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HomeMy WebLinkAbout2008- January File Copy • Jefferson County Board of 3-CeaCth .agenda .AVL mutes January 17, 2008 S • JEFFERSON COUNTY BOARD OF HEALTH Thursday,January 17,2008 Main Conference Room Jefferson County Public Health 2:30—4:30 PM DRAFTAGENDA I. Approval of Agenda II. 2008 Election of Board of Health Chair and Vice Chair III. Approval of Minutes of December 20,2007 Board of Health Meeting IV. Public Comments V. Old Business and Informational Items 1. Letter to Board re: Port Townsend Paper Company Mill Emissions 2. 2008 Budget Follow-up • 3. Update on Royer Group Study on Health District Feasibility VI. New Business 1. Public Hearing: Jefferson County Septic Code 8.15: Proposed changes regarding Operation and Maintenance Plan Implementation. 2. Public Hearing: Proposed Fee Schedule Changes 3. New State Funding Authorized by E2SSB 5930 (Governor's Blue Ribbon Commission on Health Care Reform) 4. School Based Clinic Proposal and Application Process 5. Solid Waste Tonnage Annual Report 6. Jefferson County Public Health Staffing Updates VII. Activity Update VIII. Agenda Planning IX. Next Scheduled Meeting: February 21,2008 2:30 PM--4:30 PM Main Conference Room Jefferson County Public Health 1 , i JEFFERSON COUNTY BOARDOF O HEALTH MINUTES � a Thursday, December 20, 2007 Board Members: Staff Members: Phil Johnson—County Commissioner District#1 Thomas Locke,MD,Health Officer David Sullivan—Couny Commissioner District#2 Jean Baldwin,Public Health Services Director John Austin, Vice Chairman—County Commissioner Distract#3 Julia Danskin,Nursing Programs Director Jill Buhler—Hospital Commissioner District#2 Geoff Masci—Port Townsend COI Council Sheila Westerman— Citizen at Large(Cit') Roberta Frissell, Chair—Citi,en at Large(Count') Meeting was called to order at 2:30 pm on December 20, 2007 by Chair Frissell in the conference room of Jefferson County Public Health. Members present: Chair Frissell, Member Austin, Member Johnson, Member Westerman and Member Buhler. . Members absent: Member Sullivan and Member Masci. Staff present: Dr. Thomas Locke, Jean Baldwin, Julia Danskin,Neil Harrington and Cathy Avery. A quorum was present. APPROVAL OF AGENDA Board Member Buhler moved to approve the agenda as written. Member Johnson seconded the motion,which carried by a unanimous vote. Member Austin suggested adding staff to the attendance list. APPROVAL OF MINUTES Board Member Buhler motioned to approve the minutes of October 18,2007 as written. Board Member Austin seconded the motion,which carried by a unanimous vote. PUBLIC COMMENTS Community member, Steve Evans, addressed the Board regarding the petition of the Port Townsend Paper Corporation, which referenced the economic contributions the mill makes to the community. He and several acquaintances in the community feel that their health has been negatively affected by the mill's airborne discharges. He noted that there • are laws that relate to pollution in this county and these laws are there for a reason. He also stated that those who are having their health affected by the mills plume are not Jefferson County Board of Health,December 20,2007 Page 1 of 8 automatically trying to deprive people of their jobs. He hopes that jobs and a healthy • environment can co-exist. Jerome Schnell, community member, said that before he moved to PT he was aware of the existence of the paper mill but was assured by a real estate agent that he would not have to worry about emissions due to the location of his home. But it has affected his wife's health. About three years ago when the emissions were bad, he contacted the paper mill via their website for comments and discovered that his emails were not being read. He and neighbors formed a concerned citizens group and contacted the County Commissioners to express their concern. He remains concerned and says that technology is available to reduce emissions to a safer level. OLD BUSINESS Region 2 Public Health Newsletter Dr. Locke referenced the quarterly regional newsletter and stated that its primary audience is healthcare providers. The cover photo is of a mass vaccination exercise that occurred in Sequim. Last weekend there was a mass vaccination exercise in Jefferson County using the nasal influenza spray for kids. Also included in the publication are the regional communicable disease statistics. Tire Pile Cleanup Jean Baldwin reported that the Department of Ecology spent$64,206 on tire clean up in • Jefferson County. 242 tons of tires were removed from three sites. There are several more sites pending cleanup plans. Jean reported that the solid waste team is currently working 70 active cases. Port Ludlow Yacht Club Women's Group Gift Julia Danskin reported that Jefferson County Public Health received an additional contribution from the Port Ludlow Yacht Club Women's Group in the amount of $644.90, which comes from the ongoing sale of their cookbook, "A Culinary Cruise with the Port Ludlow Yacht Club". These funds will be used for the Breast and Cervical Health Program providing exams and mammograms to women in the county. Port Townsend Paper Corporation Employee Petition Response Jean Baldwin referenced the letter in the packet concerning the response to the petition from the Port Townsend Paper Corporation employee's petition. Jean said there is a discussion going on right now with the Department of Ecology (DOE), Department of Health(DOH) and the Port Townsend Paper Mill regarding the Mill's permit. Two sets of petitions have been forwarded to DOE and DOH. On December 11, 2007, DOH met with Port Townsend Paper Mill officials. DOH sent Jefferson County Public Health a draft health assessment for review and comment. Dr. Locke noted that extensive comments were made on the DOH's draft. Our regional Epidemiologist, Siri Kirschner, went over the numbers and made recommendations regarding statistical analysis. The timeframe for the completion of the report is undetermined or how they plan to release the document to the public but JCPH will be involved in the process. Jefferson County Board of Health,December 20,2007 Page 2 of 8 • Dr. Locke pointed out that the local BOH is the appropriate arena for discussion of community health concerns, but the BOH has no authority to regulate industrial air pollution. It is exclusively a state and federal authority. He reviewed the regulatory process. Clean Air standards are set by the Federal Government and enforced by the EPA (and, within Washington State, by DOE). DOH works under a contract with the federal government with the Agency for Toxic Substances and Disease Registry to perform community health assessment relating to air pollution and other potential toxic exposures. Currently, there is insufficient data to make any kind of determinations of community health impact from Mill emissions. Performing health impact studies of air pollution is a very expensive and time consuming process. Dr. Locke recommended that the current community focus should be on appropriate monitoring to determine the specific chemicals that are being emitted by the PT Mill and whether these emissions exceed legally permitted levels. If the mill is exceeding legal standards there is a clear cut remedy that can be rapidly implemented. Substance Abuse Advisory Board Minutes Jean Baldwin reported that the Substance Abuse Advisory Board minutes will now be included in the BOH packet and will be posted on Jefferson County Public Health's web page. Methicillin Resistant Staph Aureus (MRSA) Press Release Dr. Locke stated that he and Dr. Scott Lindquist met with the school superintendents regarding concerns about potential MRSA transmission in the schools. JCPH and Kitsap Health District will continue to work with the schools around facility cleaning and maintenance, standardization of policies and prevention of communicable disease transmission. Dr. Locke said he and Dr. Lindquist made specific recommendations to the schools. MRSA transmission in schools is rare, however, and this and other antibiotic resistant infections are a problem throughout the community. The most deadly form of MRSA is the type associated with health care facilities healthcare associated MRSA. Another type, known as Community-associated MRSA, has been a growing problem in non-health care facilities but is easier to treat than its hospital associated counterpart. This issue was widely publicized in Washington state. The governor has asked the Secretary of Health to intiate a voluntary system for hospital reporting of MRSA cases and a science panel is working on specific MRSA-related recommendations. Dr. Locke went on to say that colonization by MRSA is relatively common. 25-30% of people carry Staph Aureus bacteria on their skin at any given time. About 1% of the population appears to be colonized with MRSA. Most of these people never have any symptoms or problems caused by these colonizing bacteria. When problems do occur they are usually mild skin and soft tissue infections that are readily treatable. • Jefferson County Board of Health,December 20,2007 Page 3 of 8 Budget: • Chair Frissell asked Jean about JCPH budget. Jean said the budget was released and adopted. In the final budget there is a$100,000 reduction in County funding for JCPH. There will be an update in January. NEW BUSINESS Olympic Area Agency on Aging: Victoria House and Long-Term Care Roy Walker, Director of Olympic Area Agency on Aging (03A) spoke to the Board regarding long term care access in Jefferson County. 03A is a four county council of governments. There are over 650 Area Agencies on Aging across the country, 13 of which are in Washington State. He spoke briefly about the planning and service coordination, federal and state funds available to conduct planning activity needs of older people in Washington and younger adults with disabilities. 03A is also involved in `in- home care' under the Medicaid system. 03A sponsors the long-term care Ombudsman program,which consists of a core of volunteers who go to residential facilities on a regular basis and respond to residents concerns about those facilities. 70-80%of long- term care (LTC) in this country is provided by family members or friends. In Washington work has been done to provide a variety of service options outside of nursing homes. High quality nursing homes are needed in our community but not as replacement for paid LTC. Adult family homes and boarding homes are a growing option. Victoria Home and Seaport Landing are assisted living facilities. They are licensed as , boarding homes with DOH and receive an assisted living contract through DSHS in order to receive payment under the Medicaid program. Assisted living is not a licensure issue, it is a contract issue. And the only entities that can receive those contracts are entities that are licensed as boarding homes. Jefferson County has one nursing home, two assisted living facilities (one of which, Victoria House, is ending their Medicaid contract), and two adult family homes, neither of which accept Medicaid as a payment source. 03A provides support for over 170 in-home care Medicaid clients. Jefferson County has one of the highest percentages of people 65 or older in the nation. Jefferson County will continue to need a strong focus on a variety of LTC options in order to continue to be responsive in needs of older people. Because of the need vs. the availability of LTC access in Jefferson County it is not uncommon for residents needing LTC services to have to leave the area to receive residential care. By doing so, the client will likely loose the daily contact they once had with friends and family at home, which is a significant issues and impacts their quality of life. The current supply of LTC options does not meet the existing need. Victoria House is not an isolated incident. There has been discussion whether or not Medicaid rates were adequate to keep assisted living facilities viable. There has been a lot of advocacy around that issue. The Governor's proposed budget that came out yesterday shows a projected increase in the rates for Medicaid payments to nursing homes. Assisted living is a different service format than nursing homes, in that it provides more of a social model or • home life environment. Jefferson County Board of Health,December 20,2007 Page 4 of 8 • Mr. Walker spoke about the development of a new service delivery model, which was borrowed from Oregon's work on improving assisted living. One of the key issues is the use of nurse delegation and how it relates to the nurse practice act. In Washington, the nurse practice act was amended to provide flexibility in providing services by someone who isn't a RN or LPN. Jean Baldwin commented that this was a healthcare access issue and impacts us all. She noted that there were legislative things that we need to pay attention to. Boards of Health have traditionally not paid attention to aging issues but yet this is aging and disability and we are uniquely placed to have it be a bigger problem in Jefferson County. Member Westerman expressed her concern about the media coverage and the potential it has on the public perceptions of blame for facilities like Victoria House when Medicaid does not pay enough to take care the residents in that setting. Appointment of Substance Abuse Advisory Board Members Member Austin reported that he and Jean Baldwin interviewed two applicants for the Substance Abuse Advisory Board. They met with Frances Joswick, recently retired who has moved here from Maui where she has extensive experience working with chemical dependency treatment programs. Also interviewed was Nichole Black, who is getting her Masters Degree in public IIIadministration. Elizabeth Harmon, who currently sits on the Substance Abuse Advisory Board, submitted her letter of intent for reappointment. Both Jean and Member Austin expressed their enthusiasm for all of the applicants. Member Austin moved to accept the three applicants for membership. Member Buhler seconded the motion,which passed by unanimous vote. Jefferson County Septic Code 8.15: Pre-adoption briefing on proposed changes regarding Operation and Monitoring Plan Implementation Neil Harrington, JCPH Water Quality Program Manager, walked the Board through the new changes to the Jefferson County Septic Code 8.15. The majority of changes have to do with the addition of the Operation and Monitoring Program for septic systems administered through JCPH. Jefferson County PUD #1, which has been doing O&M for many years, is opting out of this service as of January 1, 2008. As a result of state regulatory changes, JCPH code will need to change to reflect the increase of monitoring requirements for most systems. A homeowner with a septic system will get a notice that states they are now required to have their on-site sewage system checked and maintained every 1-3 years (depending on the system type). The roll out will begin with PUD customers first and then progress to the rest of the county as we obtain information on 1111 their systems. Jefferson County Board of Health,December 20,2007 Page 5 of 8 The homeowner has four options: hire an independent O&M Specialist each time an • inspection is needed, sign a 5-year contract with an O&M Specialist, become certified to monitor their own septic system, or stay with PUD. Most PUD contracts don't contain an opt-out clause, as a result PUD has raised their fee from $50 to $200, which will probably be more than most O&M Specialists will charge. With these changes to the code, there were additions/changes to some of the definitions. Some of the code was clarified during the recent review process. Pieces of policy were brought in where it wasn't specifically spelled out in code. Neil pointed out that homeowners will need a certificate for each system they own. For instance, a homeowner operator certificate allows the certificate holder to inspect one OSS serving the property that he/she owns regardless of the quantity of properties owned. Neil briefed the Board on the process of applying for the Homeowner Operator Certificate. Neil asked for the Board's guidance on how to handle the rental or