HomeMy WebLinkAboutBoard of Health July 9 20021
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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
July 9, 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.
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Present:
Barbara Brenner
Laurie Caskey- Schreiber
Sam Crawford
Seth Fleetwood
Dan McShane
Sharon Roy
PUBLIC SESSION
No one spoke.
Absent:
None
HEALTH CODE VIOLATIONS — CIVIL PENALTIES
Regina Delahunt, Health and Human Services Director, stated a few of the
Board of Health members expressed concerns recently about the amount of the civil
penalties. She discussed the issue with Randy Watts.
Randy Watts, Chief Civil Deputy Prosecutor, stated the penalty structure now
is Class I or Class II infractions, which are set by State statute. The County used to
make it a criminal offense, and they can do that again. It was a misdemeanor.
Because of the procedural aspects of a criminal action and also for expediency, the
County decided to not make a criminal of someone with a failing septic tank or
other minor health code violation. A criminal citation would require a jury trial and
a public defender's time.
There was a suggestion to make a first offense a Class I infraction with a
$125 per day fine, a second offense a Class II infraction with a $250 per day fine,
and a third violation a misdemeanor. That way, the person has been through the
system on two occasions. By the third time, they are ready to go into court.
Brenner stated it sounds great. She is concerned that they don't have
enough prosecutors to do what they need to do now. It seems like this would be
something that someone would play out as long as possible, to keep violating with
impunity. Watts stated that's why they changed it from being a misdemeanor to an
infraction.
Brenner suggested that they add an ability to call things violations. For
instance, if someone is creating an odor, the County could divide the odor up into
Board of Health, 7/9/2002, Page 1
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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.
three or four categories of violations, and create three or four fines. Otherwise, it's
just a cost of business. Watts stated they might have problems proving some
issues and the ability to accurately measure the odors outside the boundaries.
They could look into it.
Delahunt stated the outline of number two on page two suggests that
language. They would be able to fine a violator $100 per day. If the Council
tweaks the ordinance, the fine could be $100 per day for every violation.
Watts stated the permit must make it clear that each condition could be a
separate violation. If someone is operating without a permit, he or she doesn't
have due process.
Fleetwood asked how often the Health Department has a repeat violator with
a third violation. Delahunt stated it is rare. They have had an issue with getting
someone to stop the first violation.
Fleetwood asked if there is no likelihood that there would be an additional
burden on staff. Delahunt stated there would not be a meaningful burdern. A
criminal penalty might be a deterrent if someone knows that he or she may have to
do jail time.
Roy asked how long a penalty of $125 per day could go on. Delahunt stated
it goes on until the violator corrects the violation, or until the Health Department
goes to court and gets an injunction for them to stop.
Watts stated that when they've taken the first citation through the system
and gotten a final judgment, and the person has paid the penalty is when the
process is done. It's like a person has been put on notice that he or she has done
something wrong, and it has been adjudicated that the person has, in fact, done
something wrong. If a person continues the violation after the first violation goes
through the system, then the violator has been put on notice for the second
violation, with an increased penalty.
Roy asked who goes to jail, when dealing with a corporation. Watts stated
there is a statute about that. He'll have to check. In reality, it's difficult to get an
individual. When it goes to court, this isn't necessarily something a judge will put
someone in jail for.
Crawford asked if they are making the third violation to a misdemeanor.
Watts stated that is correct.
Crawford moved to adopt the new language.
Nelson asked what happens if a violator doesn't correct the first violation.
Watts stated the director would impose the penalty for a certain period, depending
on the violation. The language indicates that each day they are going through the
Board of Health, 7/9/2002, Page 2
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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.
process, it is a separate violation. During the hearing, the director would say that a
violation began on a certain day and it continues. Fines accrue each day it
continues. Language indicates that the penalty accrues through the appeal
process, although it doesn't become final until it's gone through the court. That
would determine the number of days.
Delahunt asked if the Health Department can issue a new violation after an
appeal goes to the Hearing Examiner, and he hears the appeal.
Watts stated no. The violation continues to accrue at $100 per day. The
violator is then directed to cease. If the violator does not cease, then the Health
Department issues a new violation. The violator has the option of appealing the
Hearing Examiner's decision through the County Council, and then it would continue
to be appealed through the court. The fine continues to be $100 all during that
period of time. Once a court takes a look at it, they can deal with the fines.
Nelson asked how this reduces odor impact, other than they are going to put
it into the court system. Watts stated the only way to reduce odor is to gain
compliance with the code.
Nelson asked if this is a more strict enforcement of the code. Watts stated it
is.
Nelson asked the time period for processing each violation through the
appeals processes. Delahunt stated it could be months.
