HomeMy WebLinkAbout1-X - 2025 06 11 Anderson VCA and Settlement - DRAFT 11 - FINAL (CLEAN)Always working for a safer and healthier community
615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
Community Health Environmental Public Health
Developmental Disabilities Water Quality
360-385-9400 360-385-9444
360-385-9401 (f)
VOLUNTARY COMPLIANCE AGREEMENT
August 14, 2025
Sent via first class mail and return receipt requested.
Michael D. and Ginalyn P. Anderson
270 W. Maude St.
Port Hadlock, WA 98339-9618
Case # COM2009-00191,
COM2006-00025
Address: 890 Old Hadlock Rd.
Port Hadlock, WA, 98339
(Old Hadlock Road Property)
Parcel #: 901112013
Case # COM2003-00021,
COM2021-00045, COM2009-00191,
COM2006-00025, and SOM1978-00104
Address: 270 W. Maude St.
Port Hadlock, WA98339
(Maude Street Property)
Parcel # 961807214, 961807215,
961807217, and 961807201
RE: Voluntary Compliance Agreement
Dear Michael and Ginalyn Anderson (collectively “the Andersons”):
Jefferson County has issued to you Notices of Violation and Order of Abatement (Notice)
under title 19 of the Jefferson County Code (JCC) address the code violations and public
nuisances at each of your properties located at the Old Hadlock Road Property and the
Maude Street Property in Port Hadlock. Each of the Notices has serious consequences,
including daily fines of $500 per day and recovery of the county’s staff time and attorney’s
fees. Together, the maximum daily fines for both properties amount to $1,000 per day.
Jefferson County has taken this step as a result of the failure of its efforts to obtain
voluntary compliance. As detailed in the history section below, there is a long history of
solid waste violations at both properties over many years resulting from Mr. Anderson’s
business registered with the Washington Department of Licensing as Michael’s Custom
Rebuild and Towing. Among other serious problems that now exist, the solid waste at each
property is blocking a county road to such an extent that emergency vehicles cannot pass
through. The connection between the dangers to the public at both properties is Mr.
Anderson’s business, which Jefferson County has proved in court to be illegal.
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Jefferson County offers to enter into this Voluntary Compliance Agreement to make it
possible for you to avoid the serious consequences of additional code compliance efforts
to bring both properties into compliance with Jefferson County code and to settle the
outstanding judgment lien all of the properties previously owned by Mr. Anderson and now
owned by both of you, plus 12 percent interest per year, which we calculate to be
$80,852.29, as of May 1, 2025. We understand that since the judgment lien was recorded
on these properties on July 13, 2020, Ms. Anderson became a record owner of the
properties and, therefore, is equally responsible for any violations of the JCC along with
Mr. Anderson.
In addition, the agreement would resolve the violations of the JCC at both the Old Hadlock
Road Property and Maude Street Property, daily fines at each property that will accrue
from the Notice of Violation, which is attached to this Voluntary Compliance Agreement.
Finally, with Mr. Anderson’s cooperation, Jefferson County is investigating the extent of
hazardous substances and petroleum hydrocarbons found in soil and groundwater at the
Old Hadlock Road Property. These environmental contaminates were initially found in
2005. The Old Hadlock Road Property boarders Chimacum Creek, a Type I salmon stream
and is within ½ mile of a public well. The aquifer below 890 Old Hadlock Road serves as
a public supply of drinking water for over 4,000 people. On April 6, 2006, Mr. Anderson
signed a Voluntary Performance Agreement requiring him to remove all solid waste and
junk vehicles from the Old Hadlock Road Property, so a site hazard assessment could be
completed for the environmental contaminants present. For the hazardous substances and
petroleum hydrocarbons, Mr. Anderson agreed to enter into the Washington Department
of Ecology’s Voluntary Cleanup Program within 90 days. When Mr. Anderson failed to
live up to his commitments, a lawsuit was filed against him by the Jefferson County
Prosecuting Attorney’s Office.
More recently, Jefferson County obtained grant funding for investigation of the
environmental contamination from the Washington Department of Ecology
Unfortunately, the solid waste and junk vehicles at the Old Hadlock Road Property has
impeded the on-going environmental investigation.
History of Mr. Anderson’s failure to comply with the JCC and court orders
As determined by the courts, Mr. Anderson runs an illegal business that includes both of
the properties. Mr. Anderson has been an owner of both properties for many years. Ms.
Anderson was more recently added as an owner to both properties. As owners of these
properties, both Mr. and Ms. Anderson are responsible for correcting violations of the
Jefferson County Code on each property.
Violations of the JCC at the Old Hadlock Road Property
Jefferson County Public Health (JCPH) has opened 10 complaint cases for the 890 Old
Hadlock Road Property. Jefferson County and Mr. Anderson have been in protracted
litigation over junk vehicles and other solid waste that must be removed from the Old
Hadlock Road Property. Starting in 2008, Mr. Anderson repeatedly has lost in the Jefferson
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County Superior Court, where the court ordered him to abate a public nuisance, including
removal of hundreds of junk vehicles and issued a permanent injunction prohibiting
bringing solid waste and junk vehicles to the Old Hadlock Road Property.
