HomeMy WebLinkAboutNotice of Public Hearing re: Clean Water District Amendment to Ordinance - 072125 Please publish 1 time: Wednesday,July 23,2025
Contact Person: Michael Dawson, Water Quality Manager
Bill to: Jefferson County Public Health
615 Sheridan St
Port Townsend, WA 98368
NOTICE OF PUBLIC HEARING
In the Matter of Amending Section 8.65.090 Annual Fee and 8.65.100 Certain Parcels Exempt
From Fee in the Jefferson County Clean Water District, Chapter 8.65 of the Jefferson County
Code(JCC)
NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County Board of
Health for Monday,August 11,2025 at 10:15 a.m. in the Commissioners' Chambers, County
Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368 (HYBRID).Notice of said hearing is to be
published in the official newspaper of Jefferson County.
The purpose of this ordinance is to amend Section 8.65.090 Annual Fee and 8.65.100 Certain Parcels
Exempt From Fee in the Jefferson County Clean Water District, Chapter 8.65 of the Jefferson County
Code (JCC)to account for the addition of the new Port Hadlock Urban Growth Area Sewer System
connection fee so those same Jefferson County property owners will not also be subject to the Clean
Water District annual fee.
The information is available for viewing on the County website by visiting:www.cojefferson.wa.us and
follow this pathway—Services—Laserfiche Web Portal (username and password is: public) -Board of
Commissioners—BOCC Agenda Packets—2025 Weekly Agenda Items—08 August 2025—081 125—
HEARING re: Clean Water District.
You are welcome to participate in this hearing. You will need to join the meeting by 10:15 a.m. using the
following methods: VIRTUALLY: Via the following Zoom, link: https://zoom.us/j/93777841705,
PHONE: Dial 1-253-215-8782 and enter access code: 937-7784-1705#and press *9 to"raise your
hand"to be called upon.Access for the hearing impaired can be accommodated using Washington Relay
Service at 1-800-833-6384,or IN-PERSON at the address listed above.
In addition,written testimony is also invited beginning on July 21,2025,and ending on August 11, 2025,
at the end of the Public Hearing,unless extended by the Board of County Commissioners. Written public
testimony may be submitted by Email to:jeffbocc@cojefferson.wa.us You may view documents and
testimony received by visiting:www.cojefferson.wa.us and following this pathway—Services—
Laserfiche Web Portal (username and password is: public)—Board of Commissioners—BOCC Agenda
Packets— 2025 Weekly Agenda Items—08 August 2025 —081 125—HEARING re: Clean Water
District.
You can also Mail your testimony to: Jefferson County Commissioners' Office; P.O. Box 1220, Port
Townsend, WA 98368. Written testimony must be received by the Board of County Commissioners by
the end of the hearing testimony period.
II ed thi 21'day of July,2025.
J. F /• ' S NCO TYUN
BOARD OF COMMISSIONERS
/S/Heidi Eisenhour,Chair
STATE OF WASHINGTON
County of Jefferson
In the Matter of Amending Sections 8.65.090
Annual Fee and 8.65.100 Certain Parcels ORDINANCE NO.
