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HomeMy WebLinkAbout2004-May • JEFFERSON COUNTY BOARD OF HEALTH MINUTES Thursday, April 15, 2004 Board Members: StaffMembers: Dan Tittemess, Chairman- County Commissioner District#1 Jean Baldwin,Health &Human Services Director Glen Huntinlord-County Commissioner District#2 Lary Fay,Environmental Health Director Patrick M Rodgers-County Commissioner District#3 Julia Danskin,Nursing Services Director Geoffrey Masci-Port Townsend City Council Thomas Locke,MD, Health Officer Jill Buhler-Hospital Commissioner District#2 Sheila Westerman- Citizen at Large(City) Ex-officio Roberta Frissell, Vice Chairman-Citizen at Large(County) David Sullivan, PUD#1 Chairman Titterness called the meeting to order at 7:00 p.m. in the Jefferson General Hospital Auditorium,Port Townsend, Washington.All Board and Staff members were present.There was a quorum. City Council members present: Frank Benskin, Kees Kolff, Geoff Masci, Freida Fenn, Catharine Robinson,Laurie Medlicott. • Guests: Luke Boges,Peninsula Daily News; Janet Huck, The Leader; Beth Wilmart,Jefferson County Community Network; Paula Dowdle,Jefferson General Hospital;David Goldsmith,Alan Sartin and Qwen Zorrah, Jefferson County, Pam Kolacy, Corine Stern and David Timmons, City of Port Townsend. APPROVAL OF MINUTES Member Masci moved to approve the minutes of March 18,2004.Vice Chairman Frissell seconded the motion,which carried by a unanimous vote. PUBLIC COMMENT Beth Wilmart,Program Manager with Jefferson County Community Network talked about how the Health Department's early intervention Maternal Child Health Services(nurse home visiting program,breast feeding support) support their program goals of working with community members to prevent child abuse and neglect,youth substance abuse, and domestic violence. APPROVAL OF AGENDA Member Masci moved to approve the agenda as submitted.Vice Chairman Frissell seconded illthe motion,which carried by a unanimous vote. HEALTH BOARD MINUTES -April 15,2004 Page: 2 • OLD BUSINESS AND INFORMATIONAL ITEMS Letter from Carl Osaki,Washington State Board of Health: Chairman Titterness read Mr. Osaki's letter acknowledging concerns expressed by the Jefferson County Board of Health regarding sewage releases from vessels as well as the request that the State Board of Health hold a public forum on whether existing practices and regulations provide adequate health protections. The response also indicates the State Board of Health's intent to monitor the Memorandum of Understanding's impact on cruise ship wastewater management practices and to hold a follow-up briefing on December 8, 2004. Dr. Tom Locke agreed to inquire with the State Board of Health about how frequently monitoring would occur and then report back to the Board. NEW BUSINESS Special Meeting with the Port Townsend City Council "Sharing Responsibility for Public Health" Chairman Titterness opened the joint meeting by recognizing the financial challenges facing all levels of government as well as the various duties prescribed under the RCWs. He noted that the expanded Board of Health—with County Commissioners, City Council,Hospital Board • representative and citizens at large—has operated much like a Health District and has a broader agenda than the services required or mandated by the County. Welcome/Introduction: Paula Dowdle, Chief Operating Officer for Jefferson General Hospital, and Member Buhler welcomed the City Council and Board of Health to the Hospital Auditorium. Member Buhler talked about the Hospital District's mandate to provide emergency services to all members of the community regardless of their ability to pay and the Hospital Commission's extension of this mandate to ensure the availability of basic health care. With over 70% of all hospital patients being Medicare or Medicaid insured, the dependence on strangulated federal funding has impacted the hospital and local practices alike. She explained how Jefferson General addressed funding challenges by partnering with and subsidizing doctors by paying a flat fee for each patient treated and taking advantage of a critical access hospital program that pays cost-based reimbursement.A long-term solution is still being sought and will require partnering and collaborating with other entities such as is occurring between the Hospital Board and the expanded Board of Health,which includes the County Commissioners. The Crisis in Public Health Funding: Dr. Locke noted that the agenda packet included a significant amount of background information about public health services. In speaking of the tradition of partnerships among the public health community,he noted that funding in this State has always been a joint responsibility. Legislative actions in 1993 attempted to solve a perceived problem by taking money from cities and giving it to counties,absolving cities of the responsibility for public health. But since legislative actions further reduced this source,funding for public health has become extremely uncertain and the stability of public health has decreased. 411 • HEALTH BOARD MINUTES -April 15,2004 Page: 3 Member Westerman asked why the legislature had changed the historical relationship between cities and counties?Dr. Locke explained that they had hoped that redirecting the funds would produce a long-range solution. As funding was done differently from year to year in different jurisdictions, the Motor Vehicle Excise Tax(MVET) was thought at the time to be a more stable funding source. Noting that he would deliver the infamous"train wreck"presentation to the City Council on April 26,David Goldsmith provided background about MVET funds,which came out of Referendum 48. While citizens voted for this referendum,the funding source was later changed. The local impact is that because the County fundamentally is funded by property taxes (which are capped at 1%), it is unable to grow to keep up with inflation.While there is growth due to new construction and some increase in sales tax,this provides only about 20%of the total revenue source. For this year, Jefferson County citizens' portion of the local public health department's $3.5 million program budget was $450K. In order to maintain even a decreased level of service, the County had to take money out of reserves from prior years and put it into this year's budget. He noted that about$70- 80K in reserves that was used to fund this year's budget would not be available for 2005. Given that the$450K is also not likely to expand and because ongoing contract negotiations are likely to raise labor costs to some degree, and that personal healthcare insurance premiums have increased, it is certain that the Health Department's delivery of services will be impacted. He recognized that the City has been a great partner in dealing with regional services and that despite the revenue issues they both face, the City and County continue to have a good working relationship. • Commissioner Huntingford noted that this is the first time the County has used reserve money for ongoing expenses, an act that was thought to be unsustainable. While the Commissioners felt the programs were so important to keep going this year and that grant funds are being stretched as far as possible,the County is not only asking the City to help with funding,but also with program prioritization. Jean Baldwin then reviewed graphics showing a breakdown in revenue,which since 1994 has remained relatively flat at$400K, and explained how grant funds are matched and leveraged. Long-term Solutions: Dr. Locke and Jean Baldwin reported that this problem is not unique to Jefferson County,but is a statewide problem. Starting and abandoning programs because of a lack of funding is also very costly and an ineffective way to improve community health. It is known that the solution—a stable source of funding—must come statewide. The discussion between Council and Board is not to make decisions on long-term solutions,which would come from action throughout the state,but to fmd short-range solutions. Dr. Locke further explained that the State has authority to levy property tax in excess of what they actually use,which was the previous source of funding. Asked what the hospital would do if patients start coming to them for services no longer offered by this or other health departments, Paula Dowdle responded that the hospital is already seeing an increase in the need for services from local citizens.Noting that the Hospital had taken over childhood immunizations two years ago,she said that they would face even greater demand if other programs were not funded. Ms. Dowdle said that while they do not have a huge influx of out-of- 410 county residents at this time, if they did,it would be disastrous because the hospital is mandated to see all patients. Jean Baldwin added that the Health Department traditionally refers individuals from HEALTH BOARD MINUTES -April 15,2004 Page: 4 • outside of the County to their own County Health Department. Member Buhler said she does not believe there is a policy for expanded services but she personally would not support treating individuals from other areas if it meant putting our own community members at risk. Asked by Catherine Robinson about the basis for his optimism about long-term solutions, Dr. Locke referred to Winston Churchill's observation that Americans always do the right thing—after they have exhausted all other alternatives. While he would not now characterize himself as optimistic about 2005,it depends on how bad things get.A collapse of health departments even in rural Eastern Washington is not insignificant. The public health system, especially in communicable disease control,is only as strong as its weakest link.He noted that public health is extraordinarily efficient,using about one percent of healthcare dollars. The Tri Association of Cities and Counties would pursue legislation for long-range funding. Using the concept of triage, David Sullivan said it would seem that you would need to prioritize the people's most vulnerable needs first and then really work for that long-term solution. He referred to the Oregon Health Plan,where they number and prioritize what gets paid for with the plan. They say,"We can afford up to 240 conditions and after that we cannot fund it anymore."The next year, maybe it is up to 238 and those other two just don't get treatment. It seems like you would have to do that in the short term for this kind of public health need and look at the whole budget. He is concerned about pinning parts of the budget against each other. Jean Baldwin said that the League of Women Voters recently held a long, informal discussion about • the fact that government help will always be needed by those who are in trouble or who are at the highest risk(law and justice,jail costs, some prevention). It is really a leap of faith to believe that good, science-based, absolutely clear prevention reduces child abuse and the number of kids in foster care raises literacy and increases quality of health. Prevention is cheaper than jail. Chairman Titterness said he believes it has been the goal of the Board of Health to provide those preventive services to the best of our ability. While it doesn't fit in that narrow category of mandated services it is a County Health Department that actually operates as a greater community health district. Finding a Short-Term Solution: Referring to the written 2004 Community Health Budget and Proposal formulas, Jean Baldwin and Dr.Locke explained that the intent was to show the proportional use of services by the City. The figures reflect only the Nursing Program,which is the section having the largest community impact with prevention. The tables showed the current local general fund contribution in these program categories and the discrepancy between revenue received and the actual costs of the services. Both the"population-based"and"assessed property value" formulas show the total program subsidy,the percent of Port Townsend users, the City's share of the subsidy,less the City's current share to arrive at the City unfunded share. These formulas are two rational ways to look at the proportional use—how many City residents use services relative to non- city residents —and a look at crediting City residents for the support they currently provide through County property taxes. It is not surprising that there is a high rate of use by those actually living within the City limits. Staff confirmed that the City was included in the County population and the fair market value figures. • • HEALTH BOARD MINUTES -April 15,2004 Page: 5 Dr. Locke pointed out that if you were to try to cut$150K from the budget,you would begin to see how funding is being leveraged and balanced with matching funds. The removal of a small amount of funding for the Communicable Disease program would likely mean there would be no communicable disease control. He then described the four forms of public health jurisdictions— single county health departments, single county health districts,multi-county health districts (four in the State),and city/county health districts. The only structure that would apply to Jefferson County would be a city/county health district,because of the needed threshold population of about 100,000. He noted that until 1977 Jefferson and Clallam Counties comprised a health district(Olympic Health District). Kees Kolff then asked Dr. Locke to comment on Clallam County's public health funding and why the multi-health district did not continue?Dr. Locke responded that Clallam County has been running on reserves for the last two years and is facing a crisis similar to Jefferson County. Several Clallam County programs are less ambitious,such as their early intervention child services.In February, Clallam County Commissioners voted to enlarge the Board of Health for the primary reason of expanding the base of support for public health. David Goldsmith recalled that the reason behind dissolving the multi-county district had to do with service delivery issues, differing needs, and accountability of staff. Environmental Health was the biggest program and there were not a lot of prevention services. Vice Chairman Frissell said that she cannot remember one time in her six and half years on the • Board when there was any kind of dichotomy between City versus County. It is a Board of Health for everyone who lives here and even though three of the seven members represent City residents, the Board never discusses services in terms of City or County. Addressing the question of how program priorities would be set,Jean Baldwin said the Board of Health has governing authority. David Goldsmith agreed that the Health Board sets the program but the County Commissioners have said they cannot deliver the amount of money necessary to carry all of the programs. So options are to either change program services delivery or change the pie of funding. Chairman Titterness clarified the Board of Health did not expect decisions from any entity tonight. The purpose was to convey information, answer questions and discuss possible solutions. Member Masci proposed that a health district has been discussed previously as a long-term solution. Recognizing the separate City and County flat revenue situations,he said for the City to make cash contributions it would have to either offer diminished levels of service or cut services or personnel across the board(close the pool or lay off two people). The County faces similar issues. He also talked about how cuts in State funding are negatively impacting the City,who has the least capacity to increase its revenues. Looking beyond jurisdictional boundaries,he believes there needs to be a discussion, including the hospital, of the expected levels of service. He proposed that the City first recognize the need for sharing the responsibility for public health and at least make a moral commitment to a workgroup to craft short-term and long-term solutions even if it means lobbying in Olympia. If the City can find the funding,they would need assurances that the money would be • allocated and deposited to the appropriate fund rather than the general fund. David Goldsmith noted there is a general fund contribution to public health,but the Health Department is a separate fund HEALTH BOARD MINUTES -April 15,2004 Page: 6 • that stands by itself. Commissioner Huntingford agreed that it all comes down to level of service. Each time there is a discussion of regional services,the issue of what services City residents—as County residents—are entitled to arises. Jean Baldwin noted that in the East,every Township,County,City has a Health Department. She believes the County Health Department is as small as a Health Department should ever be and still there are many opportunities for State and Regional collaboration. Kees Kolff asked if there has been consideration of again sharing services with Clallam County and going back to a multi-county district?Dr. Locke said that while there has not been serious discussion of a multi-county district, from a service delivery standpoint, such as emergency preparedness,the two already share staff and resources. There has also been support from the Board of County Commissioners of both counties to provide services in the most efficient way. Commissioner Rodgers,while not proposing what would amount to a merger,pointed out that State law does permit a unified City/County with one Public Works,Health Department,Planning, etc. Freida Fenn said it seems easy to make the commitment to coming up with a vision of a long-term solution and added that she would also like to see all elected officials from the County drive to Olympia. She was not confident that there would be federal assistance. She agreed it does not feel good to be the last and smallest taxing authority on public health. She saw several possible options, none of which she liked: 1)Merge Jefferson and Clallam Health Departments,2)County covers the • shortfall and cuts services in other areas, 3)County raises taxes—making its case and going to the voters,4) City pays its suggested$130-$150K share,with the consequence being that the City would have to cut the same amount of City services, 5)City raises taxes and they would have to put it on the ballot—in which case she would want to see more representation of the City on the Health Board,and 6)Let services collapse, go through triage, and take the crisis lobbying to the State and Federal governments. She would like more options to add to the list. Member Masci added the option of banked capacity. Chairman Titterness agreed that merging City and County governments could make a health district and other services more efficient. There might not be the political will to do it in our community, but it could be a practical solution and should be put before the voters. Freida Fenn commented that she sees this as a long-term solution. Kees Kolff asked if there are less drastic ways to share services and resources?He noted that City Manager David Timmons has provided the Council with the list of ways in which the City has been increasing its contribution to regional services.He reported that since 1996,the City's share of services has gone up from$200K to $800K a year,which includes picking up the pool,jail, and other things.If deciding an appropriate relationship between the City and County with regard to health services,all services should be examined—recreation included—so that a partnership in health be consistent with the other ways in which we are partnering.He is in favor of the City and County working together to figure out how to solve the problem because he believes it is a critical . service. • HEALTH BOARD MINUTES -April 15,2004 Page: 7 David Sullivan noted that the PUD is getting ready to spend money on more treatment at its Sparling well and reminded the Board that there is a proposal to the City to instead buy water wholesale from the City,which might provide it with an estimated$100K in additional revenue. Member Westerman recalled that when she was on City Council, in the late 1980s,the City was contributing to the County public health. When the legislature took away the MVET money and gave it to the Counties for public health,it eliminated conflict by taking public health out of politics. The reason she believes the County Commissioners were brave enough to expand the Health Board was because they also believed that public health should be taken out of the realm of politics. When the legislature took away the MVET money to fund public health,the County was left to pay the salaries of all the nurses at the Health Department that were giving immunizations to children of City residents. The Department has done a great job of providing preventative public health services that in the long term will save all of us money. While the City of Port Townsend has had a lot more courage to do so in the past, it needs to recognize that it has a responsibility to look at ways of generating revenues to address needs of the community. The County needs to look at raising more money through property taxes; the City needs to look at ways to support these and other services— such as the pool and recreation—that serve City residents. She is nervous about putting this to a vote of the people,because the vote of the people on their license tabs is what got us into this situation. She does not believe that combining positions would solve the problem,nor does she believe it's possible to have one person necessarily do two positions. She does not want to see the elimination of programs that we have spent ten years building. • Commissioner Huntingford said he could provide a history lesson about how the City got the pool. We need to decide what City residents are really paying for with their tax dollars. The County might have the ability to raise property taxes and in certain cases,it can raise sales tax but it currently does not have the City's ability to raise taxes for utilities and other things. Chairman Titterness said that from the County Administrator's explanation,you would understand that even if the County raised taxes and took the whole 13%of banked capacity next year it would be back in the same situation in a few years. Member Masci responded that while the City appreciates David Sullivan's offer,he noted the City currently does not have a secure water right. Laurie Medlicott said it does not really matter whether as a citizen she is going to pay for services through the City or the County,the fact is that if she wants that health service she has to pay for it. She would like to redirect the discussion to how we as elected leaders can justify these expenses to the public as necessary to the community's health and presenting them with their options for paying for it. Member Buhler agreed, saying if we can agree that public health is our number one priority,we can begin other discussions. How we get there is up to the entities. City Manager David Timmons said this issue has been a debate since he arrived. While he does not • have a lot of history here he has the advantage of having seen how it is done elsewhere. He has also worked in a State where there were no counties. His advice was that the formula should not break HEALTH BOARD MINUTES -April 15,2004 Page: 8 out City residents as a different form of service client than anyone else. It should just be a county system. If we are going to talk about the City paying as a taxing jurisdiction,then we should also consider other taxing authorities such as the School District,the PUD, and Port because they all have a relative tax burden,obligations and duties. As a professional,he looks at the duties and responsibilities of the City as a jurisdiction and whether we are meeting those obligations. The City is also headed toward a similar train wreck and finding it hard to maintain their infrastructure given their$500K to$750K operating deficit.A shift of funding might solve this problem but create a problem somewhere else. In some respects,he agrees we need to look at structural changes. Tonight, the Parks District Task Force is going to be finishing its work and would be reporting to council on the possibility of raising taxes in the City to support park services. If we were to consolidate all park services within the City as a City service,the County would be relieved of the liability for its in-city park services and be able to use the savings to meet its obligations to the Health Department.The challenge would be to find a way to make the funding fit within the statutory framework. Chairman Titterness said the scope of the statutory requirements of the Health Board and Health Department are not what we are talking about tonight,but rather the scope of the services that we provide.The Health Board effectively representing the City's position has been advocating for these additional services and so that is something that should be clearly defined.What we are working against is not the narrow scope of required services of the County Health Department,but those things that are preventative that we want to do within the community. Manager Timmons said the County has a tremendous wealth of assets and resources,but the biggest • problems we have are institutional barriers.There is a need to address the concerns of the youth for recreation access within the community. For example,they have a community center that youth cannot get access to not because of a conflict but because of an institutional barrier. The Parks District is just one option on the table. Frank Benskin asked about the Health Department's timeframe for a change in services?Jean Baldwin noted that as of July l',the maternal child health federal grant would be lost and the department would be going into a program revision and would begin layoffs in July. At the end of May,she would need to decide whether to send out layoff notices. Frank Benskin confirmed that incremental payments might also be possible. Kees Kolff noted that Michelle Sandoval could not be here tonight due a conflicting meeting. He would like to take this issue back to Council for further discussion. David Sullivan said there is a lot of giving in the community and there might also be opportunities for a public/private partnership. Laurie Medlicott asked if and when this issue comes before the Council for consideration, she assumes there would be some sort of packet of information that would include an explanation as to why this didn't get brought to the City's attention before it became a sudden emergency?David Goldsmith responded that he had authorized the spending down of reserves to build a year of transition until Federal and State impacts for funding maternal child health were fully understood. The real crisis will come in 2005. • File Copy Jefferson County Board of Health Agenda Minutes May 20, 2004 • • JEFFERSON COUNTY BOARD OF HEALTH Thursday,May 20,2004 2:30—4:30 PM Main Conference Room Jefferson Health and Human Services AGENDA I. Approval of Agenda II. Approval of Minutes of Meetings of April 15, 2004 III. Public Comments IV. Old Business and Informational Items 1. Cruise Ship Wastewater Discharge Pact Signed 2. Follow-up April 15,2004 Board of Health-City Council Meeting 3. West Nile Virus Surveillance: 2004 Season Starts V. New Business • 1. Introduction: Interim Environmental Health Director 2. Clandestine Drug Lab Ordinance—.Adoption Hearing 3. Draft Solid Waste Ordinance—Pre-Adoption Briefing and Call for Public Hearing on June 17, 2004 4. Public Health Emergency Preparedness and Response Update VI. Activity Update VII. Agenda Planning VIII. Proposed Next Meeting: June 17,2004 2:30—4:30 PM Main Conference Room Jefferson Health and Human Services • • Board of Health Old Business Agenda Item # IV., 1 • Cruise Ship Wastewater Discharge Pact Signed May 20, 2004 • News from the Governor Page 1 of 2 Governor Gary Locke A:P:4 lay r ; Sw April 26, 2004 >>Search:�.