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WHATCOM COUNTY COUNCIL
Special Council Meeting
BOARD OF HEALTH
April 13, 1999
The meeting was called to order at 12:30 p.m. by Council Chair Marlene Dawson
in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Also Present:
L. Ward Nelson
Connie Hoag
Barbara Brenner
Kathy Sutter
Absent:
Robert Imhof
Tom Brown
Chuck Benjamin, Health and Human Services Director, submitted the Public
Health Improvement Plan by the State. He stated that they would first discuss the 1999
Work Plan.
BIOSOLIDS
Regina Delahunt, Health and Human Service Environmental Services Manager,
stated that biosolids is a category of sewage sludge suitable for land disposal, or
beneficial use on the land. The Environmental Protection Agency (EPA) came out with
new rules several years back. State changed their regulations. Prior to State rules,
biosolids were regulated locally as a solid waste. New state regulations removed them
from the realm of solid waste. Regulated as a beneficial material and under the water
quality rules. The new regulations are extensive and based on the federal regulations.
They specify requirements for generators, transporters and how they are used and
disposed of. The State Department of Ecology (DOE) would like the County to accept
responsibility under the new biosolids program because the DOE program is minimal.
There is one State full time equivalent (FTE) employee for the entire northwest region,
the program was only designed to provide technical assistance, and they envisioned that
they would delegate responsibility to local health jurisdictions. Local oversight is
important for better assurance of routine inspections and response to complaints and
problems. Facility operators and cities are in favor of local oversight. In years past,
sewage sludge had a poor reputation in the County. They would like the Health and
Human Services Department to be involved in the program for oversight.
Delegated activities include land application review, public notice monitoring,
public meeting determination, responding to public comment, inspections and
monitoring, annual report review, and sampling.
Board of Health, 4/13/99, Page 1
I Dawson asked if it is applied the same as cow manure. Delahunt stated that is
2 correct and is currently being done in the County. The site is at Markworth Road and
3 Burke Road.
4
5 Delahunt stated that the Memorandum of Agreement (MOA) has been drafted and
6 includes delegated activities. The activities are not new, Health and Human Services has
7 been conducting them since the mid- 1980s. No additional FTEs would be required.
8
9 There will be no additional funding from DOE. The 1999 Unified Fee Schedule
10 includes a fee for biosolids oversight. Fees are charged on an hourly basis to cover cost
11 of service. The initial fee is $1,100 for a certain number of hours, then an additional
12 charge after that.
13
14 Hoag asked if it involves the same amount of staffing and oversight as when the
15 County was in charge of the activities. Delahunt stated that it is similar to before, they
16 only need the authority delegated to the County.
17
18 Dawson asked if there are federal laws relating to biosolids. She stated she heard
19 of biosolids being spread on the reservation near a waterway. The State should contact
20 the federal government about adequate oversight. Delahunt stated that the Indian Health
21 Services were aware of the federal regulations. The EPA, not the State, would cover their
22 actions. She would like to find out about specific concerns. They would contact Indian
23 Health Service to find out what is going on.
24
25 Brenner asked if biosolids have treatment prior to spreading. Delahunt stated yes,
26 through the wastewater treatment plant (WWTP).
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28 Brenner questioned whether it is from residential, not commercial. Delahunt
29 stated none of the WWTPs accept commercial waste.
30
31 Brenner asked about the treatment of anything that would pose a danger of
32 infection. Delahunt stated that there are standards for testing prior to the sludge leaving
33 the plant. They test for fecal coliform and salmonella, and there are other standards.
34 Additional treatment may be required.
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36 Brenner stated that she heard there are new kinds of infectious organisms. She
37 asked if there has been any monitoring of residents near application sites of their health
38 conditions. Delahunt stated they do not.
39
40 Brenner asked for clarification of the difference between Washington
41 Administration Code (WAC) 173.308 and 173.220. They want to make it clear in the
42 MOA that they are dealing with WAC 173.308. Delahunt stated those are added sections
43 resulting from concerns of the cities. They were concerned that the County would be
44 double regulating the WWTP. In reality, the County looks at biosolids at the end of the
45 treatment process.
46
Board of Health, 4/13/99, Page 2
I Brenner questioned the differences between the WAC 173.308 and the National
2 Pollution Discharge Elimination System ( NPDES) Permit Program. Delahunt stated that
3 the NPDES permit deals with how the material is treated within the WWTP. The County
4 does not have authority over that aspect of plant operations. They only look at biosolids
5 coming out. They are not duplicating efforts.
7 Hoag asked if they are subject to the same regulations as the manure ordinance.
8 Delahunt stated that they would be, but she would make sure. Regulations are generic.
9 There are no specific site requirements. The Health and Human Service Department's
10 duty is to review application plans and ensure compliance with good management
11 practices. They can apply conditions to application methods.