Exempt From Fee in the Jefferson County
Clean Water District,Chapter 8.65,of the
Jefferson County Code(JCC)
WHEREAS, Article XI, section 11 of the Washington Constitution, confers upon county
legislative authorities the police power to adopt such local police, sanitary and other regulations
as are not in conflict with general laws; and
WHEREAS, Article XI, section 11 of the Washington Constitution is a direct delegation
of the police power to cities and counties, and the power delegated is as extensive within their
sphere as that possessed by the legislature; and
WHEREAS, police power is that inherent and plenary power which enables prohibition of
all things hurtful to the comfort, safety and welfare of society;and
WHEREAS, the scope of police power is broad, encompassing all those measures which
bear a reasonable and substantial relation to promotion of the general welfare of the people;and
WHEREAS,on October 17, 2007,the Jefferson County Board of County Commissioners
(BoCC) adopted Ordinance No. 08-1017-07, creating the Jefferson County Clean Water District,
codified as chapter 8.65 JCC, as required by Chapter 90.72 RCW; and
WHEREAS,pursuant to JCC 8.65.040,the legal boundaries of the Jefferson County Clean
Water District include all lands in eastern Jefferson County, including the City of Port Townsend,
as described by the Jefferson County Public Hospital District No.2 boundary; and
WHEREAS,on August 10,2009, BoCC adopted Ordinance No.07-0810-09,establishing
a stable funding source for the Clean Water District as authorized by state law and to promote the
general health, safety, and welfare of Jefferson County residents;and
WHEREAS, JCC 8.65.090 authorizes the collection of an annual fee to support the
work of the Clean Water District; and
WHEREAS, on April 28, 2014, BoCC adopted Ordinance No.03-0428-14, establishing a
new basic fee for most parcels;and
WHEREAS, on November 24, 2014, BoCC adopted Ordinance No. 11-1124-14 further
explaining which categories of parcels are exempt from payment of the Clean Water District fee;
and
Page 1 of 6
WHEREAS,on November 27,2023,BoCC adopted Ordinance No.06-1127-23,amending
8.65.090 Annual Fee for consistency with chapter 3.80 JCC County Department Fee Requirements
and Policies; and
WHEREAS,JCC 8.65.100 has an exemption to paying the annual fee required by JCC
8.65.090, which recognizes that it is not fair for property owners who are hooked up to a
public sewer system to pay the annual fee that supports the work of the Clean Water District
because releases of contaminants from the operation of on-site sewer systems otherwise
known as septic systems, are a primary cause of degradation of waters of the state;and
WHEREAS,the exemption in JCC 8.65.100 currently only applies to property owners
in the City of Port Townsend and the within the Port Ludlow Master Planned Resort; and
WHEREAS, at the time the Clean Water District was created; the only communities
with public sewer systems were the City of Port Townsend and the Port Ludlow Master
Planned Resort;and
WHEREAS,two new public sewer systems are contemplated,the Port Hadlock Urban
Growth Area Sewer System, which is now being built, and the Pleasant Harbor Master
Planned Resort public sewer system,which is contemplated; and
WHEREAS,the exemption in JCC 8.65.100 is referenced in chapter 8.15 JCC; and
WHEREAS,BoCC has determined that encouraging hook ups to public sewer systems
throughout Jefferson County would promote public health and protection of the environment;
and
WHEREAS, BoCC has determined it is in the best interest of Jefferson County to revise
the exemption currently in JCC 8.65.100 as is reflected in Appendix A,which has been revised to
mirror the exemption from on-site sewer systems in JCC 8.15.055(7);
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF JEFFERSON COUNTY, STATE OF WASHINGTON, AS
FOLLOWS:
Section 1. Whereas Clauses are Findings of Fact. The Board of County Commissioners of
Jefferson County hereby adopts the above"Whereas" clauses as Findings of Fact supporting this
Ordinance.
Section 2.Purpose.The purpose of this ordinance is to amend sections 8.65.090 and 8.65.100 JCC
to account for the addition of the new Port Hadlock Urban Growth Area Sewer System connection
fee, as well as other future approved sewer systems, so Jefferson County property owners who
hook up to approved sewer systems will not continue to also be subject to the Clean Water District
annual fee.
Section 3. Amendment to JCC 8.65.090 and JCC 8.65.100. Sections 8.65.090 and 8.65.100 JCC
are hereby amended as reflected in Appendix A.
Page 2 of 6
Section 4. Severability. If any section, subsection,sentence,clause,phrase of this ordinance or its
application to any person or circumstance is held invalid, the remainder of this ordinance or its
application to other persons or circumstances shall be fully valid and shall not be affected.
Section 5. SEPA. Categorical Exemption. This ordinance is categorically exempt from the State
Environmental Policy Act under WAC 197-11-800(19).
Section 6. Effective Date. This ordinance shall take effect and be in full force upon passage by
the Jefferson County Board of Health.
(SIGNATURES FOLLOW ON NEXT PAGE)
Page3of6
APPROVED and ADOPTED this day of ,2025.