- ®Powered by.-- - -- _..__ _ ._.__ Ask George Hoi!le K � Pru Governor < a ,.4. _.,Releases News EXCE About the Governor Educ Cabinet Office of Governor Gary Locke Senior Staff FOR IMMEDIATE RELEASE -April 20, 2004 Ecor Executive Orders Contact: Governor's Communications Office, 360-902-4136AIt Cres Proclamations Contact: Larry Altose, Department of Ecology, 425-649-7009 or Mick Prot Boards and Commissions Shultz, Port of Seattle, 206-728-3091 Contact the Governor Enh< First = M. Gov. Gary Locke Signs Cruise Ship Wastewater Rest Discharge Pact About the First Lady Effic Staff Hig The Residence Gov. Gary Locke today signed a memorandum of understanding to guide Kids Page the environmental practices of cruise ships sailing in Puget Sound. Ke) NewNm R' a �'� Joining Locke at the signing ceremony were Linda Hoffman, director of Media Contacts the state Department of Ecology; Paige Miller, commission president of News Releases the Port of Seattle; John Okamoto, chief administrative officer of the Port Working Capitol of Seattle; John Hansen, president of the Northwest Cruise Ship • Speeches Association; Captain Danny Ellis of the U.S. Coast Guard; and Kathy Budget and Policy Fletcher, executive director of People for Puget Sound. 2004 Bill Action "I congratulate the commitment the cruise industry is making to do business in a manner that protects our environment," Locke said. "This Washington State Facts agreement shows that we can embrace economic development without Photo Gallery sacrificing environmental protection." The 50 State QuartersTm The state Department of Ecolo Program P gy, the Northwest Cruise Ship Association State Legislature and the Port of Seattle developed the agreement signed today. The pact will provide new protections for Washington's marine waters while Washington Courts meeting the business needs of the growingcruise US Census 2000 industry in this region. The agreement will also provide open access to environmental information about cruise ships operating in Washington. "The cruise industry has agreed to requirements that are similar to what's imposed on on-shore facilities," Ecology Director Hoffman said. "There will be high visibility, which translates into high accountability." Port Commission President Miller said, "Right from the beginning of the homeport cruise era in Seattle, the Port of Seattle was very clear that we expected nothing less than the highest environmental standards for ourselves and for the cruise lines. This agreement reflects that commitment. It goes beyond the very tough Alaska regulations which were considered the gold standard of regulations." Locke added, "The bottom line is that we gain a lot through this agreement. We will foster an important maritime industry while also raising the level of protection as the ships pass through our treasured and vulnerable marine waters." Cruise ships calling at the Port of Seattle brought$124 million in business • revenue, $39 million in payroll and $3.8 million in taxes into the regional economy in 2003.Those figures are expected to grow by more than 50 percent in 2004, according to an economic impact study recently released by the Port of Seattle. http://www.governor.wa.gov/press/press-view.asn?DressRelease=15 85&newsTvne=1 4/26/2004 • Board of Health Old Business Agenda Item # IV., 3 • West Nile Virus Surveillance: 2004 Season Starts May 20, 2004 • CDC: West Nile Virus - Surveillance and Control of West Nile Virus - CDC Division of Vector-... Page 1 of 1 41, 2004 West Nile Virus Activity in the United States (reported to CDC as of May 12, 2004*) The human case previously reported in Ohio was determined to be negative for WNV infection upon further testing. ©Indicates human disease case(s). aft a' ISI Avian, animal or mosquito infections. ,-.-•.,,,,- WA WA 1111V ND igivirk „si OR IDNH Ila IA ill -,41,1V MA te OH � j,llr RI COCM fVA�V liodi MOr ig, CT "4104OKMEIPSIGII 14,10 AZ AR NJ 9 DE G tea..--�' � i AK -, , ;Y MD 0 . "'No -- ri vt"' DC WV HI *Currently, WNV maps are updated regularly to reflect surveillance reports released by state and local health departments to the CDC Arbonet system for public distribution. Map shows the distribution of avian, animal, or mosquito infection occurring during 2004 with number of human cases if any, by state. If West Nile virus infection is reported to CDC Arbonet in any area of a state, that entire state is shaded accordingly. Data table: Indicates avian or animal infection reported to CDC ArboNET for public distribution as of May 12, 2004 from the following states: Alabama, California, Florida, Georgia, Louisiana, Mississippi, New York, Pennsylvania and Texas. • http://www.cdc.gov/ncidod/dvbid/westnile/surv&contro104Maps_PrinterFriendly.htm 5/13/2004 Environmental Health Homepage Page 1 of 3 ,:‘,1;,,,,,2,:, °'.;1:311' ' --' e$r • iecfersonCounty ,. ».a =" as °"" ' " ..--.:„,7-,1,--7.:7;2:=31!:-..,, e ;,.'., ° ;.°".,d.. ";, .°' ,: . OftrYN--‘,.. =:-' y gypf g r}' p�}'�` /'� » S x s e Home � County �partme 8.7 61 h Environmental ' 4-'West Nile Virus Health VP EnvHealthiiQuicklLinks What is West Nile Virus? Food Permit Since 1937 when the virus was first discovered in the" Applications West Nile district of Uganda, West Nile virus has been k' Electronics Recycling the cause of a number of severe outbreaks. In recent years, the virus has emerged in Europe and North America posing a threat to both public and animal ltd`- health. Rapidly spreading across the United States, the virus has been detected in 45 states. In 2003 the ADDRESSCenters for Disease Control received reports of 9,858 615 Sheridan Street human cases of West Nile Virus from 45 states. About Port Townsend, 6800 of these were reported as fever and about 2860 WA 98368 were reported as West Nile encephalitis or meningitis. There were 262 deaths attributed to West Nile Virus. PHONE The median age of the fatal cases was 76. Phone: 360.385.9444 Fax: 360.385.9401 In Washington State, West Nile virus was detected in Email: four counties in 2002. A raven from Pend Oreille • envhealth@co.jefferson.wa.us County, a crow from Snohomish County, and two HOURS horses from Island and Whatcom counties tested Monday- Friday positive for the virus. In 2003 surveillance in 9:00 to 4:30 Washington was increased. Over 900 birds were tested and all were negative. Over 100 horses that Weekends showed symptoms were tested and all were negative. Closed Over 100 human illnesses were investigated and thirteen were positive for West Nile Virus. However, these were all due to exposure to mosquitoes outside Washington. To date there have been no reports of human cases acquired in the state. Statewide surveillance will continue in 2004 for the virus in birds, animals and humans. How is it Spread? West Nile virus is spread by the bite of an infected mosquito, and can infect many types of birds, horses, and people. The virus is not believed to be spread from person to person or from animal to person. Mosquitoes pick up the virus by feeding on an infected bird. • 4 4 it 4 4 4 4 4 * 0 * * 0 4 4 4 4 4 0 0 4 A 4 * What are the Symptoms? Most people who become infected with West Nile virus http://www.co.jefferson.wa.us/health/West%20Nile%20Virus.htm 5/13/2004 Environmental Health Homepage Page 2 of 3 have either no symptoms or only mild symptoms like a fever, headache, and body aches. On rare occasions, infection can result in a severe and • sometimes fatal illness known as West Nile encephalitis—inflammation of the brain. The risk of severe infection is higher among people who are 50 and older. 40 40 * 6406 004 0000 00 What Can I do at Home? The most important steps in protecting your family are to prevent mosquito bites and reduce mosquito habitat around your home. Follow these tips: Reduce Exposure to Mosquitoes • All windows and doors should be fitted with appropriate screens in good repair. In addition screen doors should be self-closing. In areas with high mosquito populations you may want to consider screen porches or enclosures when sitting out. • Stay indoors at dawn and dusk when mosquitoes are the most active. • Wear a long sleeve shirt, long pants, and a hat • when going into mosquito-infested areas, such as wetlands or woods. • Use mosquito repellant when necessary, and carefully follow directions on the label. Reduce Mosquito Breeding Areas • The mosquito life cycle is as little as 7 days. Mosquitoes need stagnant water for eggs and larva development. • Empty anything that holds standing water—old tires, buckets, plastic covers, and toys. • Change water in your birdbaths, fountains, wading pools and animal troughs weekly. • Recycle unused containers—bottles, cans, and buckets that may collect water. • Make sure roof gutters drain properly, and clean clogged gutters in the spring and fall. • Fix leaky outdoor faucets and sprinklers to reduce puddles. Should I be Spraying for Mosquitoes? • In general, spraying for adult mosquitoes is ineffective or at best only marginally successful. Additionally, spraying for adult mosquitoes can be detrimental to non-target or desirable species. Effective mosquito control involves integrated pest http://www.co.Jefferson.wa.us/health/West%20Nile%20Virus.htm 5/13/2004 Environmental Health Homepage Page 3 of 3 management principles. These include habitat management, surveillance, species identification and strategic use of approved larvicides. It is important to • note that pesticide use is regulated by the Departments of Agriculture and Ecology. Any use of pesticides for controlling mosquitoes must be done in accordance with applicable licensing and permitting requirements. What about dead birds? As in recent years, Jefferson County Health and Human Services will be cooperating with the Washington Department of Health to conduct bird surveillance. Although bird surveillance was stopped in the fall of 2003 when mosquito activity declined, it is anticipated that we will again be interested in testing birds this spring beginning May. Corvid birds, crows, ravens, magpies and jays are of particular interest. For more information about West Nile Virus call the Washington Department of Health hotline (1- 866-78VIRUS) or Jefferson County Health and Human Services (360-385-9444). For information regarding or reporting dead birds phone Jefferson County Environmental Health (360-385-9444). 5. . * West Nile Virus Links • Wa State Dept of Health West Nile Virus Website Departmentof_Ecology CDC West Nile Virus WSU West Nile Virus Website Je ts0 O ly HOME I COUNTY INFO I DEPARTMENTS I SEARCH Best viewed with Microsoft Internet Explorer 6.0 or later Windows-Mac • http://www.co.jefferson.wa.us/health/West%20Nile%20Virus.htm 5/13/2004 Port Ludlow Voice Page 8 The West Nile Virus Humans infected with WNV typically show no symptoms, Epidemic—Are We Next? but about 20 percent of all victims will experience mild fever,headache and body aches. Less than 1 percent of 4107 Conrad E.Yunker,Scientist Director(Ret.), U.S.Public Health Service infected individuals will develop more severe symptoms, mostly flu-like,but at times including paralysis,coma and West Nile virus(WNV)emerged in North America,near encephalitis.Fatality rates in the U.S.for West Nile New York City,in 1999.Spreading rapidly throughout encephalitis have ranged from 5 to 15 percent.Severity of much of the continent,its westward progress was halted the disease is age-related. Only about 4 percent of by cold weather late last year,just short of Washington reported cases were in persons younger than 18,while and Oregon.The virus,which is transmitted by mosqui- those over 50 years of age showed the highest rate of toes,primarily among birds,has caused disease in humans serious illness.Almost all human infections occur through and a wide variety of wild and domestic animals.Its rapid bite of infected mosquitoes;but in rare cases,transmission spread implies an eventual,if not imminent,public health by blood transfusion,organ transplantation,and breast- problem for our state. feeding has been documented.Neither preventative vaccines nor anti-viral therapies for human WNV infec- Anticipating this,the State Department of Health,in conjunction with county and local officials,has initiated bons have been developed. efforts to monitor for WNV.Included are programs At least 27 species of mammals other than humans are tracking reports of dead birds,laboratory testing for virus susceptible to WNV infection,and overt disease has been in selected dead birds,trapping and identifying mosquitoes, observed in most of these. Infections can be severe in notifying health-care providers and veterinarians of how to domestic animals,including horses and donkeys.As with identify and report cases of WNV,and distributing infor- humans,most horses do not get sick,but a third that do mation on the virus and how to avoid infection. can be expected to die. Commonly,a variety of wild birds,particularly corvids A WNV vaccine is available for horses.Based on labora- crows,jays,ravens and magpies),serve as reservoirs of tory observations,infected cats and dogs are less likely Infected birds,which tend to sicken and die,often than other domestic animals to develop serious disease. signal the presence of the virus in the area months before it is seen in the human population.Thus,it has been Personal protection from mosquitoes is the key to avoiding infection with WNV.During warm weather,particularly in proposed that deaths of the American Crow, Corvus early mornings and in evenings,use of repellents contain- brachyrhynchus, serve as a national early warning system for WNV activity. Larry Fay, of Jefferson ing DEET and wearing of long sleeves and pants while County's Environmental Health Department,notes that out-of-doors are recommended.Doors and windows this spring his department will again take reports of-dead should be screened.Standing water,a potential breeding birds,particularly crows, and receive the carcasses for source for mosquitoes should be eliminated or frequently possible WNV testing.Despite no evidence that a person drained. Some sources can be treated with"BTI,"a can get WNV from handling infected birds,other infec- commercially available,biological control agent that tious agents may, in fact,be present.Thus,gloves or contains the mosquito pathogen Bacillus thuringensis inverted plastic bags should be used to place the carcass israelensis. in a plastic bag,which is then closed and secured within a Self-contained landscape ponds may either be treated with garbage can that is protected from scavenging animals. BTI or stocked with fish,such as goldfish,which feed on Be sure to note the locality and date of collection on the mosquito larvae and pupae.However,Fay cautions that bag.After calling Fay's office at 385-9444,specimens application of insecticides to bodies of water that overflow may then be taken to the Environmental Health Depart- or otherwise drain into sewers or surface waters requires ment in Port Townsend.From there,if suitable,the birds permission from the Washington Departments of Ecology will be sent to Washington State University for testing. and Agriculture.In addition,a licensed person must apply Carcasses collected on weekends should be double- the substance.He notes that any agency or organization "lagged and,if feasible,refrigerated. contemplating mosquito control should begin the necessary ovaK l!akin, 115h*�d • News Release For immediate release: April 30, 2004 (04-044) Contacts: Tim Church, Communications Office 360-236-4077 Donn Moyer, Communications Office 360-236-4076 Department of Health urges public to take steps now to fight West Nile virus Warmer temperatures bring mosquito season back to Washington OLYMPIA—Warmer weather in spring and summer means mosquito season in Washington. Some of those mosquitoes may be carrying the West Nile virus (WNV), so the Washington State Department of Health is urging the public to take steps now to prevent exposure. Effective steps include eliminating mosquito breeding areas around the home and avoiding mosquito bites. "We were fortunate last year," said Secretary of Health Mary Selecky. "There have been no human cases of West Nile virus infection acquired in our state; however, we expect the virus to show up here and people should be prepared to protect themselves." • West Nile virus is spread to birds,horses and humans by infected mosquitoes. One of the best ways you can protect yourself and your family against West Nile virus is to avoid mosquito bites. If possible, limit your time outdoors at dawn and dusk when mosquitoes are most active. When going outdoors, wear lightweight clothing that covers the arms and legs and use mosquito repellent. Repellents that contain DEET are the most effective. Be sure to follow the instructions on the label. Containers around the home that catch and hold water provide prime breeding habitat for many mosquito species. Remove standing water in cans,bottles,buckets, old tires, drums and other containers. Change water at least twice a week in flower vases,birdbaths,planters, and animal watering pans. It also helps to repair leaky pipes and outside faucets, and make sure rain gutters are clean and working properly. Make sure door and window screens are in good shape—without holes and properly in place—so they close securely and keep mosquitoes at bay. Very few people who are bitten by an infected mosquito ever get sick or require treatment; most will not have any symptoms. About one-in-five will have mild flu-like symptoms, such as headache, fever and body aches that may last for a week or two. Some people may have more --More-- Mosquito season is coming April 30, 2004 Page 2 • serious symptoms. In rare cases, severe symptoms develop, such as high fever, neck stiffness and inflammation of the brain. The Department of Health is working closely with local health departments to prepare for West Nile virus. Statewide monitoring for the presence of the virus will resume later this spring including selective testing of dead birds and mosquitoes. More information including regular updates of any reported cases in birds, horses and humans is available on the Department of Health West Nile virus Web site(http://www.doh.wa.gov/WNV). This site also contains links to the other state agencies involved in WNV and mosquito control, such as the Departments of Ecology,Agriculture, and Fish and Wildlife, as well as links to the Centers for Disease Control and Prevention(CDC). tt## Visit the Washington Department of Health Web site at http://www.doh.wa.gov for a healthy dose of information. • 4111 --More-- Board of Health New Business Agenda Item # V., 2 • Clandestine Drug Lab Ordinance Adoption Hearing May 20, 2004 øa PUBLICHEALTH Always Working for a Safer and s � ° ' HEALTHIER JEFFERSON Memorandum TO: Jefferson County Board of Health From: Larry Fay Environmental Health Director Date: May 11, 2004 Re: Draft ordinance addressing clandestine drug labs The attached draft ordinance has been revised to include the BOH changes from our February meeting. The adoption hearing notice was run in the Port Townsend Leader in April. Staff recommends that the Board adopt the ordinance as revised. • COMMUNITY ENVIRONMENTAL DEVELOPMENTAL HEALTH HEALTH SUBSTANCE ABUSE (360)385-9400 (360) 385-9444ATHDISABILITIES &PREVENTION (360)Z35-9400 (360) 385-9400 615 Sheridan Street, Port Townsend, Washington 98368 fax: (360) 385-9401 web site: www.co.jefferson.wa.us An Ordinance relating to the public } Jefferson County • health hazards arising from real } Board of Health properties and structures contaminated by } Ordinance # Illegal Drug Manufacturing or Storage } and establishing procedures for minimizing the public risk arising } from such contaminated properties } and structures } WHEREAS, the storage and manufacture of illegal controlled dangerous substances such as methamphetamine is occurring frequently in counties of this state; and WHEREAS, the storage and manufacture of illegal controlled dangerous substances such as methamphetamine is particularly prevalent in rural counties such as Jefferson County because so much of the county is not densely-populated, thus promoting the ability of those persons storing and manufacturing illegal controlled dangerous substances to hide and remain secret; and WHEREAS, the storage and manufacture of illegal controlled dangerous substances such as methamphetamine amounts to an epidemic in rural counties such as this one; and WHEREAS, this epidemic has overwhelmed and will continue to overwhelm the quite limited resources of this county; and WHEREAS, responsibility for clean-up costs should rest with those who tolerate or condone the behavior of storing or manufacturing illegal controlled dangerous substances at or upon their structures or real property and not upon the general populace as a whole; and WHEREAS, those persons who tolerate or condone the behavior of storing or manufacturing illegal controlled dangerous substances at or upon their real property or structures should risk criminal charges for their behavior,which puts the health and welfare of the general populace at risk; and WHEREAS, the state legislature and state agencies have taken affirmative action to grant authority in this regard to local governments such as Jefferson County to deal with the problems associated with real properties and structures contaminated by the illegal manufacturing and storage of controlled dangerous substances, • 1 NOW, THEREFORE, BE IT ORDAINED BY THE JEFFERSON COUNTY BOARD OF HEALTH as follows: • SECTION I. AUTHORITY AND PURPOSE A. Authority This Regulation is adopted pursuant to Chapters 64.44 and 70.05 of the Revised Code of Washington(RCW) and Chapter 246-205 of the Washington Administrative Code (WAC). All references to these RCWs and this WAC refer to the cited chapters and sections, as now or hereafter amended, and this regulation is supplementary thereto. B. Purpose This chapter provides for the protection of the health, safety, and welfare of the public by reducing the potential for public contact with hazardous chemicals associated with the manufacture of illegal drugs. This chapter: 1) Provides procedures for enforcement of the Jefferson County Health Officer's determinations that property is unfit for use due to contamination from illegal drug manufacturing or storage, 2) Establishes requirements for contamination reduction, abatement and assessment of costs, and • 3) Creates an appeals process for orders of the Health Officer issued to carry out the duties specified in Chapters 64.44 and 70.05 of the Revised Code of Washington(RCW) and Chapter 246-205 of the Washington Administrative Code (WAC). SECTION II. APPLICABILITY This regulation shall apply to any site defined as an illegal drug manufacturing or storage site as per WAC 246-205-010. This regulation shall also apply to any property that is contaminated by illegal drug manufacturing or storage of materials associated with the manufacture of illegal drugs. This regulation shall not apply to industrial or commercial sites licensed or regulated by state or federal agencies where manufacturing processes use hazardous chemicals. SECTION III. DEFINITIONS When used in this regulation,the following terms have the meanings provided below. Definitions for other terms used in this regulation that are not defined below are provided in the WAC Chapter 246-205 and the RCW Chapter 64.44. A. Approved: Approved in writing by the Health Officer. 