12
13 Hoag asked about pathogens and heavy metals. There is concern about
14 contagious illnesses that could be picked up from this sludge. How are they to have
15 confidence that there isn't anything in the effluent besides indicator organisms. She was
16 not comfortable that, just because fecal and salmonella are killed, others are also killed.
17 Delahunt stated that she would provide more information on background, including the
18 frequency of heavy metals testing in relation to WWTP and specifications for metals.
19 The testing frequency ranges from monthly to annually. There has been a relatively
20 stable concentration of metals lately. All County WWTP have very clean sludge
21 regarding metals. No industry is discharging into sewage treatment plants.
22
23 Brenner asked about public notice. Delahunt stated that the permit renewal
24 process requires a published public notice.
25
26 Brenner stated that a threshold of the number of comments or a petition should
27 determine whether there is a public meeting. It should not be subjective. Also, they
28 should leave out the section about not allowing the biosolids in the landfill. Delahunt
29 stated that determination is required by State law and federal law. They want the material
30 to be beneficially used.
31
32 Nelson asked why they are not landfilling. Delahunt stated that this is a beneficial
33 use material. The federal government does not want it landfilled. Biosolids are mostly
34 water and are low in solids, about 2% - 3 %. At a treatment plant, the solids are settled
35 out and then digested so there is a pathogen reduction.
36
37 Nelson stated that pathogens are in the process of being killed in the WWTP,
38 particularly anaerobes (survive without air). The aerobic types are generally in the
39 environment anyway. Natural farming techniques and gardeners have that in the gardens.
40 There is a potential of contamination that is transmitted from animal species to humans.
41 We live in an environment where disease is prevalent. If the Health Advisory Board,
42 small cities, and Health Department all are comfortable with this program, then he is
43 comfortable with the program.
44
45 Nelson moved approval of the MOA.
46
Board of Health, 4/13/99, Page 3
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Brenner stated that she wanted the issue postponed until they get answers to
questions.
(Clerk's Note: End of tape one, side A.)
Brenner continued to state that biosolid is a solid after taking the water out. She
was more concerned about pathogens than heavy metals. Pathogens are a moving target.
She is not confident that this program deals with new, resistant strains and wants more
understanding about why the indicators are reliable to the entire range of pathogens.
Hoag asked if the federal government says they can't landfill it. Delahunt stated
that they can't landfill the biosolid if it can be beneficially re -used.
Delahunt stated that the material is now being land applied. No one is watching it
right now because the State has jurisdiction. She couldn't see the benefit of postponing
the MOA. If there are concerns, the County can look at the local solid waste regulations
and see if locally they can tighten regulations.
Benjamin recommended that the Board of Health approve the MOA so the
County can proceed with this type of work and also have a status report of what they find.
Delahunt stated that the October Board of Health meeting will discuss the solid
waste rules. A part of that would be to revise the sewage sludge portion of the solid
waste rule.
Motion carried unanimously.
ON -SITE SEWAGE OPERATIONS AND MAINTENANCE
Chris Chesson, Health and Human Services Environmental Health, stated that
there have been changes since the last meeting. Regarding regulatory requirements, the
State changed their on -site sewage (OSS) regulations. The local Health Department must
develop and implement plans to do periodic monitoring of all OSS by January 1, 2000.
Program Development includes: reviewing the DOH guidelines, forming an advisory
committee, revising the draft plan, presenting the plan to the Advisory Board and the
Board of Health, and developing the final work plan. There are four emphases; public
education, notification, homeowner participation, and privatization of inspections. The
public education component includes operations and maintenance (O &M) information,
education campaign, community group presentation, increased advertising, and education
classes to encourage homeowner participation.
The notification component includes 5,000 mailouts per year. That is an increase
from 1,500. They also require anaerobic treatment unit service contract information.
A food service component includes education of owners, inspections, and a
certified professional inspection once every three years.
Board of Health, 4/13/99, Page 4
2 Enforcement includes evaluation of alternative OSS systems in sensitive areas,
3 such as pressure mount systems, notice on the title for failure to renew the aerobic
4 treatment unit (ATU) service contract, repair food services establishment failures, and
5 require that pumpers provide records.
7 Regulatory changes include certification of O &M specialists, ATU service
8 providers must report inspection results to Health and Human Services, pumpers must
9 record and report residential septage volumes to Health and Human Services, and allow
10 access to their records.
11
12 The monitoring requirement includes a requirement that a homeowner provide
13 O &M on most system types with proper education. The ATU O &M must be provided by
14 the device licensee, which is a State requirement. Certified O &M inspectors and forms
15 provided for consistent gathering of information and data entry are also new.
