HomeMy WebLinkAboutBoard of Health June 9 19982
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WHATCOM COUNTY COUNCIL
Special Council Meeting
(COUNCIL TO MEET AS THE BOARD OF HEALTH)
June 9, 1998
The meeting was called to order at 12:40 p.m. by Council Chair Robert Imhof in
the Council Chambers, 311 Grand Avenue.
Also Present:
Marlene Dawson
L. Ward Nelson
Connie Hoag
Tom Brown
Barbara Brenner
Absent:
Kathy Sutter
18 Chuck Benjamin, Health and Human Services Director, introduced the members
19 of the Health Department Advisory Board, the Health and Human Services Department
20 staff, and the interim Health Officer.
21
22 ON -SITE SEPTIC SYSTEM (OSS) OPERATION AND MAINTENANCE
23
24 Regina Delahunt, Health and Human Services Department, Environmental Health
25 Services Division Manager, gave background on the issue of on -site sewage system
26 (OSS) maintenance and operations (M &O). It is important to ensure proper on -site
27 sewage systems operate properly. The majority of the failures in the areas of Lake
28 Whatcom and Drayton Harbor are not because of improperly inspected and maintained
29 systems. Improper maintenance can lead to system failure and discharge of inadequately
30 treated wastewater into the environment. A proper system can effectively treat
31 wastewater, including treatment in sensitive areas such as Lake Whatcom.
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33 The State recognized the need for proper operations and maintenance of OSS. In
34 1995, changes to OSS requirements included periodic monitoring of all systems by the
35 year 2000 and current monitoring of all OSS within areas of special concern. Whatcom
36 County has approximately 23,000 residential OSS. Regulations don't specify how to
37 implement the program. The Health Department will present a conceptual draft for
38 Health Board comments and recommendations.
39
40 The development of the concept involved review of other counties' M &O
41 programs, utilized Washington State Department of Health (DOH) guidelines,
42 preparation of a draft program, formation of an advisory committee, and revision of the
43 draft program to present to the Public Health Advisory Board.
44
45 The program emphasis incorporates elements that would be effective and require
46 the least amount of resources. Elements include public education, privatization,
Board of Health, 619198, Page 1
I notification/reporting /record keeping, homeowner participation, and enforcement. Most
2 homeowners do not know how to maintain their OSS. Inspection duties will be
3 privatized or done by the individual homeowner. The Health Department will be
4 responsible for notifying homeowners that they need to do an inspection. Homeowners
5 would inspect their own systems and send results to the Health Department to be kept on
6 file. They may provide incentive for people to do the inspections.
8 Chris Chesson, Health and Human Services Department, Environmental Division,
9 Environmental Health Supervisor, reviewed the proposed program components and
10 responsibilities discussed by Delahunt, in addition to loans, permits, and grants and low
11 interest loan programs.
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13 The public education component currently consists of providing information to
14 the public. The program will update this information and create a countywide education
15 campaign, increase community group presentations, increase advertising campaign, and
16 develop and present effective M &O education classes to encourage homeowner
17 participation.
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19 The notification component currently mails 200 notifications to people residing in
20 the Lake Whatcom Watershed. This notification requires a staffing level of a .2 FTE. In
21 1999, the Health Department will begin to implement a program in the sensitive areas of
22 the Lake Whatcom Watershed and Drayton Harbor. The volume of the notification will
23 be 800 mailings by 1999 and 4,400 mailings by 2000, and will take place every year for
24 the next four years. A staff person will do data entry, filing, and notification mailings for
25 the program.
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27 The loan component currently consists of inspection of approximately 100 OSS
28 systems per year, upon request, and pumping of the systems or repairs, if required. The
29 program proposes requirement of M &O for every real estate transaction with OSS that
30 serves the residence. This would increase inspections to approximately 1,000 per year.
31 Privatization of inspections is an option.
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33 Permit conditions currently provide information during the permit process. More
34 oversight and enforcement is proposed.