multiple property owners in regards to operation and maintenance requirements. There is always a question about stewardship when dealing with rental properties. Neil walked the Board through the process of professional O&M inspection and required criteria. Member Buhler inquired why a homeowner who is qualified or certified to look at their own system must get a homeowner operator certificate for each system. There were discussions regarding ways to handle owner operators who are out of compliance. There were questions raised about other counties our size and the percentage of II homeowners who monitor their system. Jean said other counties who require homeowners to maintain contracts with private vendors spend a lot to employee time, court time and money on enforcement. We have a number of citizens who prefer we not enter their property. We still want to make sure that their system is not failing. This is an opt-out program with some enforcement. Initially, it is likely that 200+homeowners will sign up to do their own monitoring but as time passes we expect to see less homeowner operators. By letting people opt-out we are promoting compliance with the new rules and at the point of sale of the property it is all documented. Jean gave a quick overview of the process and tracking when an owner contracts with an O&M vendor. The vendor will do the inspection and file electronically. Currently the county has seven 0 &M Specialists and one company that has bid for 4000 systems. Triggering a professional O&M inspection and JCPH Policy 04-01 was discussed. Inquires were made regarding the point at which a septic inspection is needed. It was pointed out that at the time you do substantial remodeling that increases occupancy or water use. The other important rationale for this is when people do expansions, it is important to determine where their drainfield is located so building is not done over the drainfield or the drainfield's reserve area. A building permit would also trigger an inspection. • Jefferson County Board of Health,December 20,2007 Page 6 of 8 Susan Porto, Environmental Health Specialist, commented that JCPH's intent is to put together informational handouts so that new requirements and their public health rationale are clear to the public. Jean added that enforcement issues are similar to all of the other enforcement codes now within Environmental Health. There was discussion about the State definition of surface water. Concerns were expressed regarding the broad language. Dr. Locke stated that it was written specifically to allow reasonable judgment on the part of those enforcing the code. Discussion resulted in the proposal that draft language be developed to allow one class one certificate per system with the certificate being valid for 3 years at the cost of$98 per homeowner certification. It was decided that these two options would be presented for discussion at the public hearing. Member Westerman moved to hold a public hearing on revisions to the Septic Code 8.15 at the next Board of Health meeting January 17, 2008. Chair Frissell seconded the motion,which carried by unanimous vote. Member Austin moved to discuss amending the fee schedule to include certain fees • as a result of revisions to the Septic Code 8.15 at the public hearing at the next Board of Health meeting on January 17, 2008. Member Johnson seconded the motion, which carried by unanimous vote. 2007 Hood Canal Environmental Achievement Award—JCPH Neil Harrington told the Board that JCPH was awarded the 2007 Hood Canal Coordinating Council Environmental Achievement Award. This award was presented to JCPH for work being done on clean water projects in Hood Canal, acquisitions along the Dosewallips River, salmon restoration, shellfish protection and solid waste disposal. Green Business Award: Blue Heron Middle School Blue Heron Middle School was presented with the Green Business Award for their efforts to reduce waste, save energy, reduce water use, and increase recycling. ACTIVITY UPDATE Jean Baldwin reported that The Royers Groups will be setting up a series of interviews as they enter the second phase of their feasibility study and will be contacting members of the Board. Member Austin told the Board that he was a member of the State Board of Health and asked the members to let him know if there was a topic of interest they would like to hear • about. He said that the State Board of Health will be meeting in Jefferson County in November 2008. Jefferson County Board of Health,December 20,2007 Page 7 of 8 • Neil reported that JCPH received a grant from Department of Ecology in the amount of $30,000 to study the county's lakes. This funding will allow better characterization of seasonal variations in cyanobacteria toxin levels and hopefully guide remedial actions if problems are found. AGENDA PLANNING None Meeting was adjourned at 4:35 p.m. Next Board of Health meeting is January 17, 2008 JEFFERSON COUNTY BOARD OF HEALTH 11111 Roberta Frissell, Chair Sheila Westerman, Member Excused John Austin, Vice Chair Geoff Masci, Member Excused Jill Buhler, Member David Sullivan, Member Phil Johnson, Member • Jefferson County Board of Health,December 20,2007 Page 8 of 8 • JEFFERSON COUNTY BOARD OF HEALTH MINUTES Thursday, December 20, 2007 Board Members: Staff Members: Phil Johnson— County Commissioner District#1 Thomas Locke,MD,Health Officer David Sullivan—County Commissioner District#2 Jean Baldwin,Public Health Services Director John Austin, Vice Chairman—County Commissioner District#3 Julia Danskin,Nursing Programs Director Jill Buhler—Hospital Commissioner District#2 Geoff Masci—Port Townsend City Council Sheila Westerman—Citizen at Large(City) Roberta Frissell, Chair—Citizen at Large(County) Meeting was called to order at 2:30 pm on December 20, 2007 by Chair Frissell in the conference room of Jefferson County Public Health. Members present: Chair Frissell, Member Austin, Member Johnson, Member Westerman and Member Buhler. • Members absent: Member Sullivan and Member Masci. Staff present: Dr. Thomas Locke, Jean Baldwin, Julia Danskin,Neil Harrington and Cathy Avery. A quorum was present. APPROVAL OF AGENDA Board Member Buhler moved to approve the agenda as written. Member Johnson seconded the motion,which carried by a unanimous vote. Member Austin suggested adding staff to the attendance list. APPROVAL OF MINUTES Board Member Buhler motioned to approve the minutes of October 18,2007 as written. Board Member Austin seconded the motion,which carried by a unanimous vote. PUBLIC COMMENTS Community member, Steve Evans, addressed the Board regarding the petition of the Port Townsend Paper Corporation, which referenced the economic contributions the mill makes to the community. He and several acquaintances in the community feel that their health has been negatively affected by the mill's airborne discharges. He noted that there • are laws that relate to pollution in this county and these laws are there for a reason. He also stated that those who are having their health affected by the mills plume are not Jefferson County Board of Health,December 20,2007 Page 1 of 8 a automatically trying to deprive people of their jobs. He hopes that jobs and a healthy • environment can co-exist. Jerome Schnell, community member, said that before he moved to PT he was aware of the existence of the paper mill but was assured by a real estate agent that he would not have to worry about emissions due to the location of his home. But it has affected his wife's health. About three years ago when the emissions were bad, he contacted the paper mill via their website for comments and discovered that his emails were not being read. He and neighbors formed a concerned citizens group and contacted the County Commissioners to express their concern. He remains concerned and says that technology is available to reduce emissions to a safer level. OLD BUSINESS Region 2 Public Health Newsletter Dr. Locke referenced the quarterly regional newsletter and stated that its primary audience is healthcare providers. The cover photo is of a mass vaccination exercise that occurred in Sequim. Last weekend there was a mass vaccination exercise in Jefferson County using the nasal influenza spray for kids. Also included in the publication are the regional communicable disease statistics. Tire Pile Cleanup Jean Baldwin reported that the Department of Ecology spent$64,206 on tire clean up in • Jefferson County. 242 tons of tires were removed from three sites. There are several more sites pending cleanup plans. Jean reported that the solid waste team is currently working 70 active cases. Port Ludlow Yacht Club Women's Group Gift Julia Danskin reported that Jefferson County Public Health received an additional contribution from the Port Ludlow Yacht Club Women's Group in the amount of $644.90, which comes from the ongoing sale of their cookbook, "A Culinary Cruise with the Port Ludlow Yacht Club". These funds will be used for the Breast and Cervical Health Program providing exams and mammograms to women in the county. Port Townsend Paper Corporation Employee Petition Response Jean Baldwin referenced the letter in the packet concerning the response to the petition from the Port Townsend Paper Corporation employee's petition. Jean said there is a discussion going on right now with the Department of Ecology (DOE), Department of Health(DOH) and the Port Townsend Paper Mill regarding the Mill's permit. Two sets of petitions have been forwarded to DOE and DOH. On December 11, 2007, DOH met with Port Townsend Paper Mill officials. DOH sent Jefferson County Public Health a draft health assessment for review and comment. Dr. Locke noted that extensive comments were made on the DOH's draft. Our regional Epidemiologist, Siri Kirschner, went over the numbers and made recommendations regarding statistical analysis. The timeframe for the completion of the report is undetermined or how they plan to • release the document to the public but JCPH will be involved in the process. Jefferson County Board of Health,December 20,2007 Page 2 of 8 • Dr. Locke pointed out that the local BOH is the appropriate arena for discussion of community health concerns, but the BOH has no authority to regulate industrial air pollution. It is exclusively a state and federal authority. He reviewed the regulatory process. Clean Air standards are set by the Federal Government and enforced by the EPA (and, within Washington State, by DOE). DOH works under a contract with the federal government with the Agency for Toxic Substances and Disease Registry to perform community health assessment relating to air pollution and other potential toxic exposures. Currently,there is insufficient data to make any kind of determinations of community health impact from Mill emissions. Performing health impact studies of air pollution is a very expensive and time consuming process. Dr. Locke recommended that the current community focus should be on appropriate monitoring to determine the specific chemicals that are being emitted by the PT Mill and whether these emissions exceed legally permitted levels. If the mill is exceeding legal standards there is a clear cut remedy that can be rapidly implemented. Substance Abuse Advisory Board Minutes Jean Baldwin reported that the Substance Abuse Advisory Board minutes will now be included in the BOH packet and will be posted on Jefferson County Public Health's web page. Methicillin Resistant Staph Aureus (MRSA) Press Release III Dr. Locke stated that he and Dr. Scott Lindquist met with the school superintendents regarding concerns about potential MRSA transmission in the schools. JCPH and Kitsap Health District will continue to work with the schools around facility cleaning and maintenance, standardization of policies and prevention of communicable disease transmission. Dr. Locke said he and Dr. Lindquist made specific recommendations to the schools. MRSA transmission in schools is rare, however, and this and other antibiotic resistant infections are a problem throughout the community. The most deadly form of MRSA is the type associated with health care facilities healthcare associated MRSA. Another type, known as Community-associated MRSA,has been a growing problem in non-health care facilities but is easier to treat than its hospital associated counterpart. This issue was widely publicized in Washington state. The governor has asked the Secretary of Health to intiate a voluntary system for hospital reporting of MRSA cases and a science panel is working on specific MRSA-related recommendations. Dr. Locke went on to say that colonization by MRSA is relatively common. 25-30% of people carry Staph Aureus bacteria on their skin at any given time. About 1%of the population appears to be colonized with MRSA. Most of these people never have any symptoms or problems caused by these colonizing bacteria. When problems do occur they are usually mild skin and soft tissue infections that are readily treatable. III Jefferson County Board of Health,December 20,2007 Page 3 of 8 Budget: . Chair Frissell asked Jean about JCPH budget. Jean said the budget was released and adopted. In the final budget there is a$100,000 reduction in County funding for JCPH. There will be an update in January. NEW BUSINESS Olympic Area Agency on Aging: Victoria House and Long-Term Care Roy Walker, Director of Olympic Area Agency on Aging (O3A) spoke to the Board regarding long term care access in Jefferson County. O3A is a four county council of governments. There are over 650 Area Agencies on Aging across the country, 13 of which are in Washington State. He spoke briefly about the planning and service coordination, federal and state funds available to conduct planning activity needs of older people in Washington and younger adults with disabilities. O3A is also involved in `in- home care' under the Medicaid system. O3A sponsors the long-term care Ombudsman program, which consists of a core of volunteers who go to residential facilities on a regular basis and respond to residents concerns about those facilities. 