Caskey- Schreiber stated the recommendation is to increase the penalties.
The violator will be aware that he or she will accrue more and more fines.
Brenner asked if the Prosecuting Attorney's Office and Health Department
would commit to prioritizing this if the Council approves it. Otherwise, they are
setting a bad example and it would be worse to do this and not follow through.
Watts stated it will be enforced, but the process takes time. This is more of a club
to the little guy, who will comply. The process takes time against the big guys.
The big guys take advantage of the process more than the little guy.
Brenner stated the County has never issued an injunction against the big
guys. They threatened it, but they haven't done it. It would be a statement that
the County treats everyone the same.
McShane asked if the third violation could be increased to $1,000 per day,
instead of $1,000 per violation. Watts stated they could not, unless they issue a
separate misdemeanor each day.
Roy stated it is more economical for a violator to go to the third violation
than the first or second violation. Watts stated at that point, it would be $1,000
Board of Health, 7/9/2002, Page 3
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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.
per day, if the County choose to issue a separate misdemeanor every day. They
would have that option.
McShane asked what happens if someone doesn't have a permit at all.
Delahunt stated that person would still be in violation of the Health Code.
McShane asked if there are State penalties for solid waste violations.
Delahunt stated there is not.
Fleetwood asked if the Health Department or Hearing Examiner have
authority to forgive some of the penalties. Watts stated they do.
Motion carried unanimously.
Delahunt stated she would prepare revisions to the code and bring it back to
the Council for consideration.
3. SITE HAZARD ASSESSMENT PROGRAM UPDATE
Mindy Miller, Environmental Health Specialist, stated three years ago, the
County was awarded an action grant from the State Department of Ecology (DOE),
which covers all of her activities and expenses. The three categories her activities
fall under include investigations of contaminated sites, site hazard assessments,
and clandestine drug lab investigations. In all these categories, she will confirm or
rule out contamination, identify hazardous substances, identify environmental
characteristics associated with each site, and evaluate the potential threats to
human health and the environment.
The Health Department responds to complaints from the public or DOE about
a potentially hazardous site. She will go to the site to investigate whether there is
suspected or confirmed contamination. If she finds that a site is contaminated, she
will refer the site to DOE. The site is listed as a suspected or confirmed site on
their Confirmed and Suspected Contaminated Sites List. She will rank the sites for
the Site Hazard Assessment Program.
The Site Hazard Assessment program is a part of the Model Toxics Control
Act. She uses the Washington Ranking Method. Within that investigation, she will
again research the site to determine how many people would be impacted from a
contaminated aquifer or surface water stream. The sites are scored according to a
model, and given a rank on the list.
Brenner asked about sites that are old superfund sites, such as the Wilder
Landfill. They are not on the list. She asked what happens to the sites that have
been evaluated. Miller stated the Wilder Landfill superfund site was evaluated and
ranked as a one, which has the worst potential hazard. The sites then sit there,
and don't get addressed. There are many sites in the state, and there are few
people available to help with the cleanup. Regarding the Wilder Landfill, there were
Board of Health, 7/9/2002, Page 4
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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.
other concerns. The Environmental Protection Agency (EPA) is doing an
investigation on that site this summer.
Nelson stated some sites have such a potential effect that they are beyond
the scope of this grant's capabilities.
Brenner stated that someone must have a liability if a site is ranked number
one. It seems there would be pressure to do something with a site ranked number
one because of its liability. She asked the purpose of doing this ranking at all. She
asked if anything has been cleaned up.
Nelson stated some of the sites were determined to need no other action. A
transformer site on Goodwin Road was cleaned up.
McShane stated it was a superfund site.
Brenner stated that once the federal government gets involved, they do
something.
Miller stated the DOE is also conducting cleanups. The sites do get
addressed, but they have to be ranked and then prioritized. It works if there is a
lot of local political pressure on the DOE.
Brenner asked why it takes so long for some sites ranked number one to get
cleaned up, when others are cleaned up more quickly. Miller stated there is one
site called Chris V8, which is ranked number one. It is on Portal Way. Because of
the scoring process, there are lots of targets around that property. They know
what the contaminant is. The Wilder Landfill is called a hazardous waste pit, but it
is has unknown contaminants. It was ranked based on its potential because of the
targets. It's never been fully investigated. They don't know exactly what's in the
pit. The Health Department has more concerns that haven't been addressed. Chris
V8 is a known problem. The Wilder Landfill is unknown, but suspected, threat.