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36 The enforcement component currently is composed of a policy adopted by the
37 Board of Health earlier in the year, with possible modifications in sensitive areas.
38 Evaluation of sensitive areas should be done countywide after program implementation to
39 determine compliance rates and level of enforcement needed. The program proposes
40 placement of a notice on the title of ownership. Other counties do this type of program.
41 Ensuring due process requires many resources consuming.
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43 Regulatory changes include certification, designation of areas of special concern,
44 requirement of M &O for all real estate transactions, Aerobic Treatment Units (ATU)
45 service contract recorded with title, inspection frequency, tax break incentive, uncovering
Board of Health, 619198, Page 2
I OSS components for survey inspections, and requirement of certified M &O inspector to
2 provide service.
4 Regarding the monitoring requirement component, the Health Department hopes
5 homeowners will be able to provide M &O on their own systems with proper education.
7 The implementation schedule includes regulatory changes in the third quarter of
8 1998. The first quarter of 1999 includes the initial education campaign and new systems
9 and all existing systems in sensitive areas. All existing OSS would be phased in by the
10 year 2000.
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12 One FTE Environmental Health Specialist for education and enforcement is
13 needed. That requirement may change if that work is privatized. One clerical FTE
14 would also be necessary to do notification of the 4,400 maintenance reminders per year
15 and record keeping and data entry of the inspection results. Potential funding sources
16 include an increase in septage tipping fees and then, as M &O gets into gear, the program
17 may pay for itself. Another funding source would be the formation of a county clean
18 water district.
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20 Brenner asked about the FTE and increasing septage fees. She suggested
21 charging the 4,400 inspections a fee to cover the cost of the FTE. The County is
22 providing a service. The fee may be needed to pay for problem people who don't do
23 M &O.
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25 Brenner questioned the proposed tax break incentive. Chesson responded that it
26 is only an incentive. Brenner was not in favor of providing a break to someone who is
27 only doing what he or she is required.
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29 Brenner asked for clarification on whether the regulations were local or state.
30 Chesson responded that they are County sewage control regulations. Brenner asked if
31 there are recommendations to be made to the Council regarding methods to streamline
32 the due process. She cited the litter enforcement methods. Benjamin stated that
33 enforcement actions include the appeal through a hearing process. Brenner expressed
34 favor of civil fines such as ticketing.
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36 Hoag asked for clarification on annual notification. Chesson explained that there
37 are seven watersheds in the County. Notification of a portion of the residents in all of the
38 seven watersheds will occur on a cycle within a 3 -5 year period. Not everyone in the
39 watershed will be notified every year.
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41 Hoag stated she would like to see enforcement on system failures. It would be
42 difficult to enforce M &O activities due to the differences that exist in the systems and
43 circumstances regarding those different systems. Due process should aim at system
44 failures so that the people penalized are the people failing to take care of their property.
45 Education should be focused on M &O. Delahunt stated that M &O enforcement is time -
46 consuming and focus would be on education.
Board of Health, 619198, Page 3
2 (Clerk's Note: Tape 1, side B)
4 Dawson asked if there are other places that have initiated this process. She said it
5 would be quite an expensive process to raise taxes.
7 Brown asked for clarification on the process of self - monitoring. Chesson stated
8 that monitoring would not be retroactive. Brown suggested utilizing existing mailings,
9 such as property tax assessments, instead of creating a separate mailing. Chesson
10 responded that he has talked to the Assessor and Auditor about combined mailings.
11 Shirley Forslof, Whatcom County Auditor, told him that many tax statements are mailed
12 to mortgage companies. Also, her tax statement would have priority to the homeowner
13 and anything else included would be ignored. This option could be explored further.
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15 Brenner stated that recycling education is currently contracted. These issues,
16 education and advertising, are similar to the recycling issue and could be combined on
17 one contract. She would rather see that option than have more FTEs added.
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19 Nelson stated there needs to be education on how the system currently works.
