HomeMy WebLinkAboutNatural Resources June 16 19981
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WHATCOM COUNTY COUNCIL
Council Natural Resources Committee
June 16, 1998
The meeting was called to order at 11:04 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
1. DRAYTON HARBOR SHELLFISH PROTECTION DISTRICT STATUS
REPORT AND RECOMMENDATIONS PREPARED BY THE DRAYTON
HARBOR SHELLFISH PROTECTION DISTRICT ADVISORY COMMITTEE
(AB98 -185)
Regina Delahunt, Health and Human Services Environmental Health Services Manager,
gave a presentation regarding the status report for the Drayton Harbor Shellfish Protection
District Committee. The presentation included accomplishments made to date, objectives that
the Committee has put together, as well as recommendations. The background includes the 1995
State Department of Health (DOH) downgrade of the commercial shellfish growing beds, the
State Department of Ecology (DOE) initial closure response strategy, and the establishment of
the Protection District and the Advisory Committee. The current status of shellfish growing in
Drayton Harbor is as follows: from October 1996 to April 1997, commercial oysters were
relayed to the approved area from the restricted area. Commercial harvesting was discontinued
in April 1997. Tribal shellfish beds and recreational beds continue to be impacted by pollution.
Tribal beds are in an improved system. DOH has a warning system to alert residents of a
contamination. Fecal coliform is rising in certain areas that may be downgraded. The DOH
Shellfish Program has reduced sampling frequency because no improvements have been
observed.
There were six major pollution sources listed by DOH, including failing on -site septic
systems, problems with the City of Blaine sewage treatment plant, stormwater run -off,
agricultural practices, the marinas in Blaine and Semiahmoo, and fish processing waste water.
Natural Resources Committee, 6/16/98, Page 1
I The goal for the program is to upgrade the shellfish harvesting status in Drayton Harbor.
2 Two things have to be accomplished. One is that water quality has to improve. They also have to
3 demonstrate on the ground improvements. For example, they must demonstrate that the failing
4 on -site septic systems (OSS) have been repaired.
5
6 Many tasks have been accomplished, including OSS repairs, the Blaine sewer line repair,
7 the north Blaine sewer collection system upgrade, marina pump out station improvements, farm
8 best management plans have been implemented on the farms, much education has been done, and
9 there is continued monitoring in the harbor and its tributaries.
10
11 The Advisory Committee created an upgraded implementation strategy. There are seven
12 recommended objectives in that strategy. Objective 1 is to establish a coordinated water quality
13 program, including tasks such as updating appointments, roles, and responsibilities of the
14 committee, convenient meetings with an implementation work group, and to obtain grants and
15 dedicated funding for program implementation.
16
17 Objective 2 is to identify pollution sources and conduct a TMDL (total maximum daily
18 load) study. This is not scheduled until the year 2009. They would like to see a coordinated
19 program to identify pollution sources and track water quality changes.
20
21 Objective 3 is to control OSS sources. Tasks include assurance of repair of failing OSS,
22 designate Drayton Harbor as an area of special concern to allow special requirement of
23 monitoring of septic systems if necessary; and to institute a low interest loan program to repair
24 failing OSS. The Health Department is on the approved list for such a program.
25
26 Objective 4 is the control of storm water. They need to identify sources impacting
27 drainage. There are high fecal coliform counts. Also, there should be DNA testing of fecal
28 contamination. In addition, they need to identify effective treatment measures for some of the
29 stormwater.
30
31 Objective 5 is control of municipal sewage sources. Tasks include completing sewage
32 treatment plant (STP) upgrades and also investigation of the STP outfall location in the harbor.
33
34 Objective 6 is agricultural sources. They need more technical and financial assistance to
35 be provided to farms. The County needs to implement and enforce the Critical Areas Ordinance
36 (CAO) relating to agricultural sources and other clean water regulations by other agencies.
37
38 Objective 7 is marina and boating sources. Tasks correlate commercial activities with
39 monitoring. There is no record of what activities are occurring during the monitoring period.