1111 B. Board of Health: Jefferson County Board of Health. C. Environmental Health Division: The Jefferson County Environmental Health Division. 2 D. Health Officer: The Jefferson County Health Officer appointed under RCW 70.05.050 or the Health Officer's authorized representative. E. Nuisance: Any act or omission that maybe detrimental mental to public health. F. Property: Any site, lot, parcel of land, structure, or part of a structure involved in the illegal manufacture of a drug or storage of hazardous chemicals, including but not limited to: 1. Single-family residences; 2. Units or multiplexes; 3. Condominiums; 4. Apartment buildings; 5. Motels and hotels; 6. Boats; 7. Motor vehicles; 8. Trailers; 9. Manufactured housing; 10. Any ship, booth, or garden; or 11. Any site, lot, parcel of land, structure, or part of a structure that may be contaminated by previous use. G. Property owner or owner: any occupant of property or person having an interest in the property as shown in the records of the Jefferson County Auditor or other such governmental licensing or recording body. SECTION IV. CONTAMINATION REDUCTION A. Applicability The requirements in this regulation apply to contractors and property owners. The requirements in this regulation apply to property that has been found by the Health Officer to be contaminated and unfit for use pursuant to RCW 64.44.020 and 64.44.030, and WAC 246-205-540, including properties found contaminated and unfit for use by the Health Officer prior to the effective date of this regulation. B. Sampling All sampling performed for an initial site assessment or following contamination reduction procedures shall be conducted by a contractor certified by the Washington State Department of Health under WAC Chapter 246-205 or a Jefferson County Environmental Health Specialist using standardized sampling protocols and methodology. • C. Decontamination or ReqDisposaluired q uired 3 1. The owner of a contaminated property shall decontaminate or dispose of the property. The owner shall decontaminate the property in accordance with RCW Chapter 64.44 and WAC 246-205-570, or dispose . of the property in accordance with state and local laws. The owner of the contaminated property shall submit a decontamination plan within forty-five (45) days and decontaminate or dispose of the property within sixty (60) days of notification of contamination by the Health Officer, unless alternate deadlines are approved by the Health Officer. D. Decontamination Work Plans 1. All decontamination activities performed by property owners or contractors must have a work plan approved by the Health Officer. 2. All certified contractors and other persons approved by the Health Officer performing decontamination operations in Jefferson County shall use the "Environmental Health Division's Contractor Work Plan Template for the Cleanup of Illegal Drug Manufacturing Sites", as amended, or the"Washington State Department of Health's Work plan Template", as amended. These work plan templates may be obtained from the Jefferson County Environmental Health Division or the Washington State Department of Health. SECTION V. ABATEMENT AND ASSESSMENT OF COSTS A. After all appeals have been exhausted or if no appeal is filed within the time allowed for filing an appeal as required in Section VIII of this regulation, and the property owner or other persons to whom the order was directed have failed to decontaminate a contaminated property as ordered by the Health Officer under this regulation, the Health Officer may direct or cause the property to be decontaminated,closed, vacated, boarded up,removed, disposed of or demolished, and all costs thereof, including any actual administrative costs and actual attorney's fees and costs, shall be assessed against the property, the persons to whom the order was directed, or the owners of the property upon which the cost was incurred. B. Notice of the costs incurred shall be sent by first class and certified mail to the owners of the property upon which the costs are assessed or other persons against whom the costs are charged. The Health Officer may modify the amount, methods, or time of payment of such costs as he/she may deem just, considering the condition of the property and the circumstances of the owner. In determining any such modification, the costs may be reduced against an individual who has acted in good faith and would suffer extreme financial hardship. . C. Any costs incurred by Jefferson County abating the condition of the property may be collected by any appropriate legal remedy and shall constitute a lien on the property and the lien may be foreclosed in the same manner as real property tax liens. Costs associated with the foreclosure of the lien, 4 1. The owner of a contaminated property shall decontaminate or dispose of the property. The owner shall decontaminate the property in accordance with RCW Chapter 64.44 and WAC 246-205-570, or dispose • of the property in accordance with state and local laws. The owner of the contaminated property shall submit a decontamination plan within forty-five (45) days and decontaminate or dispose of the property within sixty (60) days of notification of contamination by the Health Officer, unless alternate deadlines are approved by the Health Officer. D. Decontamination Work Plans 1. All decontamination activities performed by property owners or contractors must have a work plan approved by the Health Officer. 2. All certified contractors and other persons approved by the Health Officer performing decontamination operations in Jefferson County shall use the "Environmental Health Division's Contractor Work Plan Template for the Cleanup of Illegal Drug Manufacturing Sites", as amended, or the "Washington State Department of Health's Work plan Template", as amended. These work plan templates may be obtained from the Jefferson County Environmental Health Division or the Washington State Department of Health. SECTION V. ABATEMENT AND ASSESSMENT OF COSTS • A. After all appeals have been exhausted or if no appeal is filed within the time allowed for filing an appeal as required in Section VIII of this regulation, and the property owner or other persons to whom the order was directed have failed to decontaminate a contaminated property as ordered by the Health Officer under this regulation, the Health.Officer may direct or cause the property to be decontaminated, closed, vacated, boarded up, removed, disposed of or demolished, and all costs thereof, including any actual administrative costs and actual attorney's fees and costs,shall be assessed against the property, the persons to whom the order was directed, or the owners of the property upon which the cost was incurred. B. Notice of the costs incurred shall be sent by first class and certified mail to the owners of the property upon which the costs are assessed or other persons against whom the costs are charged. The Health Officer may modify the amount, methods, or time of payment of such costs as he/she may deem just, considering the condition of the property and the circumstances of the owner. In determining any such modification,the costs may be reduced against an individual who has acted in good faith and would suffer extreme financial hardship. . C. Any costs incurred by Jefferson County abating the condition of the property may be collected by any appropriate legal remedy and shall constitute a lien on the property and the lien may be foreclosed in the same manner as real property tax liens. Costs associated with the foreclosure of the lien, 4 including, but not limited to advertising, title report, and personnel costs, shall be added to the lien upon filing of the foreclosure action. In addition to the costs and disbursements provided by law, the court may allow the • prosecuting authority a reasonable attorney's fee. D. Any amounts collected shall be distributed to any fund or source of funds for the program area from which payment for the work was made. SECTION VI. NOTICE AND ORDER PROHIBITING USE AND TO CORRECT VIOLATION A. Issuance Whenever the Health Officer determines that property has been contaminated and issues an order prohibiting use, he/she may issue a written "Notice and Order to Prohibit Use and Correct Violations" (NOPUCV) of this regulation to certain persons. The NOPUCV shall be issued to the property owner, or to any person causing, allowing, or participating in the violation. If the whereabouts of said persons are not known, then the NOPUCV shall be issued to each person at the address appearing on the last equalized tax assessment roll of the county where the property is located or at the address known to the county assessor AND the NOPUCV shall be conspicuously posted at the residence or parcel that is the subject of the NOPUCV. • A copy of the NOPUCV shall also be mailed to each person or party having a recorded right, title, estate,lien or interest in the property. Content The NOPUCV shall contain: 1. The name and address of the property owner or other persons to whom the NOPUCV is directed; 2. The street address or description sufficient for identification of the property upon or within which the violation has occurred or is occurring; 3. A description of the violation and a reference to that provision of the regulation which has been violated; 4. A statement of the action required to be taken to correct the violation, and a date or time by which correction is to be completed; 5. A statement that each violation of this regulation shall be a separate and distinct offense and in the case of a continuing violation, each day • the violation continues shall be considered a separate and distinct violation; and 5 6. A statement that the failure to obey this notice may result in the issuance of a notice of civil infraction and/or imposition of criminal penalties. • 7. A notice to the recipient of the NOPUCV that a hearing before the local health officer shall be held upon the request of a person required to be notified of the NOPUCV pursuant to RCW 64.44.030, said notice to inform the recipient that the request for a hearing before the local health officer must be made within ten (10) days of the date when the NOPUCV was served and that any hearing requested in a timely manner must be held within not less than twenty (20) days and not more than thirty (30) days after the serving of the NOPUCV. C. Disposal Receipts The NOPUCV may also include a statement requiring the person to whom the NOPUCV is directed to produce receipts from a permitted solid or hazardous waste disposal facility or transporter to demonstrate compliance with an order issued by the Health Officer. D. Service of Order The NOPUCV shall be served upon the person to whom it is directed, either personally or by mailing a copy of the NOPUCV by first class and certified mail, postage prepaid,return receipt requested, to such person at his/her last 1111 known address, except the method of service described in Section VI, Paragraph A, 2nd sentence above shall control for those persons or business who are notified of the NOPUCV because they are the last owners of record on the equalized assessment roll. E. Extension Upon written request received prior to the correction date or time, the Health Officer may extend,for good cause, the date set for corrections. The Health Officer may consider substantial completion of the necessary correction or unforeseeable circumstances that render completion impossible by the date established, as a good cause. F. Supplemental Order to Correct Violation The Health Officer may at any time add to,rescind in part, or otherwise modify a NOPUCV. The supplemental order shall be governed by the same procedures applicable to all NOPUCV procedures contained in these regulations. G. Enforcement of Order • If, after the Health Officer duly issues any order,the person to whom such order is directed fails, neglects, or refuses to obey such an order, the Health Officer may: 6 1. Cause such person to be prosecuted criminally pursuant to this Ordinance. • 2. Institute any appropriate action to collect a penalty assessed under these regulations; and/or 3. Abate the health violation using the procedures of these regulations; and/or 4. Pursue any other appropriate remedy of law or equity under these regulations. H. Written Assurance of Discontinuance The Health Officer may accept a written"Assurance of Discontinuance" of any act in violation of this regulation from any person who has engaged in such acts. Failure to comply with the "Assurance of Discontinuance" shall be a further violation of this regulation. SECTION VII.VIOLATIONS, CIVIL REMEDIES,AND CRIMINAL PENALTIES A. Violations • 1. Violations of this regulation may be addressed through a civil remedy or prosecuted as a crime. 2. Each violation of this regulation shall be a separate and distinct offense and in the case of a continuing violation, each separate day the violation or offense contiues shall be considered a separate and distinct violation. 3. Any property that is declared contaminated or unfit for use is a public nuisance. 4. This regulation may be enforced by law enforcement officers, by the Health Officer, or by the Health Officer's designee. B. Civil Remedies 1. The violation of any provision of this regulation is designated as a Class 1 civil infraction pursuant to RCW Chapter 7.80, as amended. The Health Officer may issue a NOPUCV pursuant to RCW Chapter 7.80 if the authorized representative has reasonable cause to believe that the person has violated any provision of these regulations or has • not corrected the violation as required by a written NOPUCV. Civil infractions shall be issued, heard, and determined according to RCW Chapter 7.80, as amended, and any applicable court rules. 7 2. Civil infractions under this regulation include,but are not limited to, the following: • a. Failure to Decontaminate: Any person who fails to decontaminate any property as required pursuant to this regulation, RCW Chapter 64.44, or WAC Chapter 246-205, has committed a Class 1 civil infraction; b. Occupying or Permitting Occupation of Property Declared Unfit for Use: Any person who occupies, permits or authorizes the occupation of any property ordered vacated pursuant to this regulation, RCW Chapter 64.44, or WAC Chapter 246-205 has committed a Class 1 civil infraction; c. Removing, Destroying, Defacing, or Obscuring a Notice: Any person who removes, destroys, defaces, obscures, or otherwise tampers with any notice posted pursuant to this regulation, RCW Chapter 64.44, or WAC Chapter 246-205 has committed a Class 1 civil infraction; d. Failure to Comply with Order: Any person who fails to comply with any order issued pursuant to this regulation, RCW Chapter 64.44, or WAC Chapter 246-205 has committed a Class 1 civil infraction; e. Failure to Comply with a Written Assurance of Discontinuance: Any person who fails to comply with a written "Assurance of Discontinuance" issued pursuant to this regulation, RCW Chapter 64.44, or WAC Chapter 246-205,has committed a Class 1 civil infraction. f. Failure to Comply with Approved Work plan: Any person who performs decontamination activities not in accordance with the approved decontamination work plan has committed a Class 1 civil infraction. g. Failure to Report Contamination: Any person who becomes aware of contamination at a property is required, upon gaining such knowledge, to report the contamination to the Health Officer within one (1) working day. C. Criminal Penalties The following are crimes under this regulation: 1. Failure to Decontaminate: Any person who has previously been found by a court to have committed a violation of section VII.B.2.a. of this regulation, "Failure to Decontaminate," and fails to decontaminate the same property as required pursuant to this regulation, RCW Chapter 8 64.44, or WAC Chapter 246-205, shall be, upon conviction, guilty of a misdemeanor and shall be subject to a fine of not more than$1,000 or to imprisonment in the county jail not to exceed ninety (90) days, or to • both fine and imprisonment. The court may also impose restitution. 2. Occupying or Permitting Occupation of Property Declared Unfit for Use: Any person who occupies, permits or authorizes the occupation of any property ordered vacated pursuant to this regulation, RCW Chapter 64.44, or WAC Chapter 246-205 has committed a Class 1 civil infraction; 3. Occupying or Permitting Occupation of Property Declared Unfit for Use (Repeat Offenses): Any person who has previously been found by a court to have committed a violation of section VII.B.2.b. of this regulation, "Occupying or Permitting Occupation of Property Declared Unfit for Use," and again occupies the property pursuant to this regulation, RCW Chapter 64.44, or WAC Chapter 246-205, shall be, upon conviction, guilty of a misdemeanor and shall be subject to a fine of not more than$1,000 or to imprisonment in the county jail not to exceed ninety (90) days, or to both fine and imprisonment. The court may also impose restitution. 4. Obstructing Employees or Agents of the Local Health Jurisdiction: Any person who obstructs any enforcement officer, employee or agent of the local health jurisdiction or other governmental unit in the enforcement or carrying out of the duties prescribed in this regulation, RCW Chapter 64.44, or WAC Chapter 246-205 shall be, upon conviction, guilty of a misdemeanor and shall be subject to a fine of not more that$1,000 or to imprisonment in the county jail not to exceed ninety (90) days or to both fine and imprisonment. The court may also impose restitution. D. Other Legal or Equitable Relief Notwithstanding the existence or use of any other remedy, the Health Officer may seek legal or equitable relief to enjoin any acts or practices or abate any conditions that constitute or will constitute a violation of these regulations, or rules and regulations adopted under them. E. Imminent and Substantial Dangers Notwithstanding any provisions of this regulation, the Health Officer may take immediate action to prevent an imminent and substantial danger to the public health. • SECTION VIII. APPEALS A. Appeal of an Order Prohibiting Use 9 Any person required to be notified of an order prohibiting use (an NOPUCV) under RCW 64.44.030 may appeal the order. The Health Officer will hear such appeals. Any such appeal must be made within ten(10) days of service • of the order, and the appeal will conform to the requirements of RCW 64.44.030 and this regulation. The Health Officer's decision regarding an order prohibiting use may be appealed to the Board of Health. Any action to review the Health Officer's decision must be filed within thirty (30) days of the date of the decision. The order prohibiting use shall remain in effect during the appeal. 1. Health Officer Administrative Hearing: Any person aggrieved by an order prohibiting use (an NOPUCV) may request, in writing, a hearing before the Health Officer or his or her designee. The appellant shall submit specific statements, in writing, of the reason why error is assigned to the Health Officer's decision. Such request shall be presented to the Health Officer within ten (10) days of the action appealed. Upon receipt of such request, together with any applicable hearing fees, the Health Officer shall notify the person in writing of the time, date, and place of such hearing, which shall be set at a mutually convenient time not less than twenty (20) days nor more than thirty (30) days from the date the request was received. The Health Officer will issue a decision affirming, reversing, or modifying the order prohibiting use. The Health Officer may require additional actions as part of the decision. • 2. Hearing Procedures: Hearings shall be open to g p the public and presided over by the Health Officer. Such hearings shall be recorded. Hearings shall be opened with a recording of the time, date and place of the hearing, and a statement of the cause for the hearing. The Health Officer shall then swear in all potential witnesses. The case shall be presented in the order directed by the Health Officer. The appellant may present rebuttal. The Health Officer may question either party. The Health Officer may allow for a closing statement or summation. General rights include: (a) To be represented by an attorney; (b) To present witnesses; (c) To cross-examine witnesses; (d) To object to evidence for specific grounds. In the conduct of the proceeding, the Health Officer may consider any evidence, including hearsay evidence that a reasonably prudent person would rely upon in the conduct of his or her affairs. Evidence is not admissible if it is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this state. The Health Officer shall decide rulings on the admissibility of • evidence, and the Washington rules of evidence shall serve as guidelines for those rulings. 10 Inasmuch as any appeal to the Board of Health from a Health Officer decision is a review on the record, the Health Officer shall ensure that the record generated contains testimonial and documentary evidence • supporting the Health Officer's issuance of the order prohibiting use. The Health Officer may continue the hearing to another date to allow for additional submission of information or to allow for additional consideration. Prior to closing of the hearing, the Health Officer shall issue its oral ruling unless the Health Officer determines that the matter should be taken under advisement. Written findings of fact, conclusions of law, and orders shall be served on the appellant within fourteen days (14) of the oral ruling. If the matter is taken under advisement,written findings, conclusions, and orders shall be mailed to the appellant within twenty-one (21) days of the close of the hearing. The appellant shall bear the burden of proof and may overcome the order prohibiting use by a preponderance of the evidence. 5. Appeals: Any decision of the Health Officer shall be final and may be reviewable by an appeal filed with the Board of Health through the Health Officer. Any action to review the Health Officer's decision must be filed within thirty (30) days of the date of the decision. B. Appeal of Notice and Order to Correct Violation M1. Stay of corrective action: The filing of a request for hearing pursuant to this section shall operate as a stay from the requirement to perform corrective action ordered by the Health Officer while the hearing is pending, except there shall be no stay from the requirement for immediate compliance with an emergency order issued by the Health Officer or from the requirements of an unfit for use order prohibiting use. 2. Health Officer Administrative Hearing: Any person aggrieved by a NOPUCV may request, in writing, a hearing before the Health Officer or his or her designee. The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the Health Officer. Such request shall be presented to the Health Officer within ten(10) days of the action appealed. Upon receipt of such request,together with any applicable hearing fees, the Health Officer shall notify the person in writing of the time, date, and place of such hearing, which shall be set at a mutually convenient time not less than twenty (20) days nor more than thirty (30) days from the date the request was received. The Health Officer will issue a decision affirming,reversing, or modifying the NOPUCV. The Health Officer • may require additional actions as part of the decision. 3. Hearing Procedures: Hearings shall be open to the public and presided over by the Health Officer. Such hearings shall be recorded. 11 Hearings shall be opened with a recording of the time, date and place of the hearing, and a statement of the cause for the hearing. The Health Officer shall then swear in all potential witnesses. The case shall be • presented in the order directed by the Health Officer. The appellant may present rebuttal. The Health Officer may ask questions. The Health Officer may allow the opportunity for a closing statement or summation. General rights include: (a) To be represented by an attorney; (b) To present witnesses; (c) To cross-examine witnesses; (d) To object to evidence for specific grounds. In the conduct of the proceeding, the Health Officer may consider any evidence, including hearsay evidence that a reasonably prudent person would rely upon in the conduct of his or her affairs. Evidence is not admissible if it is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this state. The Health Officer shall decide rulings on the admissibility of evidence, and the Washington rules of evidence shall serve as guidelines for those rulings. Inasmuch as any appeal to the Board of Health from a Health Officer decision is a review on the record, the Health Officer shall ensure that the record generated contains testimonial and documentary evidence • supporting the Health Officer's issuance of the NOPUCV. The Health Officer may continue the hearing to another date to allow for additional submission of information or to allow for additional consideration. Prior to closing of the hearing, the Health Officer shall issue its oral ruling unless the Health Officer determines that the matter should be taken under advisement. Written findings of fact, conclusions of law and orders shall be served on the appellant within fourteen days (14) of the oral ruling. If the matter is taken under advisement, written findings, conclusions and orders shall be mailed to the appellant within twenty-one (21) days of the close of the hearing. The appellant shall bear the burden of proof and may overcome the NOPUCV by a preponderance of the evidence. 