JEFFERSON COUNTY BOARD OF COUNTY
SEAL: COMMISSIONERS
Heidi Eisenhour,Chair
Greg Brotherton, Member
Heather Dudley-Nollette, Member
ATTEST: APPROVED AS TO FORM:
Carolyn Gallaway,CMC Date Philip C. Hunsucker, Date
Clerk of the Board Chief Civil Deputy Prosecuting Attorney
Page 4 of 6
•
APPENDIX A
Sections 8.65.090 and 8.65.100 JCC are amended as shown in the changes below:
8.65.090 Annual fee.
,
fee per assessor's parcel number ("APN") for all real property, except for parcels or lands
described in iCC Q 65 1 00 a pt fr-em ., obligation top the f e Fees f..« «t
e
adjusted annually, as specified in JCC 3.80.030. [Ord. 6 23 § 1; Ord. 11 14 § 11
(1) There is hereby established for the clean water district a financing mechanism, specifically a
fee per assessor's parcel number ("APN") for all real property, except for parcels or lands
described in JCC 8.65.100 as exempt from any obligation to pay the fee.
(2) Fees for nonexempt real property are adopted by resolution, pursuant to Chapter 3.80 JCC.
These fees shall be adjusted annually,as specified in JCC 3.80.030.
(3) The annual fee shall be collected via the property owner's property tax statement to implement
the requirements of this chapter.
(4) The director of the Department of Environmental Public Health and Water Quality shall
provide the county assessor and the county treasurer sufficient information to collect the annual
fee to implement the requirements of this chapter. The coordination required by this subsection
shall occur at least once annually before the deadline that county department's proposed
budgets shall be submitted for consideration by the board of county commissioners.
8.65.100 Certain parcels exempt from fee.
System shall not be subject to said fec. Lands classified as forest land under
Chapter 81 33 DCW and timber land . «.ler Chapter shall not be subject to said
pro«ert„ tax a ption . nder RCW 84 36 381 o January 1st of the tax shall not be
specified in this section, then the parcel shall be subject to said fee. [Ord. 11 14 § 2}
(1) The followingparcels shall be exempt from the annual fee required by JCC 8.65.090,provided
the property owner can demonstrate that at least one of the following exemptions apply to the
satisfaction of the health officer:
(a) Parcels that are exempt from taxation pursuant to chapter 84.36 RCW;
Page 5 of 6
(b) Parcels that are connected to an approved sewer system with a National Pollution
Discharge Elimination Permit(NPDES)t
(c) Parcels on forestland, as defined in RCW 84.33.035;
(d) Parcels on timberland,as defined in RCW 84.34.020;and,
(e) Parcels determined by the county assessor to qualify for a senior citizen or disabled persons
property tax exemption under RCW 84.36.381 on January 1st of the tax year.
(2) Documentation supporting any exemption may be required by the health officer.
(3) If any portion of a parcel does not satisfy an exemption criterion specified in this section,then
the parcel shall be subject to the fee required by JCC 8.65.090.
(4) To receive an exemption authorized by this section:
(a) The property owner shall submit to the department a completed application on a form
approved by the department. If submitted by April 30th,the exemption shall be considered
for the current year. If submitted after April 30th, the exemption shall be considered
commencing with the following year.
(b) For the exemption in subsection (1)(b), the property owner shall submit in addition to the
application required by subsection(4)(a),a sewer bill for the property showing an account
number and the sewer provider's contact information.
There are no other changes to chapter 8.65 JCC.
Page 6 of 6
JEFFERSON COUNTY ENVIRONMENTAL PUBLIC HEALTH FEE
EXEMPTION APPLICATION
Jefferson County makes every effort to maintain an accurate record of properties exempted from
fees. If you believe that your property qualifies for an exemption, please complete and submit
this form.
The property owner shall submit to the department a completed application on a form
approved by the department. If submitted by April 30th,the exemption will be considered
for the current year.If submitted after April 30th,the exemption will be considered
commencing with the following year.
Form processing may take up to four weeks. Submit one form per tax parcel.
Jefferson County tax parcel number/geo ID(9 digits):
The parcel number can be found on your tax statement, or look it up at
(gisweb.ieffcowa.us/LandRecords). For questions regarding your tax parcel number, please
contact the Assessor's Office at 360-385-9105 or visit www.co.jefferson.wa.us/151/Assessor.
CHECK ALL BOXES THAT APPLY TO YOU.
