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Home My WebLink About03 0428 14i rem An Ordinance mending the } ORDMANCENO. 03- 0428 -14 Jefferson County Clean Water Dinner, } Jefferson County Cade Ch. 8.65 } {FHSR&dS, the Findings of Fact listed below leads to the conclusion that the amending of Chapter 8.65 of the Jefferson County Code, entitled Clean Water District," in order to establish a stable loading source for said District is not only authorized by state law but would promote the general health, safety and welfare of the citivens of Jefferson County, and WJJEltMS, Jefeson County Public Healthconsulted with stall from the City of Pon Townsend to discuss the proposal to extend the applicability of Chapter 8.65 JCC to those parcels and premises located within the City not served by a s mory sewer (as that From is defined and regulated in Ch. 3619 RCW and Ch. 36.94 RCW) and City and County staff agreed such an extension was both lawhil and in furthermore of the public policy behind Ch. 9092 RCW, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF JEFFERSON COUNTY COMMISSIONERS as follows: Section O1- Findings of Fact dd Section &65D21)(28) of Jefferson County Code (JCC) is hereby revised in read as follows: (28) Certain regions ofletfirms County, specifically the city of Pont Townsend and the mesrer planned resort a Port Ludlow, have in phase monomer imagemeat facilities md/or sam ay sewers that serve to control, properly dispose of and mitigate mnpoint sources of water pollution. Clem Water District programs shall not be duplicative of the programs and services provided in areas where fees, rates or charges are imposed order Chapters 36.89 and 3690 RCW. Session 02 Findings of Fact supplemented Section 8.65.020 is amended to reflect the addition of the following text: (29) The Jefferson County Board of Commissioners also serve on and appoint the Jefferson County Board of Health. The Jefferson County Bound of Health is responsible for all matters pertaining to the life and health of the people of Jefferson County ox required by JCC 8.00.010). The Board of Health is well quaQfid to coordinate the activities of the Clean Water District under this Chapter with other programs and activities which fall most The duties and responsibilities of the Board of Health . Section03 Revision WICC Section 8.65.050, "Assignment urn lead department" Section 8.65.050 is amended in its entirety to used as follows: 8.65.050 Assignment of a lead department. The Jefferson County Board of Commissioners hereby directs Jefferson County Public Health to serve as the cowry departrnent responsible for administering the Clean Water District (in coordination with the Washington State Department of Health, the Washington Some Department of Ecology, We Puget Sound Impending, the Jefferson County conservation diunct, and other appropriate entities). Section 04: Revision of the title of JCC Section 8.65.090 JCC Section 8.65 090 shall hereinafter be entitled "Advisory Council." Scstiou 05 Revision to section.080 entitled "Program Evaluation" JCC Section 8.65.080 is amended to read in its entirety m follows: The Clean Water District shall be evaluated for effectiveness by the advisory council or Board of Health on an annual basis. Section W Addition of a new section entitled "Oversight" A new section is hereby added to Chapter 8.65 of the Jefferson County Code, said section to read in its entirety as fo0ows: The Jefferson County Board of Commissioners hereby directs the Jefferson County Board of Health to coordinate the activities of the Clean Water District under this Chapter with other programs and activities which fall under the duties end responsibilities of the Board of Health in JCC 08.00.010. Section OT Annual fee section canceled and replaced Section 8.65.090 of the Jefferson County Code (or "JCC') is hereby repealed and replaced so that it shall read in its entirety as follows: Time is hereby established for the Clean Water District a financing mechanism, specifically a fee of Twenty Dollars ($20.00) per year terms parcel, except for parcels or lends described in in JCC 865.100. This fee shall be adjusted annually accordingly on the first business day oflanuary (Adjusted Date) by the amount ofthe increase in the Consumer Price Index (CPIWT The CPIW is fire Consumer Pace Index —US City Avenge for All Urban Wage purposes and Clerical Workers, published by the Bureau of Labor Statistics of the United States Department of Labor. This fee adjustment shall be calculated as follows: it shall be increased by the percentage increase in the CPIW as reported for the month of September preceding the Adjustment Date. A fee shall not be reduced by reason of such calculation- However, Pee increases in aaordance with this calculation shall not exceed 5 percent per year. Section 08 Text is added to the Public Health Fee Schedule: The following text is added to the Fee Schedule for Public Health food in the Appendix to the fictionist County Code: Beginning wida the year 2015, there is hereby established for the Clem Water District a fee of Twenty Dollars ($20.00) per year per tax parcel, except for Meets or lands described in JCC 8.65.100. The Clem Water District fee shell be adjusted annually accordingly on the first business day of Jimmy (Adjusted Date) by the amomt of the increase in the Consumer Price Index (CPIW). The CPIW is the Consumer Price Index —US City