4. Appeals. Any decision of the Health Officer shall be final and may be reviewable by an appeal filed with the Board of Health through the Health Officer. Any action to review the Health Officer's decision must be filed within thirty (30) days of the date of the decision. 5. Appeal of Health Officer's Decision to Board of Health: a. Any person aggrieved by the findings, conclusions or orders of the Health Officer shall have the right to appeal the matter by requesting a hearing before the Board of Health. Such notice of 12 appeal shall be in writing and presented to the Health Officer within thirty (30) days of the Health Officer's decision. The appellant shall submit specific statements in writing of the • reason why error is assigned to the decision of the Health Officer. b. The decisions of the Health Officer shall remain in effect during the appeal. Any person affected by the NOPUCV may make a written request for a stay of the decision to the Health Officer within five (5) business days of the Health Officer's decision. The Health Officer will grant or deny the request within five (5) business days. c. Upon receipt of a timely written notice of appeal, the Health Officer shall set a time, date, and place for the requested hearing before the Board of Health and shall give the appellant written notice thereof. Such hearing shall be set at a mutually convenient time not less than fifteen (15) days or more than thirty (30) days from the date the appeal was received by the Health Officer unless mutually agreed to by the appellant and Health Officer. d. Board of Health hearings shall be open to the public and presided over by the chairman of the Board of Health. Such hearings shall be recorded. Board of Health hearings shall be opened with a recording of the time, date and place of the hearing; and a statement of the cause for the hearing. The hearing shall be limited to argument of the parties and no additional evidence shall be taken unless, in the judgment of the chair, such evidence could not have reasonably been obtained through the exercise of due diligence in time for the hearing before the Health Officer. Argument shall be limited to the record generated before the Health Officer unless the chair admits additional evidence hereunder. e. Any decision of the Board of Health shall be final and may be reviewable by an action filed in Superior Court. Any action to review the Board's decision must be filed within thirty (30) days of the date of the decision. SECTION IX. SEVERABILITY Should any part of this regulation be declared unconstitutional or invalid for any reason, such declaration shall not affect the validity of the remainder. • SECTION X. EFFECTIVE DATE The effective date of this regulation shall be date; 2004. 13 4 APPROVED this Day of 2004. • JEFFERSON COUNTY BOARD OF HEALTH JEFFERSON COUNTY HEALTH OFFICER Chair,Jefferson County BOH Thomas H. Locke, M.D. • • 14 Board of Health New Business Agenda Item # V., 3 Draft Solid Waste Ordinance Pre-Adoption Briefing & Call for Public May 20, 2004 1 $o' PUBLIC EAL 1,' Always Working for a Safer and • '1,5vr ®9'' HEALTHIER JEFFERSON _ —_ Memorandum To: Jefferson County Board of Health From: Larry Fay, Environmental Health Director Date: May 13, 2004 Re: 1St Draft Solid Waste Regulations Attached for your review is a first draft of the proposed new county solid waste handling • regulation. The Board is being asked to review and comment on this draft and, if ready, schedule a future adoption hearing In 2003 the Washington Department of Ecology adopted new regulations governing solid waste handling practices. The regulations require the jurisdictional health department must update its regulations by April 2004 so that they are in compliance with the new rule. Jefferson County Environmental Health prepared a working draft ordinance based on Clallam County's. The draft was reviewed by the solid waste advisory committed (SWAC) and revised based on their comments. Board members Westerman and Huntingford reviewed the SWAC draft offering further comments and recommendations. This draft incorporates their comments. 410 COMMUNITY ENVIRONMENTAL DEVELOPMENTAL SUBSTANCE ABUSE HEALTH HEALTH DISABILITIES &PREVENTION (360) 385-9400 (360)385-9444 (360) 385-9400 (360)385-9400 615 Sheridan Street, Port Townsend,Washington 98368 fax: (360)385-9401 web site: www.co.jefferson.wa.us JEFFERSON COUNTY BOARD OF HEALTH ORDINANCE NUMBER 2004- SOLID WASTE REGULATIONS • May 2004 40 Draft Solid Waste May 2004 Effective Date mm/dd/04 1 iD} htft Chapter. - eff • Pertaining to the Management of Solid Waste TABLE OF CONTENTS Section Section Title Page 1. Authority 3 2. Purpose 3 3. Applicability and Exemptions 3 4. Definitions 4 5. Authority and Responsibility of Health Officer 6 6. Owner, Operator, and Occupant Responsibility for Solid 7 Waste 7. Unlawful Dumping, Depositing or Burning 7 8. Permits 9 8.1 Permit Required 9 8.2 Permit Applications 9 8.3 Permit Issuance 10 8.4 Permit Renewal 10 8.5 Department of Ecology Review 11 8.6 Permit Fees 11 8.7 Permit Conditions 11 8.8 Permit Suspension 12 • 9. Placement of Solid Waste During Emergencies 12 10. Inspections and Searches 12 11. Fee Schedule 13 12. Civil and Criminal Penalties 13 13. Performance of Work, Abatement and Liens 14 14. Hearings and Appeals 14 15. Waivers to this Chapter 14 16. Variances to Chapter 173-350 WAC 15 17. Conflict 15 18. Severability 15 Draft Solid Waste May 2004 Effective Date mm/dd/04 2 Draf apex , �p motes 1tt f Health Regulations Ccdb guatxa? Pertaining to the Management of Solid Waste 1. Authority 1.1 These regulations have been adopted by the Jefferson County Board of Health under the authority of Article 11, Section 11 of the Washington State Constitution,Chapter 70.05 Revised Code of Washington(RCW),Chapter 70.95 RCW and,Chapter 70.93 RCW. 1.2 The Jefferson County Board of Health retains the authority to hold hearings, adopt findings and decide cases as authorized under the laws of the State of Washington. 1.3 The Board may appoint a Hearing Officer to hold hearings and decide cases or make recommendations for decisions, as determined by the Board and stated in the letter of appointment by the Board. 2. Purpose The purpose of these regulations is to prevent, control,mitigate, and correct the health • hazards, nuisances, and the air, water,and land pollution associated with the disposal of solid wastes, and to achieve compliance with Chapter 173-350-700 (2). 3. Applicability and exemptions 3.1 These regulations shall apply to all persons and in all territory within the boundaries of Jefferson County, except actions by persons on lands under the jurisdiction of the Federal Government or recognized Native American Nations and Tribes. 3.2 Chapter 173-304 WAC, Chapter 173-350 WAC, Chapter 173-351 WAC, shall be enforced by the health officer as applicable. 3.2 These regulations are intended to allow the Health Officer all of the authority needed to implement and enforce the regulation of solid waste in Jefferson County. All valid statutes and regulations that apply to the regulation and management of solid waste in Washington State may be employed by the Health Officer when he or she has cause to do so. Definitions Agricultural Wastes: Non-dangerous wastes on farms resulting from the production of agricultural products including, but not limited to: crop residues, manures, animal Draft Solid Waste May 2004 Effective Date mm/dd/04 3 bedding, and carcasses of dead animals weighing each or collectively in excess of fifteen (15) pounds. Board of Health: or"the Board",the Jefferson County Board of Health. Commercial Dumping: The dumping or depositing of solid waste, with the exception of dumping by any person of solid waste generated from his or her own residential activities. Construction Waste: Non-dangerous solid waste, largely inert waste, generated as the result of construction of buildings, roads, and other man-made structures. Construction waste consists of, but is not limited to: concrete, asphalt, brick,rock,wood and masonry,composition roofing and roofing paper, shakes, shingles, plastic and paper wrappings, plastic pipe,fiberglass insulation,carpeting, floor tile, glass, steel, and minor amounts of other metals like copper. Container: A portable device used for the collection, storage, and/or transportation of solid waste including, but not limited to: re-useable containers, disposable containers, and detachable containers. County: Jefferson County,Washington Demolition Waste: Non-dangerous solid waste, largely inert waste, resulting from the • demolition or razing of buildings,roads and other man-made structures. Demolition waste consists of, but is not limited to: concrete, asphalt,brick,rock,wood and masonry, composition roofing and roofing paper, shakes, shingles, plastic pipe, fiberglass insulation, carpeting,floor tile, glass, steel, minor amounts of other metals like copper, and incidental amounts of clean soil associated with these wastes. Plaster (i.e., sheet rock or plaster board), yard wastes,stumpage, or any other materials that are likely to produce gases or leachate during the decomposition process are not considered to be demolition waste for the purposes of this definition. Bulky wastes,white goods, and asbestos-containing materials are not considered to be demolition waste for the purposes of this regulation. Department, or Jurisdictional Health Department: the Jefferson County Health and Human Services Department. Drop Box Facility: A facility used for the placement of a detachable container, including the area adjacent for necessary entrance and exit roads, unloading and turnaround areas. Drop box facilities normally serve the general public with loose loads and receive waste from off-site. Drop box facilities may also include containers for separate or mixed recyclables, which need to be clearly labeled. • Draft Solid Waste May 2004 Effective Date mm/dd/04 4 Ecology: the Washington State Department of Ecology. • Health Officer: the Jefferson County Health Officer as defined in RCW 70.05.010 and RCW 70.05.050, and/or his or her authorized representative. Hearing Officer: the person authorized by the Board to conduct appeal hearings, or permit hearings, and to make findings and decisions from those hearings. Litter: All waste material including,but not limited to: disposable packages or containers thrown or deposited as herein prohibited, and solid waste that is illegally dumped,but not including the wastes of the primary processes of mining, logging, saw-milling,farming, or manufacturing. It includes the material described in subsection 13 as Potentially Dangerous Litter. Moderate Risk Waste (MRW): Solid waste that is limited to Conditionally Exempt Small Quantity Generator (CESQG) waste and Household Hazardous Waste (HHW) as defined in this regulation. MRW facility means a solid waste handling unit that is used to collect, treat,recycle, exchange, store, consolidate, and/or transfer Moderate Risk Waste. This does not include mobile systems and collection events or limited MRW facilities that meet the • applicable terms and conditions of Chapter 173-350 WAC-360 (2) or (3). Noncommercial dumping: The dumping or depositing of solid waste that has resulted from single or multifamily residential activities. Notice and Order to Correct Violation: NOVC Nuisance: Created by unlawfully doing an act, or omitting to perform a duty, which act or omission either annoys, injures or endangers the repose,health or safety of others; or unlawfully interferes with, obstructs or tends to obstruct, any lake or navigable river, bay, stream,canal or basin, or any public park, square,street or highway; or in any way renders other persons insecure in life, or in the use of property. Person: Any individual, corporation, company, association, society,firm, partnership, joint stock company, or any branch of federal, state, or local government or any other entity. Potentially Dangerous Litter : Material that is likely to injure a person or cause damage to a vehicle or other property. This includes: 1. Cigarettes,cigars or other tobacco products that are capable of starting a fire; • Draft Solid Waste May 2004 Effective Date mm/dd/04 5 2. Glass; 3. A container or other product made primarily of glass; • 4. A hypodermic needle or other instrument designed to cut or pierce; 5. Raw human waste, including soiled diapers,regardless of wether the waste is in a container of any sot;and, 6. Nails or tacks. Problem Wastes: 1. Any solid material removed during a remedial action, a dangerous waste site closure, other cleanup efforts, or other actions, which contain hazardous substances, but are not designated dangerous wastes; 2. Dredge spoils resulting from the dredging of surface waters of the state where contaminants are present in the dredge spoils at concentrations not suitable for open water disposal and the dredge spoils are not dangerous wastes and are not regulated by Section 404 of the Federal Clean Water Act (PL 95-217); or 3. Waste abrasive blasting grit or other material used in abrasive blasting. Common aggregates include, but are not limited to: silica sand,utility slag or copper slag. Waste abrasive blasting grit does not include blasting grit that will be reused for its intended purpose. Solid Waste: All putrescible and non-putrescible solid and semi-solid wastes • including,but not limited to: garbage,rubbish, ashes, industrial wastes, swill, construction and demolition wastes,land clearing wastes, abandoned vehicles or parts thereof(including waste tires), and discarded commodities. This includes all solid and semi-solid materials that are not the primary products of public, private, industrial, commercial,mining and agricultural operations. Municipal sewage sludge or septage is a solid waste when placed in a municipal solid waste landfill subject to the requirements in Chapter 173-351 WAC, Criteria for Municipal Solid Waste Landfills, Chapter 173-308 WAC, Biosolids Management, and a solid waste handling permit issued by the Health Officer. Solid Waste Handling: The management, storage, collection, transportation, treatment, utilization, processing,and final disposal of solid waste, including the recovery and recycling of materials from solid wastes,the recovery of energy resources from solid wastes or the conversion of the energy in solid wastes to more useful forms, or combinations therof. 5. Authority and responsibility of the Health Officer 5.1 The Health Officer of Jefferson County shall have the authority and responsibility to implement and enforce these regulations as stated in Chapter 70.05 • Draft Solid Waste May 2004 Effective Date mm/dd/04 6 ia[at RCW, Chapter 70.95 RCW,Chapter 173-351 WAC,Chapter 173-350 WAC, and Chapter • 173-304 unless repealed or superseded by Chapter 173-350. 5.2. The Health Officer shall have the authority to take action or bring any legal proceeding as stated in RCW 43.70.190, including but not limited to the special proceedings authorized in Title 7,RCW(Special Proceedings and Actions). 5.3 The Health Officer,with the approval of the County Board of Health, and/or the Board of County Commissioners,may contract with Ecology to assume responsibility and authority for all or part of Chapter 70.93 RCW, as stated in RCW 70.93.050. The Health Officer, subject to approval of the Board,shall also have the authority to negotiate a contract with Ecology dividing or sharing responsibilities with other entities as allowed by RCW 70.93.050. 5.4 The Health Officer and any Jefferson County department named in a contract, or interlocal agreement as in section 5.3 above, shall have authority to enforce the requirements and levy the penalties cited in RCW 70.93.060, according to the terms of the contract. Citations shall be adjudicated as required by Title 7,RCW(Special Proceedings and Actions). 6. Owner, operator and occupant responsibility for solid waste • 6.1 The owner of any property, premises, business establishment, or industry shall be responsible for the legal and satisfactory arrangement for the proper handling and disposal of all solid waste generated or accumulated by them on the property. Putrescible solid waste and waste that attracts vectors shall be stored in water-tight containers with lids securely fastened 6.2 The operator, occupant, or tenant of any property,premises,business establishment, or industry shall be responsible for the legal and satisfactory arrangement for the solid waste handling of all solid waste generated or accumulated by them on the property. 6.3 It shall be unlawful for any person to allow or permit solid waste to be deposited on or to remain on property or premises under their control without a permit as required by this article. The Health Officer is authorized to require the owner, operator, occupant, tenant or other person responsible for solid waste handling to abate illegal dumping or disposal maintained on property under their control,as part of a Notice and Order to Correct Violation (NOCV) issued to these regulations or other actions permitted by law. 7. Unlawful Dumping,Depositing or Burning 7.1 Violations and Exemptions. It shall be a violation of this regulation for any person to dump or deposit or permit the dumping or depositing of any solid waste onto or Draft Solid Waste May 2004 Effective Date mm/dd/04 7 L i.�iyi _z.lt under the surface of the ground or into the waters of the state except at a facility that is permitted to accept the solid waste: • (a) PROVIDED, that this Chapter does not apply to the facilities, activities and wastes cited in WAC 173-350-020, when those facilities, activities and wastes are in compliance with applicable standards and legal requirements, and there has not been a violation of the performance standards as discussed in WAC 173-350-040, or a health hazard or nuisance has not been created. (b) The exemptions in section(a) above that may be applied to single family residences or family farms is limited to 12 cubic feet for any single family residence lot or 12 cubic yards per five (5) acres on acreage tracts to accumulate no more than 25 cubic yards. (c) If any owner or operator of any solid waste facility, or exempt facility or activity as cited in WAC 173-350-020 fails to comply with the performance standards in WAC 173-350-040, the health officer may initiate any action authorized by or cited in this Chapter. 7.2 Presumption. Whenever solid waste dumped in violation of Section 7.1 of this regulation contains three (3) or more items bearing the name of one individual, there shall be a rebuttable presumption that the individual whose name appears on such items committed the unlawful act of solid waste dumping. 7.3 Burning of Solid Waste Prohibited. It shall be a violation of this regulation for any S person to burn solid waste in violation of Chapter 173-425 WAC and the regulations of the Olympic Region Clean Air Agency. It shall be a violation of this regulation for any person to cause or allow any open fire containing prohibited materials which include, but are not limited to: garbage, dead animals, petroleum products, paints, rubber products, plastics, paper (other than what is necessary to start a fire), cardboard, treated wood, processed wood, construction debris,metal or any substance which,when burned, releases toxic emissions, dense smoke or obnoxious odors. 7.4 Disposal Service Required. When a person does not dispose of solid wastes in a manner consistent with these regulations, the Health Officer may order said person to obtain ongoing and regularly scheduled solid waste collection service if said person does not already have this service and if a solid waste collection service exists or is offered in the geographic area where the person resides. If said person does not have this service and resides in a geographic area where a single solid waste collection service operates exclusively under covenant or ordinance as required by local government, and said service is mandatory for persons residing within the jurisdiction of the local government, the Health Officer may schedule ongoing regularly scheduled service for said person with this solid waste collection service. If service is cancelled through nonpayment,it will be deemed a violation of this paragraph. • Draft Solid Waste May 2004 Effective Date mm/dd/04 8 7.5 Disposal Receipts Required. Any person in violation to whom a Notice and Order to Correct Violation (NOCV) has been issued is required to produce receipts from a permitted solid waste disposal,recycling and/or reclamation facility or solid waste transporter to demonstrate compliance with the NOCV issued by the Health Department. 8. Permits 8.1 Permit Required. No solid waste disposal site or facility in Jefferson County shall be maintained, established, substantially altered, expanded, or improved until the county, city or other person operating or owning such site or facility has obtained a permit from the Department. 8.1.1 Only persons complying with this regulation, Chapter 173-350 WAC, Chapter 173- 351 WAC, the Jefferson County Comprehensive Solid Waste Management Plan (JCCSWMP), applicable county/city ordinances, and the conditions of the issued solid waste permit shall be entitled to receive or maintain such a permit. 8.1.2 The Health Officer may require a permit, or take other enforcement action,for any site or facility handling fifty (50) cubic yards or more of any solid waste as stated in Chapter 173-350-020 WAC, if the handling of the solid waste at the site or facility poses risk of environmental degradation(including,but not limited to: surface or ground water pollution, air pollution or methane generation) or has potential impacts on public health. 8.2 Permit Applications 8.2.1 Applications for new or expanded solid waste disposal sites or facilities shall be submitted on a form approved by the Health Officer in accordance with Chapter 173- 350 WAC and/or Chapter 173-351 WAC. Filing shall not be complete until the Department has received: (a) two copies of the completed application and attachments signed by the property owner and applicant, (b) the Department has evaluated application materials to ensure all required information has been included, (c) the applicant has filed an environmental checklist required under the State Environmental Policy Act(SEPA) rules, Chapter 197-11 WAC, completed all hearing requirements of County SEPA and land-use regulations, and (d) the applicant has paid all applicable review fees. 8.2.2 Permit applications for solid waste facilities shall be prepared by a licensed civil or sanitary engineer with experience in the areas necessary for submitting acceptable solid waste designs and specifications. Applications shall comply with the requirements of Chapter 173-350-710 WAC and Chapter 173-350-715 WAC. The Health Officer may • Draft Solid Waste May 2004 Effective Date mm/dd/04 9 exempt certain solid waste facilities from the engineering design requirements depending upon the nature and type of solid waste material handled. 8.2.3 The Health Officer may request additional information if it is deemed necessary for consideration of an application. The permit application shall not be considered complete, and the 90 day review period started until all required and requested information as required by WAC 173-350-700(1)(a) and WAC 173-350-715 has been received by the Department. 8.2.4 When the application is complete, the Department shall forward one copy of the complete application to Ecology for a 45 day review as discussed in WAC 173-350- 710(1)(c)(i). 8.2.5 Every completed solid waste permit application shall be approved or disapproved within ninety (90) days after its receipt by the Department or the applicant shall be informed as to the status of the application. 8.3 Permit Issuance 8.3.1 The Health Officer may issue a permit for a period of up to five years when it has been determined that the facility meets the requirements of this regulation and all other applicable laws and regulations,conforms with the approved JCCSWMP, and complies with applicable county/city ordinances. The initial period of validity shall be determined by the Health Officer, and may be bascd on the Health Officer's need to • determine adequacy of compliance with permit conditions or may be based on the stages of development of the solid waste facility, or other aspects of the permitted facility. 8.3.2 Permit issuance shall comply with Chapter 173-350 WAC-710 (2) and,Chapter 173-351 WAC, or Chapter 173-304 WAC as applicable. Permits shall expire on January 31st of the final year of permit validity. 8.3.3 Post-closure permits shall comply with Chapter 173-350 WAC,WAC 173-351, and all conditions contained in the post-closure plan. 8.3.4 The permit shall be displayed at the solid waste facility at all times of operation. 