Summary judgment and a permanent injunction against Mr. Anderson was entered by the
superior court on March 9, 2011 that prohibited Mr. Anderson from, “Depositing or leaving
at or bringing or hauling to the parcel known as APN 901-112-103 any motor vehicle,
vehicle hulk, trailer, fifth wheel, boat or other personal property that did not and/or could
not arrive at APN 901-112·103 under its own power.” A warrant of abatement was issued
by the Jefferson County Clerk on March 10, 2011 to abate solid waste on the Old Hadlock
Road Property and “not less than 182 junk vehicles.” Pursuant to the March 10, 2011 writ
of abatement, Jefferson County removed an estimated 77 tons of solid waste from the Old
Hadlock Road Property, including 150 or more junk vehicles.
In May 2011, a Washington State trooper observed more junk vehicles on the Old
Hadlock Road Property, and Jefferson County obtained a second order requiring
additional abatement of solid waste, including junk vehicles, on January 13, 2012. Mr.
Anderson was held in contempt of the permanent injunction by the superior court on
June 8, 2012. The permanent injunction was amended by the superior court on November
2, 2012.
The superior court ordered a third warrant of abatement that was issued by the Jefferson
County Clerk on March 6, 2018 because Mr. Anderson brought even more solid waste,
including junk vehicles to the Old Hadlock Road Property, in violation of the amended
permanent injunction. The third abatement included 90 junk vehicles (including 13 boats)
brought on to the Old Hadlock Road Property since March 27, 2012. On January 26, 2018,
Mr. Anderson was held in contempt of the amended permanent injunction and was ordered
to pay a fine and attorney’s fees. On October 1, 2019, the Washington Court of Appeals,
District 2 affirmed the superior court’s 2018 decision requiring a third abatement of 90
junk vehicles and the order holding Mr. Anderson in contempt for violation of the amended
permanent injunction.
Mr. Anderson was ordered to by the court of appeals to pay the Jefferson County’s
attorney’s fees and costs on February 11, 2020. Final judgment against Mr. Anderson for
the Old Hadlock Road Property was entered on May 1, 2020 and was recorded on July 13,
2020.
Despite the numerous Jefferson County wins in court cases brought against Mr. Anderson,
he continues to bring junk vehicles and solid waste to the Old Hadlock Road Property in
violation of the amended permanent injunction.
These are photographs taken at the Old Hadlock Road Property on February 8, 2024:
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The photograph below taken on February 8, 2024 shows solid waste blocking Old Hadlock
Road:
Despite JCPH’s efforts to achieve voluntary compliance with Mr. Anderson, the situation
is worse now than in February 2024. As one example, blocking the road access makes
emergency vehicle access to neighboring properties impossible. This cannot continue. The
Old Hadlock Road Property is a public nuisance that endangers residents living near it.
Accordingly, the Notice of Violation was issued for the Old Hadlock Road Property.
History at the Maude Street Property
Mr. Anderson runs his illegal business from the Maude Street Property. After the October
1, 2019 court of appeals decision, the Jefferson County District Court approved a fine
against Mr. Anderson for bringing vehicles of the list of junk vehicles to be abated on the
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Old Hadlock Road Property to the Maude Street Property. Mr. Anderson appealed the fine
to the superior court, then to the court of appeals and lost.
The situation at the Maude Street Property also negatively impacts emergency vehicle
access, as shown on the aerial photograph below:
The Maude Street Property also is a public nuisance that endangers residents living near it.
This situation at the Maude Street Property cannot be allowed to continue. Accordingly,
the Notice of Violation was issued for the Maude Street Property.
Violations of the JCC at the Maude Street Property
After the third abatement at the Old Hadlock Property, Jefferson County adopted
Ordinance 09-1210-20, on December 10, 2020, which was codified into title 19 JCC. Title
19 JCC added significant enforcement tools in chapter 19.30 JCC, including:
• Monetary penalties in JCC 19.30.010 and 19.30.015. This includes penalties
for each day of violation of up to $500 per property.
• Recovery costs under JCC 19.30.020(2), “including but not limited to personnel
costs, both direct and indirect and including attorney’s fees; actual expenses and
costs of the county in preparing notices and contracts; hearing examiner costs;
and the costs of any required printing and mailing.”
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• A lien under JCC 19.30.020(3) that runs with the land for any monetary penalty
imposed, the cost of any proceedings under title 19 JCC, and all other related
costs against the real property on which the monetary penalty was imposed or
any of the work of abatement was performed. The lien shall be subordinate t o
all previously existing special assessment liens imposed on the same property
and shall be superior to all other liens, except for state and county taxes, with
which it shall be on a parity.
• Notices of stop work orders and orders of abatement under JCC 19.10.050.
• Denial or suspension of any permit issued by the county until the violation is
corrected under JCC 19.10.075 and JCC 19.10.080.
