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Home My WebLink About1-C - 2006 04 14 Anderson Performance Agreement4�SON RSONCO. SHERIFFSOFRCE I N G 0 PERFORMANCE CONTRACT BYAND BETWEEN Jefferson County, a municipal corporation and political subdivision of the State of Washington, by and through its employees or representatives, or `the County," located at the Prosecuting Attorney's Office, P. O. Box 1220, Port Townsend, WA 98368. AND Applicant: Michael Anderson Parcel Number: 901-112-013 Site Street Address: 890 Old Hadlock Road, Port Hadlock, WA 98339 The County asserts and the Applicant acknowledges and admits, that Michael Anders has violated and is in violation of the following State and/or County Ordinances: Environmental Health Violations Violations: 1) RCW 70.95.240: Unlawful to dump or deposit solid waste without permit 2) WAC 173-304-190: Owner responsibility for solid waste 3) Jefferson County Board of Health Ordinance 09-1020-05: Owner responsibility for solid waste Briefly list facts supporting violations: 1) A site visit was conducted and Mr. Anderson is in violation of the Jefferson County Board of Health Ordinance 09.1020-05 (Solid Waste Regulations). 2) Mr. Anderson has received a Notice and Order to Correct Violation (NOCV) from Jefferson County Public Health that he is in violation of the Jefferson County Solid Waste Regulations. (See attached NOCV) 3) Mr. Anderson's property has been investigated and found to contain petroleum contamination above cleanup levels set forth in RCW 70.10513; Model Toxics Control Act (MICA). (See attached form: Initial Investigation Field Report) 4) Mr. Anderson received a letter from the State of Washington Department of Ecology stating that his property has been included in the "Confirmed of Suspected Contaminated Sites" list. They state that they believe the contamination has occurred because of the improper handling of junk vehicles at the site. (See attached Department of Ecology Letter) During our meeting the Applicant was provided the following presentation of facts: • It has been determined that you are currently in violation of the Jefferson County Solid Waste Regulations. • More importantly, your property has been determined to be contaminated and has been entered into the Department of Ecology's Confirmed or Suspected Sites List. • Since samples from your site were found to be over MICA (Model Toxics Control Act) Cleanup Levels, Washington State Law requires you to cleanup your site. • If you decide not to cooperate, your property will be listed on the Hazardous Sites List, which is the State's version of Superfund or National Priorities List (NPL). However, if you decide to cooperate, you have multiple options and can potentially, keep your property off the Hazardous Sites List. • The next step in the cleanup process is a Site Hazard Assessment (SHA). • In order to conduct a SHA we must have access to all the soils on your site. Including the soils underneath the piles of vehicles. Therefore, before we conduct an SHA you must remove all junk vehicles from your property. • In short, you are no longer going to be able to use this property as currently are. • As of today, you are no longer going to be able to bring anymore vehicles to the property. Any further evidence of you bringing vehicles to the site will be met with a civil infraction ($513 per vehicle). • You may cooperate and enter into the Dept of Ecology Voluntary Cleanup Program. • In order to qualify for the Voluntary Cleanup Program, you are going to have to demonstrate that you want to cooperate. • You may need to retain the services of an Environmental Contractor. You may need their expertise in order to fill out the paperwork needed to enroll in the program. • There are advantages to entering into the voluntary cleanup program. • If you are interested in enrolling you need to contact Chuck Cline at the Department of Ecology. In conclusion: • Your actions have been shown to be detrimental to environmental and public health. • Your actions are leading to pollutants being released to Chimicum Creek, a class 1 salmon bearing stream. • Your actions are releasing pollutants into the aquifer of a public water supply that serves 4000 people, including yourself. Your property is in a Special Aquifer Recharge Protection Area on susceptible soils which means that you are highly connected hydrogeologically to a public well which is only %z a mile away. • Jefferson County has concluded that they can not allow these actions to continue. For violations of the Washington State RCW 70.95.240 and WAC 173-350 and Jefferson County Board ofHeulth Ordinance.09-1020-05. The Applicant acknowledges and admits that the following enforcement procedures described below have been attempted and provided to the Applicant on or before the date when the County and the Applicant have entered into this Performance Contract. They are as follows, and shall be initialed by the Applicant as applicable: Notice and Order to Correct Violation March 6. 2006 "4 Because the enforcement procedures listed above have been used in order to resolve this matter voluntarily without going to District or Superior Court the County asserts that it has the right to use powers granted to it by the Jefferson County Board of Health Ordinance 09-1020-05 allows the County to seek or request one or more of the following: a) begin an appropriate action to collect monetary penalties for civil violation(s), b) abate (cure) the violation(s), e) begin appropriate action(s) to prosecute the applicant criminally or d) take any other lawful actions to obtain compliance The Applicant, by signing at the bottom of this page, admits and agrees that the status of the above -listed violations is such that the County is authorized to use the powers granted to it by the Jefferson County Board of Health Ordinance 09-1020-05. The applicant indicates his agreement with the statements made on this page by signing and dating this page in the spaces provided below. Applicant Date - Mmm� � APPLICANT'S WAIVER By signing below the Applicant agrees with, acknowledges and understands each of the statements that follow on this page. 1. The Applicant is at least 18 years old and is in good health and sound mind. 2. The Applicant is able to read and understand Cnglish. 3. The Applicant is the owner of the parcel(s) listed above or is the authorized representative of the business entity that holds title to the parcels listed above. 4. This document has legal consequences. 5. By signing this document the Applicant concedes that she/he has violated or is violating certain County Ordinances and state laws. 6. This document; if signed, maybe used against the Applicant in a court of law. 7. The Applicant has the right to have an attorney review this document. S. The Applicant always held the right to reject this document and by doing so force the County to take whatever next steps it deems necessary. 9. The Applicant may, after signing this document, reverse his decision to sign this Agreement by informing the County in writing of his decision to no longer live by or agree with this Agreement. lo. The Applicant acts of his or her own free will when he or she signs this document. 11. The Applicant has not been coerced to sign this document. 12, The decision of the Applicant to sign this document was not the result of duress. 13. The Applicant admits that no one from the County forced him or her to sign this document or attempted to force him or her to sign this document. 14. The Applicant understood what he or she read when he or she read this document, 15. The Applicant has read this entire document. For good and valuable consideration exchanged and received the Applicant and County sign below. i A - � Applicant Date Sworn and subscribed before me, a Notary Publiy of the State of Wgshington this / of , 200 Located at &ZX— Commission expires ? %g2! On behalf of Jefferson County Signature: -AL Named (Printed) -(/iyJdL I"1 •�7 t./ Title I UV wr�e55