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HomeMy WebLinkAboutBoard of Health March 27 20011 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 WHATCOM COUNTY COUNCIL Board of Health March 27, 2001 The meeting was called to order at 10:30 a.m. by Council Chair L. Ward Nelson in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Also Present: Absent: Dan McShane Robert Imhof Marlene Dawson Connie Hoag Sam Crawford Barbara Brenner 1. INTRODUCTIONS Regina Delahunt, Interim Health and Human Services Director, stated that the Community Health Partnership (CHP) members are present. John Worlund, Public Health Advisory Board (PHAB) chair, is also present. 2. PUBLIC SESSION No one spoke. 3. COMMUNITY HEALTH PARTNERSHIP PRESENTATION Delahunt introduced Susan Trimingham of the Community Health Partnership. Susan Trimingham, Community Health Partnership, introduced the other partnership members. In 1996, the partnership was brought together as an outgrowth of the Public Health Improvement Plan developed by the state. The Public Health Improvement Plan gave communities the opportunity to develop what they viewed as healthy communities. A steering committee helped define the vision and the mission of a community health partnership for Whatcom County. There were two community -wide retreats to create a community vision for a healthy Whatcom County. From the retreats, they defined health in a broad sense. Their vision is to involve people in the community. The mission is to bring people together to facilitate the process of change in the county. The CHP is in the process of becoming a 501(c)(3) organization. Their guiding principles include using the asset model to look at what good is happening, bringing people together, and collaborating with people and groups. People working together are the keys to change. Board of Health, 3/27/2001, 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 Nancy Bitting, St. Joseph Hospital and Community Health Partnership, stated that they want the community to make the decisions on what is a healthy community. There are 25 members on the CHP, including the hospital, educators, human service providers, and businesses. The group discusses how to mobilize the local resources. A large aspect of the CHP is its involvement with the community. In addition to having the Leadership Council participate in what they do, they have staff to help work through the issues. The sponsors include the Whatcom Community Foundation, the United Way, the Health Department, and St. Joseph Hospital. The sponsors have given financial and technical support. The hospital is committed to supporting CHP in the future. CHP has been involved in mammogram testing. Early prevention is the best cure. The CHP began a project to make a difference in testing. The stakeholders in the process included physicians, survivors, radiologists, and insurance providers. The involvement of the breast cancer survivors was important to the system that was developed, which will make a difference to how women can have more access to testing. The program would improve statistics on breast cancer prevention by improving availability of mammograms. Crawford asked about prostrate exams. Bitting stated that hasn't happened at this time. Don Drake, Whatcom Community Foundation and Community Health Partnership, stated the foundation became a partner because they wanted to be involved in the community. CHP was perfect because of the asset -based approach, practical community building, and countywide service. There are many activities that CHP is involved in, such as domestic violence. A transportation summit is scheduled for May 18 to discuss how transportation affects a healthy community. CHP is involved in initiatives. A group is working on health indicators to provide economic, environmental, and social condition data. An ongoing project is early childhood education and parental support. Professionals work with parents so the parents understand why the children are acting in the way they are. It also involves the Mother Read /Father Read program. Whatcom County uses more of these projects than any other place in the state. Another initiative is the Personal Attitude Toward Health (PATH) study, in which they contracted with Washington State University to do a random telephone survey of over 400 people, asking them where they get their health information and how they make their health decisions. They have also been doing a follow up to the PATH study. They have done eight focus groups around the county asking about the two areas that came out highest from the PATH study. People want to discuss the issues of importance. The last activity is called Health Works. CHP wants to be a catalyst for change, and not necessarily a doer. The idea is borrowed from Spokane. It is a Board of Health, 3/27/2001, 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 48 database and also an invitation for action. This is a way to gather information about people to help those people be more successful. People want to be involved because they have their own ideas about things, and want to do something meaningful. CHP provides that chance for people. The work groups are growing in size. Hoag stated people identified environmental health as the item of most concern in the PATH study. She asked if this group is reactive to the proliferation of power plants in Whatcom County. Trimingham stated the CHP has not been involved, but has been aware of the issue. CHP is the catalyst for bringing people together, and does not take a position. McShane stated the results of the study are interesting, given the events that have happened since the study. Nelson asked how they reach out to the business community that provides living wage jobs. Trimingham stated it is a