• Recording with the Jefferson County Auditor a notice of potential uncorrected
violation finding on the title of the property under JCC 19.10.090.
Jefferson County may use any of these tools to obtain correction of violations of the JCC.
List of violations of title 19 JCC at both properties.
The following violations exist at both properties:
JCC 19.10.015(36) states:
“Nuisance” includes: (a) conditions meeting the definition in RCW 7.48.120, that are
public nuisances; and (b) each of the conditions determined to be nuisances pursuant to
RCW 36.32.120(10) by the board of county commissioners, namely: (i) abandoned or
derelict vessel nuisances; (ii) attractive nuisances; (iii) building nuisances; (iv) burning
nuisances; (v) civil code violations; (vi) other nuisances declared by the board of county
commissioners or the board of health and which are codified in the JCC; (vii) public right-
of-way nuisances; (viii) salvage nuisances; and (ix) vehicle nuisances.
JCC 19.10.020 (1) and (2) state:
(1) All civil code violations consistent with JCC 19.10.015(14) are hereby determined to
be detrimental to the public health, safety, and environment and are hereby declared public
nuisances, which may be subject to abatement and recovery of abatement costs pursuant to
RCW 36.32.120(10), as now enacted or hereafter amended.
(2) All nuisances as defined under JCC 19.10.015(36) are hereby determined to be
detrimental to the public health, safety, and environment and are hereby declared public
nuisances, which may be subject to abatement and recovery of abatement costs pursuant to
RCW 36.32.120(10), as now enacted or hereafter amended.
JCC 19.10.015(8) “Attractive nuisance” means a condition that is detrimental to minors,
whether in or on a building, on the premises of a building, or upon an unoccupied lot, which
is left in any place exposed or accessible to children, including, but not limited to, unused
or abandoned refrigerators, freezers, or other large appliances or equipment or any parts
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thereof; abandoned motor vehicles; any structurally unsound or unsafe fence or building;
any unsecured or abandoned excavation, pit, well, cistern, storage tank or shaft; and any
lumber, trash, debris or vegetation which may prove a hazard for minors.
JCC 19.10.015(50). “Salvage nuisance” means the outside accumulation of solid waste
or materials that have an adverse impact on public health and safety.
JCC 19.10.015(59) “Vehicle Nuisance” means (1) Placement of any inoperative, junk1 or
wrecked vehicles, or secondhand vehicle parts on private property, Jefferson County right-
of-way, or other property controlled by Jefferson County is a nuisance, as defined under
JCC 19.10.015(36), except where storing an inoperative, junk or wrecked vehicle, or
secondhand vehicle part is a permitted use under title 18 JCC and exempt under subsection
(2) of this section.
JCC 8.10.025 Owner responsibilities for solid waste.
1) General.
The owner, operator, or occupant of any premise, business, establishment, or industry
shall be responsible for the satisfactory and legal arrangement for the solid waste
handling of all solid waste generated or accumulated by them on the property. An
owner is not relieved of the duties and obligations imposed by this Chapter because the
owner has leased the property or premises to another or permitted others to occupy the
premises or operate there.
2) Removal.
It shall be the responsibility of the owner, operator or occupant of any premise,
business, establishment or industry to remove solid waste from the premises where it
was generated to a permitted solid waste handling facility at a frequency that does not
create a nuisance or litter problem, or at a frequency otherwise approved by the Health
Officer. The Health Officer may require any person who does not store, remove,
transport, or dispose of solid waste consistent with these regulations, or who stores
solid waste so as to create a nuisance or litter problem, to remove solid waste from the
premises where it was generated, or collected, by that person to a permitted solid waste
handling facility no less frequently than once per week.
3) Disposal.
(a) Generally. It shall be the responsibility of the owner, operator or occupant of
any premise, business, establishment or industry to dispose of all solid wastes at an
1 RCW 46.55.010 (5) “Junk vehicle” means a vehicle certified under RCW 46.55.230 as meeting at least three of the
following requirements:
(a) Is three years old or older;
(b) Is extensively damaged, such damage including but not limited to any of the following: A broken window or
windshield, or missing wheels, tires, motor, or transmission;
(c) Is apparently inoperable;
(d) Has an approximate fair market value equal only to the approximate value of the scrap in it.
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appropriate solid waste handling facility permitted to receive such waste, or in a
manner consistent with these regulations as approved by the Health Officer. Should
a situation arise where disposal of solid waste is not covered under these
regulations, the Health Officer shall determine acceptability of a method of disposal
for the solid waste on a case-by-case basis.
JCC 8.10.305 Solid waste handling standards for specific waste stream.
(6) Moderate Risk Waste and Used Oil.
(a) Small Quantity Generator (SQG) Waste.
(i) Applicability. This subsection applies to conditionally exempt small quantity
generators (SQGs) as defined in JCC 8.10.100. In addition to the requirements of this
section, SQGs must meet the storage requirements of subsection (6)(b) of this section.