20 Many people do septic maintenance. Those people need to be certified, then they could
21 do notifications on their own. The County could periodically inspect an area to make
22 sure maintenance has occurred. Benjamin responded that the Health Department would
23 still need to maintain a centralized database. Nelson responded that the inspector through
24 the certification process could provide the database.
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26 Hoag questioned what criteria constitute failure. Chesson referred to the
27 definition in the County Code. Hoag stated that slow absorption might not be appropriate
28 for determining failure. There should be different levels of failure. Benjamin stated that
29 this meeting agenda is not intended for action, just presentation. He would like concerns
30 presented in writing.
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32 Hoag asked if regulations regarding gray water are local or state regulations.
33 Chesson stated that gray water is considered sewage and is regulated by the State.
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35 Benjamin agreed to give quarterly progress reports to the Health Board.
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38 WATER PROGRAM UPDATE
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40 Delahunt presented her report. The Health Department has two FTE Health
41 Specialists. They have drafted a program plan. Delahunt gave an overview of the
42 program plan, including objectives and issues to address in the program.
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44 The draft work -in- progress includes a work plan; lists broad topics; objectives of
45 the program; specifies issues to be addressed and specific tasks to be completed to meet
46 the objectives. Tasks have been assigned to staff members and there exist projected
Board of Health, 619198, Page 4
I timelines for completing the tasks. This is a work in progress; the document will change
2 to reflect the new needs in the water program.
4 The program lists three main objectives. One objective is to insure a safe, potable,
5 public drinking supply in the community. The second objective is to improve water
6 availability for new construction. The third objective is to provide water availability for
7 new subdivisions. The first objective has the highest priority.
9 The first objective has seven issues including fumigant contamination, nitrate
10 contamination, arsenic on Lummi Island, monitoring of public water systems, monitoring
11 of private water supplies, proper location and construction of wells, and waterborne
12 disease investigation. The plan focuses on the fumigant contamination issue. There are
13 nine major tasks associated with this issue. Other issues have major tasks associated with
14 them as specified in the handout.
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16 The second objective regarding approval permits depend on water sources.
17 Currently there is an interim water policy adopted by the County Council in 1992.
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19 The third objective depends on water supply. There are different tasks associated
20 with existing public supply, new public supply, or individual wells.
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22 Brenner questioned if water from a water association is contaminated with
23 something they can't fix, would the County say they have to go to the nearest purveyors
24 to hook up to a water supply. Delahunt stated that would be unlikely, but could happen.
25 It depends on the size of the association and whether the County or the State regulates
26 them.
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28 Delahunt stated she would like the Health Board members to provide input on the
29 format and content of the plan.
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31 Hoag asked about elevated levels of nitrates and the associated tasks on page 23
32 of the handout. There is no task regarding tracking the source contamination and
33 prevention. She would like to see that included because it would be better to treat water
34 than find an alternate water source. She would like to see tasks outlined to prevent water
35 contamination.
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37 Brenner asked for results in tracking of contaminates in the North County area.
38 Delahunt gave an update on fumigant contamination. There are several issues, such as
39 mapping the existing data. The Health Department has mapped all data on EDB and 1,2
40 DCP. In reviewing the data, gaps have been found. There is not enough information on
41 private wells outside of study areas A and B. Information on those areas is needed.
42 There may also be data gaps in several agricultural areas outside of North Whatcom
43 County that use fumigants on their crops. The plan is to go through crop records and soil
44 types and pinpoint those areas and get additional data on those wells.
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Board of Health, 619198, Page 5
I Brenner asked if data from other sources could be accessed. Delahunt stated that
2 they would request information from homeowners once an area is identified. Benjamin
3 stated that 75% of respondents to well water sampling statements are not allowing their
4 results to be reported to the Health Department for informational purposes.
6 Delahunt stated that the Health Department has met twice with the State
7 Department of Ecology (DOE), the Environmental Protection Agency (EPA), the United
8 Stated Geological Service (USGS) and the State Department of Health (DOH). They are
9 conducting coordinated sampling with these agencies. Many of the agencies will begin
10 conducting sampling in the next few months. DOE will test for changes in the level of
11 fumigants in the last few months. They will begin in June to test site B.