constant challenge to have that representation. The Leadership Council needs people with a business perspective. Nelson suggested reaching out to organizations that have business people as members. Trimingham stated they brought in that diversity through the work groups and focus groups. Dawson asked why there is a discrepancy that drug and alcohol use is not a problem in the personal response, but the community response said it was a major problem. Pamela Jons, Community Health Partnership, stated there are two ways to look at the result, the cynical view or the altruistic view. A person taking the study could think that their alcohol use is not a problem, but that alcohol abuse is a problem for the community. That is the cynical view. Or, a person taking the study could in reality not have a drinking problem, but think that alcoholism is a problem in the community. That is the altruistic view. It is a scientifically valid survey that was not skewed. Regarding the business community, they look to United Way because it has a strong connection with the business community. They are in the process of recruiting other folks. They used the focus groups to ask about environmental and economic issues, since they were a priority in the PATH study. Nelson asked the approach taken to look at how to provide health care in the future. A critical issue is Medicare reimbursement of rates, and how to get services to people if Medicare starts losing capacity to deliver health care. Bitting stated the hospital is working with other providers to deal with it. That issue didn't show up because the community is bringing other issues to the CHP table at this time. 4. ON -SITE SEWAGE SYSTEM SHORELINE MANAGEMENT ZONE Board of Health, 3/27/2001, 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 48 Regina Delahunt, Acting Health and Human Services Director, stated that over the past few years, they have had discussions about areas of special concern. There is a proposal resulting from all the discussions. Chris Chesson, Environmental Health Supervisor, stated they need to do something else with onsite septic systems in the Lake Whatcom watershed and Shellfish growing areas. The Lake Whatcom watershed has more stringent requirement than other areas. Regulations were developed in the 1970's. Additional protection was provided by more soil, vertical separation, and setback requirements. Zones in the watershed were established with specific regulations based on proximity to the lake. They also increased setback regulations. In the shellfish areas, there are no additional onsite requirements. The Health Department staff recommends establishment of a 200 -foot onsite septic (OSS) shoreline management zone and to establish consistent uniform standards in the areas. They also propose treatment standards based on ordinary high water mark, and an additional vertical separation requirement. This 200 -foot zone is consistent with the County Shoreline Management Program. It incorporates all identified surface water bodies in the Shoreline Management Program. Some owners will incur an additional expense in design, permitting, construction, and maintenance of OSS systems. In the Lake Whatcom watershed, there will be a much more balanced approach to provide for equity. With the additional operations and maintenance (O &M) compliance, they may need additional staff resources in the Health and Human Services Department. Hoag stated the Portage Bay Shellfish Protection District is huge. She asked if this would only apply to areas within 200 feet of any stream or tributary. Chesson stated that is correct, only areas identified in the existing Shoreline Management Program. Hoag stated that any new or repaired OSS would require treatment standard two. She asked for an explanation. Chesson stated that from a distance of zero to 100 feet, if someone proposes new construction and an OSS system, the Health Department would require an alternative device capable of meeting treatment standard two. There is a list of such devices. Hoag asked if everyone has to put in new devices. Delahunt stated only new systems or repaired systems. Hoag asked if the regulation is that residents are going to have to meet treatment standard two, or use one of the different devices. Chesson stated a device would be required that meets treatment standard two. Dawson stated 94 percent of the applicants were granted variances in the Lake Whatcom watershed. (Clerk's Note: Brenner arrived at 11 :10 a. m.) Board of Health, 3/27/2001, Page 4 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 48 Dawson questioned why the County doesn't just require owners to do the mound system instead. It is costly for the applicant to go through the variance procedure. Delahunt agreed. What is happening now is the applicant comes in, HHS denies the permit, the applicant has to submit a variance application with a fee, go to the Sewage Appeal Board, and the variance is granted. It is one extra step that doesn't make sense. It is not equitable for homeowners in the watershed. By requiring these devices, they will have better resource protection than they currently have. Dawson asked if they are looking at allowing any properties where people can use their land. Chesson stated a landowner could still construct the home, but the system has to be 100 feet from the ordinary high water mark. McShane asked if the backup system must also be the alternative system, or if they require a backup. Chesson stated they require a backup in the design phase. Dawson stated her concern about extending the 100 foot surface requirement. She asked what happens to people who are currently trying to get permits. Delahunt stated the County would have to go through a rule change process. Chesson stated the water availability