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HomeMy WebLinkAboutord2017-010strikeWHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017 -053 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi gned to: Originator- MK 212212017 (� (� (� j� (� p D l 1 �C `lam L,C v 3/7/17 Introduction Division Head: JW 2/22/2017 3/21/17 Hearing FEB 2 8 2017 Dept. Head: RD a12311-) WHATCOM COUNTY COUNCIL Prosecutor: RB 3 _8_�? PurchasinglRudget: Executive: o TITLE OF DOC NT.- Minor Amendment to WCC 24.05 On -site Sewage System Regulations, Section 160 — Operation and maintenance. ATTACHMENTS. Staff Memorandum Draft Ordinance Exhibit A: Proposed WCC 24.05 amendment SEPA review required? (x ) Yes ( ) NO Should Clerk schedule a hearing? (x ) Yes ( ) NO SEPA review completed? (x) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Whatcom County Code 24.05 On -site Sewage System Regulations requires a minor amendment to section .160 — Operation and maintenance. The amendment requires homeowners found to have submitted a false report in which an O &M evaluation was not completed or the system status was misrepresented when in fact it is in failure must have all subsequent O &M evaluations completed by a licensed O &M specialist. WCC 24.05 is adopted by reference in the County Comprehensive Plan; therefore an amendment to WCC 24.05 is also an amendment to the Comprehensive, COMMITTEE ACTION.- COUNCIL ACTION.• 3/7/2017: Introduced 7 -0 3/21/2017: Adopted 7 -0, Ord. 2017 -010 Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Ord. 2017 -010 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wauslcouncil. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 PROPOSED BY: HEALTH INTRODUCTION DATE: 3/7/2017 ORDINANCE NO. 2017-010 MINOR AMENDMENT TO WHATCOM COUNTY CODE 24.05 ON -SITE SEWAGE SYSTEM REGULATIONS WHEREAS, an October 6, 2016 Washington State Supreme Court decision (Whatcom County, Hirst vs. Western Washington Growth Management Hearings Board, No 91475) has found that Whatcom County's Comprehensive Plan does not comply with the Growth Management Act (GMA) requirements to protect water quality; and WHEREAS, RCW 36.70A.070(5)(c)(iv) requires that the rural element of a county comprehensive plan "shall include measures that apply to rural development and protect the rural character of the area, as established by the county, by:... protecting critical areas ... and surface water and groundwater resources. "; and WHEREAS, on March 25, 2008, the Whatcom County Board of Health adopted amendments to WCC 24.05 providing the ability for homeowners to perform their own on -site sewage system evaluations; and WHEREAS, Whatcom County adopted Ordinance 2012 -032, amending its Comprehensive Plan to adopt by reference existing regulations to protect critical areas and surface water and groundwater resources, adding Policy 2DD- 2.C.2, which adopts by reference WCC 24.05; and WHEREAS, because Comprehensive Plan Policy 2DD -2.C.2 adopts by reference WCC 24.05, any amendment to WCC 24.05 is also an amendment to the Comprehensive Plan; and WHEREAS, the Growth Management Hearings Board (Board) found the amended Comprehensive Plan lacked the required measures to protect surface and groundwater quality (GMHB Case No. 12 -2- 0013); and WHEREAS, on October 6, 2016, the State Supreme Court (Court), in reversing a Court of Appeals decision, upheld the Board's decision that the County's Comprehensive Plan does not satisfy the GMA requirements to protect water quality, and stated, "In essence, the Board ruled that the County's current inspection system policies were flawed and that continuing to rely on this flawed system would not protect water quality in the future. ...We therefore reverse the Court of Appeals and hold that the Board applied proper legal standard and analysis in concluding that the County's rural element policy does not comply with the GMA. "; and WHEREAS, in response to the Court's decision, additional assurance of proper homeowner inspection is necessary; and WHEREAS, in response to the Court's decision, homeowners found to have submitted a false report in which an evaluation was not completed or the system status was misrepresented when in fact it is in failure will be required to have Page 1 1 2 3 4 5 6 7 8 10 11 29 subsequent evaluations performed by an operation and maintenance professional licensed by the Health Department; and WHEREAS, the proposed amendment to WCC 24.05.160 as outlined in exhibit A of this ordinance, provides necessary language to implement this; and NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Board of Health, that the WCC 24.05 and the Whatcom County Comprehensive Plan are hereby amtiwd6d'bY outlined in Exhibit A. :'•kd0 � sC-Aay of March 2017 `) WHATCOM BOARD OF HEALTH A "0 Z TCOM TY WASHINGTON A Dana Bpwn- Dawns; Clq.rk 9-f -the Council a y uchanan, Chair WHATCOM COUNTY EXECUTIVE APPROVED A O F Royce Bucl ham, Civil