❑ I am applvina for an Operation and Maintenance (O&M) Annual Fee
Exemption pursuant to 8.15.055(7).
❑ a. The parcel is exempt from taxation pursuant to chapter 84.36 RCW;
❑ b. The parcel is connected to an approved public sewer system;
Attached is a sewer bill for the property showing an account number and the sewer provider's
contact information.
❑ c. The parcel is connected to a large On-Site Septic System (OSS)permitted by
Jefferson County's Department of Health,provided all components to include
septic tanks and pump chambers are managed and inspected by an approved third
party;
Attached is the contact information for the third party managing and inspecting the large OSS.
❑ d. No structure on the parcel is connected to a water supply and the parcel is not
capable of creating or discharging sewage;
O e. Parcels on forestland, as defined in RCW 84.33.035;
O f. Parcels on timberland, as defined in RCW 84.34.020; and
❑ g. Parcels associated with people who qualify for a property tax exemption under
RCW 84.36.381, due to being a senior citizen or have disabilities, as determined
by the Assessor's Office, on January 1st of the tax year.
1
❑ I am applying for a Clean Water District Annual Fee Exemption pursuant to
8.65.100.
❑ a. The parcel is exempt from taxation pursuant to Chapter 84.36 RCW;
❑ b. The parcel is connected to an approved sewer system with a National Pollution
Discharge Elimination Permit(NPDES);
Attached is a sewer bill for the property showing an account number and the sewer provider's
contact information.
❑ c. Parcels on forestland, as defined in RCW 84.33.035;
❑ d. Parcels on timberland, as defined in RCW 84.34.020;and,
❑ e. Parcels associated with people who qualify for a property tax exemption under
RCW 84.36.381,due to being a senior citizen or have disabilities,as determined by
the Assessor's Office, on January 1st of the tax year.
I understand that additional information may be requested in order to process my
application.
I declare under penalty of perjury under the law of Washington that the foregoing is true
and correct.
Signed on the day of
(day) (month and year)
at:
(city or other location,and state or country)
(printed name)
(signature)
Applicant's Contact Information
Mailing address:
Phone number:
Email address:
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` ._ � .� � Amendments to Clean
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Michael Dawson,
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#= "' = . . ,'�` , ' Environmental Public Health & Water Quality
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Clean Water District
Proposed Amendments
Agenda Public Process
Next Steps
Questions
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District
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August 11,2025 3
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Shellfish Protection Districts (RCW 90.72)
• 16 districts across 11 counties in WA iv,„,`;'
• ". . . shellfish harvesting is important to our economy and way of life."
• To be established in ". . . areas in which nonpoint pollution threatens the water quality
upon which the continuation or restoration of shellfish farming or harvesting is
dependent."
• Onsite septic systems
• Agricultural practices
• Stormwater
• Local health departments, conservation districts named as appropriate entities
• Ecology Centennial Clean Water Funds
doh.wa.govlcommunity-and-environmentlshellfishlgrowing-area-restorationlshellfish-protection-districts-library
Cp
Clean Water District
• Chapter 90.72 Revised Code of Washington (RCW) 'IS�riNC•C-
• Shellfish Protection Districts
F.:Ri 1t1KNS[NU `
• Chapter 8.65 Jefferson County Code (JCC) r
• Clean Water District '' «ROVRIO
• Established 2007 IhNV.CUTA.
• District boundaries (8.65.040) Jefferson County
Clean Water District
• East Jefferson County
• City of Port Townsend PopT F
• Hospital District No. 2
• Annual fee (8.65.090)
• Certain parcels exempt from fee (8.65.100)
• Clean Water District Advisory Council
• Created August 2011
• Clean surface water to protect the public
• Meetings Quarterly
August 11, 2025 5
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Clean Water District (8.65.010 Purpose)
The purpose of this chapter is to: isioNc;``,~
(1 ) Create a shellfish protection district as required by
Chapter 90.72 RCW.
(2) Establish the boundaries of the district.
(3) Establish a district name.
(4) Adopt a water quality improvement plan for Jefferson County.
(5) Adopt a nonpoint pollution plan for the Discovery Bay watershed .
(6) Establish a fee to fund the clean water district.