permit and sewer permit are two separate processes. One could still go through the OSS system permitting process and do the water availability process separately. The processes are not tied together until they go through the building permit process. Delahunt stated some property owners would be affected if their lot is shallow. Chesson stated an option is to create an easement on a neighboring parcel. Brenner asked what would happen if a neighbor doesn't grant an easement. Chesson stated there would always be a small percentage of people who will be negatively affected. The department will work with people to get something done. Brenner asked if the County can grant an exemption if the owner can make it work. Chesson stated there is a Sewage Appeals Board. Brenner asked if the appeals board has an authority to overturn a Health Department decision. Chesson stated it does. Delahunt stated the board has done that before. The board can grant approval of the system with a variance. They usually require additional mitigation. Crawford suggested rearranging language to make the concept clearer. Board of Health, 3/27/2001, 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 (Clerk's Note: End of tape one, side A.) Delahunt stated staff would bring forward a formal draft ordinance if they received direction from the Board of Health to do so. Nelson asked if there are already shoreline construction restrictions. Delahunt stated there are for shorelines. She was not familiar enough with them to know what they are. McShane stated that people could build within 100 feet with a variance. Hoag stated she liked the concept because it puts the protection where it is needed. She asked if there would be inspections in the 200 -foot zone for failing septics. Also, she asked how they determine a failing septic system. She was concerned about solving a problem that doesn't exist. Chesson stated this does not include a sweeping survey of all systems in the area. They are trying to identify smaller areas with high fecal counts from the DOE sampling. There is a definition of a failure in the state regulations. It does not say that a failure in the flow check is a failure by definition. The County has revised its inspection protocol to only require a repair if the system is failing by both state and County definitions. He would provide that definition. This issue came up during the loan program. He included addenda to the loan form that inform the potential buyer that there are items they've identified, although the system works at this time. Delahunt stated the issue comes up when they work on inspections for the sale of property. The flow check might be fine for the people in the house, but it might not be fine for purchasers who use more water, causing the system to fail. It is a liability issue. That is where the flow check problems come in. What the County is doing now will cover the County liability. Nelson moved to approve the proposed OSS standards for the shorelines and have staff develop the appropriate regulations. Motion carried unanimously. 5. ARSENIC MAXIMUM CONTAMINENT LEVEL (MCL) Delahunt stated this was brought up at the previous Board of Health meeting. The Environmental Protection Agency (EPA) passed an arsenic rule to come into affect on March 22. The new presidential administration put the rule on hold. They will take a look at the new arsenic limits, and is to come up with new recommendations in 60 days. Staff collected information about Whatcom County and its levels and how the proposed standard would change how the County looks at water quality. Board of Health, 3/27/2001, 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 48 Paul Chudek, Environmental Health Supervisor, stated the proposal is to change the MCL from 50 parts per billion (ppb) to 10 ppb. He displayed a map showing private wells in the county. The green dots are wells that have an arsenic level of 10 ppb or less. The yellow dots are wells that have a level of 10 ppb to 50 ppb. The red dots indicate the five wells in the county that have over 50 ppb. Prior to the proposed change to the arsenic rule, Whatcom County was the same as other counties. The high level systems are being treated. The County knew that there are high levels on Lummi Island. He displayed another map showing the condition of the wells if the proposed rule goes to 10 ppb. The yellow dots indicate wells with a detectable level of arsenic, and the green dots are wells with a non - detectable level of arsenic. The County has low levels with the exception of the Sumas Aquifer, which doesn't have much arsenic at all. They asked the state Department of Health (DOH) to provide information on public water supplies. It appears that fewer than 15 public water supplies would be impacted by new rule. Of those 15, one has several sources and only one of those sources has ever tested above the MCL. In Whatcom County, they will see a tremendous amount of small treatment systems that have to be installed. Brenner asked if the County determined whether all high area clusters are naturally occurring. Chudek stated they are not sure, but pretty certain. Where the arsenic hits are, they are generally in deep wells greater than 60 feet and confined. Hoag asked who tested the wells. Chudek stated a state certified tester for water availability applications for building permits. The chemical analysis is done by a state certified tester. The detectable level in testing is only 10 ppb. Some of the data may be suspicious because reporting levels are at or near detection levels. They could see, as the MCL goes down, refinements in testing that provide more accurate data. Hoag asked how they treat the water. Chudek stated reverse osmosis is one option. Ion exchange is another option. There are many