8.4 Permit Renewal 8.4.1 The owner or operator of a facility shall apply for renewal of the facility's permit thirty (30) days prior to permit expiration, in accordance with Chapter 173-350-710 WAC, Chapter 173-351 WAC, or Chapter 173-304 as applicable, and this regulation. Previous information submitted to the Department may be referred to on the application forms. Changes in operating methods or other changes must be noted on Draft Solid Waste May 2004 Effective Date mm/dd/04 10 rcl the application in order to be authorized by permit, unless the changes in operating • methods are at the direction of the Health Officer. 8.4.2 The renewal application will be reviewed for compliance with this regulation and all other applicable regulations. Other information from inspections, complaints, or known changes in the operations will also be reviewed. 8.4.3 Every completed solid waste permit renewal application shall be approved or disapproved within forty five (45) days after its receipt by the Department or the applicant shall be informed as to the status of the application. 8.4.4 Any facility not in complete conformance with this regulation or any other applicable regulations may be placed upon a compliance schedule as part of the issued permit. 8.4.5 All facilities subject to post-closure permits and conditions are also subject to modification if site conditions or monitoring results indicate the need for changed permit conditions. 8.5 Department of Ecology Reviews. All solid waste facility permits issued or renewed will be forwarded within seven days of issuance to the Ecology r for a 30 day • review. Upon review, Ecology may appeal the Department issuance or renewal of a solid waste facility operating permit to the State Pollution Control Hearings Board, as stated in RCW 70.95.185 and RCW 70.95.190. 8.6 Permit Fees. 8.6.1 An annual permit fee shall be charged as specified in the fee schedule adopted by the Jefferson County Board of Health. 8.6.2 Facilities that continue operation past January 31st of the year following expiration or without having paid all required fees shall be considered not to have a valid permit may be considered in violation of this regulation and may be ordered closed by the Health Officer. 8.6.3 Facilities monitored under a post-closure permit shall pay annual fees as required by the adopted fee schedule. 8.7 Permit Conditions 8.7.1 Each permit issued by the Department may include conditions set by the Health Officer. The conditions of the permit shall assure that the permitted facility conforms with the purpose and objectives of this regulation. 4, 8.7.2 The conditions that may be set by the Health Officer include,but are not limited to: Draft Solid Waste May 2004 Effective Date mm/dd/04 11 (a) compliance schedules; (b) types and quantities of wastes accepted; • (c) operating procedures; (d) scheduling and hours of operation; (e) types and frequency of any environmental monitoring; (f) addition of pollution control and reduction systems; (g) other relevant conditions that have been identified by the SEPA compliance review process; (h) conditions based on the inspection of the facility or the review of the facility at the time of permit renewal;and (i) conditions based on the results of required facility environmental monitoring data. 8.7.3 The conditions under which the permit is granted shall be specified in writing and shall be in addition applicable regulations and approved operating plans and specifications included in the solid waste application. In the absence of any additional conditions set forth by the Health Officer, the approved operating plans and specifications shall constitute the conditions of the solid waste facility operating permit. 8.8 Permit Suspension The Health Officer may suspend all or part the activity permitted by a solid waste permit upon discovery of actions or physical conditions that are a violation of this regulation, State solid waste laws, or the conditions of the issued permit. • 9. Placement of solid wastes during emergencies 9.1 Upon request,the Health Officer may allow the transportation and storage of solid wastes to a location approved by the Health Officer during or after an emergency. The materials that may be so placed include building materials and foundations,utility pipes, wires, materials from roads and bridges, materials from floods or landslides or other geologic events,materials from fires or explosions, or other materials as determined by the Health Officer. 9.2 The purpose of allowing this emergency transportation and storage is allow the clean up or restoration of critical community facilities in a timely fashion while reserving the right to make further changes at a later time. 9.3 The Health Officer may limit the nature and quantity of materials so placed in order to prevent health hazards,nuisances or other issues cited in these regulations. 9.4 The Health Officer may require the subsequent removal or relocation of any materials found to be unsuitable for long-term storage or disposal on the originally approved location. 10. Inspections and searches i Draft Solid Waste May 2004 Effective Date mm/dd/04 12 10.1 Inspections and searches of permitted facilities. All facilities that have applied • for a solid waste permit or have received a solid waste permit are subject to inspection by the Health Officer without notification. These inspections, sometimes called "administrative searches" do not require that a warrant first be obtained. These inspections are necessary to determine compliance with permit conditions, and to prevent the hiding or burying, or improper destruction of materials subject to this. The Health Officer may enter and inspect and take samples at any such facility or location, private or public, at any reasonable time or during the facility's regular business hours to determine compliance with legal, permit, or environmental conditions. For this purpose,facilities include all real property, buildings, equipment, vehicles, storage containers, and structures related to waste handling, and all records, both print and electronic, that are related to the reception, storage, handling or disposition of solid waste materials. 10.1.1 The Health Officer may require that solid waste permit applicants or permit holders produce records for inspection if those records are kept at any location off the permitted site. 10.1.2 The health officer shall notify all applicants for solid waste permits and all holders of solid waste permits that they are subject to inspection as in section (1) above. A similar notice shall be included in all issued solid waste permits. • 10.1.3 The Health Officer may only release records to the public when such release is in compliance with Chapter 42.17 RCW. 10.2 Obtaining a search warrant. If the Health Officer is refused entry to any facility as in 10.1 above, he or she may seek and obtain a search warrant from a court of competent jurisdiction. A non-specific search warrant may be issued by the court because of the extremely variable nature of solid waste and because solid waste disposal is a pervasively regulated industry. Further refusal of entry is cause for suspension or revocation of the permit. 10.3 Inspections and searches not associated with permitted facilities. The Health Officer may enter and inspect the areas outside the buildings of private or public property at any reasonable time when he or she has cause to believe that a violation of these regulations has occurred or is occurring. If he or she is refused entry to such property, the Health Officer may seek, and a court may issue a search warrant upon demonstrating probable cause that a violation exists. 10.4 The Health Officer may inspect any location on property or premises, including, but not limited to, the interiors of buildings or structures, when granted permission by the property owner or person in control of the property or having obtained and • presented a valid search warrant issued by the court. The Health Officer may seek and Draft Solid Waste May 2004 Effective Date mm/dd/04 13 the court may issue a search warrant based on probable cause that a violation exists without first seeking voluntary permission for access or entry. . 11. Fee Schedule A fee schedule shall be adopted by the Board of Health, and revised as needed, covering the permit and service categories relevant to the solid waste program. Categories shall include, but not be limited to: permits, penalties,waivers, services, and appeals. 12. Civil and Criminal Penalties 12.1 Civil infractions shall be imposed pursuant to Chapter 7.80 RCW,Chapter 70.93 RCW, Chapter 70.95 RCW, Chapter 173-350 WAC, and Chapter 173-351 WAC, and these regulations. Appeals to such citations shall be in the Jefferson County District Court. All lawful enforcement options, including judicial solutions, may be used to enforce state law or regulation or any local Ordinance as stated in the Jefferson County Policy on Complaint Review and Enforcement, Resolution No 42-03. 12.2 The health officer shall work cooperatively with the Washington State Department of Ecology and the Clallam County Sheriff to implement the enforcement in section(1) above. 13. Performance of Work,Abatements and Liens • Failure to comply as directed by an order of the Health Officer may result in efforts by the Health Officer to mitigate actual or potential health risks, environmental risks or public nuisances by: 13.1 performing necessary corrective work and billing the cost of that work to the violator (or the violator's heirs or assigns) at established rates; or, 13.2 contracting with qualified firms or persons to perform said work or any combination of 14.1 and 14.2. Billings for work performed under this Section shall be sent to the violator and payment is required within thirty (30) days. If a bill is not paid within the given time period, the County Assessor may be directed to add this bill to the property as a lien. Final settlement of this lien may include interest of 8% per annum on the lien amount. 14. Additional health hazards and solid waste deposits--Abatement,control or reduction-- Summary action-- Recovery of costs. (1) The owner of land where a health hazard or solid waste accumulation exists and the person responsible for the existence of a health hazard or solid waste accumulation shall take reasonable measures to reduce the dangers associated with the health hazard or solid waste accumulation from the area and may abate the hazard by actions approved by the health officer. . Draft Solid Waste May 2004 Effective Date mm/dd/04 14 it>Iraft (2) The department shall use this Chapter and existing solid waste and litter • control laws when directing a person responsible to abate an accumulation of solid waste. (3) The owner or person responsible for the existence of the health hazard or solid waste accumulation is required to abate, control or reduce the hazard. The duty to abate, control, or reduce, and liability under this, -rise upon creation of the health hazard or solid waste accumulation. Liability shall include but not be limited to all enforcement and administrative expenses incurred by the department, regardless of cause. (4) If the owner or person responsible for the existence of the health hazard or solid waste accumulation subject to this Chapter refuses,neglects, or unsuccessfully attempts to abate,control, or reduce the same, the department may summarily abate, control, or reduce the health hazard or removal of the solid waste accumulation as required by this Chapter and recover twice the actual cost thereof from the owner or person responsible. Health Department reserve account moneys may be used by the department,when available, for this purpose. Moneys recovered by the department pursuant to this section shall be returned to the Health Department reserve account. (5) Such costs shall include all salaries and expenses of people and equipment incurred therein,including those of the department. All such costs shall also be a lien upon the land enforceable in the same manner with the same effect as a mechanic's lien. • (6) The summary action may be taken only after ten days' notice in writing has been given to the owner or reputed owner of the land on which the health hazard or solid waste accumulation exists. The notice shall include a suggested method of abatement and estimated cost thereof. The notice shall be by personal service or by registered or certified mail addressed to the owner or reputed owner at the owner's last known place of residence. (7) Billings for work performed under this Section shall be sent to the violator and payment is required within thirty (30) days. If a bill is not paid within the given time period, the County Assessor may be directed to add this bill to the property as a lien. Final settlement of this lien shall include interest of 8 percent per annum on the lien amount. 15. Hearings and Appeals (1) Appeal of solid waste permit decisions. Any solid waste permit applicant or owner of property on or for which a solid waste permit has been submitted or issued, or a person whose property is adjacent to property subject to the solid waste permit, or other person who is aggrieved by a permit issuance,permit denial, permit suspension, or action by the health officer, shall have the right to appeal the matter and have a hearing before a hearing officer authorized by the Board to conduct such hearings. Any such appeal must be made within ten (10) days of service of the order and the appeal will conform to the requirements of WAC 173-350 and this regulation. The decision of the iohearing officer regarding solid waste permits or notice or order may be appealed to the Draft Solid Waste May 2004 Effective Date mm/dd/04 15 • Board of Health. Any action to review the hearing officer's decision must be filed • within thirty (30) days of the date of the decision. Except for conditions causing risks to human health or safety, appeals shall act as a stay of the health officer decision or order. (a) Hearing officer administrative hearing. Any person aggrieved by a permit decision or notice or order of the health officer may request,in writing, a hearing before the hearing officer. The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the health officer. Such request shall be presented to the hearing officer within ten (10) days of the action appealed. Upon receipt of such request together with any applicable hearing fees, the hearing officer shall notify the appellant, and permit holder or applicant if different, in writing of the time, date, and place of such hearing, which shall be set at a mutually convenient time not less than twenty (20) days nor more than thirty (30) days from the date the request was received. The hearing officer will issue a decision affirmir ;,reversing, or modifying the health officer decision which has been appealed. The hearing officer may require additional actions as part of the decision. (b) Hearing procedures. Hearings shall be open to the public and presided over by the hearing officer. Such hearings shall be recorded. Hearings shall be opened with a recording of the time, date and place of the hearing; and a statement of the cause for the hearing. The hearing officer shall then swear in all potential witnesses. The case shall be presented in the order directed by the hearing officer. The appellant may present rebuttal. The hearing officer may question • either party. The hearing officer may allow for a closing statement or summation. General rights include: (i) To be represented by an attorney; (ii) To present witnesses; (iii) To cross-examine witnesses; (iv) To object to evidence for specific grounds. In the conduct of the proceeding, the hearing officer may consider any evidence, including hearsay evidence that a reasonably prudent person would rely upon in the conduct of his or her affairs. Evidence is not admissible if it is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this state. The hearing officer shall decide rulings on the admissibility of evidence, and the Washington rules of evidence shall serve as guidelines for those rulings. (c) Record. Inasmuch as any appeal to the Board of Health from a hearing officer decision is a review on the record, the hearing officer shall ensure that the record generated contains testimonial and documentary evidence supporting the hearing officer's issuance of the hearing decision. The hearing officer may continue the hearing to another date to allow for additional submission of information or to allow for additional consideration. Prior to closing of the hearing,the hearing officer shall issue Draft Solid Waste May 2004 Effective Date mm/dd/04 16 its oral ruling, unless the hearing officer determines that the matter should • be taken under advisement. Written findings of fact,conclusions of law and orders shall be served on the appellant within fourteen days (14) of the oral ruling. If the matter is taken under advisement, written findings, conclusions and orders shall be mailed to the appellant within twenty one (21) days of the close of the hearing. The appellant shall bear the burden of proof and may challenge the permit decision based on the preponderance of the evidence. (d) Appeals. Any decision of the hearing officer shall be final and may be reviewable by an appeal filed with the Board of Health.. Any action to review the hearing officer's decision must be filed within thirty (30) days of the date of the decision. (2) Appeal of decision of the hearing officer regarding solid waste permits. (a) Any solid waste permit applicant or owner of property on or for which a solid waste permit has been submitted or issued, or a person whose property is adjacent to property subject to the solid waste permit, or other person who is aggrieved by a permit issuance, permit denial, permit suspension, or action by the health officer,aggrieved by the findings, conclusions or orders of the hearing officer shall have the right to appeal the matter by requesting a hearing before the Board of Health. Such notice of appeal shall be in writing and presented to the clerk of the Board of Health • within thirty (30) days of the hearing officer's decision. The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the hearing officer. (b) The decisions of the hearing officer shall remain in effect during the appeal. Any person affected by the solid waste permit decision may make a written request for a stay of the decision to the hearing officer within five (5) business days of the hearing officer's decision. The hearing officer will grant or deny the request within five (5) business days. (c) Upon receipt of a timely written notice of appeal, the clerk of the Board of Health shall set a time, date, and place for the requested hearing before the Board of Health and shall give the appellant written notice thereof. Such hearing shall be set at a mutually convenient time not less than fifteen(15) days or more than thirty (30) days from the date the appeal was received by the clerk of the Board of Health unless mutually agreed to by the appellant and clerk of the Board of Health. (d) Board of Health hearing shall be open to the public and presided over by the chair of the Board of Health. Such hearings shall be recorded. Board of Health hearings shall be opened with a recording of the time, date and place of the hearing; and a statement of the cause for the hearing. The hearing shall be limited to argument of the parties and no additional evidence shall be taken unless, in the judgment of the chair, such evidence could not have reasonably • been obtained through the exercise of due diligence in time for the hearing Draft Solid Waste May 2004 Effective Date mm/dd/04 17 Dad before the hearing officer. Argument shall be limited to the record generated before the hearing officer unless the chair admits additional evidence . hereunder. (e)Any decision of the Board of Health regarding the appeal of a decision by the hearing officer or the health officer relative to a solid waste permit shall be final and may be appealed to the Pollution Control Hearings Board pursuant to RCW 70.95.210. (3) Appeal to hearing officer of solid waste violation not associated with a permitted facility. (a) Stay of corrective action. The filing of a request for hearing pursuant to this section shall operate as a stay from the requirement to perform corrective action ordered by the health officer while the hearing is pending, except there shall be no stay from the requirement for immediate compliance with an emergency order issued by the health officer or from the requirements regarding human health and safety. (b) Hearing officer administrative hearing. The owner or occupant of property on or for which a solid waste violation has been submitted or issued, or a person whose property is adjacent to property subject to the solid waste violation, or other person aggrieved by a notice and order to correct a violation may request,in writing, a hearing before the hearing officer. The appellant shall submit specific statements in writing of the • reason why error is assigned to the decision of the health officer. Such request shall be presented to the hearing officer within ten(10) days of the action appealed. Upon receipt of such request, together with any applicable hearing fees, the hearing officer shall notify the person in writing of the time, date, and place of such hearing,which shall be set at a mutually convenient time not less than twenty (20) days nor more than thirty (30) days from the date the request was received. The hearing officer will issue a decision affirming, reversing, or modifying the notice and order to correct violation. The hearing officer may require additional actions as part of the decision. (c) Hearing procedures. Hearings shall be open to the public and presided over by the hearing officer. Such hearings shall be recorded. Hearings shall be opened with a recording of the time, date and place of the hearing; and a statement of the cause for the hearing. The hearing officer shall then swear in all potential witnesses. The case shall be presented in the order directed by the hearing officer. The appellant may present rebuttal. The hearing officer may ask questions. The hearing officer may allow the opportunity for a closing statement or summation. General rights include: (i) To be represented by an attorney; (ii) To present witnesses; 111 Draft Solid Waste May 2004 Effective Date mm/dd/04 18 (iii) To cross-examine witnesses; 1111 (iv) To object to evidence for specific grounds. In the conduct of the proceeding, the hearing officer may consider any evidence, including hearsay evidence that a reasonably prudent person would rely upon in the conduct of his or her affairs. Evidence is not admissible if it is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this state. The Health Officer shall decide rulings on the admissibility of evidence, and the Washington rules of evidence shall serve as guidelines for those rulings. Inasmuch as any appeal to the Board of Health from a hearing officer decision is a review on the record,the hearing officer shall ensure that the record generated contains testimonial and documentary evidence supporting the hearing officer's issuance of the notice and order to correct violation. The hearing officer may continue the hearing to another date to allow for additional submission of information or to allow for additional consideration. Prior to closing of the hearing, the hearing officer shall issue its oral ruling unless the hearing officer determines that the matter should be taken under advisement. Written findings of fact, conclusions of law and orders shall be served on the appellant within fourteen days (14) of the oral ruling. If the matter is taken under advisement,written findings, conclusions and orders shall be mailed to the appellant within twenty one (21) days of the close of the hearing. The appellant shall bear the burden of proof and may overcome the notice and • order to correct violation by a preponderance of the evidence. (d) Appeals. Any decision of the hearing officer shall be final and may be reviewable by an appeal filed with the Board of Health. Any action to review the hearing officer's decision must be filed within thirty (30) days of the date of the decision. (4) Appeal of decision of hearing officer regarding solid waste violation not associated with a permitted facility. (a) The owner or occupant of property on or for which a solid waste violation has been submitted or issued, or a person whose property is adjacent to property subject to the solid waste violation, or other person aggrieved by a notice and order to correct a violation may appeal the decision of the hearing officer by requesting a hearing before the Board of Health. Such notice of appeal shall be in writing and presented to the clerk of the Board of Health within thirty (30) days of the hearing officer's decision. The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the hearing officer. (b) The decisions of the hearing officer shall remain in effect during the appeal. Any person affected by the notice and order to correct violation may make a written request for a stay of the decision to the hearing officer within five (5) business days of the hearing officer's decision. The hearing officer will grant or deny the request within five (5) business days. (c) Upon receipt of a timely written notice of appeal, the clerk of the Board of Health shall set a time, date, and place for the requested hearing before Draft Solid Waste May 2004 Effective Date mm/dd/04 19 the Board of Health and shall give the appellant written notice thereof. Such hearing shall be set at a mutually convenient time not less than • fifteen(15) days or more than thirty (30) days from the date the appeal was received by the clerk of the Board of Health unless mutually agreed to by the appellant and Board of Health. (d) Board of Health hearings shall be open to the public and presided over by the chairman of the board of health. Such hearings shall be recorded. Board of health hearings shall be opened with a recording of the time, date and place of the hearing; and a statement of the cause for the hearing. The hearing shall be limited to argument of the parties and no additional evidence shall be taken unless, in the judgment of the chair, such evidence could not have reasonably been obtained through the exercise of due diligence in time for the hearing before the hearing officer. Argument shall be limited to the record generated before the hearing officer unless the chair admits additional evidence hereunder. (e) Any decision of the Board of Health regarding health officer actions not related to permitted facilities shall be final and may be reviewable by an action filed in Superior Court. Any action to review the Board's decision must be filed within thirty (30) days of the date of the decision. 