40 They also need a marine sanitary device survey to ensure boats have approved sanitary devices.
41 They would like to coordinate sampling for better source identification instead of sampling on a
42 routine basis.
43
44 Delahunt stated that the following are actions that the committee would like to see the
45 County take in relation to Drayton Harbor. Action 1 is that the County should designate a lead
Natural Resources Committee, 6/16/98, Page 2
I agency and staff to oversee Shellfish Protection district programs that are coordinated with other
2 shellfish protection districts. Action 2 would be to develop mechanisms for reliable funding for
3 shellfish protection districts. Grant money has been received intermittently. Action 3 would be
4 to update appointments to Committee. Action 4 includes the Drayton Harbor Protection Plan be
5 included in the Shellfish Protection District ordinance, as the Portage Bay ordinance is. Action 5
6 would extend the sunset date to December 31, 2000.
7
8 Brown asked for clarification about the 30 consecutive months of clean testing required
9 to not be downgraded. Delahunt stated it is 30 consecutive tests. Brown stated that they should
10 increase the testing.
12 Delahunt stated that the County must assume the lead role in supporting the Protection
13 District.
14
15 Hoag asked about the testing, which shows that the quality is going down in spite of what
16 has been done. Also, the Board of Health approved the enforcement policy.
17
18 Chuck Benjamin, Health and Human Services Director, stated the on -site septic system
19 enforcement policy was approved. It was approved at the Board of Health meeting in January.
20
21 Delahunt stated that there is a specific internal procedure for repairing a system once it
22 has been found to be failing.
23
24 Hoag questioned whether the Blaine Sewage Treatment plant flow exceeded the average
25 design flow.
26
27 Margaret Cardell, Drayton Harbor Shellfish Protection District Advisory Committee,
28 stated that the State Department of Ecology (DOE) has permits set up so they meet the permit if
29 there is an average flow. An average consists of high flow amounts and low flow amounts.
30 There are times when the average is over the design flow. DOE is not upset as long as the
31 average is met. Exceeding the amount meant that more water was being run through the system
32 than what it was designed for.
33
34 Hoag was concerned that the average amount was set too high in order to allow for
35 continuous compliance. Cardell stated that if overflow occurs during a flood tide, then it takes 4-
36 5 hours for that to reach the harbor mouth. Drayton Harbor has an aggregate pollution problem.
37 They should be looking for all the pollution in the aggregate. The Advisory Committee has tried
38 to address this to the DOE.
39
40 Hoag questioned when the permit expires.
41
42 Geoff Menzies, Drayton Harbor Shellfish Protection District Advisory Committee, stated
43 that the permit expiration needs to be clarified. They are permitted for an average of 800,000
44 gallons per day. There has been reduction in flows to the treatment plant. Averages don't cause
45 pollution. Violations of fecal content occur at both high and low flow times. Stormwater
Natural Resources Committee, 6/16/98, Page 3
I overflows on Marine Drive happen due to pipes that are too small. Overflows discharge in the
2 Semiahmoo Bay. When those occur, that is clearly an indication that there is too much in -flow
3 and infiltration into the system. On many occasions when those overflows have occurred, there
4 has been no enforcement from DOE. Every time there is an overflow, a report is filed to DOE
5 by the City of Blaine.
6
7 Dick Grout, DOE, stated that the operators are required, when there is an overflow, to
8 report the overflow. DOE evaluates it. State law and regulation regulate how it is evaluated.
9 There is an established protocol that must be followed when an overflow occurs.
10
11 Hoag questioned whether the permit could be changed if it allows too much pollution.
12 Grout stated that the reason permits expire and can be renewed is to review status. The Blaine
13 permit may expire in the year 2002.
14
15 Hoag questioned whether the replaced sewer line resolved the Marine Drive overflows.
16 Menzies stated that the main was expanded from 12" to 14" following last spring's overflows.
17 The main that runs along Marine Drive has been upgraded. There was so much in -flow and
18 infiltration coming into the system that it would hydraulically overflow the pipes at Marine
19 Drive. Even if the pumps were working fully, the overflow has to go somewhere. One of the
20 issues with the permit is that combined stormwater and sewer overflow (CSO) is considered in
21 the permit, but DOE does not consider this issue a CSO. It is definitely an overflow of sewer
22 and stormwater that is combined.