70-80% of long- term care (LTC) in this country is provided by family members or friends. In Washington work has been done to provide a variety of service options outside of nursing homes. High quality nursing homes are needed in our community but not as replacement for paid LTC. Adult family homes and boarding homes are a growing option. Victoria Home and Seaport Landing are assisted living facilities. They are licensed as • boarding homes with DOH and receive an assisted living contract through DSHS in order to receive payment under the Medicaid program. Assisted living is not a licensure issue, it is a contract issue. And the only entities that can receive those contracts are entities that are licensed as boarding homes. Jefferson County has one nursing home, two assisted living facilities (one of which, Victoria House, is ending their Medicaid contract), and two adult family homes, neither of which accept Medicaid as a payment source. O3A provides support for over 170 in-home care Medicaid clients. Jefferson County has one of the highest percentages of people 65 or older in the nation. Jefferson County will continue to need a strong focus on a variety of LTC options in order to continue to be responsive in needs of older people. Because of the need vs. the availability of LTC access in Jefferson County it is not uncommon for residents needing LTC services to have to leave the area to receive residential care. By doing so, the client will likely loose the daily contact they once had with friends and family at home, which is a significant issues and impacts their quality of life. The current supply of LTC options does not meet the existing need. Victoria House is not an isolated incident. There has been discussion whether or not Medicaid rates were adequate to keep assisted living facilities viable. There has been a lot of advocacy around that issue. The Governor's proposed budget that came out yesterday shows a projected increase in the rates for Medicaid payments to nursing homes. Assisted living is a different service format than nursing homes, in that it provides more of a social model or home life environment. Jefferson County Board of Health,December 20,2007 Page 4 of 8 • Mr. Walker spoke about the development of a new service delivery model, which was borrowed from Oregon's work on improving assisted living. One of the key issues is the use of nurse delegation and how it relates to the nurse practice act. In Washington, the nurse practice act was amended to provide flexibility in providing services by someone who isn't a RN or LPN. Jean Baldwin commented that this was a healthcare access issue and impacts us all. She noted that there were legislative things that we need to pay attention to. Boards of Health have traditionally not paid attention to aging issues but yet this is aging and disability and we are uniquely placed to have it be a bigger problem in Jefferson County. Member Westerman expressed her concern about the media coverage and the potential it has on the public perceptions of blame for facilities like Victoria House when Medicaid does not pay enough to take care the residents in that setting. Appointment of Substance Abuse Advisory Board Members Member Austin reported that he and Jean Baldwin interviewed two applicants for the Substance Abuse Advisory Board. They met with Frances Joswick, recently retired who has moved here from Maui where she has extensive experience working with chemical dependency treatment programs. Also interviewed was Nichole Black, who is getting her Masters Degree in public • administration. Elizabeth Harmon, who currently sits on the Substance Abuse Advisory Board, submitted her letter of intent for reappointment. Both Jean and Member Austin expressed their enthusiasm for all of the applicants. Member Austin moved to accept the three applicants for membership. Member Buhler seconded the motion,which passed by unanimous vote. Jefferson County Septic Code 8.15: Pre-adoption briefing on proposed changes regarding Operation and Monitoring Plan Implementation Neil Harrington, JCPH Water Quality Program Manager, walked the Board through the new changes to the Jefferson County Septic Code 8.15. The majority of changes have to do with the addition of the Operation and Monitoring Program for septic systems administered through JCPH. Jefferson County PUD #1, which has been doing O&M for many years, is opting out of this service as of January 1, 2008. As a result of state regulatory changes, JCPH code will need to change to reflect the increase of monitoring requirements for most systems. A homeowner with a septic system will get a notice that states they are now required to have their on-site sewage system checked and maintained every 1-3 years (depending on the system type). The roll out will begin with PUD customers first and then progress to the rest of the county as we obtain information on • their systems. Jefferson County Board of Health,December 20,2007 Page 5 of 8 The homeowner has four options: hire an independent O&M Specialist each time an • inspection is needed, sign a 5-year contract with an O&M Specialist, become certified to monitor their own septic system, or stay with PUD. Most PUD contracts don't contain an opt-out clause, as a result PUD has raised their fee from$50 to $200, which will probably be more than most O&M Specialists will charge. With these changes to the code, there were additions/changes to some of the definitions. Some of the code was clarified during the recent review process. Pieces of policy were brought in where it wasn't specifically spelled out in code. Neil pointed out that homeowners will need a certificate for each system they own. For instance, a homeowner operator certificate allows the certificate holder to inspect one OSS serving the property that he/she owns regardless of the quantity of properties owned. Neil briefed the Board on the process of applying for the Homeowner Operator Certificate. Neil asked for the Board's guidance on how to handle the rental or multiple property owners in regards to operation and maintenance requirements. There is always a question about stewardship when dealing with rental properties.Neil walked the Board through the process of professional O&M inspection and required criteria. Member Buhler inquired why a homeowner who is qualified or certified to look at their own system must get a homeowner operator certificate for each system. There were discussions regarding ways to handle owner operators who are out of compliance. There were questions raised about other counties our size and the percentage of • homeowners who monitor their system. Jean said other counties who require homeowners to maintain contracts with private vendors spend a lot to employee time, court time and money on enforcement. We have a number of citizens who prefer we not enter their property. We still want to make sure that their system is not failing. This is an opt-out program with some enforcement. Initially, it is likely that 200+homeowners will sign up to do their own monitoring but as time passes we expect to see less homeowner operators. By letting people opt-out we are promoting compliance with the new rules and at the point of sale of the property it is all documented. Jean gave a quick overview of the process and tracking when an owner contracts with an O&M vendor. The vendor will do the inspection and file electronically. Currently the county has seven 0 &M Specialists and one company that has bid for 4000 systems. Triggering a professional O&M inspection and JCPH Policy 04-01 was discussed. Inquires were made regarding the point at which a septic inspection is needed. It was pointed out that at the time you do substantial remodeling that increases occupancy or water use. The other important rationale for this is when people do expansions, it is important to determine where their drainfield is located so building is not done over the drainfield or the drainfield's reserve area. A building permit would also trigger an inspection. Jefferson County Board of Health,December 20,2007 Page 6 of 8 40 Susan Porto, Environmental Health Specialist, commented that JCPH's intent is to put together informational handouts so that new requirements and their public health rationale are clear to the public. Jean added that enforcement issues are similar to all of the other enforcement codes now within Environmental Health. There was discussion about the State definition of surface water. Concerns were expressed regarding the broad language. Dr. Locke stated that it was written specifically to allow reasonable judgment on the part of those enforcing the code. Discussion resulted in the proposal that draft language be developed to allow one class one certificate per system with the certificate being valid for 3 years at the cost of$98 per homeowner certification. It was decided that these two options would be presented for discussion at the public hearing. Member Westerman moved to hold a public hearing on revisions to the Septic Code 8.15 at the next Board of Health meeting January 17,2008. Chair Frissell seconded the motion,which carried by unanimous vote. Member Austin moved to discuss amending the fee schedule to include certain fees ias a result of revisions to the Septic Code 8.15 at the public hearing at the next Board of Health meeting on January 17,2008. Member Johnson seconded the motion,which carried by unanimous vote. 2007 Hood Canal Environmental Achievement Award—JCPH Neil Harrington told the Board that JCPH was awarded the 2007 Hood Canal Coordinating Council Environmental Achievement Award. This award was presented to JCPH for work being done on clean water projects in Hood Canal, acquisitions along the Dosewallips River, salmon restoration, shellfish protection and solid waste disposal. Green Business Award: Blue Heron Middle School Blue Heron Middle School was presented with the Green Business Award for their efforts to reduce waste, save energy, reduce water use, and increase recycling. ACTIVITY UPDATE Jean Baldwin reported that The Royers Groups will be setting up a series of interviews as they enter the second phase of their feasibility study and will be contacting members of the Board. Member Austin told the Board that he was a member of the State Board of Health and asked the members to let him know if there was a topic of interest they would like to hear • about. He said that the State Board of Health will be meeting in Jefferson County in November 2008. Jefferson County Board of Health,December 20,2007 Page 7 of 8 Neil reported that JCPH received a grant from Department of Ecology in the amount of • $30,000 to study the county's lakes. This funding will allow better characterization of seasonal variations in cyanobacteria toxin levels and hopefully guide remedial actions if problems are found. AGENDA PLANNING None Meeting was adjourned at 4:35 p.m. Next Board of Health meeting is January 17,2008 JEFFERSON COUNTY BOARD OF HEALTH 4110 /effie*-1j, ) A t Roberta Frissell, Chair Sheila Westerman, Member n3E\ Excused Jo Austin, Vice Chair Geoff Masci, Member Excused not available for signature Jill Buhler, Member David Sullivan, Member 7 5 Phil Johns` 1, Member • Jefferson County Board of Health,December 20,2007 Page 8 of 8 • Board of Health 0C Business Agenda Items # `V., 1 Letter to Board re: S Port �otivnsend Paper Company NlilCEmissions January 17, 2008 • • To: Members of the Jefferson County Board of Health Roberta Frissell, John Austin,Phil Johnson, David Sullivan, Geof Masci, Jill Buhler, Sheila Westerman Staff,Jefferson County Public Health n, �� tei Tom Locke, Jean Baldwin, Mike McNickle, Julia Danskin From: Cindy Buxton, previous resident of Port Townsend Re: Your Response to Mill Emission Complaints Date: December 28, 2007 It is my understanding that your agency has been trying to determine how to handle citizen concerns over health impacts from the mill's emissions. My health was severely damaged one night when emissions could be smelled in my house. The first time it happened, my son,daughter, myself,two neighbors all got very,very sick. There were a number of other complaints made to Ecology and the mill about that night. My • daughter and I, who slept upstairs, both have developed a chemical sensitivity. Mine became so severe that I am now being forced to live as a recluse. I am now impacted any time I pass a car on a road, anytime I go into a building with new carpets,propane appliances,new furniture, mold, etc.. I cannot go into my children's school. I cannot travel anymore, which severely limits my ability to work in my profession. Due to the severe restrictions of travel near a road, I can barely live independently. On a second night when emission were severe, I was so immediately impacted that the next morning we abandoned our home in Port Townsend and lived in a series of temporary housing situations for 4 months with our two children while I went to specialists in Seattle. We were forced to pull our kids out of school as we were moving around too much. (Temporary housing is very expensive) After that we spent six months living in an unfinished cabin with no running water in Alaska. It was removed from a road. When it became too cold to heat, we had to move again, but with chemical sensitivities so severe, it is very difficult to find a place to rent or buy or housesit. My children have been traumatized, I have lost my ability to support myself, and I commonly suffer from pain when I can't avoid exposure. I currently spend less than 10 minutes a day away from my home. I only go to town when my husband is out of town and can't do the grocery shopping or take the kids to school. I am 44 and had normal health and a very active life before that first night over a year ago. Luckily my husband was out of town that night. My daughter luckily was not as severely impacted, however had a nasty cough of great concern to the doctors. Eight months later it disappeared. The cough recently returned after an exposure to diesel fumes. My son, who • slept downstairs vomited violently for several hours until the morning breezes blew away the 30.1firq. emissions from near the house. As far as we know he did not have any long termzsroyeampi Healtr, although he does have asthma now. After many months of researching, I believe that over exposure to H2S may have been responsible. It appears that my body can no longer use oxygen on a cellular level. I get out of breath with physical activity as minimal as walking around the house or doing dishes. Prior to that night I was climbing 1500' ft peaks and going on long all day hikes. Now climbing a flight of stairs leaves me gasping for breath. A doctor measured my heart rate at 160 after going slowly up 1 flight of stairs. I now know that there is a treatment for acute H2S poisoning. However I was never able to find a doctor who knew how to treat toxic exposures. I spent over$15000 in doctor's bills, seeing pulminologists,heart specialists, internists, Chinese doctors, acupuncturists, etc. They all were treating me under the assumption of acute environmental exposure, but I could not even give them a list of chemicals that I may have been exposed to (Ecology refused to tell me anything about what happened at the mill that night). None had ever dealt with such exposures. I believe that it is vital that your health department put together information about how to recognize and treat acute and chronic exposures to common mill toxins. If the PT doctors I went to knew how to treat me immediately after the exposure, I may not be facing a lifetime disability. (There is a treatment for H2S exposure,but it must be • administered immediately). The research is too complicated for each doctor to do themselves. I believe it is your duty and within your regulatory guidelines to create informational packet for doctors about these chemicals and possible treatment protocols. You have a position of authority. Such information needs to come from you. You have an opportunity to help. I also believe that you must do a full health survey. I have received so many emails from people telling me how they also got sick, but many have no money for doctors or choose alternative care. Their symptoms do not fall under the reportable categories even if they were under the care of a regular physician. I truly believe that there is a very serious problem. I have heard or read stories of vomiting,heart palpitations, severe respiratory issues. I had a friend telling me that all her respiratory issues disappeared while she was in LA and returned even before she got back to her house in PT. Quite a few people told me their symptoms go away when they leave town for a few days. I don't believe that anyone could hear all these stories and claim everything was fine. Why would all these people lie? Why are they so sure it is due to the mill...because they notice that the symptoms are worse when they can smell the mill or they notice their symptoms go away when they go to other cities. Other towns have car exhaust and wood smoke, so that is not the cause. I urge you to get involved. The citizens need your help. I have read the Department of Ecology's internal emails and reports. They are not going to deal with this problem. Instead • of dealing with the problems they are trying to frame it as a wood smoke problem or even as a tidal flat problem. In one report they suggest that wood smoke from a particular house on J street, '/2 mile from my house on Woodland Avenue, across the valley and prevailing wind directions might have caused the "odor" complaints from my house. I can assure you that I know what wood smoke smells like and acts like. It is not dense, filling up a house from bottom to top and it is not invisible and does not smell like the mill. Clearly Ecology will go to great lengths to pretend that there is no problem. By the time you get this you will be aware that the PCHB firmly rebuked Ecology and remanded the permit back to them to be rewritten. They report that they are disturbed that Ecology granted the mill permission to use an alternate monitoring system that EPA had already ruled on and said was illegal. They also rebuked Ecology for withholding information from the PCHB (the information that while Ecology was demanding that our case be dismissed from lack of merit, that EPA had found the permit so deficient that they requested it be reopened. ) Please don't let what happened to me and my children happen to someone else. My health condition has totally devastated my life. My doctors give me little hope of recovery. There is no treatment other than extreme isolation. I find myself wishing I had developed cancer instead, where I could at least be sick in the presence of friends in my own home. Instead I have to consider myself lucky to find anyplace to live that doesn't make me sick. I dread a life of dependence, but now I have no choice. • I would appreciate a response to my request for action. Sincerely, Cindy Buxton P.O. 