options. Hoag asked if treating nitrates would also treat arsenic. Chudek stated he didn't know. Dr. Greg Stern, Health Officer, stated he would discuss the health effects of arsenic exposure. The EPA referred the effects to the National Research Council, who issued its report in 1999. A panel reviewed existing studies on the effects of arsenic, and looked at the quality of the data. Studies were based in areas in the world where the arsenic level is over 100 ppb. They don't know whether there is a linear affect to the amount of exposure. The National Research Council concluded that they did not have evidence that a linear dose response to low levels did not exist. It also didn't have conclusive evidence for a threshold effect. Therefore, they have to take the worst case scenario as a linear effect and no threshold. Board of Health, 3/27/2001, Page 7 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 48 Unless there is conclusive evidence otherwise, they have to assume that the low doses would have an effect. There is a lot they don't know. The federal government funded studies looking at these questions. That leaves the EPA making decisions without complete information. That is a dilemma. Different substances have different elimination rates. Assumptions are made on low dose exposure are based on a linear dose response and absence of a threshold. He would discuss the known and suspected effects. There has been an association with bladder cancer and lung cancer that has been semi - quantified. There is also a concern about prostate and skin cancer. Arsenic damages blood vessels and is associated with cardiovascular disease. There are skin changes, pigment changes, and keratosis. There is a suspicion that it is related to diabetes and reproductive effects. Thirteen million people would be affected by the shift of standards. He provided information on the reduced number of people effected per disease per year if the new standards were implemented. Nelson asked the EPA's proposed goal for carcinogens. Stern stated the exposure standards are based on trying to reach zero adverse health effects. Another assumption is that there is a linear response, based on the ability to detect and treat arsenic. The health effect goal is for people to not get sick. Nelson asked about the conclusion of the 1999 study. Stern stated the conclusion was that a level of 50 ppb is too high and should be reduced. Nelson stated he understood that the conclusion from the EPA was that the current standard does not achieve the EPA's goal of protecting public health, and should be lowered as soon as possible. Their goal is zero. If they have not met the goal of zero, they need to lower the levels as soon as possible. The objective was based upon a goal they can't define. They don't have measurement standards to get to the goal. McShane stated the EPA acceptable goal is 1 part in a billion, not zero. The EPA needs to take into consideration the cost accounting. The National Academy of Science actually recommended a lower number in their report. The EPA has to take into consideration the cost in setting the MCL. The cleanup standard for arsenic in groundwater is three times lower than the drinking water standards. The EPA has to take into consideration the cost to society. That is why the EPA proposes 10 ppb. The National Academy of Science goal was to lower the level to that below the detectable level. Stern stated the issue of the cost to prevent one event in Whatcom County is based on the cost of treatment and the numbers needed to treat per event. It is also based on the cost of installing and maintaining a treatment system. The EPA uses a cost of $360 per year for a system serving up to 25 people, up to $ .86 per year per person for systems that serve millions of people. Board of Health, 3/27/2001, 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 47 48 Nelson stated he has information from the EPA website that the average household cost will be $28 for Americans served by large systems, and $85 for those served by small systems that serve fewer than 10,000 people. Stern stated the EPA has a technical fact sheet that has the system size categorized by number of people served. In the category of a system that serves 25 to 500 people, it would cost $327 to $162 per year. For 10,000 people or more on a system, the cost range is from $32 to $ .86. Chudek stated a treatment home system will cost about $4,000. The cost is less for a water system. There is quite a cost difference. Hoag asked if the skin absorbs arsenic. Stern stated a urine test is the most accurate measure of body load. He was not sure if arsenic is absorbed into the body. It attaches to the skin and hair. He didn't know that the data on ingestion has been addressed. Hoag stated it is important to know that to estimate the cost. Chudek stated that they asked potential treatment providers to estimate the cost for treatment of the entire house. They all came up with a number similar to $4,000. Nelson stated he heard that the EPA is looking at implementing the standard. McShane stated there is going to be a standard set one way or another. There is a timeline of when it will be implemented. In the meantime, if they know this is coming, the County should maybe be more proactive about informing people of their arsenic levels. He proposed looking at the possibility of setting a level now for approval of water systems so people don't have to do a fix on them six years down the road at a substantial cost. Brenner stated the cost would be either now or later. McShane stated the County might not approve a system that would need treatment six years down the road. Stern stated the County might want to give people a heads up that standards will be changing. Nelson stated that is more