(ii) Waste Designation. SQGs shall designate suspected or known dangerous wastes
pursuant to WAC 173-303-070 through 173-303-100.
(iii) Container Labeling. SQGs shall label all containers of MRW and used oil with the
name of the waste and identify the major risk(s) associated with the waste in the
container or tank for employees, emergency response personnel and the public.
Containers of MRW shall also be labeled with the words “hazardous waste” or
“dangerous waste.”
(iv) Secondary Containment. The health officer may require an SQG to provide
secondary containment for liquid MRW and/or used oil stored on site if the health
officer determines that there is a potential threat to public health or the environment due
to the nature of the wastes being accumulated, the location of accumulation, or due to a
history of spills or releases from accumulation containers. When required under this
subsection, a secondary containment system must be durable, compatible with the waste
it is meant to contain, and large enough to contain a volume equal to 10 percent of all
containers, or 110 percent of the largest single container, whichever is greater.
(v) Hazardous Materials Management Plans. If an SQG has violated any part of this
regulation, the health officer may require the SQG to prepare and follow a written
hazardous materials management plan approved by public health and in a format
prescribed by public health.
(b) Storage Requirements.
(i) SQG waste, used oil, and hazardous substances shall be stored in containers
which are:
(A) Compatible with the waste contained therein;
(B) In good condition and without any leaks, corrosion or other signs of
deterioration;
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(C) Securely closed at all times except during the addition or removal of
contents; and
(ii) Containers of SQG waste, used oil, and hazardous substances shall be stored on
an impervious surface and in a location(s) that is covered and controlled to prevent:
(A) Container deterioration due to weather exposure;
(B) Surface water run-on and run-off;
(C) Exposure to extreme temperatures;
(D) Unintentional discharge to stormwater, soil, or surface water; and
(E) Any other controllable condition which may cause or increase the
possibility of container failure.
JCC 8.15.150 Operations, Maintenance, and Monitoring.
(1) Responsibility of Owner(s). The owner of every residence, business, or other place
where persons congregate, reside or are employed that is served by an OSS, and each
person with access to deposit materials in the OSS shall use, operate, and maintain the
system to eliminate the risk to the public associated with improperly treated sewage.
Owners’ duties are included, without limitation, in the following list:
(a) They shall comply with the conditions stated on the on-site sewage permit.
(j) They shall comply with inspection requirements in this section, and JCPH Policy
04-01 as adopted by the board of health as amended or replaced.
(l) They shall ensure that all monitoring and maintenance is performed by an
authorized person and reported to JCPH in the prescribed time frame and approved
format.
(n) They should not drive, park or store vehicles or equipment over the drainfield
or reserve area.
(2) Breach of Owner’s Responsibilities. An owner’s or occupier’s failure to fulfill any of
the responsibilities in subsection (1) of this section shall be a basis for a notice of violation
and for the health officer to decline to issue approval for further development on the parcel.
Fines from penalties at each property are:
Violations Daily Penalty
Nuisance Violations:
JCC 19.10.015 (8) Attractive Nuisance
$250.00 each
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JCC 19.10.015 (50) Salvage Nuisance
JCC 19.25.010 Vehicle Nuisance
Civil Code Violations:
JCC 8.15.150(1) Operations, Maintenance, and Monitoring
JCC 8.10.025(3) Owner Responsibilities for Solid Waste
JCC 8.10.305(6) Moderate Risk Waste and Used Oil
$250.00 each
Total Penalty $500.00 (Max Daily Penalty)
This is the maximum daily fine for each property. These daily fines for each property total:
• $500 for 890 Old Hadlock Road; and,
• $500 for 270 W. Maude Street.
Together, the maximum daily fines for both properties amount to $1,000 per day.
The following are findings of facts for 890 Old Hadlock Rd:
• Mr. Anderson submitted a proposal to Department of Community
Development (DCD) to request to permit an Automotive repair and/or Auto
Wrecking Yard use in a Rural Residential Zone. This request was denied on
August 17, 2011.
• On April 23, 2012 JCPH received a complaint that Mr. Anderson was
towing junk vehicles back onto the Old Hadlock Property. On June 8, 2012
Michael Anderson was found in Contempt of Court and fined $1,959.
• The court granted the county’s motion for an amended permanent injunction
and entered an order allowing for continued jurisdiction on November 2,
2012. Superior court also concluded that the Old Hadlock Road Property
continued to be a public nuisance. Mr. Anderson did not appeal the
November 2, 2012 order amending the permanent injunction, so it is final
and enforceable.
• Mr. Anderson had brought an additional 90 junk vehicles onto the Old
Hadlock Road Property since the entry of the 2012 amended permanent
injunction.
• On January 26, 2018, Mr. Anderson was held in contempt for violating the
2012 amended permanent injunction. Mr. Anderson appealed the decision.