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CL,. .2 7.1, „,a9 .°6:-. 0 ac CL) 78 cn O va) cn 0 "0 0 mai o cA czt Gt E o a2.o b� �ao C4-80 o..o b" _u sa. ° ,.. 'c7°) o A V 0 u En � 0 E 3 0 b a,0 El.) E N 0 a oo cN� _N . x doo °0 1.)bp m0 ' boai •. 3 ti yas 3 1:1-= 0.a) > ° ° °Y •_ ."L • Q >, � � a) cd o .-Ci O4:0 '' °' c yo .r N •r0 > Y U " CC te c.� ° C1 8 QQCyL 1 * tio � OG ° O v «S L � N � G g bb O N i •'" „,yA hcV '�fl 4 tr9 • n OmO aos YV Oi_p 8 — . O nz a) Iii ai a > O - a) d ed a> a = d a fl t,oo o . v 0 � O O a+i eOC to a 'r' ° Yn 741 8 te ° �N � x 'r•, p • 8 -C ai b ao O ,-=', v O N . rn I ¢ E 0 L a = O ° ° toH � O O v O vW to �.4 r4 4ac, ¢ -g 0 E r a 0 s. • Board of Health Netiv Business .agenda Item # TI., 1 Pu6Cic .fearing: • Jefferson County Septic Code 8.15: Proposed Changes Regarding Operation & Maintenance Plan Implementation January 17, 2008 1 • Option 1: Allows property owners to inspect all OSS serving property they own,including rental properties. Option 2: Allows property owners to inspect any OSS of which they are a resident owner ("a person who owns and occupies, or intends to occupy, a property.") Option 3: Similar to #2, but limited to only one OSS serving the primary residence. Option 4: Similar to #1,with a limit of three OSS. Allows inspection of rental properties. NB:A person can be a "resident owner"of multiple OSS—house,ADU, vacation/secondary home, businesses—as long as they aren't renting them out. Matrix showing which septic systems a Homeowner Operator can inspect under the various code options For a septic system serving: 1 2 3 4 primary residence of owner X X X X secondary/vacation residence of owner X X X rental property X X property owned by a friend or family member a food-service establishment both owner's house and a rental ADU on one septic system X X X X rental ADU on separate system from the house X X ADU on separate system from the house,but the ADU is used by the X X X owners and not rented out. commercial property owned and occupied by same person X X X • multiple commercial buildings, one of which is occupied by property X X X owner commercial property where the property-owner owns land,building, and X X septic,but sells ownership of the business itself Maximum number of OSS one person may inspect no funct'l 1 3 limit limit Notes and Clarifications: • In all cases,we have very limited ability to audit Homeowner Operators. We can ensure that they submit inspection reports, but we cannot tell if the information in the report is accurate without a time-consuming field audit (repeating the inspection using JCPH staff). If an inspection report is in error or deliberately falsified,we are not likely to know. • In the rare case that we discover unmistakable evidence of falsified reports,it will be straightforward to revoke a Homeowner Operator certificate. In most cases, and in all cases of error/incompetence, it will be a much longer and more difficult process to build a case for revocation. Declining to renew a certificate will require the same standard of proof. • A new professional O&M Specialist (or someone new to our county and our way of doing things) gets a lot of feedback from JCPH on their inspection reports—about one-quarter of their reports prompt a call from JCPH. This feedback provides an informal training that significantly improves the quality of O&M inspections. A Homeowner Operator submits far • fewer reports and will take decades to go through a similar"training" period. • Septic systems are the only part of the house with required regular O&M—because they are vital • to protecting the public health,welfare,and safety. Protecting a monetary investment is secondary. Regular inspections help ensure that problems or maintenance needs are detected promptly. If issues are undetected or ignored, this could lead to system failure and contaminate surface or groundwater. o The Homeowner Operator option may encourage people to start O&M inspections sooner than waiting for a legal requirement to kick in. o A Homeowner Operator may not detect all the issues that a professional inspector would notice, or may downplay their severity (possibly unconsciously) to avoid repair costs. • The installation portion of the code allows resident owners to install their own septic system only if it serves their primary residence. They are limited to installing one system per calendar year. Option 3 most closely parallels that for O&M inspections. • When resident owners install their own septic system instead of using a licensed installer, the designer and JCPH are both inspecting the progress throughout to help ensure success. In contrast, there will not be a similar safety net for homeowner O&M inspections. • Options 2 and 3 limit people to inspecting septic systems where they will live with the results of their work. • Options 1 and 4 allow landlords to inspect septic systems on rental properties. This raises the following issues: o The renters using the septic system do not have a vested interest in protecting it the way a resident owner would. o The renters have not received the Homeowner Operator training and may not know how to use a septic system properly. • o Landlords often maintain their rental properties to different standards than they do their own homes. In cases of"affordable housing" rentals, prices are often held down by performing only the minimum possible maintenance. o Without a professional inspection, there is no independent third-party verification of a system's operating status. If a septic system fails and the landlord and tenants end up in a legal dispute,JCPH is likely to get dragged into it. We will have no proof one way or the other that the landlord's inspection reports are an accurate and honest assessment of the system. o If a landlord inspector fails to notice and correct problems, and this leads to premature septic failure, this could pose a health risk to the tenants (e.g. surfacing sewage, backup into the house). • Option 1 would allow a landlord to inspect an unlimited number of systems. We have already heard from one interested landlord who might be performing over a dozen inspections a year. Option 4 would prevent landlords from developing this sort of a"sideline business" by capping an individual at three septic systems. • c DRAFT i Jefferson County Septic Code 8.15 JCC 8.15.010 AUTHORITY/SCOPE Pursuant to RCW 70.05 and RCW 43.20, the Jefferson County Board of Health is charged with the duty of protecting the public health and safety of all inhabitants of Jefferson County, and enacting such rules and regulations as are necessary in order to carry out these responsibilities and provide for the enforcement thereof. The provisions of this regulation shall apply to all territory within the boundaries of Jefferson County, and to all on-site sewage systems located therein, whether or not a permit was issued for their construction. JCC 8.15.020 PURPOSE The purpose of these regulations is to assure protection of public health by: (1) Minimizing the public health effects of on-site sewage systems on surface water and ground water; (2) Minimizing the potential for public exposure to sewage; (3) Establishing design, installation and management requirements for on-site sewage systems to accommodate long-term treatment and disposal of sewage; • (4) Enhancing protection of critical areas within Jefferson County; and (5) Compliance with the intent of Chapter 246-272A, WAC JCC 8.15.030 ADOPTION BY REFERENCE Washington Administrative Code Chapter, 246-272A On-site Sewage Systems Rules and Regulations of the State Board of Health, and all policies signed by the Jefferson County Board of Health, as now or hereafter amended, are hereby adopted by reference as Rules and Regulations of the Jefferson County Board of Health. JCC 8.15.040 ADMINISTRATION The Jefferson County Health Officer, through authority delegated by the Jefferson County Board of Health, shall administer these regulations. The County Health Officer may appoint designees to administer and enforce these regulations. Fees may be charged for this administration. JCC 8.15.050 DEFINITIONS In addition to those definitions set forth in WAC Chapter 246-272A the following . definitions shall also apply in this regulation: JC Code 8.15 revised 2007 page 1 of 53 DRAFT Accessory Dwelling Unit: An additional dwelling unit either in or added to an existing • single-family detached dwelling, or in a separate accessory structure on the same property as the main structure, for use as a complete, independent living facility with provisions within the accessory dwelling unit for cooking, eating, sanitation, and sleeping. Such a dwelling shall be considered an accessory use of the main dwelling and be clearly subordinate to the main dwelling. Certification: A certificate granted by the Health Officer permitting a person to practice in the field of sewage disposal as a Homeowner Operator, Operation and Monitoring Specialist, Installer, or Pumper of onsite sewage systems. Chain of Custody: A procedure to ensure that samples have been in the possession of, or secured by, an authorized person at all times from sample collection to receipt by the laboratory. The procedure includes: 1. Obtaining the sample by Health Officer or designee with owner or owner representative present. 2. Assignment of sample ID number. 3. Labeling/tagging the sample container with assigned number and location taken. 4. Documentation by authorized sampler of date and location of samples taken. 5. Delivery by secured means to the certified laboratory. Community On-site Sewage System: Any on-site sewage system designed to serve • two (2) or more independent stand-alone dwelling units with design flows of up to 3,500 gallons per day. An OSS serving only one single-family residence plus one accessory dwelling unit is not considered a community on-site sewage system. Commercial On-site Sewage System: Any nonresidential or combined residential/nonresidential on-site sewage system with a design flow of up to 3,500 gallons per day. Critical areas: Geologically hazardous areas, frequently flooded areas, critical aquifer recharge areas, wetlands, and fish and wildlife habitat conservation areas, all as defined through WAC 356-190 as "critical areas" and regulated in Jefferson County Chapter 18.15 as adopted or hereinafter amended. Department: The Washington State Department of Health Design: An on-site sewage disposal system design shall consist of a complete scale drawing of the site plan showing the proposed sewage disposal system, including all relevant details as specified herein and in WAC 246-272A and Jefferson County Policies. The design shall use the format and forms provided or approved by JCPH. Proper identification and location of soil logs and drainfield components at the site are considered to be part of the design. • JC Code 8.15 revised 2007 page 2 of 53 DRAFT Designer: An individual authorized by the Washington State Department of Licensing to perform design services for on-site wastewater treatment systems pursuant to 18.210 RCW. Throughout this chapter this term applies to both on-site sewage treatment system designers licensed under chapter 18.210 RCW and professional engineers licensed under chapter 18.43 RCW. Dwelling Unit: A unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Education Contact Hours: Contact participation in an organized educational experience led or facilitated by qualified sponsorship, capable of direction and qualified instruction. Courses must be approved by the Health Officer or designee and be sources of expanded knowledge pertaining to on-site sewage treatment and disposal. A copy of the agenda or syllabus showing date, time, subject matter, presenter, sponsor and evidence of actual participation must be presented at the time of certification renewal. This evidence could be in the form of a certificate of completion, a receipt or a copy of the attendance roster of the training event. Expansion: A change in a residence, facility, site, parcel, parcels or use that: • 1. Causes the sewage quantity or quality to exceed the existing design flow of the OSS: for example, when a residence is increased from two to three bedrooms; or there is a change in use of the residence; or a change in use from an office to a restaurant; or 2. Reduces the treatment or disposal capability of the existing on-site sewage system or the reserve area: for example, when a building is placed over a reserve area. Failure: A condition of an on-site sewage system that threatens the public health by inadequately treating sewage or by creating a potential for direct or indirect contact between sewage and the public. Examples of failure include, but are not limited to: 1. Sewage on the surface of the ground; 2. Sewage backing up into a structure caused by slow soil absorption of septic tank effluent; 3. Sewage leaking from a septic tank, pump chamber, holding tank, septic system component other than the drainfield, or collection system; 4. Cesspools or seepage pits where evidence of ground water or surface water quality degradation exists; 5. Inadequately treated effluent contaminating ground water or surface water, as demonstrated through 1) a positive tracing dye result; and 2) a coliform count of • at least 500 organisms per 100mL of water; or 3) the presence of the disposal JC Code 8.15 revised 2007 page 3 of 53 DRAFT component of the on-site sewage system located in ground water; or 6. Noncompliance with conditions stipulated on the OSS permit. 