HomeMy WebLinkAboutNatural Resources April 21 19981
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WHATCOM COUNTY COUNCIL
Natural Resources Committee
April 21, 1998
The meeting was called to order at 11 a.m. by Committee Chair Connie Hoag in the
Council Committee Room, 311 Grand Avenue, Bellingham, Washington.
Also Present: Absent:
Tom Brown None
Kathy Sutter
COMMITTEE DISCUSSION
Hoag announced that they would first discuss agenda item #2.
1. DISCUSSION REGARDING MONITORING OF WELLS FOR AGRICULTURAL
CONTAMINANTS (AB98 -156)
There was discussion regarding the Attorney General's (AG) opinion regarding licensing.
It did not address gathering and release of information.
Karen Frakes, Senior Civil Deputy Prosecutor, stated that the AG concluded, in the area
of pesticide use and application, that this area is so regulated by the State that there is no room
for concurrent jurisdiction by the local authorities. The actual statute goes beyond licensing into
extensive record keeping, rules about when the information can be shared, and who the
information can be shared with. The AG's conclusion was that, even though they use the word
licensing, this is an area that is too heavily regulated for local regulation.
Hoag stated that RCW 17.21 allows that copies of records be available to the Department
of Health.
Frakes stated that refers to the State Department of Health.
Hoag stated that the County could ask the State Department of Health for the records.
Frakes stated that the County can ask for the records, but can't pass an ordinance to require
them.
Hoag stated that they could fall back on this if they can't do an ordinance.
Hoag stated that she disagreed with the AG's opinion.
(Clerk's Note: End of tape one, side A)
Hoag stated that RCW 15.58 addresses delivery and quantity of pesticides.
Natural Resources Minutes, 4/21/98, Page 1
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Frakes stated that the information Hoag had requested was about the application location.
It is not within the County's powers to collect the information. That is within the State's power.
Sutter suggested compiling a program they would like to have, and then get an opinion
on what they put together.
Dawson stated that Hoag has the option of calling the person who wrote the AG opinion.
Brown stated that restricting the sale will not work because farmers can purchase
chemicals in other jurisdictions and through mail- order. He would rather ask for the records that
are already submitted to the State.
Hoag asked John Gillies, Natural Resources Conservation Service (MRCS), if the records
that are kept are site specific. Gillies responded that he did not know. He recommended that
they submit a letter request, which would determine whether the information could be provided.
There are people that could answer her questions quickly.
Regina Delahunt, Health and Human Services Environmental Services Manager, added
that the Health Department is planning to do a study with United States Geological Service
(USGS) in the north County regarding pesticide applications. USGS has been in touch with the
U.S. Department of Agriculture (USDA) to get all the application records for the area. She
suggested using the information that is collected for the study.
Hoag expressed a concern that records are kept for only seven years, when problems may
arise as late as 15 years after the application. Delahunt stated that they could keep the records
longer than that.
Brown questioned the information they received regarding a new type of water treatment
system.
Dawson stated that the people who created the system have no technical material other
than what they provided.
Delahunt stated that she met with those people and they had very little information. She
encouraged those folks to talk to the State Department of Health (DOH).
Pat Jones, Jones Engineers, stated that he reviewed their brochures. There is insufficient
technical information to come to any conclusions.
Hoag asked Delahunt whether the County can request the application records from the
USDA and copy to the State DOH. If that doesn't work out, then Committee will go forward
with drawing up some sample regulations.
Hoag directed the topic of conversation to the nitrate contamination. She asked Gillies
for an update on the status.
Natural Resources Minutes, 4/21/98, Page 2
2 Gillies stated that nitrate levels fluctuate. He gave a historical background on
3 groundwater contamination by nitrates. The Abbottsford/Sumas aquifer is the geological area
4 that needs to be looked at, not just Whatcom County. As technology advances, the plumes can
5 be predicted. Topics he discussed are the growing dairy industry; the shrinking land base;
6 potassium as the biggest indicator of a problem; the flow of nutrients; proper handling of
7 manure; and nutrient management. He introduced Sally Bredeweg, NRCS.
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9 Bredeweg explained her experiences with groundwater pollution in Nebraska. The
10 effects are long term, as are the solutions. She gave background on the problems experienced in
11 Nebraska. The University, the State, and local agencies were all involved in the recovery
12 process. There was discussion regarding getting industry involved to reallocate the nutrients.
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14 Hoag stated she understands that the aquifers in the County are contaminated in spots,
15 but not the entire aquifer. She also asked Gillies if he could work in conjunction with the
16 County to explore the option of creating regulations. Gillies responded that he prefers to work
17 through voluntary actions and education. They need to look at the best effect for the efforts.
18 The other best effort would be to encourage farmers to balance. Currently, there is not enough
19 land and too much manure.
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21 Brown clarified that the State is proposing to require balance in farming operations. He
22 noted that some of the pollution problems come from the part of the Abbottsford / Sumas aquifer
23 that is in Canada.
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25 Bob Andersen, R.S. Andersen Planning Design & Ecology, stated the Committee does
26 not need to separate out areas protected for shellfish protection from other areas of the County.
27 They need to develop incentive areas. They should also aim toward a broader strategy, gather
28 data, look at management process, and work into budgets and interlocal agreements.
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30 Jones stated that a strategy needs to be established to be effective.
