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WHATCOM COUNTY COUNCIL
Natural Resources Committee
April 20, 1999
The meeting was called to order at 10:00 a.m. by Committee Chair Connie Hoag in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Also Present: Absent:
Kathy Sutter None
Tom Brown
COMMITTEE DISCUSSION
UPDATE REGARDING WATER TESTING IN NORTHERN WHATCOM COUNTY
(AB98 -156)
Regina Delahunt, Health and Human Services Environmental Services Manager, gave an
update on what has happened in last two weeks. The Governor requested the State Department
of Ecology (DOE) and State Department of Health (DOH) do a report addressing groundwater
contamination in Whatcom County and also the labor camp issue in the County. DOE and DOH
broadened the report to discuss contamination statewide. The report was put together on April
15th. The cover memo gives information on what has happened with the groundwater issue in
Whatcom County over the years and since it resurfaced last year. It is a good summary on
everything that's been done. The meat of the report is the report on contamination, which
discusses two types of contamination that is area -wide, nitrates and arsenic. There is naturally
occurring arsenic in the bedrock on Lummi Island. It has been studied. Solutions are in the
works. There haven't been statewide or local solutions yet. There are other places in the County
with detection of arsenic. The Environmental Protection Agency (EPA) is looking at the
maximum contamination level (MCL) for arsenic, which might be lowered, making it more of an
issue in the coming years. All arsenic in the County is naturally occurring.
Hoag asked what they do about arsenic contamination. Delahunt stated that there are
treatment systems. With new construction, if the water exceeds limits, then the County requires
treatment. There are public water supplies that exceed levels for arsenic and nitrates. There are
notification requirements in those instances.
Sutter stated that Point Roberts has a problem with arsenic. They get water from Canada
because of the problem. Delahunt stated it is possible. If there is a deep well near bedrock, it is
likely to have arsenic.
Natural Resources Committee, 4/20/99, Page 1
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Delahunt continued to state that the report prepared by DOH and DOE talks about 38
specific cases of contamination across the State.
Sutter questioned the problems that King County has, and stated that the bulk of water
quality money is going to King County. Delahunt stated that a lot of King County is on a public
water supply.
Delahunt stated that the other portion of the report dealt with the labor -camp issue. It
updated the status in Whatcom County. Labor camps have been sampled and the results are due
at the end of April. DOH is going to look at the issue statewide to determine if the required
sampling is adequate. They're looking at licensing provisions to ensure they're appropriate.
Sutter questioned whether they're public water systems. Delahunt stated that they are
transient, non - community water systems. A lower level of testing frequency and what they have
to test for is required.
Delahunt stated that the DOH efforts regarding the labor camps is a target test program to
determine the chemicals in the supply and to evaluate whether the license program has adequate
oversight. All camps are licensed by DOH.
Brenner questioned what is adequate oversight? Delahunt stated that they haven't
determined that yet. They will test all wells statewide, and hopefully the legislature will modify
the drinking water requirements. They don't have to test for pesticides.
Brenner questioned whether the MCLs are based on an adult male. Delahunt stated that
they are health based for at -risk populations.
Hoag stated that they also base the MCL on healthy people, not those that are sick. She
questioned whether the State is taking input. There are two issues. One is about testing in areas
that fumigants are used. Another issue is testing in areas where fumigants are not used. That
would become expensive, especially at migrant labor camps where they are in for a short stay
only. They should only test for contaminants where they were used. Delahunt stated that she
hoped the State would take that into consideration. The report is an outline only. The County
can comment to the agencies.
Hoag asked about a long -term solution for the north Lynden area. Delahunt stated that
DOH hired a consultant who is gathering information. A report is due June 30.
Hoag asked if DOE is going to sue the manufacturer of 1,2 DCP. Delahunt stated that
they are looking into it, but it would be a very long process.
Sutter stated that they should not require people to test for things that could not possibly
be in the water.
Hoag questioned whether they were required to specifically test for each pesticide.
Delahunt stated that they were not.
Brenner stated that they should lobby the State so they do not require testing for things
that could not be in the water. Also, DOE dropped the ball at Bertrand Creek. She questioned
whether the County could force DOE to make the issue a higher priority. Delahunt stated that
DOE is no longer saying that the response will take a long time. The report is due June 30th and
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they anticipate actions done by December 31St. She stated that the County will have to have a
25% local match, which could be expensive if extending the water line.