411 Fees: Charges as hereinafter authorized by the Jefferson County Board of Commissioners or the Jefferson County Board of Health for issuing permits, processing records, making inspections as found necessary, administrative processes, and certifying individuals in the practice of installing, pumping or maintaining/monitoring on- site sewage systems. Gray water: Sewage from bathtubs, showers, bathroom sinks, washing machines, dishwashers, and kitchen sinks. It includes sewage from any source in a residence or structure that has not come into contact with toilet wastes. Health Officer: The local Health Officer of Jefferson County Public Health, or a representative authorized by and under the direct supervision of the local Health Officer, as defined in chapter 70.05 RCW. Homeowner O&M Inspection: An operation and monitoring inspection performed by an individual holding a valid Homeowner Operator certificate from JCPH. Homeowner Operator: An individual with training in the monitoring and operation of their own OSS and who is certified by JCPH to inspect and monitor the performance of • that particular OSS. This certification does not allow the holder to practice as an Operation and Monitoring Specialist. Installer: An individual who has passed the Jefferson County installer's exam, holds a current bond and insurance as specified in JCC 8.15.120, personally holds an Installer's Certificate and directly supervises the installation and/or repair of an on-site sewage disposal system in Jefferson County. JCPH: Jefferson County Public Health Modification: Alteration of an existing on-site sewage component that does not result in an increase of the capacity of the system. Notice of Violation: Written determination that an element or section of these rules and regulations has not been complied with. On-site Sewage System (OSS): An integrated system of components, located on or nearby the property it serves, that conveys, stores, treats, and/or provides subsurface soil treatment and dispersal of sewage. It consists of a collection system, a treatment component or treatment sequence, a soil dispersal component, and a reserve area. An on-site sewage system also refers to a holding tank sewage system or other system • that does not have a soil dispersal component. This includes systems previously JC Code 8.15 revised 2007 page 4 of 53 DRAFT defined as: • 1. Conventional: systems consisting solely of a septic tank and a gravity SSAS, or those including a pump to a gravity SSAS. 2. Alternative: all systems not defined as conventional, such as pressurized, public domain treatment devices and proprietary products . Operation and Monitoring (O&M) Inspection: A monitoring inspection of an OSS meeting the criteria listed in these regulations. Also known as an Evaluation of an Existing System (EES). Operation and Monitoring Specialist: An individual with training, skill, and experience in the maintenance, monitoring, and operation of OSS and who is certified by JCPH to inspect and monitor the performance of an OSS. Ordinary high-water mark: The mark on lakes, streams, springs, and tidal waters, found by examining the beds and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland with respect to vegetation, as that condition exists on the effective date of this chapter, or as it may naturally change thereafter. The following definitions apply where the ordinary high-water mark cannot be found: a) The ordinary high-water mark adjoining marine water is the elevation at mean higher high tide; and b) The ordinary high-water mark adjoining freshwater is the line of mean high water. Pre-occupancy Inspection: Any inspection/s of the OSS that are required before a certificate of occupancy can be issued. Probation: A penalty period where the individual committing the violation shall be subject to additional review, reporting and/or inspection. Professional O&M Inspection: An operation and monitoring inspection performed by either: a) JCPH; 2) a licensed designer; or 3) an individual holding a valid Operation and Monitoring Specialist certification from JCPH. Proprietary product: A sewage treatment or distribution technology, method, or material subject to a patent or a trademark. Pumper: An individual with training, skill, and experience in the pumping of OSS and who is certified by JCPH to remove and transport wastewater or septage from septic tanks, pump chambers, holding tanks, and portable toilets. Record Drawing: An accurate graphic and written record of the location and features of the OSS that are needed to properly monitor, operate, and maintain that system. 1110 JC Code 8.15 revised 2007 page 5 of 53 DRAFT Repair: The reconstruction, relocation, or replacement of any portion of a failed or sub- standard on-site sewage system. This includes actions proposed to impact the soils • surrounding the disposal component to increase the dispersal of effluent or remediate clogged soil surfaces. Reserve Area: An area of land approved by JCPH for the installation of a conforming system that is protected and maintained for replacement of the drainfield upon its failure. Resident Owner: A person who owns and occupies, or intends to occupy, a property. Residential Sewage: Sewage having the constituency and strength typical of wastewater from domestic households not containing chemicals or other waste components atypical of a residential source. Revocation: The termination of all the rights and privileges associated with a certification. RS&G: Washington State Department of Health Recommended Standards and Guidance document Scale bar: The graphic representation by which distances can be measured. • Scum: Lighter solids, such as fats and grease that rise to the top of a septic tank, holding tank or pump chamber. Septage: The mixture of solid wastes, scum, sludge, and liquids pumped from within septic tanks, holding tanks, pump chambers, and other OSS components or removed from grease traps. Septic Tank: A watertight treatment receptacle receiving the discharge of sewage from a building sewer or sewers, designed and constructed to permit separation of settleable and floating solids from the liquid, detention and anaerobic digestion of the organic matter, prior to discharge of the liquid. Sewage Disposal Permit: A written permit, including conditions of approval, issued by the Health Officer or designee granting permission for the installation, modification, expansion, or repair of an on-site sewage system. Site Installer: An individual that has passed the installer's exam and maintains an annual Certificate, but is working under the direction, insurance and bond of a Certified Installer. Sludge: Heavy solids that settle to the bottom of a septic tank, holding tank or pump S JC Code 8.15 revised 2007 page 6 of 53 • DRAFT chamber. • Soil Log: A detailed description of soil characteristics providing information on the soil's capacity to act as an acceptable treatment and disposal medium for sewage. It includes the excavation as described in WAC 246-272A-0220(3). SSAS: Subsurface soil absorption system, as defined in WAC 246-272A-0010(2). Surface water: Any body of water, whether fresh or marine, flowing or contained in natural or artificial unlined depressions for significant periods of the year, including natural and artificial lakes, ponds, springs, rivers, streams, swamps, marshes, irrigation canals and tidal waters. Suspension: The temporary termination of all rights and privileges associated with a certification. Violation: A failure to comply with the provisions of applicable laws, rules or regulations including, but not limited to instances or cases when: 1. A Designer submits a permit application or an record drawing of an on-site sewage disposal system which contains any significant deviation below the minimum requirements for siting or sizing of on-site waste water treatment. 2. An individual designs or installs an on-site sewage system that is not in • accordance with the applicable regulations, or is not fitting the size, shape or topography of the site, within setbacks, as specified in the WAC Chapter 246- 272A; specification or approval of inadequate construction material, devices or methods. 3. A system is not installed in accordance with the approved permit. 4. Installer fails to notify the designer and/or JCPH when site conditions have changed making installation of the approved permitted system impossible or impractical. 5. A pumper disposes of wastewater or septage at an unapproved disposal site; 6. A designer fails to submit record drawing plans as specified in chapter 8.15.110(4). 7. An authorized person fails to submit required reports to JCPH as specified in the conditions of the on-site sewage disposal permit or in this chapter. 8. A Certificate holder fails to pay fees as specified by Jefferson County Ordinance. 9. A person holding a Certificate or license to install, pump or monitor an OSS fails to report to JCPH within 24 hours any nonfunctioning on-site components that could result in human contact with sewage effluent. 10.An owner fails to complete required 0 & M inspections, comply with the 0 & M schedule in TABLE 1 and/or submit the reports to JCPH or the approved entity. 11.An owner fails to comply with conditions of the on-site sewage permit. WAC : Washington Administrative Code • JC Code 8.15 revised 2007 page 7 of 53 DRAFT • JCC 8.15.060 ADEQUATE SEWAGE DISPOSAL REQUIRED • (1) Every residence, place of business, or other building or place where people congregate, reside or are employed shall be connected to an approved public sewer. If no public sewer is available, the building sewer shall be connected to an on-site sewage system approved by the Health Officer. Said sewage disposal system shall be built or rebuilt, constructed and maintained in such manner as to meet the requirements as prescribed by the Health Officer in accordance with minimum requirements and standards of WAC 246-272A and this code. Such system may include the use of waterless toilet devices in conjunction with an approved gray water system or other proprietary products approved by Washington State Department of Health. (2) Any unit/facility with the potential to generate waste water by virtue of being equipped with a toilet, sink, shower or other plumbing fixture shall be connected to an approved public sewer or shall be connected to an on-site sewage system approved by the Health Officer. (3) Any new or replacement residence or commercial structure, or any expansion, as that term is defined in Section 8.15.050 of this Code, may be connected to a pre- existing on-site sewage system only when the pre-existing system has hydraulic capacity, sufficient vertical and horizontal separation, an adequate reserve area and satisfies all other requirements to be in compliance with current code. (4) Any new or replacement structure, addition, change of use, increase in plumbing fixtures, change in the height or configuration of the roof, or expansion may be • approved by JCPH only when: a. adequate sewage disposal is provided per these regulations, and b. an adequate reserve area has been approved by JCPH, and c. all OSS on the property are in compliance with the Operation, Monitoring and Maintenance requirements found in Section 8.15.150 of this Code. JCC 8.15.070 NO DISCHARGE TO WATER OR GROUND SURFACE Effluent from any on-site sewage disposal system shall not be discharged directly or indirectly to surface water or upon the surface of the ground, except where expressly permitted by the Washington State Department of Ecology. JCC 8.15.080 ON-SITE SEWAGE SYSTEM PERMIT (1) No person shall install or cause to be installed a new on-site sewage system, nor perform any modification, extension, expansion, repair, relocation or connection to an existing on-site sewage system without a valid permit issued by the Health Officer. (2) When applying for a permit to install an on-site sewage system, a detailed to-scale construction plan of the proposed system and site is required and shall include all items identified herein. Each application shall contain the information required herein, and those items identified on the Septic Permit Application form as a • minimum. JC Code 8.15 revised 2007 page 8 of 53 • DRAFT • (3) The minimum land area required for approval of an OSS permit shall be determined by either Method 1 or Method 2 analysis as established in WAC 246-272A. Applications shall be reviewed in accordance with Jefferson County Policy 97-2 adopted by the Board of Health as amended or replaced. (4) Where more than one lot is required to meet minimum land area requirements for issuance of a permit, a Declaration of Restrictive Covenant shall be recorded binding together, at a minimum, the lots required to meet the minimum land area requirements. Any remaining lots not included in the Declaration of Restrictive Covenant must either meet minimum land area requirements or have a notice recorded to the title stating that the lots do not meet minimum land area requirements for a septic system and that the lots are not eligible for a waiver under Jefferson County Policy 97-2 or as amended or replaced. (5) Permits are transferable with property ownership. (6) Any sewage disposal permit issued under this section shall be valid for a period of three(3) years from the date of issuance. a. The permit may remain valid if the property for which the permit has been issued also has an active building permit for a structure that will be connected to the on-site sewage system. b. If the system is not installed before the permit expires, a new permit may be applied for, based on standards in effect at the date of the new application. Information as specified in JCC 8.15.090 shall be submitted with any new application. (7) Repair permit. Repair permits shall expire ninety (90) days from the date of issue. • Repair permits may be renewed for additional time if the Health Officer determines it is warranted. (8) The Health Officer may revoke or deny a permit for due cause. Examples include, but are not limited to: a. Development or continued use of an OSS that threatens the public health; b. Misrepresentation or inaccuracy in the construction plan or the permit application whether intended or accidental, shall be considered as grounds for invalidating and voiding any application or permit issued under this section. The applicant or their authorized agent is responsible for the accurate representation of all information presented to the Health Officer; c. Failure to meet conditions of the permit or the regulations; or d. Changes or alterations to the site such as grading, filling, clearing, or burning operations. (9) Jefferson County Public Health shall have neither an obligation nor the power to reduce the requirements to accommodate a Designer or Installer's error. (10) For any on-site sewage system proposed to serve a structure requiring a flood control zone permit under the provisions of chapter 86.16 RCW and chapter 508- 60 WAC, or requiring a flood plain certification by Jefferson County under the provision of the Flood Damage Prevention Ordinance, the OSS installation permit shall not be issued until a flood control zone permit or flood plain certification has been issued in accordance with Jefferson County Ordinance 18-1120-95 or subsequent amendments. An OSS installation permit shall comply with the . standards in said ordinance. JC Code 8.15 revised 2007 page 9 of 53 DRAFT • (11) On-site sewage disposal permits shall comply with regulations and policies established in the Jefferson County Comprehensive Plan, Jefferson County Zoning ID Code, Critical Areas Ordinance, The Jefferson County Shoreline Master Plan and any other duly adopted land use regulations of Jefferson County, the City of Port Townsend in the case of lands within the city, or the State of Washington. (12) Any pending and all future permits and approvals by JCPH for the subject property shall be withheld when written notice of noncompliance with Jefferson County and other applicable codes has been provided to the property owner. Permits and applications shall be released only upon satisfactory remedy of the non-complying action or activity. (13) No on-site sewage system permit shall be issued for industrial, chemical or hazardous waste disposal. (14) A soil log report shall be provided on a JCPH approved form by the individual who performed the soil evaluation. The report shall identify the date the soil observations were made and the name of the individual who logged the soils for the report. Soils evaluation shall be completed by a Designer or Professional Engineer licensed in the state of Washington, soil scientist licensed in the state of Washington, the local health officer or designee. (15) Uniform soil testing procedures shall be as described under WAC 246-272A-0220 and be used in addition to the following procedures: a. A minimum of 2 soil logs shall be dug in each the proposed primary area and the proposed reserve area of sufficient size and depth to accurately determine site suitability for on-site sewage disposal; b. The Health Officer or designee may require additional soil logs or such further • testing as is necessary to determine the adequacy of a site for on-site sewage disposal. c. A wet-season evaluation meeting the criteria of Policy 93-04 or as amended shall be required when: i. Water is observed seeping into or standing in an open excavation within three feet of the bottom of the proposed drainfield, or ii. Mottling occurs within three feet of the bottom of the proposed drainfield, or iii. Less than eighteen inches of useable soil is observed. d. Where sieve analysis tests are required they shall be completed by a certified lab and chain of custody requirements shall be followed. (16) It shall be the responsibility of the owner or owner's authorized representative to fill/cover the holes provided for evaluation of the soils for an installation permit or subdivision review within ten (10) days following notification that the inspection by the Health Officer is complete. The property owner