[Ord. 7-09 § 1 ; Ord. 8-07 § 1 ] 04110
August 11,2025 6
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Clean Water District Amendment History _J
Summary of Amendments to Clean Water District: `'""`'`�,
• Ordinance 08-1017-07 (October 2007) — Establishes Clean Water District.
• Ordinance 07-0810-09 (August 2009) — Establishes Annual Fee ($5 dollars
per parcel).
• Ordinance 03-0428-14 (March 2014) — Annual Fee Increase ($20 dollars
per parcel).
• Ordinance 11 -1124-14 (November 2014) — Clarifies 8.65. 100 Exemption
(Part Townsend, PI I\APR, Timberland, genior/Disabled).
• Ordinance 06-1127-23 (June 2023) — Amends Annual Fee for consistency
with chapter 3.80 JCC Revenue and Finance.
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Proposed
Amendments
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Annual fee & Certain parcels exempt from fee
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At the time the Clean Water District was created, the only communities with public sewer systems
were the City of Port Townsend and the Port Ludlow Master Planned Resort.
Jefferson County Board of Health has determined that encouraging hook ups to public sewer
systems throughout Jefferson County would promote public health and protection of the
environment.
Exemption in JCC 8.65.100 is referenced in chapter 8.15 JCC On-Site Sewage.
The purpose of this ordinance is to amend sections 8.65.090 and 8.65.100 JCC to account for the
addition of the new and approved sewer systems with connection fees, so those same Jefferson
County property owners will not continue to also be subject to the Clean Water District annual fee.
Proposed amendments reflected in Appendix A attached to proposed ordinance.
August 11. 2025 9
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Publarie47
lic Process
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August 11,2025 10
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Public Process
• Board of Health Workshop on July 17, 2025.
• BoCC Consent Agenda for Public Hearing Notice July 21 , 2025.
• Publication in The Port Townsend & Jefferson County Leader on
July 23, 2025.
• See JCC 2.55.060(2)
• BoCC Public Hearing on Monday, August 11 , 2025.
August 11, 2025 11
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Legislative authority is BoCC
RCW 90.72.030 'rrr -0'
Shellfish protection districts—Establishment—Governing body—Programs.
The legislative authority of each county having shellfish tidelands within its boundaries is authorized to establish a shellfish protection
district to include areas in which nonpoint pollution threatens the water quality upon which the continuation or restoration of shellfish
farming or harvesting is dependent. The legislative authority shall constitute the governing body of the district and shall adopt a shellfish
protection program with elements and activities to be effective within the district. The legislative authority may appoint a local advisory
council to advise the legislative authority in preparation and implementation of shellfish protection programs. This program shall include
any elements deemed appropriate to deal with the nonpoint pollution threatening water quality over shellfish tidelands, including, but not
limited to, requiring the elimination or decrease of contaminants in stormwater runoff, establishing monitoring, inspection, and repair
elements to ensure that on-site sewage systems are adequately maintained and working properly, assuring that animal grazing and
manure management practices are consistent with best management practices, and establishing educational and public involvement
programs to inform citizens on the causes of the threatening nonpoint pollution and what they can do to decrease the amount of such
pollution. The county legislative authority shall consult with the department of health, the department of ecology, the department of
agriculture, or the conservation commission as appropriate as to the elements of the program. An element may be omitted where another
program is effectively addressing those sources of nonpoint water pollution. Within the limits of RCW 90.72.040 and 90.72.070, the
county legislative authority shall have full jurisdiction and authority to manage, regulate, and control its programs and to fix, alter,
regulate, and control the fees for services provided and charges or rates as provided under those programs. Programs established under
this chapter, may, but are not required to, be part of a system of sewerage as defined in RCW 36.94.010.
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August 11,2025 13
Next Steps
• Board of Health discussion (07/17/25) is'"N`''
• Public Hearing Notice on BoCC's Consent Agenda (07/21 /25)
• Publication in The Port Townsend & Jefferson County Leader (07/23/2025)
• Port Hadlock UGA Sewer System is scheduled to be operational on
September 8, 2025. Public works, DCD and the PAO plan to have a BoCC
Workshop on August 4, 2025 to discuss details about how this affects
zoning and required hook ups.