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32 There was discussion regarding the regulation of buffers along ditches that are required
33 from the farmers, the County Critical Areas Ordinance, and that technology has not caught up
34 with determining the effects of buffering.
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36 Jones stated that specific goals are necessary.
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38 (Clerk's Note: End of tape one, side B)
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40 Jones continued to state that, unless someone carefully defines the goals, the strategies
41 may not be effective.
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43 Hoag asked Gillies to clarify the 75 lb. residual statistic. Gillies replied that the figure
44 comes from research work done in Washington State. There is going to be some residual amount
45 of nitrogen. 75 lbs. in the top foot of soil is an acceptable level. They can't live with 300 lbs.,
46 which is what they see in some places. The pathways of that 75 lbs. would take different
Natural Resources Minutes, 4/21/98, Page 3
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directions. The leaching level of the 75 lbs. would be tolerable.
Hoag responded that she didn't want a standard adopted that would quickly fill up the
capacity that the soil can take.
There was discussion regarding the USGS study, implementing standards, manure
plowed into the land to hide application and other unaccounted manure application.
Hoag asked about how enforcement works for folks who do not follow the regulations.
Gillies stated that the Department of Ecology (DOE) will be responsible for farmers who don't
comply with a conservation plan.
Brown asked what other source of nitrates are contaminating the water, in the eyes of the
State. Gillies responded that leaking manure lagoons, septic systems, alder trees, and peat bog
also contribute nitrates.
Hoag asked if Gillies finds a problem with groundwater near raspberry farms. Gillies
responded that he does not have that specific information, but it is possible.
Benjamin stated that another source of contamination is lawn care applications in
residential areas.
Delahunt stated that she hopes the raw data will be collected by the USGS study by the
end of the year.
Jones discussed nitrate pollutants associated with residential areas and the anticipated
levels of removal rates.
2. DISCUSSION REGARDING A PROPOSED RESOLUTION SUPPORTING A
PUBLIC HEALTH ASSESSMENT OF THE EFFECTS OF GROUNDWATER
CONTAMINATION IN NORTHERN WHATCOM COUNTY (AB98 -156A)
Hoag stated that this was brought forward by Carl Weimer of RESources.
Regina Delahunt, Health and Human Services Environmental Services Manager, stated
that the Agency for Toxic Substances and Disease Registry ( ATSDR) will have a confidential
meeting with the petitioners.
Hoag questioned whether the Council members could attend a confidential meeting if
they passed a resolution supporting the petition. Delahunt stated that a majority of the Council
or one of its committees could not. The petition has already been submitted.
Brown stated that ATSDR said they would look into the issue anyway. Delahunt stated
that was correct. Either ATSDR or the State Department of Health (DOH) would have looked
into the issue and done a health assessment. The "WHEREAS" in the resolution that says that
Natural Resources Minutes, 4/21/98, Page 4
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government agencies would not be looking into the issue was not entirely correct and could be
removed.
Chuck Benjamin, Health and Human Services Director, recommended that language in
the resolution be changed from "...Health Of€ieer and Human Services Department take an
active role..."
Carl Weimer, RESources, agreed to those recommended changes. His intent was only to
have the issue looked at, and it appears that is going to happen regardless of the resolution.
Hoag questioned whether there would be a cost to the County if the resolution were
approved. Delahunt stated that there would not be a cost to the County.
Sutter questioned how the Council members' could be a part of the process. Delahunt
stated that ATSDR would have a public meeting in addition to the meeting with the petitioners.
Hoag questioned whether they could meet with the Council. Delahunt stated that they
could.
Sutter questioned the definition of a leukemia cluster. Benjamin stated that it is a number
of confirmed cases in one particular area that has a statistically higher amount of confirmed
cases than in other areas.
Delahunt stated that they know there is a leukemia cluster in the north County area.
Sutter questioned how the determination is made. Delahunt stated that it is a rate based
on per capita, typically per 100,000.
Benjamin stated that they are doing an epidemiological investigation and explained the
methods and timeframes of the investigation. Once the investigation is completed, it will be
opened to the public.
Sutter questioned whether shallow wells are being investigated. Benjamin stated that the
well testing information would include the depth of the well if it were known.
Sutter questioned whether shallow wells in general are being addressed. Delahunt stated
that new construction must meet standards. Nothing prohibits a shallow well if it is good quality
and of a sufficient quantity.
Hoag requested the Health Department to review the well standards.
Brown questioned whether the investigation would include information about the length
of residency of the people in the study. Benjamin stated that they will get into every factor that
could be an effect. They developed the survey form in conjunction with the DOH.
Delahunt stated that they are operating under an interim water availability policy. She
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wanted the Council to review that policy and create an ordinance.
Hoag stated that there hasn't been a confirmed direct correlation between water problems
and the leukemia, but it needs to be investigated. She supported the resolution, with the two
modifications that were suggested earlier.
Brown was concerned that the rate quoted in the petition, 42 cases out of 100,000 people,
was misleading. Delahunt stated that it was, there are not 100,000 children in the north County
area. However, the rate was accurate.
Hoag questioned whether the ATSDR survey is trying to determine the source of the
leukemia or the effects that the contaminants in the groundwater are having on people.
Benjamin stated that they would look at all of the potential health effects.
OTHER BUSINESS
ADJOURN
The meeting was adjourned at 12:53 p.m.
Jill Nixon, Recording Secretary
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Connie Hoag, Council Member
Natural Resources Minutes, 4/21/98, Page 6