shall be notified in writing when the inspection has been completed. (17) Any OSS not located entirely on the property originating the sewage must be secured by appropriate easements and/or covenant recorded with the Jefferson County Auditors Office prior to issuance of the permit unless specifically waived by the health officer. In all cases the easement or covenant shall be secured and recorded prior to final approval of the system installation. (18) Pending on-site sewage disposal permit applications. • JC Code 8.15 revised 2007 page 10 of 53 DRAFT a. Applications for which no decision has been issued within twelve (12) months • following the date of application, due to a lack of action by the applicant, and after receipt of written notice of pending expiration, shall expire by limitation. b. The Health Officer may extend the time for action by the applicant for a period not to exceed 180 days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. c. In order to renew action on an application after expiration, the applicant shall resubmit the application and plans, pay current application fees and meet current rules and regulations. d. The applicant shall be provided a 60-day notice by certified mail of the pending expiration of a permit application. e. The statement "Voided - Lack of Action" shall be entered on the record for an expired pending permit application. f. Plans and other data submitted for review shall thereafter be retained as per the Jefferson County Records Retention Schedule. JCC 8.15.090 DESIGN (1) All on-site sewage disposal systems shall be designed in accordance with these rules, and the criteria in WAC 246-272A, by the local Health Officer, by an on-site sewage system designer licensed by the Washington State Department of Licensing • to perform design work pursuant to chapter 18.120 RCW or by a licensed engineer pursuant to RCW 18.43 RCW. (2) Permits shall be issued for wastewater meeting domestic waste strength criteria as defined in the "Design Manual: On-site wastewater Treatment and Disposal Systems," United States Environmental Protection Agency, EPA-625/1-80-012 and EPA-625/R-00/008 except where modified by, or in conflict with WAC246-272A or this code. Pretreatment shall be required for non-residential/high- strength waste streams. (3) Sewage system sizing criteria shall comply with the standards in WAC 246-272A. a. The OSS shall be sized at 120 gallons per day for each heated room excluding bathrooms, kitchens, living rooms, dining rooms, utility or laundry rooms, and one bonus room. b. An OSS may be sized for fewer gallons per day than determined above if a covenant declaring the maximum capacity of the sewage system is filed and recorded with the Jefferson County Auditor, so as to be discovered during a title search. This covenant shall be provided by the health officer and signed by the property owner. c. In no case shall the OSS be sized for less than 120 gallons per day for each bedroom or sleeping room (e.g. guest room, bunk room). d. In no case shall the OSS be sized for less than 240 gallons per day for each dwelling unit. (4) Reserve Area. As a minimum an area equal to that required for a 100% replacement • or repair, completely separate from the primary area, and shown dimensioned on the JC Code 8.15 revised 2007 page 11 of 53 DRAFT site plan. (5) Permit Application Submittal shall include the following items. Each page shall • contain a header with the name and address of the property owner, and the address or parcel number of the property. a. One copy of the JCPH "Septic Permit Application Form" providing all identified information. This form shall have the signature of the property owner or authorized representative as provided in writing. b. Three copies of the design and construction specifications. One copy shall have an original stamp and Designer signature with date prepared. c. One copy of the soil log report submitted on a separate 81/2" X 11" sheet/s. The evaluation shall include the date of evaluation and identify the soil evaluator. d. One copy of the calculations and assumptions supporting the proposed design including all items outlined in JCC 8.15.090(7). e. One copy of the following information: i. Directions to the site. ii. Identification if the parcel is within the boundaries of a sewer utility. iii. If connecting to a community OSS provide: 1. The name, location and permit number of said system, 2. The name, address and point of contact with the system's management entity, 3. A Customer Agreement with the management entity that provides a commitment to serve the parcel. iv. All easements impacting the OSS or access to the OSS, whether • public or private and whether or not recorded. v. All Covenants impacting the OSS or access to the OSS, whether public or private and whether or not recorded. vi. One copy of any special reports applicable to the project, such as geotechnical report or wetland delineation. vii. One copy of an Operation and Monitoring Inspection report, current per Table 1, for any existing OSS on the property, unless the existing OSS will be decommissioned as a condition of the new permit OR a current inspection report is already on file with JCPH. (6) Design and construction specifications shall include the following items and those required by WAC 246-272A. This portion of the application shall be no more than 10 pages 11" X 17" unless specifically authorized by the Health Officer. All sheets must be at least 8 1/2" X 11" but not more than 11" X 17". a. A complete, detailed, and dimensional site plan including: i. The date of the design, the Designer's seal and the Designer's signature. ii. An overall plan that represents the entire parcel to scale and identifies the location of the system components. A scale bar is required. iii. A scaled drawing of the area within 100' of the system that is at an engineering scale not to exceed 1" = 50'. A scale bar is required. • JC Code 8.15 revised 2007 page 12 of 53 DRAFT • iv. Designated and dimensioned areas for the proposed primary system and the reserve area. v. The location of all soil logs and other soil tests for the OSS. vi. Location of utilities. vii. General topography and the percent slope of the site within 100' of the system and reserve areas. viii. Drainage characteristics. ix. The location of existing and proposed encumbrances including legal access documents if any component of the OSS is not on the lot where the sewage is generated. x. An arrow indicating north on all site plans. xi. Location of the essential tightline components of the sewage disposal system, including all plumbing stub outlets between the building(s) and septic tank(s), pump chamber(s), siphon chamber(s), tightline between septic tank or pump chamber and distribution network and all drainfield lines. xii. Identify cuts, banks, terraces, foundations, surface waters, wells, driveways, waterlines, and surface or subsurface drains within 100' of the system and reserve. xiii. Identify the access route or driveway to the site. xiv. Clearly indicate scale on each site plan, including a scale bar. b. Construction specifications. c. Vertical cross-section drawings showing: . i. The depth of the disposal component from native grade, the vertical separation, and depth of soil cover; ii. Septic tank; iii. Pump tank and its components; iv. Monitoring and access ports. (7) Calculations and assumptions supporting the proposed design, including: a. Soil type b. Hydraulic loading rate in the disposal component c. System's maximum and average daily flow capacity and how determined d. Source of the sewage including waste strength characteristics e. Where pumps are included provide friction loss and dynamic head calculations. (8) Nothing herein shall preclude the Designer from providing supplemental information regarding the design directly to the client under separate cover. (9) The proposed drainfield lateral/bed shall be staked in the field for inspection and review unless specifically waived by the Health Officer or designee. (10) Septic tanks shall: a. Have watertight pumping access ports to ground surface over both compartments and at the outlet and inlet to facilitate inspection and maintenance. A homeowner may provide access ports to within 6" of the surface of the ground provided that the owner will uncover them for all required O&M inspections. b. Be set on a level, stable base. • (11) Distribution boxes shall be fitted with risers to grade. Distribution box risers shall JC Code 8.15 revised 2007 page 13 of 53 DRAFT • be sized adequately to allow visible inspection of liquid level in the box, shall be S constructed of durable materials and shall be equipped with secure, tightly fitted lids. JCC 8.15.095 COMMERCIAL ONSITE SEWAGE SYSTEMS (1) Commercial onsite sewage systems as defined in this chapter shall be designed according to the standards contained in WAC 246-272A and this code. (2) If the ownership is by more than one individual a Management and Operations Agreement shall be prepared by the applicant, approved by JCPH and recorded to the property as a covenant. (3) All individual connections or separate uses within a commercial development shall be equipped with a water meter or other approved method for monitoring flows to the onsite sewage system. (4) All commercial on-site sewage systems shall provide an annual report to JCPH including the following at a minimum: a. Number of connections to the system and each connection's design flow. b. Copies of inspection reports consisting of the items detailed in 8.15.150 (7) completed per TABLE 1. c. Records identifying any maintenance completed on the system components. JCC 8.15.100 COMMUNITY ON-SITE SEWAGE DISPOSAL SYSTEMS • (1) Community on-site sewage systems as defined in this chapter shall be designed in accordance with WAC 246-272A, this code and the maintenance criteria as set forth in the current Washington State Department of Health "Design Standards for Large On-Site Sewage Systems," 1996, and WAC 246-272B or as they may be hereafter amended. (2) Management of community on-site sewage systems shall be by an entity approved by JCPH. If the lots are individually owned the management shall in all cases be provided by a public entity. A homeowners association is not considered an approved entity for the management of a community on-site sewage system. (3) A covenant shall be recorded to the property and shall remain in place for the life of the on-site sewage system or until the on-site sewage system is no longer needed. It shall provide the management entity the following items including but not limited to: a. A legal easement allowing access for construction, operation and maintenance, and repair of the OSS; and b. Identification of an adequate financing mechanism to assure the funding of operation, maintenance, and repair of the OSS. (4) All lots, parcels, or individual connections to a community system shall be equipped with a water meter or other approved method for monitoring flows into the system. (5) Sites proposing community systems shall conform to the minimum land area requirements of WAC 246-272A. (6) All community on-site sewage systems shall provide an annual report to JCPH including the following at a minimum: a. Number of connections to the system and each connection's design flow. JC Code 8.15 revised 2007 page 14 of 53 DRAFT b. Copies of inspection reports consisting of the items identified on forms provided or approved by JCPH per 8.15.150 (8) and completed per TABLE 1. c. Records identifying all maintenance completed on the system components. 8.15.105 SUBDIVISION REQUIREMENTS (1) A person proposing the development of Subdivisions, Planned Unit Developments, Binding Site Plans or other land division shall obtain approval from the Health Officer, where the use of OSS is proposed, prior to any development. (2) The proposal shall comply with the standards of WAC 246-272A -0320 and the Jefferson County Unified Development Code as amended. (3) Where preliminary approval is requested the following shall be submitted at the time of application: a. Applicable fees b. Preliminary plan of the proposal showing the layout of the lots. c. A soils report and preliminary plan submitted by a licensed designer or licensed professional engineer that: i. Shows an area for each proposed lot/segregation that is suitable for onsite sewage disposal and, ii. Provides a minimum of 4 test pits, 2' X 4' x 6'deep, 2 in the area of the primary drainfield and 2 in the area of the reserve. Test pits shall be flagged with the lot number and, • iii. Identifies the locations of the test pits on the preliminary plan. d. Soil test pits shall be made available for observation by Health Department Staff and must be filled in upon completion of review and notification of such by the Health Department. e. Statements as to the type of potable water supply. (4) To obtain Preliminary Approval a. The Health Department staff shall review the application and perform field visits. b. The highest anticipated ground water table elevation shall be determined. The Health Officer or designee may require a wet season evaluation per Policy 93-04 where less than 18" of usable soil is observed. c. Lot sizes shall meet minimum land area requirements. d. Soils suitable for the installation of OSS must be identified for each lot. e. Conceptual or detailed designs may be required by the Health Officer or designee. f. An evaluation of all existing onsite sewage systems within the bounds of the project shall be completed by an entity authorized by the Health Officer or designee. g. Where a community system or large onsite sewage system is proposed as the method of sewage disposal a preliminary layout design of the system must be submitted to JCPH as well as a letter from an approved management entity indicating that they will meet the standards of • JCC8.15.100. JC Code 8.15 revised 2007 page 15 of 53 DRAFT h. For the water supply a Utility Service Review shall be completed. i. Public water supplies shall be developed consistent with provision of • the Jefferson County Coordinated Water System Plan , Washington State Department of Health Drinking Water regulations WAC246-290 as amended and Washington State Department of Ecology water rights provisions RCW 90.03 AND/OR RCW 90.44. ii. Wells, whether individual or public, shall be protected by a sanitary control area of a 100 foot radius. The sanitary control area shall not encumber adjacent property unless a restrictive covenant is recorded to the encumbered property. For existing wells, the sanitary control area shall be established by covenant and portrayed graphically on the face of the plat. (5) To obtain Final Approval a. All conditions of the preliminary approval shall be met b. The locations of test pits used for the preparation of the soils report shall be portrayed on the final plat. c. All wells must be: i. graphically portrayed with sanitary control area of a 100 foot radius, and ii. identified with the Department of Ecology unique identifying number, and iii. labeled with the parcel the well serves, if the well is located on a different parcel from the one it serves. • JCC 8.15.110 INSPECTION (1) An initial inspection by the Health Officer or designee shall be conducted to verify soil and site conditions for the proposed design unless expressly waived by the health officer. (2) The Health Officer or designee may make inspections during construction to determine compliance with these regulations. (3) It shall be the responsibility of the Installer of the system to notify the Designer for inspections as specified in the design or in permit conditions. (4) It shall be the responsibility of the Installer of the system to notify the health department within one working day prior to commencement of system construction, of the intent to install the system. This shall be done by means of a start card to be submitted by fax or emailed to a designated address. (5) Final inspection a. A pre-cover inspection shall be conducted on all systems by the Designer of record or other licensed Designer or engineer where that person is taking responsibility to certify the system installation. b. For