• BoCC Public Hearing (08/11 /25 @ 10: 15 a.m.)
• BoCC deliberations; if adopted , amendments to ordinance become
effective.
August 11, 2025 14
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Questions?
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August 11,2025 15
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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Michael Dawson,Environmental Public Health and Water Quality, Water
Quality Manager
DATE: July 21,2025
SUBJECT: NOTICE OF PUBLIC HEARING: In the Matter of Amending Section
8.65.090 Annual Fee and 8.65.100 Certain Parcels Exempt From Fee of the
Jefferson County Clean Water District,Chapter 8.65 of the Jefferson
County Code(JCC)
STATEMENT OF ISSUE:
Jefferson County's Department of Environmental Health& Water Quality seeks to reconcile the Clean
Water District Annual Fee authorized by section 8.65.090 JCC with newly approved sewer system
connection fees, like those associated with the new Port Hadlock Urban Growth Sewer System, expected to
come online early this fall. The goal is to ensure those Jefferson County property owners who will be paying
a new sewer connection fee will not also continue to pay an annual Clean Water District fee.
ANALYSIS:
Adoption of a Jefferson County Ordinance requires a public hearing pursuant to section 2.55.060 JCC. As
such, staff have prepared a public hearing notice and are requesting the BoCC set a public hearing for
Monday, August 11, 2025, at 10:15 a.m.
The proposed amendments to sections 8.65.090 Annual Fee and 8.65.100 Certain Parcels Exempt From Fee
in the Jefferson County Clean Water District, Chapter 8.65 JCC are consistent with the county's recently
repealed and replaced chapter 8.15 (On-Site Sewage Code)through Ordinance No. 02-0220-25 and updated
title 13 (Utilities), including a new Sewer Utility Code, Ordinance No. 07-1118-24, and a new Sewer Utility
Fee Schedule Resolution No. 66-1 1 18-24R.
The proposed amendments to chapter 8.65 clarify and improve understanding and clarity within the Clean
Water District code, so it better accommodates new sewer hook ups. The proposed amendments are also
consistent with the regulatory reform mandate in Jefferson County Resolution No. 17-19.
Port Hadlock UGA Sewer System is scheduled to be operational on September 8, 2025. Public Works,
Department of Community Development, and the Prosecuting Attorney's Office plan to hold a BoCC
Workshop on August 4, 2025 to discuss details about how this affects zoning and required hook ups. As
such, it makes sense to hold this public hearing on the proposed amendments to the Clean Water District—a
related, but albeit much narrower issue—after the BoCC Workshop where information regarding the status
1
of new sewer operations will covered in more detail.
Attached for review are the following documents:
• Proposed Public Hearing Notice
• Proposed Ordinance
• Related Exemption Application Form
• Power Point Presentation
For more information and updates about the Port Hadlock Wastewater System, visit
https://www.co.jefferson.wa.us/1 1 5 8/Port-Had lock-Wastewater-System
FISCAL IMPACT:
The fiscal impact for this consent agenda item includes only the cost of publication one time in The Port
Townsend&Jefferson County Leader.
Looking ahead,the overall impact of adopting the proposed ordinance may slightly reduce the Clean Water
District's annual fund. If all properties in the Port Hadlock Phase I and Pleasant Harbor Master Planned
Resort that are currently assessed the CWD fee were to connect to sewer, there would be no more than a 2%
reduction to the annual assessment at current rates. However,the number of properties connected to sewer
also result in a lessened workload for Clean Water District programs, as those properties would no longer be
potential sources of non-point source pollution. Since sewer connection is anticipated to be staggered and
increase over a period of many years, it is impossible to tell the overall fiscal impact with exact certainty.
RECOMMENDATION:
Staff request BoCC set a Public Hearing for Monday,August 11,2025, at 10:15 a.m. regarding proposed
amendments to section 8.65.090 Annual Fee and 8.65.100 Certain Parcels Exempt From Fee of the Jefferson
County Clean Water District, chapter 8.65 JCC and authorize the Board Chair to sign the attached Notice of
Public Hearing.
REVIEWED BY:
,;. II!44 7/17/25
Jo D. Peters, County Administrator Date