appropriate. This would give people an opportunity to prepare for that. The County should not establish its own levels now, while not knowing what the standard will be. McShane stated the County should set any level, and then change it when the standards come down. Chudek stated a public water supply is regulated by state Department of Health (DOH). Board of Health, 3/27/2001, 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 48 (Clerk's Note: End of tape one, side 8.) Chudek stated there is a statewide issue at the DOH regarding arsenic. McShane stated he preferred being more aggressive and proactive. He moved to set a standard of 10 ppb for approval of water, or cite the MCL level now. Stern stated the County currently refers to the MCL level. Chudek stated that if there is a new rule, the County would require people to treat the water if the level is higher than 10 pp, prior to approving the water for water availability. Hoag stated the reporting requirements are something that might be a good idea to implement. Currently, water systems are required to provide a nitrate health sheet to those with levels that are too high. If wells exceed 10 ppb, then the County could send out an information sheet. Whether or not the EPA has formalized anything, the County should pass the information on to the consumer. They don't need to worry about those with a level less than 10 ppb. She asked the difference between an association with health affects and a concern of health affects. Stern stated the difference is the presence of quantifiable information. There is a lot of question about the validity of studies and how strong the information is. Hoag suggested a friendly amendment to include educational literature to wells that have arsenic levels above 10 ppb. Delahunt asked if they are referring to private wells. Hoag stated private wells and public water systems. Delahunt stated that the County doesn't have jurisdiction over public water supplies. Notification would have to come from the state Department of Health. Private systems are a different story. They are already providing a fact sheet if arsenic is detected. Hoag asked about water treatment for a real estate sale. Chudek stated that is a buyer and seller agreement. The Health Department only does the work if contracted to do that, and only does the work that the buyer or seller requests. Nelson questioned whether the County is sending out information to wells with detectable levels of arsenic. Chudek stated the County is, for those requesting new water availability. McShane restated his motion to set the local MCL for water availability at 10 micrograms /liter until the EPA comes up with their new MCL. Nelson questioned what the enforcement would be. Board of Health, 3/27/2001, 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 37 38 39 40 41 42 43 44 45 46 47 McShane stated they have to get approval of their water system from the County Health Department. Nelson asked how the County would justify it if the EPA hasn't set its MCL level. McShane stated it is an emergency because the County doesn't know what the EPA is going to do. If the EPA keeps the level at 50 ppb, then the County could change its level back to 50 ppb. In the meantime, people are putting in new homes and may be drinking arsenic. They are coming in under the radar, and will be stuck with arsenic at that home from now on. Nelson stated the County doesn't know what the levels will be or what the health effects are at any level. McShane stated he was satisfied that the level of 10 ppb is adequate protection. Brenner stated her only concern was that they are only affecting the private wells. She didn't like having two standards. She would rather do a different kind of notification that there is a proposed change in the level from 50 ppb to 10 ppb. McShane stated a similar experience was with ethyl dibromide. There is not much the County can do once those wells are in. Hoag asked for a legal opinion on whether the County could establish a stricter standard. Brenner stated she remembered the issue with the ethyl dibromide, and asked whether the level set was above or below the level already established. McShane stated that once the well is in, they are stuck with it. He would amend his motion to also get a legal opinion. Motion failed 1 -5 with McShane in favor. Hoag stated she wanted to get a legal review. Delahunt stated they would hopefully know what the EPA limit would be by the next Board of Health meeting. (Clerk's Note: Crawford left the meeting at 12:17 p.m.) Hoag stated she would like to approve the motion if it can be done legally. The purpose of the Board of Health is to protect public health, and they should not focus on what the EPA would do. Bring the motion to the full Council. Board of Health, 3/27/2001, Page 11 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 6. DRAFT ORDINANCE: PROVIDING FOR TEMPORARY HEALTH OFFICER COVERAGE Delahunt stated this would come forward to County Council. When Dr. Stern goes on vacation or is out of town, there is no one to officially cover his duties. Other counties are in the same dilemma. The proposal is for the counties to enter into an agreement to switch health officers when one is unavailable. They would need to change the County Code, and an ordinance will come forward. Brenner stated that the first "Whereas" statement should not name Dr. Stern, but should just say "Health Officer." Otherwise, they will have to change the code every time they change Health Officers. ADJOURN The meeting adjourned at 12:21 p.m. Jill Nixon, Minutes Transcription These minutes were approved by Council on April 17 , 2001. ATTEST: Dana Brown - Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON L. Ward Nelson, Council Chair Board of Health, 3/27/2001, Page 12