15.Waivers to Provisions of this Regulation Whenever a strict interpretation of provisions of this regulation,which are not • required by Chapter 173-350 WAC, would result in extreme hardship, the Health Officer or an appointed Hearing Officer may waive the provision(s) causing extreme hardship in accordance with the provisions of this regulation. Provisions required under state law or regulation may not be waived without written concurrence from Ecology or other applicable state agencies. 16. Variances to Chapter 173-350 WAC Any person who owns or operates a solid waste handling facility subject to a solid waste permit may apply to the Department for a variance as stated in Chapter 173-350 WAC-710 (7). 17. Conflict 17.1 Whenever a conflict between statutes or regulations or this regulation is discovered or is alleged, the Health Officer shall interpret the laws and conditions and shall take the action that protects public health and is the most compatible with this regulation. 18. Severability If any section of this regulation or its application to any particular person and/or circumstance is held to be invalid, the remainder of this regulation and its application to other persons and/or circumstances shall not be affected. • Draft Solid Waste May 2004 Effective Date mm/dd/04 20 11 ir:,!ULII, Effective Date. • The effective date of this regulation shall be June, 2004. ADOPTED this day of 2004 JEFFERSON COUNTY BOARD OF HEALTH JEFFERSON COUNTY HEALTH OFFICER , Chair Thomas H. Locke, M.D. Date Date • Draft Solid Waste May 2004 Effective Date mm/dd/04 21 8.10.010 Chapter 8.10 8.10.060 Landfill permits—Fees. Permit fees shall be as per Jefferson County SOLID WASTE Health Department fee schedule.1 [Ord. 2-77 Part 2 §4.02] Sections: 8.10.010 Standards adopted. 8.10.070 Landfill permits—Renewal. 8.10.020 Additional requirements. Every permit for the operation of a sanitary 8.10.030 Containers—Size,weight. landfill, transfer station or other solid waste dis- 8.10.040 Containers—Use. posal facility and all collection vehicle fees shall be 8.10.050 Landfill permits—Required. renewed annually on or before December 31st of 8.10.060 Landfill permits—Fees. each year, subject to satisfactory compliance with 8.10.070 Landfill permits—Renewal. these regulations. [Ord. 2-77 Part 2 §4.03] 8.10.080 Landfill permits—Suspension and appeals. 8.10.080 Landfill permits—Suspension and 8.10.090 Landfill permits—Hearings and appeals. appeals. A permit may be suspended by the county health 8.10.100 Enforcement. officer in accordance with RCW 70.95.200. [Ord. 8.10.110 Violations—Penalties. 2-77 Part 2 §4.04] 8.10.010 Standards adopted. 8.10.090 Landfill permits—Hearings and The Minimal Functional Standards for Solid appeals. Waste Handling,Chapter 173-301 WAC is hereby An aggrieved applicant may appeal a denial of a adopted as regulations governing solid waste dis- permit, or suspension of a permit, in accordance posal in Jefferson County. [Ord.2-77 Part 2§ 1.01] with RCW 70.95.210. [Ord. 2-77 Part 2 §4.05] 8.10.020 Additional requirements. 8.10.100 Enforcement. The standards, requirements and procedures of It shall be the duty of the county health officer this chapter shall be adopted in addition to the Min- to enforce the provisions of these regulations imum Functional Standards. [Ord. 2-77 Part 2 § equally on all persons. [Ord.2-77 Part 2 § 5.01] • 1.02] 8.10.110 Violations—Penalties. 8.10.030 Containers—Size,weight. Any person violating any of the provisions of Individual waste containers that are intended to these regulations shall be guilty of a misdemeanor be emptied by mechanical means shall be limited and upon conviction shall be punished by a fine of in volume to 32 gallons in capacity and the gross not less than $25.00 or more than $250.00, or by weight of container and waste shall not exceed 65 imprisonment in the county jail for not more than pounds. [Ord.2-77 Part 2 § 2.01] 90 days. Each separate day or any portion thereof during which any violation occurs or continues 8.10.040 Containers—Use. shall be deemed to constitute a separate offense, It shall be the responsibility of each land owner, and upon conviction shall be punished as herein company, corporation or individual to ensure that provided. [Ord.2-77 Part 2 § 7.01] his waste material shall be so stored in approved containers as to preclude creation of litter. Failure to do so shall be a misdemeanor. [Ord. 2-77 Part 2 § 3.01] 8.10.050 Landfill permits—Required. Every person desiring to construct and/or oper- ate a sanitary landfill,transfer station,reclamation site, incinerator, composting plant or solid waste collection service in Jefferson County shall first obtain a permit from the Jefferson County health department. [Ord. 2-77 Part 2§4.01] 1.Fee schedules are located in the appendix to the Jefferson County Code. • 8-6 Board of Health New Business Agenda Item # V., 4 • Public Health Emergency Preparedness and Response Update May 20, 2004 • 3 May 2004 Region 2 • PHEPR Consolidated Contract (ConCon) Deliverable Schedule Focus Deliverables: Due Dates: Area To be submitted to the RERC and Doll Participate in surveillance and epi activities that Ongoing B facilitate accomplishment of work plan objectives according to regional priorities. G Participate in regular RLS meetings Ongoing Collect and report regional education and training Ongoing G activities (including drills and exercises) through WAPHTN or DoH-approved LMS,when available. G Conduct annual PH Ready ICS training regionally or Ongoing multi-regionally G Provide coordinated regional distance learning training Ongoing B Submit work plans for regional activities to DoH using 31 October 2003 • provided template COMPLETE ALL Submit "completed" LHJ emergency response plans, 19 December 2003 including draft SNS plan to DoH. COMPLETE A/L Submit LHJ 24/7 notification and activation plan to 19 December 2003 DoH COMPLETE G Attend a PH Ready ICS Train-the-Trainer course 31 December 2003 COMPLETE A/R Designate Regional SNS Coordinator and submit name 1 January 2004 to Doll COMPLETE B Document 24/7 communicable disease evaluation and 2 January 2004 response plan for each LHJ within the region using 2 March 2004 provided template COMPLETE G In cooperation with Doll, the RLS will complete a February 2004 qualitative training needs assessment for the region that April 001 identifies competency and performance targets for learning, and prioritizes learning development projects. 30 June 2004 1 30 July 2004 • ALL Submit semi-annual progress report to DoH. 1 March 2001 22 March 2001 COMPLETE H,B Support Focus Area"B" activities by identifying hospital 1 March 2001 and health care provider facility staff to serve as a Hospital Infection surveillance liaison with local public health jurisdiction Control designated concerning notifiable condition reporting and other surveillance activities. Document in Focus Area B COMPLETE Progress Report H, B With regional hospitals, support Focus Area B activities 1 March 2004 by developing and implementing policies and procedures Slipping to the right for health care partners to report notifiable conditions to appropriate public health authorities. Document in Focus Area B Progress Report H In cooperation with the regional EMS and Trauma 1 March 2001 Council, RERC will work with regional hospitals to COMPLETE develop and implement a regional hospital funding process; review and prioritize hospital funding proposals; • and submit funding recommendations to DoH for approval . H,G Document &Report Hospital Laboratory Training 1 March 2004 Dropped A/L Implement LHJ 24/7 notification and activation plan 1 March 2004 • Slipping to the right G Submit a preliminary regional training plan to DoH 30 April 2001 using the approved template. Plan will integrate 30 June 2004 regional hospital training requirements and incorporate all-hazard disasters (including chemical and radiological 30 August 2004 training requirements. A/R Submit draft regional emergency response plan to DoH 30 April 2004 30 June 2004 A/L Submit"completed"LHJ SNS Plan to DoH 1 May 2004 1 August 2004 2 • B Submit documented lessons learned from 24/7 response 31 May 2001 capacity assessment 1 August 2004 G Identify, inventory, and catalogue regional learning 1 June 2004 products, references, and tools 30 June 2004 Enter regional resources and tools into the WAPHTN Unknown—pending electronic lending library system or LMS lending library new RLS system, when available Develop and communicate state&regional training calendars A/R, H Conduct tabletop, or other type of exercise, that 1 June 2004 exercises the draft regional plan; include regional Slipping to the right hospitals A/L Conduct LHJ tabletop, or other type of exercise of the 30 June 2004 "completed"LHJ plan. A/R, H Regions submit after action review of regional public 45 days after regional health and hospital exercise to DoH exercise • A/L LHJs submit after action review of LHJ exercise to 45 days after LHJ DoH. exercise B Complete standardized surveillance system evaluation in 27 August 2004 each LHJ ALL Submit semi-annual progress report to DoH 30 August 2004 F Provide report of all expenditures including a brief 30 August 2004 description of each item or service and how item(s) or service(s) were used to enhance LHJ's emergency communications capacity or support related public information efforts. G Submit an updated regional training plan to DoH using 30 August 2004 the approved template. Plan will integrate regional hospital training requirements and incorporate all-hazard disasters (including chemical and radiological training requirements. G Coordinate and document all identified regional 30 August 2004 Smallpox education and training 411 H,G Document & Report Hospital Laboratory Training 30 August 2004 3 G Attend a DoH-recognized Distance Learning conference 30 August 2004 G Identify, document, and report regional distance learning 30 August 2004 competencies H,A/R Submit an updated regional hospital plan to DoH as part 30 August 2004 of the regional public health emergency response plan H, B Support Focus Area"B"activities by identifying 30 August 2004 hospital and health care provider facility staff to serve as a surveillance liaison with local public health jurisdiction concerning notifiable condition reporting and other surveillance activities. Document in Focus Area B Progress Report H,B With regional hospitals, support Focus Area B activities 30 August 2004 by developing and implementing policies and procedures for health care partners to report notifiable conditions to appropriate public health authorities. Document in Focus Area B Progress Report H, C, G In collaboration with DoH Focus Area C and G leads, 30 August 2004 and RLS, coordinate and track hospital lab Hazmat Packaging and Shipping training, laboratory participation in a proficiency-testing program (such as CAP) that is focused on Category A BT agents. • Copy of Hazmat Packaging& Shipping training certificate submitted to DoH • Copy of Testing and Referral of Category A Agents training certificate of completion submitted to DoH • Documentation of hospital participation in Category A proficiency-testing in FY03 H Support and document hospital lab purchase of shipping 30 August 2004 supplies for transport of both routine and BT-related specimens to the WA State Public Health lab H Support and document hospital lab purchase of Class II 30 August 2004 Biological Safety Cabinets A/SP Those portions of the LHJ Emergency Response Plan 30 August 2004 that are due for completion in CY 2004 are completed AJSP Vendor to produce the required number of paper copies 30 August 2004 • of the three LHJ Emergency Response Plans contracted 4 • A/SP Paper copies of the LHJ Emergency Response Plans 30 August 2004 distributed to community partners utilizing contractor A/SP Potential LHJ SNS point of distribution(PoD) facilities 30 August 2004 identified A/SP Each SNS PoD facility surveyed to collect required 30 August 2004 information for the SNS facility worksheet. Digital photographs taken to accompany the worksheet. A/SP "Shopping lists"that identify sources of SNS supplies 30 August 2004 that can be purchased at short nocie in anticipation of SNS operations developed. Databases containing contact information for key community partners developed. A/SP Marketing plan for Kitsap County MRC implemented 30 August 2004 A/SP Saturation advertising for MRC to recruit volunteers 30 August 2004 completed. • A/R Submit"completed"regional emergency response plan 31 August 2004 to DoH A/R Submit written resource sharing agreements within the 31 August 2004 region(e.g. MAA, MoU, MoA, Interlocal agreements) to DoH Key A/L Focus Area A(Preparedness & Planning)—Local A/R- Focus Area A(Preparedness & Planning)—Regional A/SP Focus Area A (Preparedness & Planning)—Special Projects B Focus Area B (Surveillance& Epidemiology) F Risk Communications G Focus Area G (Education & Training) H Focus Area H (Hospital) SNS Strategic National Stockpile • 5 • Board of Health Media Report 1 May 20, 2004 • • Jefferson County Health and Human Services APRIL — MAY 2004 NEWS ARTICLES 1. "Water plan fully rests with panel",Peninsula Daily News, April 11, 2004 2. "Fee increases mulled", Peninsula Daily News, April 11, 2004 3. "EarthDay EveryDay!",P.T. Leader, April 14, 2004 (2 pages) 4. "Dr. Locke is honored as health care hero",P.T. Leader, April 14, 2004 5. "Health official doing well",Peninsula Daily News,April 16, 2004 6. `Disability Accessibility', Civic leaders to test local sidewalk access April 21" P.T. Leader, April 14, 2004 • 7. "Water plan wins 3-0 approval", Peninsula Daily News,April 15,2004 8. "Shrinking funds bring health leaders together",Peninsula Daily News, April 18, 2004 9. "Revelers frolic for planet",Peninsula Daily News,April 19, 2004 10. "Health programs face drastic cuts",P.T. Leader, April 21, 2004 11. "City, county merger seen as heard sell",Peninsula Daily News, April 20,2004 12. "County wants city to consider merger",P.T. Leader, April 21, 2004 13. "PT considers budget woes",Peninsula Daily News,April 29, 2004 14. "Students suspended for taking caffeine pills",P.T. Leader, May 5,2004 15. "Hospital plan disaster drill for next week",Peninsula Daily News, May 6, 2004 16. "Hood Canal woes linked to sewage", Peninsula Daily News, May 7, 2004 17. "Agencies want aid, not rules",Peninsula Daily News, May 11, 2004 • 18. "Fay leaving county health department",P.T. Leader, May 12, 2004 1 orthwes t SUNDAY,APRIL 11,2004 All , Iy Iater plan Water: `I have had a change of heart ' ully rests g CONTINUED FROM Al ing older people can maintain "It gives me a little more While-King is looking for a catchment system," King objectivity,"Roberts said of his one other vote from a fellow said, residence. W I comm- r r buildtm theusees it a different King thinks island resi- island-wide water system,Sul- ‘..Sullivany' • dents have had ample oppor- liven said he believes propo- He said the protests show tunity to express their opin- nents should be the ones to 45 percent of the people are ion. push the proposal forward by satisfied with their water. "One-hundred percent of bringing in a petition signed a And there's no proof that the island voted, no matter Decision in "77-'"""7"---- -- -kr;., majority of parcel owners. the other 55 percent want an what the count is,"King said. 1 island-wide water system, he Sullivan would also like �j r el- • a "I think the proponents Marrowstone �' need to take the information satd. water system proponents — ?� that's available about who We didn't give them an rather than the utility district ;,- w.r avenue to respond, Sullivan still l , • ,] ••evs,;,,,j?• didn't protest and go out and P —present plans to install pub- ,V, still UnCl_eClded a+ q T�, get those petitions," Sullivan said. lic water in areas where there Ascertaining support said. is less opposition. "It makes more sense for y, `• - -. At a PUD meeting Wednes- BY JIM MANDERS F, 1i d�� -> the r0 rrr �.rp 'f day night,King said he would "We don't know how manyproponents to draw it up PENINSULA n DAu.Y Nt:ws -e• make a motion to go ahead were actively in favor of the and gather support pport in their NORDLAND — None of the 410 ► r'° with the water system if the water system or how many community,"Sullivan said. protests to an island-wide public .., ...•.....,-,..i• number of protests failed to didn't want to take a stance.I "Then we would be in a �^,f. " reach 40 position to make a decision." water system on Marrowstone Island *�5 percent. don't think the active support has been verified because of the t 1.'ttt "Today I have had a change was as strong as the active King doesn't think a partial. Easter weekend, and officials who of heart," King said Friday Protests." water system will work. will decide the fate of the$4.4 million , w1 • - night,adding that he now sup- Roberts, president of the "It appears to me that there plan differ about how they want to �''tS ports the full-island water sys- PUD board, said he won't is really no way to count out proceed. i, 11-. _ i - tem as long as a majority have any trouble making his any portion of the island," The issue is further clouded by i i ' }• � ti protest isn't reached. decision but said he would King said in an e-mail message state law that leaves the Jefferson • r The commissioner, who wait until the next meeting to sent Friday to a proponent County Public Utility District in the •.1�-•- .—.i 3 ,, lives in Gardiner where apub- reveal it. and shared with Peninsula position of having to make an arbi- '�1.` p.t lie water system was installed "That's how the public Daily News. Crary decision. , �. :' about 20 years ago, said he process works," Roberts said "If the system is condensed, Two PUD commissioners reached .` 1l'.• V0.... M 'k� spent eight hours on Marrow- stone Saturday afternoon. so many of the people that are Fr d Saturday offered opposite ?MP.nr :3a+. ' stone Island on Friday,talking Roberta said it's possible in dire need of water would p view about what decision •' "�,.p �z� F•7 with residents. the board will hold a special still be left out." the make ree-member board should /' lk*:;a "I had a meeting with a guy meeting early this week. The The certification of protests , �'•• who has a brand new house commissioners' next regular will probably be completed The third.realizing he is the swing k 1, r.'4',,,...,.4,,,„.,4, "l' and no water,"Kingsaid. meeting is schedule April 21. sometime earlyin the week. , vote on the issue,said he'll wait until ! t! r3 p re "Another has a well that "I'm strongly convinced Proponents and opponents the next PUD commissioners' meet- • ,'; t t3''sr,f' p-y pumps half a gallon of water a that we need to press a resolu- of the water system have ng to make his view known. I " }� minute,but the pump can only tion,"Roberts said. obtained copies of the protests The water system issue is height- T run part of the time or it will As for his position as swing and offer differing views about ened by the fact that many privately \,rf burn out because there isn't vote, Roberts said he doesn't how many might be ruled owned wells are fouled by saltwater any water." mind sitting in the hot seat. invalid. sys- intruding into them JIM MwxoeeaPe.vinscu Derr New. Opponents of the water sys- "I think I have the advan- Gloria Hays of the propo- JIM Dana Roberts, Pink shading on this map of tern say alternatives, such as lege of being on the edge," neat group Water for Marrow- Wayne King and David Sullivan have Marrowstone Island shows the rainwater "catchment" sys- said Roberts, who lives inside stone said there are about 50 several public water system options population areas of strongest tems,are part of the solution the city limit of Port protests that the group consid- tn choose from,including: opposition to installing an to the Townsend, which has a water ars invalid, which would drop problems proponents •Approval of the island wide sys- -s- Island-wide public water sayplaguesystem. PP y the island. the percentage just below 40 tem as proposed. system. "I have a tough time believ Roberts said Sullivan's dm- percent. •Denial of the current plan. trict, which includes Marrow- But Ray Harker of the • Reducing the boundaries of the protests, or 45.1 percent, which is stone Island, has more water opposition Conserve Water proposed local utility district for pub- about 5 percent below the number systems than has King's, First said he would be sur- lic water only to areas where it has that would mean automatic rejection which covers southern and prised if more than a few the strongest support. Also muddying the water are western Jefferson County. protests are disallowed. statements from the three commis- -• State law's dictates sioners that they would reconsider State law.which says a majority of the island-wide system if the number the parcels have to protest in order to of people filing protests reached defeat the proposed local utility dis- between 35 percent to 40 percent. trict, puts the decision in the corn- King said the commissioners missioners'hands. didn't make a motion on that issue. The law doesn't automatically but Sullivan claims the district's approve the system if the majority attorneys have told the commission- isn't reached. ars there needed to be 60 to 70 per- cent approval to move ahead with the project. notices of the preliminary assessment to 910 parcels. and received 410 TURN TO WATER:A11 • increases ee m II ue PENINSULA DAILY NEWS Eye on Jefferson At 1 p.m. Wednesday, the S e son commissioners will hold a busi- Jefferson County commis ness meeting at the same loca- sioners have a fairly light City of Port Townsend tion. agenda when they meet Mon- day in their room in the base- The City Council meeting port Townsend schools ment of the courthouse, 1820 scheduled for Monday night is Jefferson St., Port Townsend. canceled, but other city meet- The Port Townsend School But they have a full slate of ings are scheduled during the District board will hold a public other meetings during the week. hearing on how Initiative 728 week. They include: funds will be spent during the _ At 10:05 a.m. Monday, the ■ Design review advisory 2004-05 school year. commissioners will hold a pub- committee meets at 3 p.m. The voter-apprnved initia- lic hearing on proposed fee Monday in council chambers tive provides funding for class. increases for a public health 540 W. Washington St. size reduction and education clinic and environmental and ■ Point Hudson subcommit- improvement. animal services. tee meets with Port of Port The district's plans for the The commissioners will Townsend at 1 p.m. Tuesday in coming school year include receive a briefing from state the Point Hudson Marina reduction of class sizes for all Department of Natural Room. grades by maintaining an addi- Resources officials on a pilot ■ The lodging tax advisory tional teacher in each building; study on the feasibility of geo- committee meets at 3 p.m. in support of an all-day kinder duck aquaculture on state- council chambers. garten program;addition of one owned aquatic lands beginning ■ A public workshop on the optional day for staff develop- at 10:45 a.m. Point Hudson plan will be held menta addingSaturdayschool Jeanne Koenings, coordina- beginning at 6 p.m. Wednesday at Blue Heron Middle School; tor for the program, will pro- in the Point Hudson Marina and other staff development vide the briefing. Room. P The commissioners could fill ■The library advisory board plans. two Planning Commission meets at 9 a.m. Thursday at Quilcene schools • vacancies after a discussion 1256 Lawrence St. scheduled to begin at 11:10 ■ The shoreline advisory The Quilcene School District • a.m. group meets at 6 p.m.Thursday board meets at 6 p.m.Thursday The meeting opens at 8 a.m. in the Point Hudson Marina in the board meeting room at with reports by each of the Room. the school. • three commissioners. County I The metropolitan park dis- Administrator David Gold- trict task force meets at 6 p.m. smith briefs the commissioners in Room 3 of City Hall in the at 9 a.m. and public comment Waterman-Katz Building, 181 will be accepted at 9:30 a.m. Quincy St. Other county meetings this II City Council/Jefferson week include: County workshop with the • Tri-Area Urban Growth board of health at 7 p.m.Thurs- • Area open house from 4:30 day in the auditorium of Jeffer- p.m. to 7 p.m. Wednesday at son General Hospital. the WSU Cooperative Exten Port of Port Townsend sion building in Shold Business Park, 91 Pattison Road, Port Port of Port Townsend com- Hadlock. missioners meet for a workshop A proposed sewer system at 9:30 a.m. Wednesday in the will be one of the focal points. Point Hudson Marina Room. • Health board joint meet- ing at 7 p.m. Thursday in the . auditorium at Jefferson Gen- eral Hospital,—834 Sheridan ' Ave., Port Townsend. The board of health, which includes all three commission- - ers, is seeking funding assis- tance from the city of Port Townsend in order to assure �h N [f_ —O(� health programs continue. . . barth aEveryDay ! I ,isten, learn, participate in special events Saturday and Sunday Jefferson County has tong been a year rather than conceiving of Earth Day edgeable in sustainable agriculture. main gate receives a list of 20 questions. place where many people turn out for as one day of the year,"said Ann Raab, All of the events,displays and activi- All the answers can be found at booths typical Earth Day activities: picking lit- one of the event's volunteer coordinators, ties are free. and und the fild. ter,planting trees and flowers and clear- The community-based celebration Most of the participants are from Correctlylaanswys ering aated arminimum ofe10 ing brush. starts Saturday with seminars at the Pope Jefferson County, and their ideas are questions puts that person into a day's- It's also a diverse place where many Marine Park Building downtown. intended to hit home. end prize , comp t,Prizesoinclude er- follcs embrace a lifestyle that treads more The main event starts at 9:30 a_ . `"This is local people helping local certificates, compost, books and ser- lightly on planet Earth. Sunday at Jefferson County Memorial people learn and change together,"said vices. That is the concept behind this week- Athletic Field.Along with grtat food and Judy Alexander, another steering corn- "EarthDay EveryDay!is an event for end's first-ever EarthDay EveryDay!cele- fine entertainment, there will be "how- mittee member."We'reworking together the whole family and for people from all mon• to"sessions about making your home to encourage shifts in behavior that, walks of life,"Alexander noted."Please "We want to help people learn how more eco-friendly, demonstrations of without support,can be hard to change." come leans about how you can make a they can make changes in their personal electric vehicle technology, and dis- Plus, there are prizes to be won! difference in your own life,and how that and professional lives every day of the plays from a variety of folks knowl- Everyone who enters the Memorial Field makes a difference for the Earth." Schedule Sunday, April 18 • Memorial Athletic Field ENTERTAINMENT 3-4 p.m. - Hugh Manatee, Raven PT Bicycling Association helps you of e ve n is 9:30-10:30 a.m. -Wake up to DJ from All My Relations design a great bike commute plan. Jeff Eicken and PT Dance Tomoki Sage,juggler on the field City's non-motorized transporta- Collective's world music vibe. tion advisory board offers its new Moriah Molin-Woolurie sings the Saturday, April 17 10:3411:30 a.m.