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13 Brenner asked if regulation could require a private water system to test the water
14 quality. Benjamin stated a local ordinance would have to be adopted. Delahunt stated
15 they need to get enough information on the different areas and water quality to provide
16 public education to the community. Brenner stated there are ways to track information in
17 properties without using that information against the homeowner.
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19 Delahunt stated the EPA has begun an investigation of illegal dumping of
20 pesticides. They will begin sampling late this summer. Also, the Health Department has
21 finalized a work plan with the USGS to look at pesticide application records over the last
22 several years and correlate with fumigantes used. This will come forward for approval
23 soon.
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25 DOH has funding available to the Health Department to fund private well data
26 gaps for the North County area and other agricultural areas where data is lacking. DOH
27 will help with sampling efforts.
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29 Brenner stated that mortgage companies may require testing be done on water
30 during real estate transactions. Would the County have access to those types of records?
31 Delahunt stated it would be required if the bank requires the information for a loan. The
32 agencies seem very willing to coordinate their efforts and collect data in a way that can
33 be shared by other agencies.
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35 (Tape 2, Side A)
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37 Delahunt further stated that the Health Department is in the process of designing
38 the database. Public education and information efforts have included contacting residents
39 that have submitted water sample data and explained the results and health risks
40 associated with the results.
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42 Regarding public water system monitoring they have requested from DOH data
43 about system monitoring and compliance results. By the end of year, the larger public
44 water systems will be required to do additional fumigant testing. There are some records
45 of fumigant usage. Smaller public systems are not required to do fumigant testing yet,
Board of Health, 619198, Page 6
I but they will ask DOH to make that a requirement. Some smaller systems are currently
2 doing it without being required.
4 Dawson asked about tests that might be done on the Y Road landfill. Delahunt
5 stated that they periodically look for leachate from the site, but have not seen anything.
7 The Natural Resources Committee discussed the Agency for Toxic Substances
8 and Disease Registry (ATSDR) petition process. This agency will do a complete risk
9 assessment of the North County. Whether or not that petition is accepted by ATSDR,
10 DOH will do a risk assessment. If ATSDR accepts the petition, the work could be
11 completed by the year 2000.
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13 Benjamin thanked Delahunt for the updates and encouraged the Council to ask
14 questions before the next Board of Health meeting.
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16
17 STATUS REPORT — LAKE WHATCOM DRINKING WATER QUALITY
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19 Benjamin introduced Gregg Grunenfelder, State DOH Director of the Division of
20 Drinking Water. Benjamin gave background on Grunenfelder.
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22 The mission of his division is to protect public health and look at public drinking
23 water supplies, not individual wells. They utilize two major regulatory tools, one of
24 which is the Federal Safe Drinking Water Act. They have an agreement with the EPA to
25 enforce this law in the State of Washington. The State rules and regulations under the
26 WAC are other regulatory methods. The focus is public water supplies.
27
28 Lake Whatcom is a surface water type of water supply. Any time drinking water
29 comes from surface water, there are health risks. Risks consist of bacterial
30 contamination, viral contamination, and protozoa such as giardia. The most pristine
31 waters have these protozoa. Lake Whatcom water recipients are at risk for those
32 contaminants. Federal surface water treatment rules lay out specific requirements the
33 treatment center must meet. Bellingham is meeting those requirements. Bellingham has
34 not had any monitoring violations. They exceed the requirements. They have not had
35 any violations of the standards. The City is in full compliance with the two regulatory
36 tools. They submit 70 — 80 coliform samples per month. They are also doing different
37 plate counts.
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39 The recent Lake Whatcom report points out deteriorating water in Lake Whatcom
40 in the form of dissolved oxygen. This does not mean a lot from the perspective of
41 drinking water or the treatment facility. It does show an impairment of the water for
42 other uses. It is possible for DOE to list the Lake as an impaired lake under section 303D
43 of the Federal Clean Water Act. The most common cause for listing is dissolved oxygen.