16
17 The implementation schedule includes regulation changes for 1999, including an
18 education campaign, alternative systems in sensitive areas, food service establishments,
19 and increased notification and education. All tasks are already begun with existing staff.
20
21 Staffing and funding includes one full time equivalent (FTE) employee for
22 clerical. Other funding sources include the septage tipping fee.
23
24 The difference between programs includes a loan component for long range
25 planning and increased notification. A tax incentive for property owners who do O &M
26 was deleted. The reporting requirement for routine O &M inspections by homeowners
27 must be evaluated in light of the need of an additional Environmental Health Services
28 FTE.
29
30 Nelson stated that the OSS owner only needs to monitor his or her own system.
31 He questioned whether they are requiring a certified inspection every three years and why
32 the County can't have the inspection or review every five years. Most systems are tanks
33 that would fill up in five years. He also asked if there is a cost factor. There could be a
34 mechanism where the inspections can be done by the pumpers. There is an incentive for
35 the maintenance of the septic system. Chesson stated that in the past they have provided
36 a coupon for septic pumping as an incentive.
37
38 Hoag asked how pumping alone helps prevent septic tank failures. Chesson
39 explained how a septic tank works.
40
41 Hoag stated that they are asking a lot of the homeowners. Chesson stated that
42 three to five years is suggested for routine maintenance. The State requirement is every
43 three years.
44
45 Brenner stated that they need to make recommendations to the State to change
46 that. The newer systems could go longer than three years. Delahunt stated that all they
Board of Health, 4/13/99, Page 5
I are required to do is check it, not pump it. They recommend they put in an inspection
2 port if there is not one, so that they don't have to dig up the lid.
4 Nelson stated that there are lots of old systems in the County. The education
5 program is a good idea. Not everyone knows how to take care of a septic system. He is
6 concerned that people will say they inspect, but don't. It has a public health value.
8 Nelson moved to approve the OSS work plan.
10 Sutter stated that loan inspections are currently being done on request. She
11 questioned whether it is possible to work with financial institutions so that they require an
12 inspection. Chesson stated that they have discussed that idea. The real estate community
13 was not averse to that.
14
15 Hoag asked about whether the Shellfish protection district efforts are concentrated
16 near the harbor or throughout the district. Chesson stated that they are looking at
17 sensitive sites now, but will give the work groups the option to work on specific areas
18 with additional O &M requirements.
19
20 Hoag asked if they look at the Total Maximum Daily Load (TMDL) study.
21 Chesson stated that he has not yet.
22
23 Hoag asked why they require food services to be inspected every three years.
24 Chesson stated that they are required to have an annual inspection of OSS by the owner
25 and every three years by a certified professional. They produce high strength wastewater.
26 With the inspection they will be doing, they are gathering data on the number of failures,
27 which is significant. Three years was a recommendation by the Advisory Board.
28
29 Hoag asked why pumpers should give records. Chesson stated because the
30 tipping fee is tied to the amount of septage that they pump. They are to provide a form.
31 To assure that they are giving the County accurate records that indicate what they are
32 really pumping, the County wants to look at their records.
33
34 Hoag asked if it violates any privacy laws if they provide information on failing
35 systems in sensitive areas. Chesson stated that he didn't believe so because the
36 information that they provide is by tax parcel number.
37
38 Delahunt stated that information would be in the database if there was frequent
39 pumping or not frequent enough pumping.
40
41 Brenner stated that she wanted an exemption from an inspection during a sale if
42 one was done recently. Also, she questioned the symptoms of failure in a drainfield.
43
44 Nelson stated that symptoms are green grass and slower drains.
45
Board of Health, 4/13/99, Page 6
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Brenner stated that they should look for the symptoms. Delahunt stated that by
the time they see the symptoms, it is too late.
Brenner asked how long a good septic tank lasts. Nelson stated they last forever
if maintained properly.
Chesson stated that they are to last 20 -30 years, depending on use and
maintenance.
Delahunt stated that they are focusing on education and will see how far they get.
They don't want to jump into a big enforcement program at this time.
Brenner asked if this plan is a recommendation or a requirement. Delahunt stated
some aspects are requirements from State law.
Dawson asked the consequences if the requirements are not done. Delahunt
stated that they are not planning a big enforcement program. They are trying to approach
it educationally. There are 25,000 systems in the County.
Dawson stated that they are basically adopting a State program. Delahunt stated
that the County has to have a system to ensure that the people inspect their tanks.
Hoag asked if Whatcom County Code Title 24.05 is an existing code, which
includes the three -year requirement. Chesson stated yes.