pressurized or proprietary systems- i. The Designer shall be responsible for all inspections during the construction of the OSS. • JC Code 8.15 revised 2007 page 16 of 53 • DRAFT • ii. After completion of the system, when the system is fully functional the Designer shall contact the Health Officer or designee to schedule a joint inspection of the OSS. c. The Designer of record or other licensed Designer or engineer where that person is taking responsibility to certify the system installation shall submit a record drawing of the system installation including the items specified in this section. d. No part of any on-site sewage system installation shall be put into use until final approval has been obtained from the Health Officer or designee. (6) Partial installation may be allowed and shall be subject to all of the following requirements and limitations: a. Installation shall take place prior to the expiration date of the permit and; b. The Health Officer or designee shall be notified of the intent to install the system as described in this section and; c. At a minimum the treatment and disposal components shall be installed and; d. The system shall be vested only for the portions that are installed and; e. The system shall be subject to review at the time of building permit for a structure to use the system under 8.15.060(3) and; f. A report shall be submitted by the designer of record or other licensed designer or engineer where that person is taking responsibility to certify the system installation. The report shall provide details on what was installed and shall be accompanied by a drawing locating the components that were installed prior to the expiration of the permit. • g. An additional inspection and/or permit, with appropriate fees, may be required to complete the installation and finalize the system. (7) Final approval of on-site systems by the Health Officer can be made only after; a. Satisfactory inspection of the installed system b. Receipt by JCPH of record drawings of the final construction with the operational settings and installation data report, c. Receipt of the Homeowner Operations and Monitoring Manual, and d. Compliance with installation conditions of the permit (8) If installation or workmanship of the on-site sewage system does not meet the requirements of this code or conditions of the permit, the Health Officer or designee shall order corrections and cause a subsequent inspection to be made. Fees may be charged for subsequent inspections. (9) Designer inspections. Nothing contained herein shall prohibit the Designer of record from requiring additional Designer-performed inspections to ensure compliance with the design and regulations. (10) Record Drawings: a. After installation of the sewage disposal system has been completed, a scaled and dimensional record drawing of the sewage disposal system shall be prepared by the Designer of the system as specified in JCC 8.15.110 (5) on forms provided or approved by JCPH. b. The record drawing shall include: i. Information identified on the JCPH "Final Inspection Report " Form as • applicable to the system installed; JC Code 8.15 revised 2007 page 17 of 53 DRAFT • ii. Measurements to existing site features enabling the first tank manhole • to be easily located; iii. A dimensioned reserve area; iv. For repaired or altered OSS, the new, repaired or altered components with their relationship to the existing system; v. North direction indicated; vi. Location of all sewage system components; vii. Stub outs; viii. Tightlines; ix. Pump and/or siphon chamber(s); x. D-box(s); xi. Drainfield lines or bed and fill area(s) when applicable; xii. Other treatment components — sand filter, proprietary device, disinfection unit; xiii. Driveway — existing and/or proposed; xiv. Building(s) size, shape and placement; xv. Water line(s); xvi. Location of utility and/or other easements; xvii. Slope(s) - direction and percent; xviii. Cuts, banks, terraces; xix. Foundations; xx. Property lines; xxi. Surface waters, springs, wells; xxii. Additional information as required for systems that are covered by • Washington State RS&G's; xxiii. Designer's stamp and signature, and date of installation; xxiv. Other pertinent information. (11) The Designer shall provide to the property owner: a. One copy of the Homeowners Operations and Monitoring Manual and, b. The "record drawing" of the completed system with the operational settings and installation data. (12) Prior to occupancy of a permanent structure, an additional inspection shall be required when: a. the OSS and the system requires a pump, and b. the OSS control panel did not have permanent power when the permit was finaled. This inspection may be performed by JCPH, Designer, or a Certified Operations and Maintenance Specialist. This inspection shall verify that conditions are consistent with the final inspection and system settings are the same. The inspection report shall be submitted on forms provided or approved by JCPH. Fees shall be charged for inspection. JCC 8.15.120 SEWAGE SYSTEM INSTALLER (1) Certificate Required. It shall be unlawful for any person, firm or corporation to • engage in construction, alteration, repair or modification of on-site sewage systems JC Code 8.15 revised 2007 page 18 of 53 DRAFT without first having been issued a Septic System Installer's Certificate by the Health Officer except as allowed in Section 8.15.120 (8) of this Code. (2) Requirements for Sewage System Installer shall include the following: a. Application shall be made on forms provided by the Health Officer. b. Certificate and/or application fees as set forth in the Fee Schedule shall be payable to JCPH. c. Written proof showing a minimum of one year experience under the direct supervision of a Certified Installer or Designer. Completion of classroom training specific to on-site sewage system installation as approved by JCPH may be substituted for up to six months of work experience. (3) Take and pass a written examination to verify the applicant's knowledge of the operation and monitoring requirements, both herein and in WAC 246-272A or as amended, for the on-site sewage systems approved by the Washington State Department of Health, excepting those proprietary devices requiring a special authorization from the system proprietor. A passing score is a minimum of 70% correct. (4) Renewal of Certificate. Application is required annually for certificate renewal. All certificate renewal applications, along with the required bond, renewal fee, and verification of continuing education shall be submitted to the Health Officer no later than March 1. The Certificate shall not be issued or renewed if the applicant is found by the Health Officer to be out of compliance or in violation of the provisions of this chapter. After March 1 of any particular year, the certificate issued to that installer for the prior year shall become void and of no effect. If an installer's • certification lapses or becomes void, then to become recertified, the applicant must comply with all requirements of this section, including passing the written examination. (5) An Installer's Certificate is not transferable. (6) An Installer's Certificate grants authority to install any on-site sewage system approved for use in the State of Washington, EXCEPT in the case of a proprietary product where a special authorization, in writing, is required by the manufacturer or patent holder. (7) A Jefferson County Certified Installer, or Site Installer as defined in JCC 8.15.120 shall be present on the site during all phases of system installation. (8) Exception. A resident owner may construct, alter, repair, or modify a permitted on- site sewage system on his/her own property for his/her own use without obtaining an Installer's Certificate, PROVIDED: a. That he/she complies with other terms of this chapter, WAC 246-272A-0250, AND b. That he/she installs no more than one (1) system in any one (1) calendar year, AND c. The on-site sewage system is intended to serve the primary residence of the owner, AND d. The resident owner does not arrange for, nor contract, nor hire, with or without reimbursement, any person or concern to perform that work, unless that person is a Jefferson County Certified Sewage System Installer as set • forth in this section, AND JC Code 8.15 revised 2007 page 19 of 53 DRAFT • e. The sewage system is located on the same lot as the residence or situated on adjoining property controlled by the owner and legally listed as an • encumbrance, AND f. Prior to beginning installation the Health Officer or designee AND the Designer are contacted to schedule required inspections, AND (9) A property owner may not install the OSS and its components, unless specifically allowed by the Health Officer or designee, if the site meets any of the following criteria: i. Has horizontal or vertical separations less than required in WAC 246- 272A; ii. Receives commercial or industrial wastewater as defined in WAC 246- 272A; iii. Is permitted as a nonconforming repair; iv. Has a reduced drainfield size of 50% or less; v. Is within 200' of surface water, as measured from the ordinary high water mark; vi. Is within 200' of a Category I or II wetland; vii. Is in a 100yr floodplain, as defined by the Federal Emergency Management Agency; viii. Is in a Special Aquifer Recharge Protection Areas as defined in JCC 18.15.240 or as amended; ix. Is in a Marine Recovery Area or other area identified by the Jefferson County Board of Health; x. Is adjacent to a marine shoreline. • (10) Site Installer. A Certified Sewage System Installer may sponsor a site installer to be responsible for compliance with WAC 246-272A. The Certified Installer shall inform the Health Officer of the site installer's name(s) and of any changes in employment status of sponsored site installers. Site installers must pass the Installer's exam and maintain their annual certificate. (11) Bond and Insurance Required. Prior to the issuance of a Sewage System Installer's Certificate, the applicant must be in possession of a bond obtained in accordance with the Special or General Contractors Laws of the State of Washington running to Jefferson County Public Health on a form approved by JCPH in the sum of$20,000 and executed by a surety company duly authorized to do business in the state of Washington. The bond shall be conditioned that the holder of the certificate and his/her agents, in performing work governed by these rules and regulations, shall exercise all reasonable care and skill and shall comply with all the terms and conditions of these rules and regulations. The bond must be kept in effect during the period of time for which the certificate is issued and cancellation of the bond shall automatically suspend the certificate. The bond shall run for a period of thirty-six (36) months following termination of the certificate. Applicant shall provide proof of business liability insurance in the minimum amount of five hundred thousand dollars ($500,000.00) in accordance with the Special or General Contractors Laws of the State of Washington. EXCEPT, site installers working for or under the direction of a general contractor who is also a certified installer may have this requirement • JC Code 8.15 revised 2007 page 20 of 53 DRAFT • waived if the general contractor provides a written statement indicating their assumption of responsibility for the individual's work, and agreement to coverage of the individual by the general contractor's bond and liability insurance. (12) Continuing Education. Each installer shall obtain a minimum of eight (8) hours of approved classroom training every two (2) years. Subject matter must be directly related to on-site sewage disposal and be acceptable to the Health Officer. Proof of training shall be submitted annually with application for certificate renewal. (13) Suspension/Revocation. A sewage system Installers certificate may be revoked or suspended as set forth in JCC 8.15.180 if he/she has been found to be in noncompliance with provisions of this chapter or has performed with negligence, incompetence or misrepresentation. 8.15.130 SEPTIC TANK PUMPERS (1) Certificate Required. It shall be unlawful for any person, firm, or corporation to engage in the activity of cleaning any septic tank, pump chamber, holding tank, portable toilet, or removing other accumulations of sewage without first having obtained a Septic Tank Pumper's Certificate from JCPH. (2) Renewal of Certificate. Application is required annually for certificate renewal. All certificate renewal applications, along with the required bond, renewal fee, and verification of continuing education shall be submitted to the Health Officer no later than March 1. The Certificate shall not be issued or renewed if the applicant is • found by the Health Officer to be out of compliance or in violation of the provisions of this chapter. After March 1 of any particular year, the certificate issued to that pumper for the prior year shall become void and of no effect. If a pumper's certification lapses or becomes void, then to become recertified, the applicant must comply with all requirements of this section, including passing the written examination. (3) A Septic Tank Pumper's Certificate is not transferable. (4) Septage Disposal Site Approval. It shall be unlawful to dispose of septic tank pumpings or other accumulated sewage at any location other than disposal sites designated and approved by the Washington State Department of Ecology. (5) No material/substance shall be discharged into any component of the OSS excepting that tank/s may be filled with water to prevent floatation. (6) Scope of Practice: a. The Septic Tank Pumper may remove and transport wastewater or septage from septic tanks, pump chambers, holding tanks, and portable toilets and dispose of it at a disposal site designated and approved by the Washington Department of Ecology. b. The Septic Tank Pumper may complete the following maintenance if authorized by the homeowner: i. Repair baffles within the septic tank ii. Install or repair risers on septic tanks or pump chambers iii. Install, repair, or clean outlet baffle filters in a septic tank • iv. Vacuum or hydro-jet system components JC Code 8.15 revised 2007 page 21 of 53 DRAFT c. No Septic Tank Pumper may repair or modify an OSS except as outlined in b) unless they also hold a valid Installer or Operation and Monitoring Specialist • certificate. (7) Reporting Requirements. a. Each pumper shall submit to JCPH not later than the tenth day of each month a report on paper or electronic forms approved by JCPH. Said report shall be accompanied by the required fees, and shall contain: i. The dates, sources, disposal site, disposal receipts, and volume of each load of wastes handled from the preceding calendar month. ii. Vacuuming system on each occurrence with the date and physical address of the system vacuumed and property owner name. iii. Hydro-jetting system on each occurrence with the date and physical address of the system hydro-jetted and property owner name. b. Each pumper shall complete an inspection report at each site where a holding tank, portable toilet, septic tank, or pump chamber, is serviced. Inspection reports shall be submitted to JCPH. Said report shall include at a minimum the following information: i. Measured depth of scum and sludge in the septic tank and pump chamber if present. ii. Condition of tank(s), baffles, risers, screens iii. Record signs of backflow from drainfield iv. Record signs of ground water infiltration into tank(s) v. Each pumper shall list portable toilet locations, the frequency of service and the disposal location on each monthly report. • (8) Pump Tank Requirements. Pumping equipment must be presented to JCPH for inspection at the time of certificate application and as requested by JCPH. a. The pump tank must be of at least 1,000 gallons in capacity and must be in good repair and of cleanable construction. b. All hoses and pumping equipment shall be kept in a clean and sanitary condition while stored or in transit. c. All discharge valves shall be in good repair, free from leaks and be fitted with watertight caps. d. The name of the operating firm shall be prominently displayed on the sides of the vehicle. (9) Bond Required. Prior to the issuance of a Septic Tank Pumper's Certificate, the applicant must post a bond with JCPH in a form approved by the Prosecuting Attorney of Jefferson County, and executed by a surety company authorized to do business in the State of Washington, in the sum of two thousand dollars ($2,000). (10) Continuing Education. Each pumper shall obtain a minimum of six (6) hours of approved classroom training every two (2) years. Subject matter must be directly related to on-site sewage disposal and be acceptable to the Health Officer. Proof of training shall be submitted annually with application for renewal. (11) Suspension/Revocation. A Septic Tank Pumper's Certificate may be revoked or suspended as set forth in 8.15.180 if he/she has been found to be in noncompliance with the terms of this chapter or has performed with negligence, incompetence or misrepresentation. • JC Code 8.15 revised 2007 page 22 of 53 DRAFT . 