23
24 Steve Hood, DOE, stated that they project no significant overflows on Marine Drive
25 since the larger pipe along Marine Drive was installed.
26
27 Hoag asked the DOE and Advisory Committee to get back to the Natural Resources
28 Committee if it is still a problem.
29
30 Cardell stated that she kept track of the overflows and needs help from the County Health
31 Department.
32
33 Sutter asked about recommendation to provide permanent funding from low - interest loan
34 programs. Delahunt stated that the County was approved for that.
35
36 Hoag questioned whether the interest begins to accrue when approved. Delahunt stated
37 that the interest is charged to the people getting the loan.
38
39 Brown stated that there have been allegations made about the tidal flow bringing in fecal
40 coliform from White Rock, B.C. He questioned whether that had that been a consideration for
41 contamination. Menzies stated that there was a volunteer effort by the committee to look at a
42 study done in the 1970s. During spring flood tides, water moves out into the harbor rapidly. He
43 suggested that the outfall be moved out as far as possible and attempted to determine the outfall
44 location. He went to an international marker to try and do monitoring but wasn't successful in
45 determining what happens during a flood tide. This was done because it was suggested to be a
Natural Resources Committee, 6/16/98, Page 4
I problem. It needs to be monitored. A model shows that the worst case scenario is that, by the
2 time the waste stream reaches the mouth of the harbor, the level goes down to acceptable levels
3 for harvesting. With the plant upgrade underway, there needs to be a re- design considered or
4 possible relocation as a source to open up recreational beds in Semiahmoo Bay.
5
6 Sutter stated that there needs to be studies to find out the sources. Menzies stated that
7 they should support the TMDL studies.
9 Hoag asked Menzies to clarify the studying of the flow he had done, the professor that
10 did the study, and the TMDL study. She questioned whether it goes out to international areas.
11
12 (Clerk's Note: End of tape one, side A.)
13
14 Hoag questioned page 76 and the effluent from the Blaine Sewage treatment plant and
15 ineffective chlorination. She questioned whether there is a system set up to control that. Cardell
16 stated that they are changing from a chlorination process to an ionization process at the Blaine
17 sewer treatment plant.
18
19 Sutter asked about the problem of exceeding capacity and sewerage not being properly
20 treated. She questioned whether this is the same event as the chlorination not being effective.
21 Grout stated that chlorination is part of their monitoring requirement.
22
23 Hoag asked about the amounts of fecal coliform contamination in the different areas.
24 Planning staff stated that the recommendation is to focus closer on these types of issues. They
25 would like to look at that.
26
27 Menzies stated that a storm drain north of Cain Creek has heavy flows. That pipe may be
28 a 2 -foot culvert. The treatment plants deal with 400,000 gallons to 2 million gallons per day. A
29 TMDL study would answer all these questions. It would place limits on what is allowable in
30 terms of fecal contamination from various sources. It would establish standards. The DOE is the
31 only agency that has loading data estimates. Western Washington University may also have
32 some data. They need interpretive help from DOE. Western has done studies on various creeks.
33
34 Hoag stated that she would like to know the impacts of the violations done by farming
35 and would like to see the data to determine how much of the contamination is coming from
36 which sources. Menzies stated that the DOH identified the sources that are responsible for the
37 shellfish classification in Drayton Harbor. As a priority, the drainage for the City of Blaine
38 needs to be dealt with. They need to have the contamination sources prioritized. The TMDL
39 study will provide that information.
40
41 Hoag asked about the contributing factor for contamination at the storm drain north of
42 Cain Creek.
43
44 Beth Marcy, Planning and Development Services, responded that they have done
45 sampling at the outfall locations. With the City of Blaine, they've moved up a lot of the storm
Natural Resources Committee, 6/16/98, Page 5
I drain. They've tried to pinpoint the sources that enter the system. There are spikes in the system
2 as they move upstream. They do know that the source is potentially within the City of Blaine
3 stormwater and sewage collection system. The TMDL study would take a look at that.