44 Having clean water for a variety of uses is different than clean water used for drinking
45 water.
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Board of Health, 619198, Page 7
I Grunenfelder summarized his three main points
2 1. Drinking untreated surface water is a health risk.
3 2. Bellingham has a well designed, operated, and maintained facility that
4 meets all federal and state regulatory requirements.
5 3. Long time water quality is an issue that deserves some recognition. A
6 source water protection program needs to be established.
8 Brenner asked about bacterial and viral contamination. There is a high incidence
9 of breast cancer along one area of the Lake. Does DOH have any knowledge of this?
10 What would cause something like that from the Lake? Grunenfelder stated he has not
11 heard of any clusters of breast cancer in Whatcom County. Most cancer is due to
12 chemical exposure, not biological exposure. He will check into the question with a
13 toxicologist.
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15 Nelson asked about the State's response to inaccurate media reports that water is
16 contaminated. Grunenfelder stated that the news media will report what they want. His
17 agency just provides accurate information. DOH monitors Bellingham and it is an
18 excellent facility. Monitoring includes both aerobic and anaerobic bacteria.
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20 Hoag asked how standards can be met if raw sewage overflows into the lake.
21 Grunenfelder stated that it depends on where the overflow occurs in the lake. There is
22 always going to be bacteria in a surface water supply, which is why there are high federal
23 standards.
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25 Hoag asked about treatment of surface water that produces toxins during the
26 chlorination process. This process supposedly causes higher rates of cancer.
27 Grunenfelder stated that chlorine interacting with organic compounds form
28 trihalomethanes. There are more organic compounds in surface water sources than in
29 well water sources. The federal government is looking into the question of whether those
30 trihalomethanes produce cancer and other diseases. A proposed federal ruled called the
31 Disinfection Byproducts Rule may be adopted in the next two years and it would require
32 more monitoring requirements on public water supplies to test for trihalomethanes. If
33 there is a determination that they do cause a level of threat, the chlorinated water may
34 have to be treated.
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36 OTHER
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38 Dawson expressed appreciation for Grunenfelder's presentation.
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40 Brenner stated there will be a hearing in Olympia on June 29 and then locally on
41 August 10. She asked if the report regarding medical waste could be scheduled on the
42 next Board meeting. Benjamin stated that the report is done and will be provided to the
43 Board of Health and he will also provide staff to go to the hearing.
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Board of Health, 619198, Page 8
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PUBLIC SESSION
Marion Beddill, 3600 Sealy St., Bellingham, suggested people see the film
"Speed of Darkness ". Also, she asked if it is possible for a civic organization to publish
interim maps of the potentially polluted well areas, pending a final map. The sludge in
Lake Whatcom should become a part of the study programs on the lake.
Jean Freestone, 3200 Vallette St., Bellingham, stated that the septic system is
failing at a rental home she owns. Because of the clay soil, she was told to put in a
filtration system that will cost over $18,000. The property is within the City and across
the street from a County urban growth area (UGA). She would like to see a mechanism
for helping areas in the UGA if it is needed. The Health Department can facilitate
providing help.
Benjamin encouraged people to attend the Advisory Board Meeting.
Hoag asked that the Y Road dumpsite issue be scheduled for the next meeting.
Benjamin stated that it could be scheduled, however the meeting agenda is full and would
prefer the meeting time be extended if it is needed.
Brenner suggested having more Health Board meetings. Benjamin stated that he
doesn't want to circumvent the County ordinance that states that the Advisory Board
should look at issues before bringing them to the Health Board. More frequent Health
Board meetings would overload the Advisory Board.
Nelson stated that there is also the Health and Human Services Board. He named
the folks on these committees if anyone wants to discuss concerns.
ADJOURN
Dawson adjourned the meeting at 2:15 p.m.
Jill Nixon, Recording Secretary
These minutes were approved by Council on 91998.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Robert Imhof, Council Member
Board of Health, 619198, Page 9