a treatment unit and drain field.
Brenner asked what happens if someone has to retrofit their system.
Chesson stated a designer would look at all components of a system to make sure
they meet the code. If the tank is fine, and there is something wrong with the
drain field, one would have to install the treatment device.
Brenner asked the cost of the treatment device. Chesson stated the cost for
a treatment device is about $5,000.
Brenner stated she would like to take a course on this information.
McShane referenced Board of Health packet page 25. They are trying to
protect water resources, so there are new distances based on shoreline. There are
a lot of creeks that aren't shorelines because they aren't navigable. Someone could
be 30 feet from a drainage ditch or curtain drain, which might flow a short distance
straight into Drayton Harbor, California Creek, or Lake Whatcom, for example. He's
a little worried about that. If there is a drainage ditch, the odds are there are some
impermeable soils, which is why water has to be drained away. They are creating a
conduit from a septic drain field or leaking tank to the water body they want to
protect. They may want to have a more protective number in general. These
would only apply in the shoreline zone. However, someone outside the shoreline
designation might have a ditch that would flow straight into the water body.
Require the distance to be greater in the water resources protection overlay areas.
Brenner referenced Board of Health packet page 38, subsection (a)(i). If
someone has an existing system, and upgrades to a standard one system, and
Board of Health, 12/3/2002, Page 6
1
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
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
wants to make the house larger, there will be a huge amount of cost to move the
system. Delahunt stated this is for someone with a little tiny cabin within a
hundred feet of the water body, and who decides to put up a 5,000 square foot
house.
Brenner stated that is an extreme. Someone who wants to put in an extra
bedroom is more the norm. Delahunt stated that in their experience, they see
people all the time who have small cabins and turn them into big mansions.
Brenner requested the Health Department to put in a square footage
expansion limit. Delahunt stated they could modify it to allow a certain percentage
for expansion.
Brenner asked if they are going to put together a committee that includes
experts.
Nelson stated they should put this in a Council committee, and invite the
stakeholders to comment. They don't need to set up an outside committee.
Brenner stated she would like to see something sent to those people who live
near those bodies of water so they know what is in store for those people.
Caskey- Schreiber stated this does not involve retrofitting. Chesson stated it
applies if a system fails.
Roy stated the Council committee agendas are published. An advisory
committee put this together in the first place. They are covered.
Delahunt stated she wants to make sure the Lake Whatcom folks understand
what is happening.
Nelson asked Ms. Delahunt to prepare a press release about the issue.
Delahunt stated she will let the Council office know when to put this forward
in committee.
OTHER BUSINESS
Don Vesper, Environmental Health Services Manager, spoke regarding live -
aboards in Drayton Harbor. There is evidence of coliform contamination in the
harbor. Most of the contamination seems to be in the proximity of the industrial
pier and not in the monitoring stations around the boat harbor. Control activities
have been discussed. They are examining the Shilshoal Bay process, which puts a
dye tablet into the holding tanks of the boats when they come in to moorage.
Docks have facilities for pumping out the holding tanks at the marina. They have a
no discharge policy in place at the marina.
Board of Health, 12/3/2002, Page 7
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
1
2 Nelson asked if all ships coming into the marina have holding tanks. Vesper
3 stated he did not know. He did not know if the Canadian boats have the same
4 requirements.
5
6 Nelson asked Mr. Vesper to get together with Geoff Menzies about some of
7 these concerns. He has concerns about foreign vessels and fish processing
8 facilities.
9
10 Geoff Menzies, citizen, stated the gray water issue came about because of
11 fecal coliform violations in the Blaine Marina. The fecal coliform levels are ten times
12 the shellfish standard in the commercial marina and three to four times the shellfish
13 standard in the live- aboard area. Gray water can carry fecal coliform bacteria. The
14 question during a shellfish meeting was weather the County Health Department has
15 any jurisdiction over gray water discharge. The way Shilshoal deals with it is
16 through an educational program to make sure boaters know that there is a
17 problem. They encourage people to use the shore side facilities. Regarding onsite
18 systems, the recommendations that came out of the Drayton Harbor shellfish group
19 should be found in these regulations.
20
21
22 3. WEST NILE VIRUS
23
24 Dr. Greg Stern, County Health Officer, stated the West Nile virus is in a
25 group of arthropod -borne viruses. Six species of mosquitoes are potential carriers
26 that have been identified in Whatcom County. The virus is related to Japanese
27 encephalitis. From 1999 to a week ago, there have been over 3,800 cases of West
28 Nile virus in humans in 45 states. Of the people who do get infected, only one in
29 twenty develop a mild illness. Eighty percent are asymptomatic. Only one in 150
30 get a sever neurological diseases. The risk of getting the disease and dying
31 increases with age. It is also seasonal, from mid -July to early December. There is
32 no specific treatment. Vaccines are available for horses. The primary response is
33 taking preventive measures, such as wearing long sleeved clothes, wearing
34 mosquito repellant, and addressing mosquito habitat control.
35
36 Brenner asked the incubation time and risk to young children. Stern stated
37 incubation is about two weeks. He has not seen information on the risk to children.
38
39 Don Vesper, Environmental Health Services Manager, stated they did expect
40 to have horses, birds, or other cases of West Nile virus within the year. This
41 disease has moved from the East Coast to the West Coast since 1999. This year
42 has been the most severe in terms of number of cases and deaths.