Deputy Prosecutor Page 2 WHATCC UNTY, 'SHINGTON Jack Louw j, County-ZzeAutive XApproved ( ) Denied Date Signed: g J -7 EXHIBIT A TITLE 24 HEALTH CODE Chapter 24.05 On -Site Sewage System Regulations 24.05.160 Operation and maintenance. A. The OSS owner is responsible for properly operating, monitoring and maintaining the OSS to minimize the risk of failure, and to accomplish this purpose shall: 1. Obtain approval from the health officer before repairing, altering or expanding an OSS; a. All systems which were legally permitted at time of installation and which are not currently functional due to failing and /or broken component parts will be allowed to be repaired to functionality. Also see WCC 24.05.090(C); 2. Secure and renew contracts for periodic maintenance where required by the WCHD; 3. Obtain and renew operation permits if required by the WCHD; 4. Assure a complete evaluation of the system components and /or property to determine functionality, maintenance needs and compliance with this chapter and any permits. A report of system status shall be completed at the time of the evaluation and submitted to the WCHD; 5. Assure subsequent evaluations of the system components and /or property are completed as follows: a. At least once every three years for all systems consisting solely of a septic tank and gravity SSAS; b. Annually for all other systems unless more frequent inspections are specified by the health officer; 6. Employ an approved pumper to remove the septage from the tank when the level of solids and scum indicates that removal is necessary; 7. Provide maintenance and needed repairs to promptly return the system to a proper operating condition; 8. Protect the OSS area and the reserve area from: a. Cover by structures or impervious material; b. Surface drainage and direct drains, such as footing or roof drains. The drainage must be directed away from the area where the OSS is located; c. Soil compaction, for example by vehicular traffic or livestock; and d. Damage by soil removal and grade alteration; 9. Keep the flow of sewage to the OSS at or below the approved operating capacity and sewage quality; 10. Operate and maintain systems as directed by the health officer; 11. Request assistance from the health officer upon occurrence of a system failure or suspected system failure; 12. Ensure that a current report of system status by a licensed O &M specialist is on file with WCHD when a property with an OSS is offered for sale; 13. At the time of property transfer, provide to the buyer a copy of the current report of system status on file with the Whatcom County health department, and any available maintenance records, in addition to the completed seller disclosure statement in accordance with Chapter 64.06 RCW for residential real property transfers. B. OSS owners may perform their own OSS evaluation in accordance with subsection C of this section except for the following: 1. OSS technologies that are listed as proprietary on the Washington State DOH list of registered on -site treatment and distribution products where the contract with the private proprietary manufacturer prohibits homeowner evaluations; 2. Community drainfields; 3. Nonconforming replacement systems that do not meet vertical and horizontal separation installed as a result of a system failure; 4. OSS serving food service establishments. C. OSS owners who choose to perform their own evaluations shall complete O &M homeowner training as approved by the health officer. Upon completion of training, OSS owners may perform their own evaluations until property transfer. In cases of hardship, the health officer may approve the homeowner's selection of a designee who has completed the appropriate class to perform the evaluation. If OSS owners are discovered to be noncompliant with this section, the health officer may proceed with legal remedies in accordance with Chapter 24.07 WCC. 1. OSS owners found to have submitted a false report in which an evaluation was not completed or the system status was misrepresented when in fact it is in failure shall have their homeowner certification revoked and must have all subsequent evaluations performed by a licensed O &M specialist. 2. The health officer shall perform random audits of homeowner evaluations to ensure compliance._ OSS evaluations must be completed by a licensed O &M specialist if the OSS owner does not permit an audit inspection. D. Persons shall not: 1. Use or introduce strong bases, acids or chlorinated organic solvents into an OSS for the purpose of system cleaning; 2. Use a sewage system additive unless it is specifically approved by WDOH; or 3. Use an OSS to dispose of waste components atypical of residential wastewater. E. The health officer shall require annual inspections of OSS serving food service establishments and may require pumping as needed. (Ord. 2010 -009 Exh. A; Ord. 2008 -015 Exh. A; Ord. 2006 -056 Exh. A).