On March 11, 2019, the Washington Court of Appeals affirmed the entry of
the order of contempt, the order for the warrant of abatement, the award of
fines for contempt, and the award of attorney fees and costs. A judgement
in the amount of $50,532.68 was entered and a judgement lien was recorded
on all properties previously owned by Mr. Anderson alone and now owned
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by both of you, including the 890 Old Hadlock Road Property and the
Maude Street Property.
• The lien was placed on all of Mr. Anderson’s properties on May 1, 2020.
The judgment is accruing 12 percent post-judgment interest per annum. As
of May 1, 2025, we calculate the judgment lien, including post-judgment
interest totals $80,852.29.2 Proceeds of any sale of these properties will be
subject to the lien.
• The Permanent Injunction ordered and adjudged that “Defendant Michael
Anderson Continues to be and is permanently enjoined from:
Parting (disassembling or cannibalizing) Motor Vehicles at, upon or within
the boundaries of a certain parcel of the real property that he owns within
unincorporated Jefferson County, specifically the parcel known as the [Old
Hadlock Road Property], also known as APN 901-112-013;
Processing scrap metal at, upon or within the boundaries of a certain parcel
of real property that he owns within unincorporated Jefferson County
specifically the parcel known as the [Old Hadlock Road Property], also
known as APN 901-112-013; and
Depositing or leaving at or bringing or hauling to the parcel known as APN
901-112-013 any solid waste, including but not limited to junk vehicles,
tires, and/or any other personal property which fits within the statutory
definition of solid waste.
• On March 21, 2025 JCPH Code Compliance Specialist, Maurer, confirmed
all above-mentioned permanent injunction order to be in violation. As well
as civil code violations of title 8 JCC and meets title 19 JCC definition of a
Public Nuisance. “‘Public nuisance’ has the same meaning as in RCW
7.48.130.” JCC 18.10.015(43). RCW 7.48.130 states: “A public nuisance is
one which affects equally the rights of an entire community or
neighborhood, although the extent of the damage may be unequal.”
The following are findings of facts for the Maude Street Property:
• The March 9, 2011 permanent injunction ordered and adjudged that under
Conclusion of Law Section L. “Defendant Michael Anderson cannot be and
is not “grandfathered” as a legal non-conforming use for scrap procession
or as a wrecking yard at the [Old Hadlock Road Property] because those
uses occurring at or upon the [Old Hadlock Road Property] have never been
legal, lawful, or licensed by the state of WA”, this applies to all properties
2 $80,852.29 lien = $50,532.68, including taxable costs and attorney’s fees of $44,532,68 with 12 percent per
annum.
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where Michael’s Custom Rebuild and Towing was operating, including the
Maude Street Property.
• A request for a code interpretation was made to the United Development
Code (UDC) administrator to determine if all, a portion, or none of Mr.
Anderson business activities and associated structures located at 270 W.
Maude St. “‘grandfathered’” under the regulatory provisions of Jefferson
County.
• On April 22, 2016, the UDC administrator responded to the request for a
code interpretation and concluded that:
Auto Repair and Autos Towed to Site: The records provided
supports the auto repair services as well as the towing of vehicles to
the Maude Street location as a natural part of the auto repair service.
The receipts reviewed by the County staff indicates the repairs were
made to vehicles titled in persons OTHER THAN Mr. Anderson or
other family members and thus it will be the repair of vehicles NOT
OWNED by Mr. Anderson or other family members that will be
considered grandfathered at the [Old Hadlock Road Property].
and
Custom Auto Rebuild: There was no record provided that custom
Auto Rebuilding was performed at this site prior to the 1992 zoning
code. While the phrase “Custom Rebuild” is found in the title of his
business, that is not proof such a business was created or in place at
the [Old Hadlock Road Property] before 1992.
and
Hulk hauler/metal recycler: Hulk hauling and metal recycling are
regulated activities by the State of Washington (RCW 46.55, 46.79)
The first record appears in 1996, a hulk hauler license was issued to
Mr. Anderson, no license was provided for scrap metal or metal
recycling. Neither of these activities were lawfully established for
the [Old Hadlock Road Property] prior to the 1992 zoning code.
and
Used auto Parts/Parts Salvage Yard/Wrecking Yard: These
activities are regulated by the State of Washington (RCW 46.80).
No license exists or was provided in the record; therefore, this
activity had not lawfully been established at the [Old Hadlock Road
Property] prior to the 1992 zoning code.
• Even if Jefferson County considers Mr. Anderson “working on other cars
not owned by him or any other family members to be grandfathered in,” the
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Old Hadlock Road Property still needs to meet Jefferson County title 8 JCC
health and safety codes and currently meets the title 19 JCC definition of a
Public Nuisance. “‘Public nuisance’ has the same meaning as in RCW
7.48.130.” JCC 18.10.015(43). RCW 7.48.130 states: “A public nuisance
is one which affects equally the rights of an entire community or
neighborhood, although the extent of the damage may be unequal.”
• On April 4, 2024, Jefferson County Public Health Code Compliance
Specialist, Mauer, completed a site inspection of 270 W. Maude St. with
Mr. Anderson Present. Code Compliance Specialist, Mauer, determined
there was a Public Nuisance, a Vehicle Nuisance, an Attractive Nuisance,
and a Salvage Nuisance.