4
5 Sutter asked about the sampling done by DOH in the past. No testing has been done in
6 nearly two years. In those two years, Blaine has made a lot of improvements. Cardell stated the
7 DOH has done a few samples.
8
9 Menzies stated that DOH has done some extra sampling. The City of Blaine should be
10 responsible for the monitoring. The City of Blaine has not been very involved. They do not
11 have a representative on the Advisory Committee. There are numbers from October/November
12 that document that the drainages are problematic.
13
14 Sutter stated that if improvements are done, monitoring should be done to evaluate the
15 improvements.
16
17 Brown stated that the Port of Bellingham has done intensive work on their marina
18 project. He questioned whether their documentation and studies are being reviewed. Marcy
19 stated that the Port is involved on the Advisory Committee. The Port received their permit for
20 the expansion. It will involve an extensive monitoring program that will be under way in the
21 next few months. There has not been much coordination with their monitoring information.
22
23 Brown questioned whether the project on page 77, item #4, has any effect on the three
24 drainages. Cardell stated there will be an impact. When it is done, they will be able to measure
25 the difference in the loading at the plant.
26
27 Brown asked about capping a four -inch outfall in the marina area. Menzies stated that it
28 was put in to service a large boat at the dock. It probably contributed to pollution in the Bay.
29
30 Hoag asked when it was capped. Menzies stated that it was at least a couple of year ago.
31
32 Hoag asked about the Port commercial activities outlined on page 78. 75% of samples
33 exceed the standards. She would like to see something done about that. Also, regarding the
34 marine sanitary device (MSD) survey, she questioned whether there is a mechanism for that
35 activity. Marcy stated that the Port is trying to identify the MSD of the people living aboard
36 their boats in the marina.
IFA
38 Menzies stated that most of the fishing boats do not have a collection tank or toilet. They
39 could instigate a program to require that people with toilets use dye tabs.
40
41 Hoag asked if there is enforcement. Cardell stated that the Port feels that enforcement on
42 live - aboards is difficult legally. There is no one to do enforcement.
43
Natural Resources Committee, 6/16/98, Page 6
I Menzies stated that it is the commercial portion of the marina that consistently violates
2 the standards, not the recreational. Commercial includes fishing boats and fish processors. The
3 Port follows up on them.
4
5 Marcy stated that currently the fish processors share a general permit for their discharge.
6 Planning and Development Services has coordinated with them to do sampling of the outfall of
7 the wastewater stream, which discharges into Semiahmoo, close to the mouth of the Harbor.
8 They have been documented the elevated pollution sources from that outfall. It is unknown as to
9 actual source, be it human or animal. Their permit is under review. A fecal coliform parameter
10 should be included in the permit.
11
12 Grout stated that DOE has done a lot of testing with the cooperation of the operators.
13 They cannot find out what is going on.
14
15 Claire Cedebaka, Nooksack Tribe, stated that item #9 of the report, above the
16 recommendations, says the Port developed a program to monitor surface water within Blaine
17 Harbor. Pollution was coming in at 15 — 25 feet below the surface. One of the recommendations
18 should be that surface water should not be the only water tested.
19
20 Menzies responded that document was about the length of time that the stream of water
21 took to get to the Harbor.
22
23 Sutter stated that that study is to identify whether the source is human, animal, or bird,
24 not to say what the direction it comes from.
25
26 Marcy stated that the Port's monitoring program is within the marina area. The City
27 study is on the stormwater. The City is spending just under $300,000. On -going monitoring will
28 be starting and a lead agency is needed to coordinate and pull the data together.
29
30 Menzies stated that the DOH is doing a fecal strep ratio to determine fecal origin. DOH
31 had little confidence that anything of value would be determined. The study is to determine
32 whether the origin is human or animal and to document the consistent levels that are going into
33 the marina. The City of Blaine is not going to get a source out of their outfall testing.