-Blind Spot Dream Team song of sustainability biking&walking trail map for sale ' Band at the PT Bicycling Association rk Building to honor presidential candidate booth. � Marine `D� 11:30 a.m.-12:30 p.m. - Dennis Kucinich - the one who at'Clty Dock Cetecea with Joe Bridge & stands for peace and sustainability. Wallyworks organizes an electric = Lisa Argersinger Venita Robertson teaches the Elm car brigade,calling on local electric Dance as the dosingceremon vehicle owners to rally at Memorial 8:30-9 a m -Music by Joe Bridge,baked by12:341:30 p.m. - Rhythm Y• Field. Heliotrope Mirthful Baking Co., $ coffee by the Boiler Planet Band,a teenage rhythm Room. gfO1P EV Parts shares all things electric: v Y personal mobility scooters,electric 9 a.m.-1 p.m.-Main Street coordinates Earth Day ;� 23 p.m.-The Crownbicycles,golf carts&other forms of a r }f;R Hill Billies Band Street transport.'Gone Postal,'EV's new dean-up efforts around PT&Jefferson County. Farm pro- vides green electric racing postal van shown on Noon-1 p.m. - Sam Bryant of Sound .' e stagedecor. the Discovery Channel, will be on Biodiesel presents Biodiesel 101. } display. _ a a: s ils The Waste Warriors debut -. 1:30-4:30 p.m. - Draft preview of their festival r Sound Biodiesel Inc.&Sam Bryant erycling routine. Jefferson County Built Green -k:„. 1 „ present Biodiesel 101. Program. Hosted by WSU & k BADd Habit's EarthDay EveryDay! Imagine Energy's Morgan Jefferson County Health ,;< o HempT-shirtsorgy Roose,a Bainbridge Island biodiesel distrib- Department, members of the NW _te a a ., ,.° , '' Williwaw's bike sculpture by Scott utor,shares biodiesel info. EcoBuilding Guild, & the Built != Wilder Auto of Port Angeles displays ,�& Jester Green Steering Committee. The x.,. program's first half introduces 1' -,. '.' _. (Solar Motive is providing solar two varieties of hybrid vehicles. topics of site design,landscaping, ,.: " • power to the Entertainment Stage.) water reuse, irrigation, house sys- ,$ MC Electric Vehicle,a new Seattle terns, insulation, solar energy, _ - FOOD FAIR electric car company, offers a dis- design with reduced waste of Cape Clearer sustainably caught play&demonstration of new EVs. ,, r axi resources, indoor air quality&creat , wild Alaska salmon on the grill SUSTAINABLE AGRICULTURE ing a healthy home.The second half is it c $ espresso Local farmers Robert Greenway, for small group discussion of the drafty The Boiler Room:mobile components,followed by group reports&panel ;? : -`'t' &cart Neil Morelli,Tinker Cavallero rg discussion. • d ,� fk +` Heliotrope Mirthful Baking: whole &Neilrga Harrington presentGrowing Food Organically-local,hands-on ,r ,o grain organic goodies helpin growing 5-6 p.m. - Melinda Bower hosts an Eco-Party ,. 3„ , 9 9 great vegetables in where participants can learn simple lifestyle shifts r Fresh Press:hot soup,fresh juices, your own backyard. for ecologically sound home leaning&energy _ `m hot pressed sandwiches shares Producers with Sally Lovell conservation habits. { �ar`�' `. a game: Name Five Local s > fit` Leonard Johnson:locally harvested v ' ' oysters Farms/Farmers. 7-9 p.m.-Marc Weinblatt's Peace &Justice r , i,c I o ens Theater Ensemble presents "Paradise or *x° Dave Sheehan shares the varied TRANSPORTATION Prison, Being Young in Port Townsend,' an +:- ,,,,13.,41-,,,-.3^ e, stages of vermacomposting - in 've performance & community dialogue , .• `° , Jefferson Transit s kbus worms! a w our communitycan t-,„) transportation all weekend in better support its y ple. Tomokl Saye and his Juggling suss proves some of the free Jefferson County. At Memorial Discovery Bay Landscaping digs Field,it demonstrates how easy it is into soil chemistry. entertainment during EarthDay EveryDsyl Sunday In down- town Port Townsend. Photo by Patrick J.Sullivan to P�your bike on the bus. •Continued on Page 6• 5•'THIS WEEK:Arts tit Entertainment for April 14-20,2004 The Port Townsend&Jefferson County Leader 411- ' , , EarthDayEveryDay ! schedule of even s •Continued from Page 5• t:.: r� tt a R£ `, v -- Olympic Wild/Olympic Forest 6 e e •�q Coalition & Jefferson Land Trust :' '`' • • What's onT at Memorial Field 4 share table space&their collective FP-" K „ commitment to nature preservation. e�^ - �� sl WSU Cooperative F�tensiorVOlympic x,,,yip ._ e ". moo,,." . , X � -- '..- '' as' s Water Watchers offer watershed I s ._,-....1.7,,••;;; ;„,,;-4.-........'...� r ,yr/a z� 0A ' , , y'"a� education&rain barrel project. r ky1 "�=Igra'• ,—:`,,.7.-` a*+ m +,r )fry ¢ Tri . . ' ' `rte te, Karen Page's Landshapes shares ?a - t y "0y 'i $- ..:;.s..7.' ° ss meg ' 4rr'ge tips on green landscaping. • .,,, ' "� i . p' . -r- _"�.. ,� _ e *" z • Marine Resources Committee dis- o..,, t�g- ; .+/',.,,•"4,..1**' F F.•D AIR oot MAIII plays Olympic oyster restoration& ® , �: p� ._ yah,» eelgrass protection. a. KIDS' t' ]ATEeX744 w,� a k s'. „. ACTIVITIES b ���p��:���,�7� James Fritz supportLa toxic-chem- �" ligh tlil aligk r x cal-tree Jefferson County, free of _ . m a+•^` b', �� pesticides-herbicides&fertilizers. - �i i, .- 4. "� TRANSPORTATI•N """11.. : GREEN BUILDING �f:"-. y ,i ' . 0N- IELD Serendipity Farm will demonstrate -BUILDING : VEHICLE GATE •cob buildingtake home your own -- �_ - • cob. USTAINABLE +� i s AGRICULTURE -- _ 1I 11,�i - f Terra Sol Design & Buildingshows - hands-on buildingof straw bale . +,, -4t.''',7,.,...,'••• 'r' -c'• construction & structural insulated '' .r +. r bR�n J->.. r panel demo. M Mike Story demonstrates water _ _......._:,#.70:#,..-r.::,,,...„,,,.....,...., Jefferson County 4-H shares its seedling plugs for prizes, donated catchment options. 4y • 1' j ForestryProject. by WeHop. 5.55.5.55.1555". Blue Heron Construction demon- F ��•""r yw.._' r 0 .;::„,i:,.,.,'r i,. •t Port Townsend Peace Movement League of Women Voter egis- strates rastra block construction. %. b _� s. �µ has cooperative games including a ter voters & share info on Norma Davidson: Have the sun Q,. • it i. ' 7 rt parachute game and art-making how your elected officials ted on f ..*.:,-,---:;;‘'..:V.,7-..-:.;•.,.‘,,-,-__ • opportunities. specific issues. cook your food? Come see for ; -�:, s yourself:If we have sun,we'll have .. V,"t - ^te r Jolly Wahlstrom offers recycled The Wine Seller's Joe Euro plays cookies. r� a a fused glass art. spin the bottle,with candy kisses as Insulate Right & EfficiencyCo. i.'$^ tl§ prizes. 9 y.�, �" �� - tt . Port Townsend Friends Group explores insulation alternatives. = 1 ,„• � z= -rp / ® �''� (Quakers) offer a Peace on Earth Peace Mobile: All My Relations & y s � £ : may,,a.,- game using a roulette wheel that asks: Raven. Solar Motive's Kirk Dora shares Ea ` active&passive solar technologies. ;a,w. . . , ,Y ?ire war•is not the answer,what is?" Strengthening Neighborhoods: Light Zone's Unea Pay looks at full- The battery-powered Dynasty IT,made In Vancouver,B.C.,Is one of the eiec- Wild Olympic Salmon shares Neighbors from Middlepoint• spectrum lighting, tric vehicles to be displayed Sunday at Memorial Field as part of the salmon restoration work informa- Dundee Hill& North Beach neigh- EarthDay EveryDay)event. Photo courtesy of Steve Mayeda tion. borhoods share how investing in Power Trip Energy Corps' Andy knowing your neighbors makes sus- Cochrane has a solar energy infor- Solid Waste Advisory Committee What's your EQ?Take a short quiz Aric Spencer's somatic habitat- Cochrane lifestyle choices accessible mation booth& remote-controlled will show how to properly sort your by Val Jonstone to discover where restoration: Restore the ideal wild & easy (i.e., car sharing, coopera- solar car race for kids. recyclables,what is& isn't accept- you are on Mother Earth's scale of place that is you. Experience soma five gardening, sharing able. knowledge. bodywork and enjoy Earth Day tools/resources). Olympic Design Groups'Ann Raab connected and energized with & Vicki Beaver present a natural The Great Turning Roadshow is a Swan School students do a fuel cell open heart. Jefferson County Students Earth choices display of building materi- community-driven project to enliv- car demonstration. Day Poster competition entries dis- en dialogue leadingto culture The Dancing Doctor is in! Dr. at Pope Marine Park als,with a recycled game&nature 9 played Menzies Project offers hands-on Nirtana Goodman will be belly- Building challenge. change about lining more sustain ably on Earth.Visit the bus here for activities from its recreational,edu- dancing, adjusting and massaging Waste Not Want Not has a recycled EarthDay EveryDay! cationat and research cruises. fellow Earth inhabitants. All Radio Shack recycles used building materials display. dancers invited to join in. rechargeable batteries at the store BUILDING COMMUNITY Port Townsend EcoVillage invites all day&every day Housing Authority of JeffersonE you to learn more about living sus- Family of Life is a hands-on resource CCounty's Mutual Self-Help Self- • t''''',,-,,. tainably and cooperatively. center for gathering and sharing onn en Home Ownership 4, 9. skills, information and fun in meet- Sufficiency P Vigilance's Julie Geist & Kathleen ing more of our needs locally rogram offers an M&M Priority I €('' Puls ask participants to answer the game, providing an opportunity to i .... / _z — � " .• question: "What does Earth Day KIDS ACTIVITIES lid in home-building decision making. 1 .. t mean to you?" Answers will be North Olympic Salmon Coalition w !` published in the May issue of hosts salmon activities with Fin the Vorthwest Earth Institute (NWEI) 40 ay :ells cloth, reusable bags as an r $,:,:,..,•.-,rs• "�- t Vigilance. Giant Salmon rhernative to paper or plastic,with ,z: !.....,"#%'- i•- ,' NOHRN, PFLAG, BORDC all re- rfabric painting option to person- a t >- P Community members o nil } ) f sent Living Free, Living Fair, a dren'seco art ilize your own bag. NWEI also 4 x " hands-on education project on free tfferz a computer-assisted exercise - rh speech&civil rights. Hab tat For Humanity nas a ads o help determine your personal I' w ,..i.--'jt 'z t' Pg activity table.making a community ecological footprint • ,; �' i.ft _ ., Lee Katzenbach will give you a f t '444chance to draw a picture of your Henery's Garden Center supplies 'kl lobs Sharan from the Annapurna •�.._ - •%_ P f� `++.. ° Earth. kids with [heir own sunflower & :enter for Self Healing: "What in ', #� seed pot, & Greg Ballard ..ill be he world does a clean liver have to The Crown Hill Billies(Jon Hogan,Buddy Hefley,Glenn Thornton and Dave Peninsula Daily News has a Wheel there to show them how io with sustainability?" Sheehan)perform at EarlhDay EveryDay! Photo by Julia McHugh of Fortune Dame with seed oacks& • Wednesday,April 14,2004•A 3 • Dr. Locke is honored as healt care hero Dr.Tom Locke is a quiet leader pushed to expand the Jefferson On a statewide basis, he was in public health,said Don Sloma, County Board of Health that has the"brains"behind updating state policy coordinator for Washington become a potent voice in isolation and quarantine rules af- Health Foundation. healthcare issues.He has worked ter the terrorist attacks of Sept. 11. For its first leadership award hard to link the public Hospital He has helped set up health clin- for excellence in public health ser- District 2 Board of Commission- ics for Native American tribes in vice,the foundation—a nonprofit ers and the Jefferson Board of Clallam and Kitsap counties. He based in Seattle that is devoted to Health to tackle projects such as led the fight for named reporting improving healthcare in the state childbirth education, women's of HIV/AIDS, yet at the same — named the Jefferson and Clal- health and the fight against time, carefully protecting confi- lam counties'public health officer. bioterrorism. dentiality. He was nominated by Dr.Maxine "The combination of the two "Tom will raise issues that at Hayes,state health officer for the boards is unheard of in this state," times others might not be brave Washington State Board of Health said Jean Baldwin, director of enough to bring up," said Mary • and the Department of Health,as Jefferson County Health and Hu- Selecky, secretary of the Wash- well as members of the local board man Services. "Many communi- ington State Department of of health. ties are looking to see what we are Health."He is epitome of public "Tom sees the vision and the doing." health." • value of public health in rural ar- eas,giving unselfishly of his time, intelligence and himself," said Geoff Masci, long-term member of the Jefferson County Board of Health,in his nominating letter. Locke served as a consultant for Centers for Disease Control and as the govemor'sappointment to the state Board of Health, ad- vocating access for low-income residents to quality healthcare.He tt_ q_0 'per LLeLs_Q-1,- 4 , . Pie ninsulaN orthwest PENINSULA DAILY• • Health official dli we Tom Locke, 5 others to beBefore that, about transforming Clallam the Kansas County's health care initiative, ._ City, Kan., na- which Olympic Medical Center honored at state banquet tive earned his started,and the formation of an medical doctor access-to-health care group con- 4 degree at Uni- vened by the United Way of BY JEFF CHEW my aspiration." 1 versity of Clallam County. PENINSULA DAILY NEWS Besides the Lower Elwha '.,--Ai„ Kansas School WashingEon Health Founda- Klallams,Locke also helped the ;t of Medicine. Health-care access tion next week honors Clallam Jamestown S'Klallam tribe After he Access for low-income Med- develop its clinic. Dr. Locke joined Clallam and Jefferson County's public He worked with the James- County's pub- icaid patients and all Medicare health officer for his many town tribe from 1994 to 2000. lic health organization, he patients is being continually years of service. reduced, Locke said. This calls Dr Tom Locke,who has been Kl Most recently, Locke helped earned his master's degree in for more coordination and part- the Port Gamble S allam public health at the University Clallam County's health officer tribe in Kitsap County establish of Washington,and completed a nering between public and pri- since 1987 and Jefferson resident ublic health. vete health providers, he said. County's since 1996,will receive what he called an ambitious, Y in P "That's been a very long- the foundation's first leadershipaward-winning" clinic project. term concern," he said. Health-care partners Locke took a lead role with a in public health award. State health leader Washington Health Founda- Locke said he believes it coalition of supporters to con- tion. a nonprofit agency based Locke,52,is a member of the takes both private and private vince the Port Angeles City • in Seattle, will recognize Locke Washington state Board of health-care sectors "to make Council to approve fluoride for "excellence in public health Health, where he serves as vice for a healthy community." of city water. service" at its fifth annual chairman. His 10-year term public health officer on Most recently, he and the Heroes for Health Care Award ends in July 2005. the Peninsula, Locke said his county health department pro- Banquet on April 22 at the Red Gov. Gary Locke, during a biggest accomplishments have posed a smoking ban on county Lion Hotel in Seattle. visit to Port Angeles last year, been"trying to do as much as is property around the court- The foundation is devoted to honored Dr. Locke, no relation, possible in the broad range of house in Port Angeles. improving health care in the for his years service on the public health programs with In his role with the state state. North Olympic Peninsula. very limited resources. That's board of health, Locke led the Locke will be honored along The Washington Association the challenge of public health." fight for named reporting of with five other individuals and of Local Public Health Officials He said he has been espe- HIV/AIDS cases, a controver- organizations, including Ro- last summer gave him a leader- cially pleased with the expansial program that eventually taxies of Washington State for ship award. sion of the boards of health in was resolved with confidential- their leadership role in Rotary Locke oversees Health and both counties, most recently in ity carefully protected. International and major health Human Services operations at Clallam, where a new seven Mary Selecky, secretary of projects such as Polio Plus. the Clallam County Courthouse member board will begin meet the state Department of Locke will be cited for his three days a week. He serves ing in May. Health, praised his tireless work with local tribes in help- one day a week as Jefferson The Clallam County Board work to promote public health ing them establish community County health officer in Port of Health now is comprised of issues with the Washington clinics for their members. Townsend. the three county commission- State Medical Association. As its first medical director Locke had a private family ers,as was Jefferson's. Locke and his wife, Kristine. in 1986, Locke helped the practice in Clallam County Locke said he also is excited live south of Carlsborg. Lower Elwha Klallam tribe from 1982 to 1990. He closed it establish its first health clinic. in 1990 to dedicate his career to "When I moved here in public health. 1979,working with tribes really His first job was with the taught me a lot about public federal U.S. Public Health Ser- health, although I was really vice in the little town of Hurley, - focused on being a small-town Wis.,from 1976 to 1978.That is general practitioner," Locke where he first became inter- • said Tuesday. "That was always ested in public health,he said. • 'Disability . • Accessibility' local Civic leadersto test sidewalk access April 21 If you call the Port Townsend increase the community's sup- city manager on April 21,you'll port for an accessible Jefferson have to leave a message. County,and we want community If you call the Port Townsend decision makers to include acces- city attorney on April 21,you'll sibility in their deliberations." have to leave a message. Other participants in this Same with the mayor,the city year's Disability Event include — engineer and the city's plans ex- City Councilors Michelle aminer.They won't be in their of- Sandoval and Laurie Medlicott; flees. They will be out learning Port Townsend School District why disability accessibility mat- Superintendent Carol Andreasen; ters,as they participate in DASH's Curtis Stacey, Jefferson Transit (Disability Accessibility,Surveil- operations manager;Roy Walker, lance and Health)Second Annual executive director of the Olym- Disability Accessibility Event. pic Area Agency on Aging;hos- Along with half a dozen other pital district Commissioner Tony community leaders,the city officials DeLeo; and Superior Court will be learning that the physical Judge Craddock Verser. environment is far more important Among Jefferson County resi- • in determining accessibility than dents age 21 and older, 21 per- a person's physical limitations. cent, or about 4,300 people, Participants—some using wheel- report some type of disability. chairs, others "blind"— will be DASH is working to make sure ' evaluating the physical accessibil- people with'disabilities have op- ity of local businesses,galleries and portunities to participate in ev- offices, and assessing the city's ery aspect of community life streets,sidewalks and crosswalks, equal to those of people without They will be learning first- disabilities. The DASH Board hand why doors in public places shares a commitment to total ac- should have lever handles instead cessibility and to achieving a of knobs. Why door thresholds community environment that rec- need to be smooth rather than ognizes the importance of re- bumped or sloped.Why van-ac- moving barriers,noted Barnes. cessible parking spaces are so This year's event is sponsored large. Why sandwich boards by DASH, Jefferson Transit, ought to be uniformly, not ran= Jefferson General Hospital and domly,placed on the siidr $ik. Jefferson County.; -• "The point of the event is clear DASH is a community advo- and simple,"says Lesa Barnes, cacy project of the Olympic Area event coordinator. "We want to Agency on Aging in partnership with the Washington State Depart- ment of Health,with funding from the Centers for Disease Control& Prevention. Formed in 1999, DASH is working to make Jefferson County accessible for everyone. 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'O 600co'o " 8. td mG 1;', .� \1/ c � CC .01;', - .,„.>', F...,:-°-8 O�o6 s • .00 �o- ' 5 J• ON - a ,_>>-,-.5--) -"O MGbc.i Uf - O ' +' . gO Cr) 3.R" n • E >-"' >`-''—,..,--1-3— 61)-..%4 cuE g 71• -§-.2, ,,...-z II-.--,„.:— Fw 2 ra-2, • 72 2 O o G y c F s✓. 'I'') aU „y L n 3(i 3 3 f 2 k ,—n� Ca 0 5�L. a• yyOa` -• Tz� o ' o yea " Jy3 1471'''''''11 �1 c't r^� 4. I Tr y�3 7:^✓ - .. Y S-2 l 1) §° J � 7-'' .. 