• On March 24, 2025, JCPH code compliance specialist, Maurer confirmed
civil code violations of title 8 JCC and meets title 19 JCC definition of a
Public Nuisance. “Public nuisance” has the same meaning as in RCW
7.48.130.” JCC 18.10.015(43). RCW 7.48.130 states: “A public nuisance
is one which affects equally the rights of an entire community or
neighborhood, although the extent of the damage may be unequal.”
Settlement of Code Violation Fines and Judgment Lien
Jefferson County offers to settle the judgment lien and the violations of the JCC with the Andersons
as follows:
• You shall cooperate with the on-going environmental site investigation being
conducted by the County in coordination with the Washington Department of
Ecology (Ecology) at the 890 Old Hadlock Road Property. Reasonable access shall
be given to the County and Ecology, their employees and their agents to perform
the work necessary to characterize the scope of the contamination and determine
the remediation necessary.
• To avoid further penalties, fees, and other costs incurred during enforcement
approved under title 19 JCC and the March 3, 2018 Re-Issued Warrant for
Abatement for the Old Hadlock Road Property; all nuisances and civil code
violations shall be abated pursuant to the schedule below.
• The existing violations, required corrective actions and deadlines are described
below.
Corrective Actions and Deadlines for the 890 Old Hadlock Road Property
1) Jefferson County Code (JCC) 19.10.015 (8) “Attractive nuisance”
Immediately: Remove any conditions detrimental to minors, including, but not limited to,
unused or abandoned refrigerators, freezers, or other large appliances or equipment or any
parts thereof; abandoned motor vehicles; any structurally unsound or unsafe fence or
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building; any unsecured or abandoned excavation, pit, well, cistern, storage tank or shaft;
and any lumber, trash, debris or vegetation which may prove a hazard for minors.
2) JCC 19.10.015 (50) “Salvage nuisance”
Immediately: Cease accumulation of solid waste or materials that have an adverse impact
on public health and safety at the Old Hadlock Road Property.
3) JCC 19.25.010 “Vehicle Nuisance”
a) By September 13, 2025: Remove all inoperative, junk, wrecked vehicles, or secondhand
vehicle parts from private property, the Jefferson County right of way or any other property
controlled by Jefferson County. There is no permitted use under title 18 JCC or JCC
19.25.010(2).
b) By February 14, 2026: Remove all junk, wrecked vehicles, or second-hand car parts from
the Old Hadlock Road Property
4) JCC 8.10.305(6)(a)(iii) Moderate Risk Waste and Used Oil.
a) Immediately: Label all containers of moderate risk waste, dangerous waste, and household
hazardous waste. All containers of moderate risk waste shall also be labeled with the words
“hazardous waste” or “dangerous waste”
5) JCC 8.10.305(6)(b)(i) Moderate Risk Waste and Used Oil:
a) Immediately: Cleanup any: (1) Moderate risk waste as defined in JCC 8.10.100, including
any small quantity generator (CESQG) waste and household hazardous waste (HHW) as
defined in chapter 8.15 JCC: (2) Used oil as defined in JCC 8.10.100, including any used
oil that up resulted in the hazardous substances detected in soil at the Old Hadlock Road
(2-butanone, acetone, and toluene) and petroleum, hydrocarbons (TPH-Dx and TPH-Gx at
levels that exceeded state MTCA cleanup levels) as described in the September 24, 2009
Anderson Property Auto Wrecking Integrated Assessment (ecology and environment, inc.)
that may have spilled onto the ground. Ensure containers of used oil and household
hazardous waste are stored in compatible containers in good condition, and are securely
closed at all times.
b) By September 13, 2025: Hazardous substance must be properly stored under cover, on an
impermeable surface, off the ground, and not visible from public or private property.
Inspection will be required to correct this violation.
c) On-going for the term of this voluntary compliance agreement: Ensure any hazardous
substances are properly stored in accordance with JCC and state law.
6) JCC 8.10.025(3) Owner responsibilities for solid waste
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a) By September 13, 2025: Provide proof of a contract with a disposal service legally
authorized to collect solid waste in Port Hadlock, WA, such as Waste Connections-
Olympic Disposal.
b) By November 12, 2025: Remove and dispose of solid waste, defined in section 8.10.100
of the Jefferson County Code (JCC) (as that section exists now or may in the future be
amended)Disposal receipts and an inspection will be required to correct this violation.
c) By August 14, 2026: Discarded commodities, construction waste, wood waste, recycling,
scrap, and litter must be recycled or disposed of. This includes household garbage, broken
furniture, carpeting, windows, appliances, and secondhand car parts, etc. Disposal receipts
and an inspection will be required to correct this violation.
d) On-going for the term of this voluntary compliance agreement: Ensure that household
waste is properly disposed of. Disposal receipts will shall be submitted quarterly until
September 30, 2028 (third quarter of 2028).
e) On-going for the term of this voluntary compliance agreement: Provide evidence of
payment for the disposal service legally authorized to collect waste in Port Hadlock, WA,
such as Waste Connections-Olympic Disposal for each month during the active life of this
voluntary compliance agreement. Receipts shall be submittal quarterly.