Hoag asked what the in -house treatment will be. Delahunt stated that it is cartridges in
the shower, which is just an interim measure. In the long -term, a treatment system will be
installed for the household.
Hoag asked if they had considered exposure using the bathtub, in addition to the shower.
She was concerned about children who take baths. Delahunt stated that she did not know. She
would discuss that with DOH and the Agency for Toxic Substances and Disease Registry
(ATSDR).
Brenner asked for an explanation of the household treatment system. Delahunt stated that
a system would be placed before the plumbing. The DOE consultant is reviewing all of the
options.
Brenner asked if water from a water association would be available. Delahunt stated that
is another option.
Hoag asked about the timelines for receiving all the options. Delahunt stated that the
report is due June 30th
Carl Weimer, RESources, stated that he talked with DOE about recouping the costs. The
problem is that it is difficult to prove whose pesticides were used. The State will encourage the
companies to keep records for longer than the currently required seven years.
Brenner questioned whether the local Health Department could require them to keep
records longer.
Brown stated that they would have to write an entire new ordinance requiring a different
record.
Hoag stated that, when this first came up last year, they talked about creating a better way
of tracking such information. Legal counsel advised that the County could not do that because
the State was thoroughly regulating that area already.
Brenner questioned whether that pre - empted the County from creating such an ordinance.
Hoag stated that was Frakes' opinion.
Brenner stated that the County should require the records be kept for 12 or 14 years
through the State Department of Health.
Brown stated that they can't require the State to do anything. Delahunt concurred.
Hoag stated that she wanted a second legal opinion about requiring local record - keeping.
Chuck Benjamin, Health and Human Services Director, stated that the County should
approach the problem from both sides concurrently; exploring local record - keeping and also
lobbying the State for stricter requirements.
Natural Resources Committee, 4/20/99, Page 3
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Brown stated that many applications are done by commercial applicators out of Skagit
County.
Benjamin stated that it is best to approach the problem at the State level.
Robin Dexter, Purse Seine Vessell Owners, suggested that they also worry about fertilizer
applications. The County should ask what information it would like to have for the long -term,
then figure out the best way to get that information. Also, they should keep the same records for
the fertilizers and the pesticides. They should also revisit the labeling issue.
(Clerk's Note: End of tape one, side A)
Brenner stated that compost is often hazardous waste and should be labeled. Also, de-
icers used at airports contain hazardous materials that are contaminating local creeks. Some
agency at the federal government allows manufacturers to keep, as proprietary information, toxic
ingredients in things that are being spread on the land either directly or indirectly.
Weimer stated that there is no requirement for the State to help pay for solutions to clean
up private wells. They are worried that if they help a certain number of residences, they will
have to help all residences.
Delahunt stated that there is a pilot project being proposed about the assessment of
children exposed to drinking water that is high in nitrates. Whatcom County has been invited to
participate. It would be a partnership between the State and the local health department. There
is not much funding available. The local health department would identify households with high
nitrate levels in the drinking water that also have children. They would ask the households to
participate, take the children's blood samples, and do a health assessment.
Sutter questioned who would be the control group. Delahunt stated that she didn't know.
The State needs four or five counties to participate. Whatcom County will negotiate the details
with the State.
Brenner questioned whether the money in the Water Resources Fund could be used.
Delahunt stated that it could. The County has seven public water systems that exceed the 10 ppb
MCL. That amounts to about 500 residences. There are 16 systems with a level above 5 ppb.
Sutter stated that private wells are also a big concern. Delahunt agreed. However, they
are trying to get a larger population base from which to work.
Brenner suggested a public notice asking for private well owners with high nitrate levels
to participate. Delahunt stated that it depends on how much effort the County wants to put into
the project. It would be very time consuming.
Hoag asked if there is liability to the County if the Health Department goes into the
homes to draw blood. Delahunt stated that there is a higher liability.
Sutter suggested that they have a one -day clinic in the area of the residences.
Brenner suggested that the County use Huxley College students to do the footwork.
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Hoag suggested that they test the nitrate levels at the residence the same day as they draw
the blood samples. Delahunt stated that it is a two -year test. All the details will be negotiated
between the County and the State.
OTHER BUSINESS
ADJOURN
The meeting adjourned at 11:06 a.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Connie Hoag, Committee Chair
Natural Resources Committee, 4/20/99, Page 5