43
44 The Health Department has already started planning for West Nile virus and
45 mosquito control. They are doing surveillance on birds and large animals. They are
46 also planning a prevention message for the community. They have scheduled
47 training in February for managers of public lands, such as city and county park and
Board of Health, 12/3/2002, Page 8
1
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
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
public works departments. They have discussed with the State Department of
Health (DOH) about how mosquito control will be done throughout the state and
the barriers to mosquito control. Local training with partners is scheduled in
January. The Health Department has some capacity to respond through
surveillance and tracking human cases as they occur, but there are limitations. The
State DOH requires them to do certain surveillance activities. Those are going to
be hard for the Health Department to do because the County doesn't have the
personnel resources. The State does not plan to provide any funding to assist the
County with those requirements. The Health Department will be able to maintain
surveillance data. They are not set up to do mosquito control through the Health
Department. If that is needed in the long -term, the County Council may need to
form a mosquito control district. That is a possible long -term solution.
Brenner asked if there are nutritional supplements that people can take to be
less susceptible to West Nile virus, and if the West Nile virus goes directly to the
brain and spinal cord. Stern stated there is some question about whether there is a
higher attack rate in people who have a compromised immune system. It's not
clear right now. He doesn't know about any supplements or dietary information.
This virus causes a systemic illness. There isn't anything he knows of that someone
can do to prevent from getting the illness.
Crawford asked if the fatality rate is six or seven percent.
Nelson stated that is the amount of people who has symptoms. There are
many more who don't get symptoms.
Crawford asked if people would get West Nile virus in Whatcom County and
who would show symptoms. Stern stated Whatcom County probably would have
people with symptoms.
Crawford asked the chance that someone who shows symptoms will die.
Stern stated 80 percent who get infected would not know it. Twenty percent will
have mild symptoms. One in 150 who get symptoms will get severe symptoms.
(Clerk's Note: End of tape one, side B.)
Crawford stated it seems that there isn't much they can do about it other
than prevention. He asked if it likely that someone in Whatcom County would die
from this. Vesper stated there is a lot of variation in the likelihood. The number of
cases in the Midwest was high, but dropped off on the West Coast. It's difficult to
predict what they will experience. They know the virus is present in the
community, and it's likely that people will become ill.
Crawford asked at what point they consider a mosquito abatement district.
Vesper stated that could be created by a citizen referendum. The districts can be
very local or countywide. They are funded through a property tax assessment.
Board of Health, 12/3/2002, Page 9
1
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
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
When they decide it is necessary depends on what the community wants and what
their experience is.
Stern stated the assumption is that someone in Western Washington could
die from West Nile virus in the next year or the following year. They need to
assume that Whatcom County is not that different from the rest of the country.
They have a chance to prepare for it. The degree of response should not be based
on headlines, but should be based on the knowledge that this is inevitable. They
are not going to get rid of West Nile virus or all mosquitoes. They are going to try
to control it and reduce exposure. The degree of response must be measured and
must not be based on headlines. When people think of mosquito control, they think
of heavy insecticides. That can be done, but it is the least effective and has the
most environmental impact. There are other measures to kill eggs and larvae.
There is some biological control using bacterial predators and fish to control the
populations. It's important to get the evidence on what is effective and the risks of
the intervention methods. Do the education. This is about controlling the
inevitable, as opposed to eliminating it.
Vesper stated the response would be similar to a response for something like
influenza. They can do a lot with prevention messages and targeted interventions
for mosquito control in populated areas.
Caskey- Schreiber stated the community is well aware that this is coming.
OTHER BUSINESS
Nelson stated he attended a community health care access summit. There
were over 200 attendees. Workshops included a variety of topics on the business
of health care. Some of the discussion was about health care districts. The Board
of Health will play a role.
Regina Delahunt, Heath Department Director, stated the community forum
emphasizes that there is a crisis in Whatcom County and other places regarding
access to quality health care. She submitted the Standards for Public Health in
Washington State that dictate that all local health jurisdictions should meet to show
they are providing adequate health care. She would like to go over these standards
with the Board of Health at some point.
The State did an assessment of the Whatcom County Health Department to
see how it measures up to these standards. She has not received the report yet.
She would like to bring the results forward to the Board of Health when she gets
them. There are standards for access to critical health care services. The local
public health jurisdiction has a responsibility to assure that people have access to
health care services. They don't have a responsibility to provide health services,
just to assure access. Their responsibilities are to make sure information is
collected and available to the community; look at the information and analyze the
Board of Health, 12/3/2002, Page 10
1
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
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
information for trends; be involved in planning and collaboration efforts to reduce
gaps in the areas of health service, and; make sure that health care is provided at a
quality level in the community. It is a huge issue. Whatcom County is a small
jurisdiction. All the partners are going to have to help.
Nelson stated federal dollars are available to help with this. The State
legislators are also getting involved.
Brenner stated the section regarding oral health should say "fluoride
availability," not "water fluoridation." Water fluoridation is not the best way to
solve the problem.
Nelson stated this is a State document.
Delahunt stated she will let the State know.
ADJOURN
The meeting adjourned at 12:20 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on January 14—, 2003.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Nelson, Council Chair
Board of Health, 12/3/2002, Page 11