7) JCC 8.15.150 Operations, Maintenance, and Monitoring:
a) Immediately: Cease parking, driving, or storing any vehicles or equipment over the drain
field or reserve area.
b) By October 13, 2025: Hire an O&M inspector to inspect your septic system to ensure there
are no deficiencies or violations. If deficiencies are found, corrections will be required to
correct this violation(s):
i) Minor Repairs (tank riser, etc.) within 30 days;
ii) Major Repairs—within 10 days of receiving an O&M report, contract with a septic
professional. JCPH issues repair permits typically for 90-270 days, depending on the
type of repair.
8) Submit a Request for Certificate of Correction (JCC 19.10.065) upon completion of each
of the compliance requirements listed above.
Corrective Actions and Deadlines for the Maude Street Property.
1) JCC 19.10.015(8) “Attractive nuisance.”
Immediately: Remove any conditions detrimental to minors.
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2) JCC 19.10.015(50). “Salvage nuisance.”
Immediately: Cease accumulation of solid waste on the Maude Street Property.
3) JCC 19.25.010(5) “Vehicle Nuisance”
a) By September 13, 2025: Remove all inoperative, junk, wrecked vehicles, or secondhand
car parts from the county right of way or any other property controlled by Jefferson County.
b) By February 14, 2026: Remove all inoperative junk, wrecked vehicles, or second-hand car
parts from the Maude Street Property.
4) JCC 8.10.305(6)(a)(iii) Moderate Risk Waste and Used Oil.
a) Immediately: Label all containers of moderate risk waste, dangerous waste, and household
hazardous waste. All containers of moderate risk waste shall also be labeled with the words
“hazardous waste” or “dangerous waste”
5) JCC 8.10.305(6)(b)(i) Moderate Risk Waste and Used Oil:
a) Immediately: Clean up the hazardous substance that may have spilled onto the ground.
Ensure containers of used oil and household hazardous waste are stored in compatible
containers in good condition, and are securely closed at all times.
b) By September 13, 2025: Hazardous substance must be properly stored under cover, on an
impermeable surface, off the ground, and not visible from public or private property.
Inspection will be required to correct this violation.
c) On-going for the term of this voluntary compliance agreement: Ensure any hazardous
substances are properly stored in accordance with JCC and state law.
6) JCC 8.10.025(3) Owner responsibilities for solid waste.
a) By September 13, 2025: Provide proof that you have contracted with a disposal service
legally authorized to collect waste in Port Hadlock, WA, such as Waste Connections-
Olympic Disposal.
b) By November 12, 2025: Remove and dispose of solid waste, including but not limited to:
household garbage, broken furniture, carpeting, windows, appliances, recyclables, vehicle
tires, etc.
c) By August 14, 2026: Discarded commodities, construction waste, wood waste, recycling,
scrap, and litter must be recycled or disposed of. This includes household garbage, broken
furniture, carpeting, windows, appliances, and secondhand car parts, etc. Disposal receipts
and an inspection will be required to correct this violation.
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d) On-going for the term of this voluntary compliance agreement: Ensure that household
waste is properly disposed of. Disposal receipts will shall be submitted quarterly until
September 30, 2027 (third quarter of 2028).
e) On-going for the term of this voluntary compliance agreement: Provide evidence of
payment for the disposal service legally authorized to collect solid waste in Port Hadlock,
WA, such as Waste Connections-Olympic Disposal for each month during the active life
of this voluntary compliance agreement. Receipts may be submittal quarterly.
7) JCC 8.15.150 Operations, Maintenance, and Monitoring:
a) Immediately: Cease parking, driving, or storing any vehicles or equipment over the drain
field or reserve area.
b) By August 29, 2025: Sign an Investigation, Remediation, Conservation, and Salmon
Enhancement Easement granted to Jefferson County for the Old Hadlock Road Property in
substantially the same form as in Exhibit A.
c) By October 13, 2025: Hire an O&M inspector to inspect the septic system to ensure there
are no deficiencies or violations. If deficiencies are found, corrections will be required to
correct this violation.
8) Submit a Request for Certificate of Correction (JCC 19.10.065) upon completion of each
of the compliance requirements listed above.
Certificate of Correction
Attached is a Request for a Certificate of Correction (JCC 19.10.065). A Request for Certificate
of Correction must be submitted to JCPH in the form required by JCC 19.10.065(3), and signed
and dated by you. The Request for Certificate of Correction must include supporting information
that the violation has been corrected, such as receipts, photographs or signed contracts.