34
35 Sutter asked about accomplishments on page 82 of the packet and questioned whether the
36 results are available of the water quality sampling. Cardell stated that there is no one to
37 coordinate the studies.
38
39 Hoag asked about the recommendation to get County staff to meet with other agencies,
40 on page 83. Menzies stated the Health Department would be most appropriate and the most
41 responsive.
42
43 Brown stated that septic tanks contribute a significant portion of the pollution problem.
44 Delahunt stated that there are so many sources of pollution, it is a complicated problem. They
45 need to evaluate all the sources.
Natural Resources Committee, 6/16/98, Page 7
2 Delahunt stated that there are so many problems, they won't find only one source. They
3 have to look at all of the sources and fix whatever can be fixed.
4
5 Cardell stated that the State is not doing monitoring and there is no way to know the
6 current data of the creeks flowing into the harbor. The stuff from the marina is what is getting
7 worse. There have not been testing on the 18 sites other than the marina in over a year. Only
8 five sites at the marina have been tested.
9
10 Don Lennartson, DOH Shellfish Division, stated that they are under constraints,
11 including the National Shellfish Sanitation Program (NSSP). They are required to sample
12 improved areas six times a year. The improved areas in Drayton Harbor are stations 3, 5, and 12.
13 Under the conditions of the program, that is all they are required to do. He personally asked the
14 monitoring people to monitor stations 4, 6, and 8. Also, they sampled five stations in the area
15 immediately around the marina. They have consistently gotten elevated levels at those stations,
16 which should not have any contamination. The numbers have been 250 — 350. They don't
17 sample every station in the Harbor monthly is because there are 14 counties to test in. If they
18 feel there is nothing being done in the way of corrective action, then they see no reason why they
19 should expend resources in that area. It is a budgetary constraint. If they get information that
20 corrections are being made on shore, then they will be the first ones to begin sampling.
21 Regarding DNA testing, it is not worthwhile.
22
23 The DOH always looks for adverse conditions such as rainfall and tides. The adverse
24 tide condition is a flood tide. They expected Dakota and California Creeks to be the main
25 sources, along with any failing systems. Also, there is a situation around the area of the
26 commercial marina. A potential source is the submarine pipe, which goes under the Harbor.
27 The pipe was not supposed to have joints, but it does, and the segmented pipe could have 40 or
28 50 joints. The City of Blaine, under a DOE permit, installed it. This pipe is a force main and is
29 entirely untreated human sewage.
30
31 Brown questioned whether the pipe had any special bedding. Lennartson stated that the
32 committee would have to meet with someone from the City of Blaine to discuss this issue.
33
34 (Clerk's Note: End of tape one, side B.)
35
36 Lennartson continued to state that everyone likes to have more monitoring done so it
37 appears something has been accomplished, what needs to be done is corrective action. He will
38 take a letter from this meeting to his office and will discuss what is being done during a staff
39 meeting.
40
41 Brown questioned what needs to be done to find out if the pipe is leaking. Lennartson
42 stated that there is only one other submarine pipe that carries untreated human sewage. It is in
43 the City of Poulsbo. They have two pipes. They run one pipe for a week, while cleaning out and
44 pressure- testing the other pipe. They are constantly aware of whether or not those pipes are
45 intact. That ought to have been done in this case. This pipe, more than any other source, the
Natural Resources Committee, 6/16/98, Page 8
I possibility of a lot of untreated human sewage going right into the mouth of the Harbor. During
2 a flood tide, that could be a disaster.
3
4 Sutter stated that they created a lot of this problem by closing off the mouth of the
5 Harbor. There is not a fix for that.
6
7 Hoag questioned task number two under objective three regarding the County
8 development of a county wide on -site septic (OSS) operation and interlocal agreement with the
9 City of Bellingham. She had not been aware that the money had been allocated at this time. She
10 would not like to see a county wide program. Delahunt stated that the interlocal agreement with
11 the City of Bellingham initially focused on Lake Whatcom. They have agreed that the County
12 could utilize that money.