Delahunt stated one example is Bellingham Bay. They know the issue in
Bellingham Bay is mercury. They have a party that they can go to and that is
willing to do the cleanup. She assumed that they would first work with sites in
which they are liable to get more compliance. Also, DOE only has one person to
work on the cleanup operations.
Brenner stated the State chose to take on the Wilder Landfill site as a State
responsibility. Delahunt stated the County's only responsibility is the ranking
process. One big benefit of the program is that they are actually able to take some
problem sites off the list. There is a big liability associated with being on the list.
The County is able to get to the lower ranked sites that require minimal cleanup,
and remove them from the list.
Board of Health, 7/9/2002, Page 5
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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.
Nelson asked about if that is an example of the Harkness site. Miller stated
the Harkness site never made the list. During the initial investigation, she advises
a landowner of cleanup options, which avoids being placed on the list. The owner
did a good job cleaning it up. Once a site is on the list, it is difficult to get off the
list.
Caskey- Schreiber asked if the Bellingham Port Weldcraft site is still in use or
condemned, and what is happening with it. Miller stated they are conducting their
own remedial action. The Port is good about cleaning up.
McShane stated he worked on one of these sites with Ms. Miller. It was a
pleasure. The program provides a service and takes care of a problem. Being
listed makes it difficult to sell a property. It also provides someone in the Health
Department with some expertise in this area. There is a local resource in the
County that is very helpful.
Miller stated that because she is more familiar with the toxics clean up
process, the DOE is taking them more seriously. It is a great benefit to the County.
McShane stated there is the resource of someone who knows what she is
talking about, if the Council wants to apply political pressure.
Brenner asked if they can apply pressure on the Wilder Landfill. Miller stated
the EPA is already working on it. The plan looks really good.
Nelson asked about the drug lab problems. He asked if there are any liability
issues if Ms. Miller is at a lab site. Miller stated the police department or sheriff will
find the lab, then call the Health Department. Before the Health Department staff
person goes onto the property, the hazardous materials (hazmat) team has already
removed all the hazardous chemicals on site. She doesn't enter a house with
hazardous chemicals onsite. The Health Department recently purchased some
safety equipment so staff can go into sites more carefully.
Nelson asked if the County is liable for anything that happens to Ms. Miller.
Delahunt stated it is. She is an employee.
Miller stated she has 40 hours of hazmat training, but she prefers that the
hazmat team respond. The County's role is to determine whether the house is fit
for use. She samples the house and surrounding area for the presence of
methamphetamine.
Crawford asked what chemicals are involved. Miller stated lots of household
chemicals are involved. However, someone doesn't usually mix all those chemicals
together. She gets the police report showing what chemicals were removed, tries
to determine what method was used for cooking, and then determine what kinds of
contaminants may be present in the house. She can take samples, or require the
landowner to hire a certified contractor to do cleanup so the house is fit for reuse.
Board of Health, 7/9/2002, Page 6
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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.
Fleetwood asked if the main danger is combustion or fumes. Miller stated
both dangers are present, in addition to exposure to the drug itself. Most hazards
are associated with the cooking process. Once the lab has been disassembled, the
threat is gone.
Caskey- Schreiber asked if this is an ongoing grant. Delahunt stated it is.
OTHER BUSINESS
Brenner stated she requested information on Northwest Care Advocates. The
makeup of this committee that they put together includes two to three members
from the same agencies. It includes a majority of people who are in direct
competition with Northwest Care Advocates. The process was unfair to Northwest
Care Advocates. She is on the committee, but didn't receive the paperwork needed
to vote. They should not have more than one representative from any one agency.
There should also not be people in direct competition with Northwest Care
Advocates making decisions on Northwest Care Advocates programs.
The Council voted unanimously at the end of last year to continue the
program. The Council was told at that time that it was duplication. The Council
didn't believe it was duplication because there wasn't an adequate level of service.
The Council continued the program for six months, during which time Dewey Desler
was to come forward with information on how to fund it for the next six months.
This was an experimental program to collect data used to get grant money. This
contract has lapsed. It's important that, when the Council asks for something, it
happens. The Council seems to have been ignored. The Council told Northwest
Care Advocates of its intention to continue the program. The County should not
treat its providers that way.
Delahunt stated that contract is not a Health Department contract. It is a
contract with the Juvenile Court Administration Department.
Brenner stated her comments were directed to the administration.
Andy Byrne, Human Services Manager, stated he has no information on it.
Nelson asked to schedule this in the Finance and Administrative Services
Committee.
Crawford agreed.
ADJOURN
The meeting adjourned at 11:19 a.m.
Board of Health, 7/9/2002, Page 7
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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.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on July 30_, 2002.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Nelson, Council Chair
Board of Health, 7/9/2002, Page 8