What You Are Agreeing to in Entering into this Voluntary Compliance Agreement
By entering into this voluntary compliance agreement, you are agreeing that:
1. You will comply with all of the deadlines in this voluntary compliance agreement that are
listed above;
2. You will provide a Request for Compliance Certificate upon completion of each of the
compliance requirements listed above;
3. The county may give notice and enter the Maude Street Property and inspect the premises
as may be necessary to determine compliance with this voluntary compliance agreement;
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4. You voluntarily and knowingly waive the right to a hearing or administrative appeal before
the hearing examiner, under this chapter19.15 JCC or otherwise, regarding the matter of
the violation or the required corrective action;
5. You admit that the conditions described in this voluntary compliance agreement existed
and constituted a violation of the JCC; and agree that if the director3 issues a notice of
noncompliance, and if the notice of noncompliance is not successfully challenged through
administrative appeal, you are liable for the monetary penalty available under chapter 19.15
JCC.
6. You admit that you are liable for the costs incurred by the county to pursue compliance
with chapter 19.15 JCC and to abate the nuisance, including legal and incidental expenses
as provided for in JCC 19.30.020 and are subject to all other remedies provided for in title
19 JCC; and,
7. If a notice of noncompliance is issued and not successfully appealed, you are subject to
and liable for any remedy authorized by title 19 JCC, which includes the assessment of
monetary penalties, abatement of the nuisance, and an assessment of the costs incurred by
the county to pursue compliance with this chapter (such as legal, administrative, hearing,
removal, and incidental costs) and the suspension, revocation or limitation of a
development permit.
8. The term of this voluntary compliance agreement shall be until September 30, 2028
9. Daily monetary penalties shall be suspended during the term of this voluntary compliance
agreement unless Jefferson County issues a notice of non-compliance.
Extensions of Time for Good Cause Shown.
Upon written request received prior to the correction date, the director may grant an extension of
a deadline for correction or a modification of the required corrective action for an amount of time
as deemed reasonable by the director if you show good cause. Under JCC 19.15.015(1)(a), the
director may only consider as good cause:
(i) Substantial completion of necessary correction;
(ii) Unforeseeable circumstances not caused by the person so as to make
completion impossible by the date established; or,
(iii) Procedural requirements for obtaining a permit to carry out the corrective
action.
3 “Director” means the Director of the Jefferson County Department of Environmental Public Health and Water
Quality, their designee, or any authorized representative of the Director, including compliance officers and
inspectors whose responsibilities include the detection and reporting of civil code violations. The term also includes
any other designee of the Board of Health or the Board of County Commissioners who is empowered to enforce
violations of the Jefferson County Code.
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Notice of Noncompliance with this Voluntary Compliance Agreement.
(a) Notice of Noncompliance. If JCPH determines that terms of this voluntary compliance
agreement are not completely met, the director may issue a notice of noncompliance, with a
description of all incomplete or untimely corrective or abatement action required under this
voluntary compliance agreement. The notice of noncompliance shall also include the
monetary penalty to be imposed based upon the failure to comply with this voluntary
compliance agreement. Any future repeat violations on either of the properties will be
assessed at $1,000 per day.
(b) Appeal. Under JCC 19.15.015(1)(c), you may appeal the notice of noncompliance as
provided by JCC 19.35.015 or JCC 19.40.015.
(c) Abatement, Costs, and Penalties for Noncompliance. If the director issues a notice of
noncompliance and the notice of noncompliance is not successfully challenged through
appeal as provided by JCC 19.35.015 or JCC 19.40.015, then:
(i) The department may abate the nuisance in accordance with this chapter without the
person responsible being issued a notice of violation, stop work order, or notice of
violation and order of abatement;
(ii) The person responsible shall be assessed a monetary penalty commencing on the
date set for correction in this voluntary compliance agreement and thereafter, in
accordance with JCC 19.30.010 or the penalty provisions of this voluntary compliance
agreement, plus all costs incurred by the county to pursue compliance with this chapter
and to abate the nuisance in accordance with JCC 19.20.015 and JCC 19.30.020.
(iv) You may be subject to other remedies authorized by title 19 JCC.
Please review this voluntary compliance agreement and, if acceptable, sign and return on or before
September 13, 2025 or daily penalties will begin to accrue and enforcement will begin on both
Properties.
Thank you for your cooperation.
Respectfully,
Becca Maurer
Jefferson County Public Health
615 Sheridan Street
Port Townsend, WA 98368
Phone 360 - 379- 4467
bmaurer@co.jefferson.wa.us
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Approved by:
_______________________________________
Name: Pinky Feria Mingo Date
Director, Environmental Health and Water Quality
Acceptance of Voluntary Compliance Agreement Terms:
I have read and understand all of the terms of this voluntary compliance agreement. I have either
consulted with an attorney about all the terms of this voluntary compliance agreement or decided
that consultation with an attorney is not necessary. Having fully considered all the terms of this
voluntary compliance agreement and its potential consequences, I agree to the terms of this
voluntary compliance agreement outlined above.
Signature: ___________________________ Signature: _____________________________
Name: Michael D. Anderson Date Name: Ginalyn P. Anderson Date
Property Owner Property Owner