13
14 Hoag stated that she would like the focus to be solely on Drayton Harbor, not a
15 Countywide OSS program.
16
17 Hoag also questioned whether the City of Blaine timeline is still correct to complete their
18 sewage treatment programs by May 2000.
19
20 Hoag stated that task 3 provided technical assistance to small, non - commercial farmers
21 and landowners to develop conservation plans. The source will be $40,000 per year from the
22 County. She questioned how big of a contributor are the small commercial farmers and
23 landowners and whether the County should spend $40,000 on that at this point. She would like
24 to put the money where it needs to be placed and be most effective.
25
26 George Boggs, Whatcom Conservation District, provided a handout on the Centennial
27 Clean Water grant fund. It provided most of the funding for that task. This proposal was for
28 both Portage Bay and Drayton Harbor. There are numerous small farms throughout both areas
29 that are likely to be significant contributors. The District would be able to supply the matching
30 funds for the small farmer. They are not looking to draw from the County budget. It is
31 anticipated that the funding will come from the Centennial Clean Water fund.
32
33 Claire Cedabaca, Nooksack Tribe, stated that the Nooksack Tribe went to the DOE tribal
34 conferral meeting on the current 303D listing. They recommended that the TMDL on Drayton
35 Harbor be moved up in time. If the County also makes that recommendation, it will add weight
36 to getting the TMDL moved forward. The Lummi Nation will support it also.
37
38 The committee concurred.
39
40 Brown moved to send a letter to the DOE concerning the 303D listing and that the TMDL
41 study on Drayton Harbor be moved up to as soon as possible.
42
43 Motion carried unanimously.
44
Natural Resources Committee, 6/16/98, Page 9
I Sutter moved to send a letter to the State Department of Health, which would include a
2 list of the work that has been done and the accomplishments that have been made, to request
3 expanding the monitoring and more frequent testing.
4
5 Motion carried unanimously.
6
7 Boggs stated that their needs to be a working group to move past the strategies for
8 Portage Bay. The County needs to appoint a lead department. The Centennial funds are not
9 going to be available until October. He suggested the creation of an Advisory Committee for
10 Portage Bay, or combining the Portage Bay and Drayton Harbor Shellfish Protection Districts. If
11 the districts were combined, the work would not be duplicated.
12
13 Hoag stated that she preferred to keep the advisory committees separate so that each
14 district can represent their own interests, but they could combine the two districts.
15
16 Delahunt recommended that the Council ask the administration to appoint a lead County
17 department for shellfish protection.
18
19 Hoag moved to ask administration to appoint a lead County department for the shellfish
20 protection districts.
21
22 Motion carried unanimously.
23
24 Menzies questioned whether the $60,000 from the Centennial Clean Water Fund has been
25 awarded. Boggs responded that the Centennial Grant was tentatively approved. It is subject to a
26 public comment period. It is going to go through the process. They should know by August who
27 is on the final list. DOE will then send a letter offering funding.
28
29 Menzies questioned whether that funding would provide staff for the Advisory
30 Committee, beyond what they currently have. Boggs stated that there is an additional $20,000
31 match required to hired a staff person. That is in the budget.
32
33 Hoag questioned whether it would be for both Portage Bay and Drayton Harbor. Boggs
34 stated that one staff person on both the strategies would give adequate resources.
35
36 Menzies suggested sending a letter to the Drayton Harbor Shellfish Protection District
37 Advisory Committee members asking if they wish to remain on the committee. Some of the
38 members are not involved.
39
40 Brown stated that request for information should come from the Council.
41
42 Hoag stated that the Council will send a letter to the Advisory Committee members.
43
44 Stewart Glaciou, Puget Sound Water Quality Action Team, stated that the issues are
45 overwhelming. He thanked the committee for keeping this going.
Natural Resources Committee, 6/16/98, Page 10
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ADJOURN
The meeting adjourned at 1:10 p.m.
Jill Nixon, Recording Secretary
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Connie Hoag, Council Member
Natural Resources Committee, 6/16/98, Page 11