Hoag asked about being able to disconnect gray water from the septic tank for
conversion and re -use, and whether they have made any progress on that issue. Chesson
stated that the State has developed guidelines for the use of gray water. There is
something in the works.
Hoag asked the Health Department to work on that issue. Delahunt stated that it
will be a while down the road.
Hoag asked about the loans and requested that sensitive areas be the focus, if
there are not enough FTE's.
Stuart Glasoe, Puget Sound Water Quality Action Team Local Liaison, stated that
they are impressed with the program. They recommend the County move forward with
the program. He read portions of his letter to the Council dated April 12, 1999 (on file).
The County needs to have a risk based approach and pay attention to the risky areas.
Brenner stated that she supported the plan with the understanding that this is State
law.
Hoag stated her support on the basis that the three year requirement be amended if
it cannot be supported.
Board of Health, 4/13/99, Page 7
2 Motion to approve the operating plan carried unanimously.
3
4 1999 WORK PLAN
6 Benjamin stated that the Health Department is having a retreat so the Public
7 Health Advisory Board can give their recommendations. He stated that Hoag suggested
8 the Advisory Board back certain legislation regarding tobacco advertising around
9 schools. An organization called Commit is working on tobacco advertising legislation.
10 The County Health Officer will arrange a presentation on that legislation for the Public
11 Health Advisory Board.
12
13 Hoag stated that she wanted to explore prohibiting billboards near schools that
14 advertise tobacco.
15
16 Brenner stated that she wanted to add Hepatitis C to the work plan. Benjamin
17 stated that Hepatitis C has been a topic they've dealt with through the bloodborne
18 process. There is still little funding for Hepatitis C counseling and testing. Kay Guirl,
19 Health and Human Services Personal Health Services Manager, has approached the State
20 Department of Health (DOH) on the need to increase the outreach and education.
21
22 Brenner stated that Hepatitis C should be separated out. A lot of bloodborne
23 pathogens have preventative vaccines. Not many people understand Hepatitis C.
24
25 Hoag stated that she wanted to have broad screening for the entire population, not
26 just the at -risk populations because many people have been exposed, but do not know
27 that they have it. There should also be a broad education program. There is an urgent
28 need to be proactive. Benjamin stated that they could have the Advisory Board work up
29 a recommendation for the Board of Health.
30
31 Nelson stated that understanding the total picture of Hepatitis C is important. The
32 state has not made it a reportable condition. Council could have a presentation at next
33 Board of Health meeting on an update, including costs incurred by the community.
34 Benjamin stated that Dr. Stern would not be available at the next meeting. It may be the
35 June meeting, rather than the May meeting.
36
37 Brenner stated that the State hasn't taken any position. The County should
38 request that the State make it reportable.
39
40 Benjamin stated that the work plan is for the Advisory Board and Board of
41 Health. He will get the Board of Health to take action requesting the State and Governor
42 establish a communicable disease emergency fund. If there is an outbreak, an emergency
43 fund would offset local expenses to address a local concern. Other Boards of Health have
44 taken such action. There was a request by DOH that it be established in the next
45 biennium budget, but he heard it will not be approved. They are encouraging local
46 officials to ask for the funding in the budget. It would be an emergency State fund for
47 any contagious disease.
Board of Health, 4/13/99, Page 8
2 Brenner questioned whether it would be any communicable disease or just the
3 reportable communicable diseases.
4
5 Guirl stated that the issue is regarding the communicable diseases that they have
6 to investigate and respond to quickly. It is to address the items that require the Health
7 Department to stop business as usual in order to follow up on the outbreak. Also
8 included is money for detention of Tuberculosis clients if they are refusing treatment.
9
10 Brenner stated that viral meningitis should be reportable. There seem to be
11 political reasons why some diseases are reportable and others are not. Guirl stated that
12 viral meningitis is more easily treated.
13
14 Dawson asked who makes the decision about the investigation. Guirl stated that
15 the local Health Department does the investigation of viral meningitis, but it is not an
16 immediate response.
17
18 Dawson questioned who decides whether an investigation is immediate. Guirl
19 stated that it is the State DOH.
20
21 Benjamin stated he should process this through the Advisory Board so they can
22 come forward with a recommended letter of support. Dr. Stern can also address viral
23 meningitis.
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(Clerks Note: the Board moved to the first item on the agenda.)
PUBLIC SESSION
No one spoke.
I\ IaL1111:�►`I
Dawson adjourned the meeting at 2:03 p.m.
Jill Nixon, Recording Secretary
These minutes were approved by Council on , 1999.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Marlene Dawson, Council Member
Board of Health, 4/13/99, Page 9