'l• G ,� 3-8...JE [, .T,7.; v NcE., E, m7" of Y X33 . . ` Shrinking• km g ba g health leaders t Jefferson agency "To find the money, some- Rodgers, R-Brinnon, and Dan thing's got to give." Titterness, R-Port Townsend, may face layoffs With county and city coffers suggested a complete merger of dwindling, some programs and city and county governments to as early as July services are going to be scaled eliminate service duplication. back,Masci said. Councilwoman Freida Fenn Lug Bots Health department funding said either the county or city was expected to last through could ask voters for a property PENINSULA DAILY NEWS the end of this year,said County tax increase. But, she added, PORT TOWNSEND — The Administrator David Gold- she didn't like the idea. smith. The city could gain about Jefferson County health department could be announc But $30,000 to $40,000 in $100,000 a year if it let the pub- ing staff layoffs in July if extra expected grants and federal lic utility district buy water, funding will no longer be com- PUD Commissioner David Sul- money isn't found to support the agency's programs,director ing in to the department, Gold- livan suggested. Jean Baldwin said Thursday. smith and Baldwin said. However, at this time the The announcement came For every$1 of local funding, city isn't assured water rights public health programs have in Quilcene, Masci said. And during an evening meeting at the hospital between 26 people received $6 of federal, state or Port Townsend can't sell water representing the Board of other funding, according to it doesn't own. Health,the Port Townsend City Baldwin and Locke. Jefferson County's fiscal Council, county government Now that money from the shortage isn't unique, Locke and the medical community. state and federal government is said. "Every county or Multi- . "Many programs that people ing up. county district is in as bad of a use every day that are prevent- One way to save money, as situation as we are — or - ing bad things in Jefferson suggested by Councilman Kees Worse," Locke said. "There are County will go away if we don't Kolff, would be to merge Jeffer- counties that will probably go find money for them," said Jef- son's health department with into bankruptcy in 2005." ferson and Clallam Counties Clallam County's — thus The City Council no doubt Health Officer Tom Locke. returning to a North Olympic will take up the issue of finding "Not only do we need ade- Peninsula health district, as it funds for the Health Depart- quate funding, but it must be was until the 1970s. ment at a future meeting, Kolff stable and predictable." County Commissioners Pat said. Jefferson County officials are asking the city of Port Townsend to pay a more pro- portionate share of the Health and Human Services budget— about $100,000 to $150,000 a year. But city officials say they are no better off for cash than the county is. "It's clear that none of us have the money," said City Councilman and Board of Health member Geoff Masci. 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C C -i t i ♦ Fy • L y • Port Townsend Si Jefferson County Leader Health programs face drastic cuts By Janet Huck Although city residents pay tenance and repair,Timmons in- 1,it must reduce maternal health Leader Staff Writer county taxes, many more Port dicated. nurses and programs.Those pro- Townsend residents use the "The bottom line is the real- grams strengthen families Should the City of Port health department, so Health ity that the city has limited abil- through home and office visits, Townsend cut services or raise Department Director Jean ity to assume yet another county screen all newborn infants for taxes to support Jefferson County Baldwin calculated that the city service funding obligation," possible conditions, give Health and Human Services?Or underpaid by$130,000.Using a Timmons wrote in a memo to the breastfeeding consultation and should Jefferson County govern- second formula based on as- City Council. offer Best Beginnings.This ma- ment? sessed property value, Baldwin Councilor Geoff Masci was terntysupportprogram includes At a special county Board of proposedp that the city's unfunded more colorful."The only way to intensive home visits for first- Health meeting April 15,the two share is$149,000. • keep a nurse is to fire a[county] time moms and has proven over local governments discussed how However, City Manager planner,"he said. the health department could lose David Timmons pointed out that Councilor Freida Fenn children,reducedelinquency �usc school as much as$150,000 of its bud- the health services are legally summed up the dilemma with a achievement and decrease more get in 2005. The state govern- mandated to the county,not the sharply drawn list of possible out-of-wedlock babies. ment has cut back health funding, city.The city could elect to sup- options. Jefferson County and "I need to know if I should and the county government,fac- port county services under an Clallam County health depart- send out lay-off notices," said ing a possible budget shortfall of interlocal agreement,as it did in ments could merge.The county Baldwin. $200,000, is looking for a part- supporting a health study. Yet could raise taxes to cover the If$150,000 is cut from the ner to share health expenses. Timmons said that total revenue budget shortfall.The city could health budget, Dr. Tom Locke, "We are funded with property from property taxes has grown in raise taxes and give some to the the county health officer,said it • tax,which is capped at 1 percent the county from$7.9 million in county. Everyone could lobby means there would be no corn- increase,"said County Adminis- 1999 to$9.5 million in 2004.The Olympia for long-term solutions. municable disease prevention trator David Goldsmith. The city's same revenue has grown "It's bluntly obvious we hae programs at a time that measles same limitation applies to the only $200,000. The city also a problem now,"Fenn said. and tuberculosis are making a city, and both agencies have faces a budget shortfall when tak- Indeed, if the health depart- comeback. "banked capacity"to raise addi- ing into consideration money ment doesn't receive a commit- The meeting ended with no tional tax revenues. needed for infrastructure main- ment of at least$40,000,by July decisions being made. • • City, co u n merger seen • as hard sell Proponents say during a commissioners meeting Monday. proposal based "It's going to be a very difficult political decision, but the payoff is very high." on economicsRodgers and fellow Commissioner Dan Titterness, R-Port Townsend, suggested combining city and county BY JIM MANDERS governments into a single metropol- PENINSULA DAILY NEWS itan unit during a meeting Thurs- Combining county and city gov- day. ernments might make perfect eco- The two talked Monday about the nolaicsense. response they heard about the idea since a report on the consolidation But accomplishing the change will be a difficult sell, said the two idea appeared in Sunday s Peninsula Jefferson County commissioners Daily News. who have suggested the merger idea. Merging operations could save money to both cash-strapped agen- "People will imagine the worst cies,they said. possible motivations," Commis- - sioner Pat Rodgers, R-Brinnon, said TURN TO MERGER/A4 11111 Merger: Economic good CONTINUED FROM Al - Al Frank, a former Porte Townsend city councilman City leaders,including City who is often critical of officials Councilman Kees Kolff, were „ t ?`,.; in city and county govern- cool to the idea last Thursday �""` ^� ment,praised the merger idea Since the newspaper report , there continues to be a great 11/ during Monday's commission- deal of skepticism that the �' ers meeting. merger could take place, but "It's a legitimate option," no one said it was a bad idea - f ` Frank said."There ought to be Titterness said. a proposal osal before the end of p "Every person I talked to Titterness Rodgers the year for voters." recognized the economic bene- He also suggested that the fits, but many of them were their jobs and their interests." discussions of a metropolitan skeptical,"he said. Keeping politics out of the government could include process will be imperative, he input from citizens about Election this year? said. what they want government to While Titterness pushed 'This has got to be a bi- do for them. moving the idea along quickly partisan thing." Rodgers said putting city City-county governments so city. and county residents and county budgets side-by- could vote on consolidation side and showing the benefi- Although unusual, corn- before the end of the year, cial economics might be a good bined city-county govern- Rodgers said he didn't think argument for consolidation. ments are spotted across the that could be done. County Administrator United States — although "There needs to be a whole David Goldsmith,who is retir- none is in Washington. lot of process before this gets ing in late June,said making a Los Alamos County, N.M., to a ballot," Rodgers corn- cost-benefit analysis of corn- has a seven-member council mented. bined services might advanta- which presides over the "I worked years to corn- geous. county and communities of bine the Brinnon and Quil- Los Alamos and White Rock. • cene school districts, and it Politics of consolidation And in the nation's most still hasn't happened." 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H PieninsulaN orthwest0 `I'tll_+RsuAY,AP/UL 29,2004 Al PT considers bw oes Council raps county board's l N' "Who's driving this train? .„,,, unease over funding outlook ' This could have been avoided a long time ago." � ''*6.-.' ,� � ""1k:3' MICHELLE SANDOVAL BY JIM HANDERS seemed to bother City Council PENINSULA DAILY NEWS members Monday night. • + 4, Port Townsend councilwoman Councilman Geoff Masci �' PORT TOWNSEND — Nosaid Goldsmith's presentation ' ` bers will paid$500 a month,or one was seriously injured, but reminded him of Chicken Lit- % 1 $6,000 a year. some feelings might have beentie's theory that the sky is Masci Sandoval Goldsmith said the differ- bruised when the projected falling. effect someone's sacred cow," ence in earnings is because county and city budgets He also chastised one Gold- Goldsmith added. commissioners work full-time crashed head-on in a prover- smith scenario that showedwhile a council members work bial train wreck during a City Councilwoman Michelle part-time. Council meeting. the county could realize a one- Sandoval was also critical. The train wreck term has time savings of$450,000 if it "Who's driving this train?" didn't fund local public health Sandoval said the county's Higher costs,lower revenue been used by city and county. fora ear. y officials to describe what will y dire budget prediction. Port Townsend Finance happen to their cash-strapped «may is the health depart- "This could have been Director Michael Legarsky budgets when expenses exceed ment singled out to be taking avoided a long time ago." told council members that the revenues in both jurisdictions. hits,"Masci asked."How come Sandoval also pointed out city is facing a situation simi- (budget cuts)never come from the difference in salaries lar to the county's because of • County. Administrator ?" y the commissioners'side. between commissioners and risingcosts and decliningDavid Goldsmith has been rev- telling the county's budget 4Grossly unfair'Option city council members, saying enues. story to area chambers of com- the county's budget "is top- He said his projections have merce and other groups for He termed the scenario heavy" with administrators' the city spending reserve about.two months, explaining "grossly unfair" and said gov- salaries. funds to balance the budget in how expenses are outgaining ernments need to be talking Commissioners are paid 2006. revenues by about 2 percent a about services people need between $54,701.32 to "I didn't want to get up year. rather than cuts. $61,566.71 annually according here either," Legarsky said, Goldsmith's projection is "I'm the last one to take the to the county's 2004 budget. noting the reception Gold- that the county will have to bottle out of the baby's Four of the council mem- smith received. start dipping into reserve mouth," Goldsmith responded hers currently receive $375 a "This is a heads-up for funds in the next few years to to a Masci comment that it is month and the other two $250 what the city manager and pay for the ever-growing "a mortal sin" to be taking a month—$4,500 and $3,000 you all have to face." expenses. away programs that provide annually,respectively. City Manager David Tim- The administrator, who is milk for nursing mothers. The mayor is paid $750 a mons said flat revenue has retiring at the end of June,has Goldsmith promised that month,or$9,000 annually. been hurting the city. offered a number of scenarios funding for local public health The difference in pay rates "We need to work as a team that might forestall the or parks and recreation won't is due to state law that pre- to avoid our train wreck," county's train wreck at least be eliminated. vents raises from taking place Timmons said. for a couple of years. "I could show 500 scenar- until after an election. In Jan- It was those scenarios that ios, and all of them would uary 2006, all council mem- • A 8•Wednesday,May 5,2004 Students suspended for taking caffeine s By Janet Huck pension. memory,and diminishes the per Leader Staff Writer Some parents of the sus- formance of manual tasks involy- pended students protested that ing muscular coordination. Several Blue Heron Middle the pills weren't any worse than Doses from 250 to 750 milli- School students were suspended gulping five cans of soda. grams, or two to seven cups of recently for taking over-the- "They could take them and coffee or NoDoz pills, can pro- counter-caffeine pills during have strong medical conse- duce restlessness,nausea,head- school hours. quences,"countered Jones."The aches, tense muscles, sleep "Some kids took the pills on pills could also interact with disturbances and irregular heart- someone's word that it was just other medication and have ad- beats. Doses above 750 milli- a caffeine pill,"said Dana Jones, verse effects." grams can generate anxiety co-principal. "That's scary." Some Blue Heron students attacks, delirium, ringing ears Even though caffeine is not a reported they could tell who took and light flashes. controlled drug, Washington the caffeine pills because they "It's a question of excess use," state law prohibits students from couldn't keep their feet still. said Dick Gunderson,substance 110 taking any over-the-counter Caffeine does temporarily abuse coordinator for Jefferson medication in public school with- combat symptoms of fatigue and County Health and Human Re- out a doctor's prescription.Even sluggishness, but it also causes sources, who has a double late Tylenol requires a doctor's note. irritation,headaches and depres- most mornings, "I have a fear The students who took the pills sion.According to a Georgetown these kids might be using it as a during school hours were sus- University website, it decreases gateway drug. What we should pended for one day,but the stu- reaction time to visual and audi- be looking at is what motivated dent who allegedly handed out tory stimuli, doesn't increase them to take it, what they were the pills was given a longer sus- arithmetic skills or short-term trying to get to or away from.We need to do an adequate job on prevention." Jones said the school is going to send a letter to students'fami- lies about the use and abuse of caffeine pills. School officials intend to ask Port Townsend Po- lice School Resource Officer Troy Surber to talk with students about the issue. A6 THURSDAY,MAY 6,2004 I HospitalsIIIplan disaster• drill for next week Jefferson GeneralReal patients visiting the hospital on May 13 will see to participate in nurses in respiratory masks and gowns in the emergency - 90-minute effort room, and volunteers wearing yellow respiratory masks wait- BY JIM HANDERS ing outside the Sheridan PENINSULA DAILY NEWS entrance waiting to be exam- ined xam fined before being admitted Jefferson General Hospital to the hospital. employees will join several other Western Washington Drill demo today hospitals May 13 in a drill that. Employees and officials at will involve multiple disaster the Port Townsend-based hos- scenarios. pital will take part in the high The drill, which is expected contagious disease portion of to last about 90 minutes, the drill. won't cause any disruptions in It will actually start today service for patients with med- when a drill memo from the IIII ical needs, Jefferson hospital state Department of Health officials said Wednesday. warns that a SARS outbreak Signs will also tell patients has been reported in Vancou- that the people wearing respi- ver, British Columbia. rator masks are taking part in At the start of the drill May a drill. 13, six patients with respira- The disaster scenarios tory symptoms and elevated include a suspected outbreak temperatures will come to the of the SARS (severe acute res- hospital emergency room. ' piratory syndrome) virus, an "This drill is special explosion at Everett Naval because we will be interacting Station and explosions in two with the military and other trucks carrying anhydrous Western Washington hospitals ammonia on Interstate 5. by amateur radio," said Rena "This (drill) will be great Sleight,safety officer at Jeffer- for the hospital," said Shan- son General. non Cook, a registered nurse "We will test our communi- in Jefferson's acute care unit cation and quarantine capabil- 1 and a member of the hospital's ities in an atmosphere where i Emergency Management we are at capacity, and Har- Team. borview and Virginia Mason "This drill will leave the (medical centers)are tending hospital better prepared to to mass casualties from simu- respond to real disasters." lated explosions." • A4 FRIDAY, MAY 7, 2004 • Hood .woes l .� n ed to sew a e Stud Su "It's not looking good." scarce,Fagergren said. Y ggests Scientists should be seeing Some forms of sea life are septic leakage the highest level of dissolved more sensitive to the low oxy- oxygen in the water around this gen than others. time of year. Instead, tests are As oxygen levels go down, - limits oxygen finding the levels already low, deepwater animals move to he said. shallower depths to breathe, BY LUKE Getchell said. BOGUES — PENINSULA DAILY News Jefferson shoreline healthy Some species die when they The good news is that Hood aren't able to find oxygen fast BRINNON — Sixty percent Canal is still healthy off Jeffer- enough,she said. of the human-caused low oxy- son County's shoreline,he said. Those that do find oxygen gen problem in Hood Canal can "The problem gets worse the are out of their natural element be traced to sewage, a study further south and east you go," and place themselves at risk to released Thursday shows. Fagergren said Thursday. be hunted by predators or Between 39 and 241 tons of `All of the water from Hood- caught by fishermen,she said. nitrogen are leaked into the sport to Belfair is in that low waterway from septic systems dissolved oxygen wedge of Five other causes bordering it each year. water. The extra nitrogen causesAside from human waste, aae to grow. When "Toward Belfair is the the report identifies five other blooms algae and grow. Whn worst." man-caused agents causing low thet robs dies and decomposes,of dissolved Belfair, in unincorporated oxygen levels. They are: • oxygen — choking fish, Mason County at the southern- ■Nitrogen from agricultural crus- taceans and other marine life. most tip of Hood Canal, has manure, which represents 14 An assessment of the low grown significantly in recent percent of the problem. years. ■ The dumping of chum oxygen issue and ways to fix the The result has been a two- salmon carcasses, which repre- rportuble are oby the utlin state Pu in a ew t pronged problem in the south- sents 13 percent of the problem. g ernmost portion of the 60-mile- II Storm water runoff, 11 Sound Action Team and the long waterway,Fagergren said. Council.Canal Coordinating Without a sewage treatment percent;wastewater systems,rom s,2 The $25,000 state-funded system, nitrogen leaking from percent; and forestry activities, report and analysis a availableseptic systems has become a 1 percent; are also cited as con- online at www. is a.gou/ larger problem as the area tributing factors. Programs/hood—canal.htm. grows. Some efforts are already Then there is nature's role: under way,particularly in mon- Marine life choked southern Hood Canal is prone itoring septic system leakage, to low oxygen levels because of Getchell said. When marine life can't find poor circulation. In the fall, the action team oxygen,the result can be devas- It takes between months and will offer about $600,000 in tating, action team spokes- a full year for the water of Hood state and federal fundingto woman Mary Getchell said Canal to completely flush out assist communities along ood Thursday. into Admiralty Inlet,Fagergren Canal to take steps toward Last June, an estimated improving dissolved oxygen 50,000 dead perch washed up els. lev- on a quarter-mile stretch of Bangor oxygen levels beach near Potlatch. The actual cost to solve the The east such h. kill had Oxygen levels near the problem is anticipated to be suba- much hi occurred about a decade prior. rine base balvy'slat 1Bangor,e directly Getchell saidr than $600,000, Low oxygen levels in Hood east of Brinnon, are at a Action needs to be taken Canal have particularly become healthy level, he said. before the problem gets worse, a problem in the past five years. The lack of dissolved oxygen she said. This year may end up being is most prevalent at the deepest "We would hope that we're a worse year than last, said portions. Down to about 50 at a point that we can make 411 Duane Fagergren, action team feet, most of the water in Hood these changes," she said. "It special projects director. Canalreport has plenty of oxygen,the will take lots of public support. "We're below where we were says. "In many cases it will take a year ago," he said. Past 60 feet,oxygen becomes large amounts of money." AB TUESDAY,MAY 11,2004 Peninsulallorthwest i Agencies want aid, not rules Groups say Hood Canal doesn't "" in a plant is festive in filtering sewage. . seen as a Another contributing fac- need more laws to boost health good way of tor pointed out in the study treating the is the amount of chum car- :,:!".„ nitrogen casses being dumped in the BY JIM MANDERs sewage is generated from problem,it's PENINSULA DAILY NEWS septic systems along the �,; not cost- canal and how much comes - effective Another factor Government agencies thatfrom outside sources and 5 ' unless the took part in a study of low flows in the body of water plant serves Commissioner Glen Hunt- dissolved oxygen in Hood that starts north of the Hood Rodgers a large num- ingford,R-Chimacum,won- Canal don't want to have to Canal Bridge and ends at ber of people. dered if seals were also implement regulations to Potlatch,a few miles north of Rodgers,a Republican, adding the problem.He said reduce the problem that is Shelton. suggested that the state a seal turns 4 percent of its being blamed for diminished should relax rules to take body weight into waste its health in the body of water 60 miles long care of the problem. Huntingford raed that aily. that borders Jefferson, "Not for more intensive Mason and Kitsap counties. Hood Canal is approxi- growth,"Rodgers said. shellfish beds in Quilcene "They are looking for mately 60 miles long and has Mason County officials, Bay were reopened several ways to improve the situation 180 miles of shoreline. according to Christensen,are years ago after docks were without regulations,"said County Commissioner Pat considering treatment plants removed,causing 400 seals to David Christensen,Jefferson Rodgers,who lives on the in Hoodsport and Belfair. leave. County's natural resources canal in Brinnon,said the Although not incorporated "I think seals come in division manager who problem is made worse by as a city,the Belfair area has play just as much as the e worked with the Hood Canal state growth management experienced a population sasses,"Huntingford said. Coordinating Council for sev- rules that prevent construc- surge over the past few years. Next steps will be a model- eral months during the for- tion of sewage treatment Rodgers said lots along the in of the canal to get a bet mation of the study. plants outside urban growth canal are mostly small,which g That study,released last boundaries for fear that means there isn't enough soil ter picture of what causes the week, showed that increased growth might be encouraged. to efficiently clean sewage. high nitrogen levels. levels of nitrogen were being Christensen said the ques- Christensen agreed,saying Nitrogen turns into plank- caused by human sewage. tion asked by the state is, the lots are not only small ton,which steals oxygen from Christensen said there is a "Are you promoting urban- and near the water but-that the water when it sinks and great deal of uncertainty style growth?" they are built on fill,which is decomposes,according to about how much of the Although treating sewage often more porous and inef- Christensen. • Fay leaving county health deparetment By Barney Burke Recently,Fay has been draft- Leader Staff Writer ing revisions to county ordi- nances concerning animals, Jefferson County Environ- abandoned vehicles and similar mental Health Director Larry nuisance issues. The Board of Fay announced this week that Commissioners has requested he has accepted a position in proposals to make county ordi- King County's environmental nances more effective in dealing _health department as a division with situations such as a continu- manager. ing problem with rats and accu- Fay, 49, has been with the mulated junk at a residential county for 14 years.Natural Re- property near the Port Townsend sources Division Manager Dave city limits. Christensen will be the county's Fay said his biggest accom- acting environmental health di- plishment here was assembling rector, County Administrator a team of skilled employees, David Goldsmith said May 11. whom he will miss. • A -0V • • V � a • Z E N 6 N r.J D v xi m cn . cn WO 5 -17 0 Co Cr • S � m D � m 4 _ p� °r I- a) m 'ern 1 r —Iz 0 = v Cr o n O m J z/ fD -s Z al tii cn Ii C m