Average for All Urbm Wage Eamers and Clerical Workers, published by the Burem of Labor Statistics of the United States Department of Labor. This fee djustmenn shall be calculated as follows: it shall be increased by the percentage increase in the CPIW as repeated for the month of September preceding the Adjustment Date. A fee shall not be reduced by reason of such calculation. However, f increases in accordmce with this calculation shall not exceed 5 percent per year. Section 09, Certain 1 from fee section rewritten Section 8.65.100 of the Jefferson County Code (or'9CC) is hereby repealed and replaced so chat it shall read in its entirety m follows: Parcels within the boundaries ofthe City of Port Tommond and the Putt Ludlow Master Planned Resort commend to a smitary sewer service will not he subject to this fee. Lands classified as forest land under Chapter 84_33 RCW and timber land under Chapter 84_34 RCW shall not be subject to mid fee (m required by Chapter 90.72 RCW). Additionally, any parcel that is owned by, and is the personal residence of a person or persons approved by the county masseur for a senior citizen or disabled persons property sax exemption order RCW 84 36.381 (m currently enacted or hereafter amended) is hereby exempted from this fee. Section 10 Severabilisv If my provision of this ordinance, or its application to any person or cimumstances, is held invalid, the remainder of this ordinunee, or the application of the provisions to other persons or communism shall not be afiecorl Section 11, Effective Dare: This ameMmurc to JCC 8.65 sball take effect seven (7) days after adoption. ADO, 3 ,aj "day of�, 2014. fo eoux 4V, Board of Jefferson County Cormussioners 4� .lo 't, finnan Phil J07 Member ATTEST. C_ o David ul C n vry, Approved asm Form Cmol / �j�,,,3y1251�tf p Deputy Clerkofdre Board David Alvarez, Chief Civil DPA Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Jared Keefer, Environmental Health & Water Quality Director DATE: April 28, 2014 SUDIECT: Clean Water District Ordinance Amendment STATEMENT OF ISSUE: Jefferson County Public Health is requesting an amendment to the Clean Water District Ordinance. ANALYSIS: Jefferson County Public Health (JCPH) has found a number of water quality impairments that have the ability to adversely affect public health and shellfish. Jefferson County Clean Water District Advisory Council (CWDAC) has found that JCPH has used Clean Water District funds to pursue a number of cost - effective projects that have restored and protected shellfish growing areas and clean water throughout Jefferson County. In December 2012, the Jefferson County Clean Water District Advisory Council (CWDAC) develope l is recommendations for Clean Water District Acbvities and stable fundiig. These recommendations were presented to the EOCC in January of 2013. Indicators of human fecal sources were found in IS out of 19 Chimucum sampling sites. ll I I I 1 111 I��11�� Indicators of human fecal sources were found in IS out of 19 Chimucum sampling sites. Regular Agenda The latest monitoring results from the Chimacum Creek basin show high levels of bacteria. Impaired Water Bodies EPA 2012 rc�_ a 59 sites, up frcm 44 in 2008 EPA's Clean Water Act lists 59 water bodies in eastern Jefferson County as impaired by pollutants. r.1 LOim ° lt.'w°�°°Man Chimacum Creek 2011 -12 24 out of 28 _ sites failed 1hr use, WA water quality .e is WOOL standards �— Mesa The latest monitoring results from the Chimacum Creek basin show high levels of bacteria. Impaired Water Bodies EPA 2012 rc�_ a 59 sites, up frcm 44 in 2008 EPA's Clean Water Act lists 59 water bodies in eastern Jefferson County as impaired by pollutants. Regular Agenda Public heading was held on this ordinance revision on April F 2014, at 10:00am. The public comment period was extended to Monday, Affil le 2014 until 4:30pm. Further discussion took place on Monday, April 21', 2014. During the discussion on the 21', R was asked whether or not tax exempt parcels were receiving the assessment It was decided that question needed to be answered before talking action. Staff has followed up on the question about tax exempt parcels and the Clean Water District assessment. Currently, tax exempt parcels are not receiving Jefferson Countys existing Clean Water District assessment. Staff surveyed other Shellfish Protection Distorts In Washington State, and all the districts we successfully contacted also exclude tax - exempt parcels from a district assessment . Legal staff advises tlwt this common practice is well within the legislative discretion provided under RCW 90.72.070, which reads in part, "The county legislative authority establishing a shellfish protection district may finance the protection program through ._(3) reasonable charges or rates specified in its proteclion progmm,..P The proposed Jefferson County ordinance revision is to maintain the current assessment structure and expand that stmcture into the remaining areas of the Clean Water District not served by sanitary sewer. Jefferson County Public Health is now requesting approval to the amendment to the Clean Water District Ordinance to address the CWDAC recommendations, establish a stable funding source with which to address the adverse water quality conditions and restore cut funding. RECOMMENDATION: ICPH management's recommends approval of an amendment to the Clean Water District Ordinance . S W f.-