8.15.140 OPERATION AND MONITORING SPECIALIST (1) Certificate required. It shall be unlawful for any person, firm or corporation to engage in any Operation and Monitoring Inspection required by JCPH without first having been issued an Operation and Monitoring Specialist Certificate by the Health Officer, except as specified in Section 8.15.150(5) of this Code. (2) A sewage system Operation and Monitoring Specialist Certificate shall not be transferable. (3) Requirements for Monitoring Specialist Certificate shall include all of the following: a. Application shall be made on forms provided by JCPH. b. Certificate and/or application fees as set forth in the Fee Schedule shall be payable to JCPH. c. Written proof showing a minimum of one-year experience under the direct supervision of a Certified Installer, Designer or Operation and Monitoring Specialist or other experience as approved by the Health Officer. Completion of classroom training specific to on-site sewage system operation and maintenance as approved by JCPH may be substituted for up to six months work experience. d. Written proof of completion of a minimum of sixteen (16) education contact hours in on-site wastewater treatment, operation and maintenance at the Northwest On-site Wastewater Training Center or equivalent. • e. Take and pass a written examination to verify the applicant's knowledge of the operation and monitoring requirements, both herein and in WAC 246- 272A or as amended, for the on-site sewage systems approved by the Washington State Department of Health, excepting those proprietary devices requiring a special authorization from the system proprietor. A passing score is a minimum of 70% correct. (4) Scope of Practice a. The Operations and Monitoring Specialist may complete regular monitoring of an on-site sewage system including: i. Measuring levels of sludge, scum and liquid in the system components; ii. Visual evaluation of the condition of all system components; iii. Inspect and report the condition of system components; monitoring ports and the surface above the drainfield/disposal area; or iv. Record information from devices such as cycle counter or operating hour meters and flow meters b. The Operations and Monitoring Specialist may complete the following maintenance if authorized by the homeowner: i. Clean pump screen or outlet baffle screen; ii. Install and repair septic tank lids, risers and baffles; iii. Install and repair distribution boxes and their risers • JC Code 8.15 revised 2007 page 23 of 53 DRAFT • iv. Replace pumps, float switches, and check valves in the pump chamber, within Washington State Labor and Industry requirements; or v. Make repairs to a septic tank or pump chamber to correct a condition of ground water intrusion or leakage. vi. Excavate for purposes of affixing sweeping 45 degree angle lateral ends and removable end caps on manifolds and lateral lines, for purposes of maintenance, such as flushing, jetting and brushing. vii. Or other as approved by the Health Officer. c. The Operations and Monitoring Specialist may expose portions of the OSS to create a scaled location diagram with measurements to permanent objects. i. Finaled Permit: This diagram may be used to verify OSS component locations where a finaled permit is on file with JCPH. ii. Not Completed Permit: To final an incomplete/unfinaled or 'N' status permit on file with JCPH, the location diagram must be verified by JCPH inspection or a licensed designer. d. The Operations and Monitoring Specialist shall not: i. Pump the septic tank and/or pump chamber, EXCEPT in the case where he/she also holds a valid Septic Tank Pumper's Certificate; ii. Excavate an OSS's drainfield or any drainfield component, EXCEPT as stated in 8.15.140 (4)(b) above, OR in the case where he/she also holds a valid Installer's Certificate; iii. Alter devices such as cycle counters or operating hour meters without the prior written approval of JCPH; • iv. Alter or replace any portion of the subsurface disposal component or pretreatment components, EXCEPT as stated in 8.15.140(b) (v) and EXCEPT in the case where he/she also holds a valid Installer's Certificate and a permit has been obtained for such work; or v. Replace or alter devices that monitor or regulate the distribution of the effluent. (5) The Operations and Monitoring Specialist shall report failure of an on-site sewage system to JCPH within 24 hours of first identifying the failure. (6) Inspection Reports shall be submitted by the Operations and Monitoring Specialist to JCPH or other authorized agency within thirty (30) days following the inspection, and shall be accompanied by the required fees. By submitting these reports, Operation and Monitoring Specialists shall warrant that they have performed at least the minimum 0 & M inspections required in these regulations for the respective system by visiting the site, visually inspecting all tanks, pump basins and other components of the system as detailed on the record drawing for inspection access (as applicable to era and system type), and completing and submitting all required documents to the owner and JCPH. (7) Maintenance items shall be reported on the inspection report to JCPH. (8) For proprietary products that require maintenance by a manufacturer-authorized person, an O&M Specialist shall not operate and maintain these proprietary products unless he/she has obtained written authorization from the manufacturer or patent holder. • JC Code 8.15 revised 2007 page 24 of 53 • DRAFT (9) Continuing Education. Each Operations and Monitoring Specialist shall obtain a • minimum of eight (8) hours of approved classroom training pertaining to on-site sewage treatment and disposal every two (2) years. Proof of training shall be submitted annually with application for renewal. (10) Bond Required. Prior to the issuance of an Operation and Monitoring Specialist Certificate, the applicant must be in possession of a bond obtained in accordance with the Special or General Contractors Laws of the State of Washington and provide proof of business liability insurance in the minimum amount of five hundred thousand dollars ($500,000.00). (11) Renewal of Certificate. Application is required annually for certificate renewal. All certificate renewal applications, along with the required bond, renewal fee, and verification of continuing education shall be submitted to JCPH by March 1. The certificate shall not be issued or renewed if the applicant is found by the Health Officer to be out of compliance or in violation of the provisions of this chapter. After March 1 of any particular year, the certificate issued to that O&M Specialist for the prior year shall become void and of no effect. If an O&M Specialist's certification lapses or becomes void, then to become recertified, the applicant must comply with all requirements of this section, including passing the written examination. (12) Suspension/Revocation. An Operation and Monitoring Specialist's Certificate may be revoked or suspended as set forth in 8.15.180 if he/she has been found to be in noncompliance with the terms of this chapter or has performed with negligence, incompetence or misrepresentation. S • JC Code 8.15 revised 2007 page 25 of 53 DRAFT NOTE:For Section 145, Homeowner Operator, four different options are being considered by the Board of Health. All four options are presented here in full. • Option 1:Allows property owners to inspect all OSS serving property they own, including rental properties. 8.15.145 HOMEOWNER OPERATOR (1) A Homeowner Operator certificate allows the certificate holder to inspect one OSS serving property that he/she owns regardless of the quantity of properties owned by the landowner holding a Homeowner Operator Certificate. An individual owning multiple OSS may hold multiple Homeowner Operator certificates. (2) A sewage system Homeowner Operator certificate is issued to a particular individual and shall not be transferable. (3) Requirements for a Homeowner Operator certificate shall include all of the following: a. Application shall be made on forms provided by JCPH and specify the OSS to be inspected. b. Certificate and/or application fees as set forth in the Fee Schedule shall be payable to JCPH. Each certificate shall be charged a separate fee. c. Written proof of completion of operation and monitoring classes provided by a JCPH-approved agency within the past three years. This class must cover the applicant's specific system type. Fees may be charged for this class. • d. Take and pass a written examination from a JCPH-approved agency within the past three years to verify the applicant's knowledge of the operation and monitoring for their specific system type. Fees may be charged for this examination. e. An individual's completion of the class and passing of the examination may, if applicable based on system type, be applied to more than one Homeowner Operator certificate,. (4) The Homeowner Operator certificate does not authorize the holder of that Certificate to maintain or repair an OSS of which the Homeowner Operator is not a resident owner, nor to maintain a proprietary product that requires maintenance by a manufacturer-authorized person. (5) The Homeowner Operator shall report failure of an on-site sewage system to JCPH within 24 hours of first identifying the failure. (6) Inspection Reports shall be submitted by the Homeowner Operator to JCPH or other authorized agency within thirty (30) days following the inspection, and shall be accompanied by the required fees. By submitting these reports, Homeowner Operators shall warrant that they have performed at least the minimum 0 & M inspections required in these regulations for the respective system by visiting the site, visually inspecting all tanks, pump basins and other components of the system as detailed on the record drawing for inspection access (as applicable to era and system type), and completing and submitting all required documents to JCPH. (7) Maintenance items shall be reported on the inspection report to JCPH. • JC Code 8.15 revised 2007 page 26 of 53 DRAFT • (8) If the system contains a proprietary product requiring maintenance by manufacturer- authorized personnel, the Homeowner Operator shall include written documentation of such maintenance as part of the required inspection reports. (9) A bond is not required for Homeowner Operator certificates. (10) Continuing Education: A system-type specific refresher and test authorized by JCPH is required within one year prior to each renewal of the Homeowner Operator certificate. Fees may be charged. (11) Renewal of Certificate. Certificate renewal is required every three years. Application, fees, and proof of continuing education shall be submitted to JCPH prior to each inspection. The certificate shall not be issued or renewed if the applicant is found by the Health Officer to be out of compliance or in violation of the provisions of this chapter. (12) Suspension/Revocation. A Homeowner Operator certificate may be revoked or suspended as set forth in 8.15.180 if he/she has been found to be in noncompliance with the terms of this chapter or has performed with negligence, incompetence, or misrepresentation. ID JC Code 8.15 revised 2007 page 27 of 53 DRAFT • Option 2:Allows property owners to inspect any OSS of which they are a resident owner("a person who owns and occupies, or intends to occupy, a property.") • 8.15.145 HOMEOWNER OPERATOR (1) A Homeowner Operator certificate allows the certificate holder to inspect one OSS of which he/she is a resident owner. An individual who is the resident owner of multiple OSS may hold multiple Homeowner Operator certificates. (2) A sewage system Homeowner Operator certificate is issued to a particular individual and shall not be transferable. (3) Requirements for a Homeowner Operator certificate shall include all of the following: f. Application shall be made on forms provided by JCPH and specify the OSS to be inspected. g. Certificate and/or application fees as set forth in the Fee Schedule shall be payable to JCPH. Each certificate shall be charged a separate fee. h. Written proof of completion of operation and monitoring classes provided by a JCPH-approved agency within the past three years. This class must cover the applicant's specific system type. Fees may be charged for this class. i. Take and pass a written examination from a JCPH-approved agency within the past three years to verify the applicant's knowledge of the operation and monitoring for their specific system type. Fees may be charged for this examination. • j. An individual's completion of the class and passing of the examination may, if applicable based on system type, be applied to more than one Homeowner Operator certificate,. (4) The Homeowner Operator certificate does not authorize the holder of that Certificate to maintain or repair a proprietary product that requires maintenance by a manufacturer-authorized person. (5) The Homeowner Operator shall report failure of an on-site sewage system to JCPH within 24 hours of first identifying the failure. (6) Inspection Reports shall be submitted by the Homeowner Operator to JCPH or other authorized agency within thirty (30) days following the inspection, and shall be accompanied by the required fees. By submitting these reports, Homeowner Operators shall warrant that they have performed at least the minimum 0 & M inspections required in these regulations for the respective system by visiting the site, visually inspecting all tanks, pump basins and other components of the system as detailed on the record drawing for inspection access (as applicable to era and system type), and completing and submitting all required documents to JCPH. (7) Maintenance items shall be reported on the inspection report to JCPH. (8) If the system contains a proprietary product requiring maintenance by manufacturer- authorized personnel, the Homeowner Operator shall include written documentation of such maintenance as part of the required inspection reports. (9) A bond is not required for Homeowner Operator certificates. • JC Code 8.15 revised 2007 page 28 of 53 DRAFT • (10) Continuing Education: A system-type specific refresher and test authorized by JCPH is required within one year prior to each renewal of the Homeowner Operator certificate. Fees may be charged. (11) Renewal of Certificate. Certificate renewal is required every three years. Application, fees, and proof of continuing education shall be submitted to JCPH prior to each inspection. The certificate shall not be issued or renewed if the applicant is found by the Health Officer to be out of compliance or in violation of the provisions of this chapter. (12) Suspension/Revocation. A Homeowner Operator certificate may be revoked or suspended as set forth in 8.15.180 if he/she has been found to be in noncompliance with the terms of this chapter or has performed with negligence, incompetence, or misrepresentation. • • JC Code 8.15 revised 2007 page 29 of 53 DRAFT • Option 3:Similar to #2, but limited to only one OSS serving their primary residence. • 8.15.145 HOMEOWNER OPERATOR (1) A Homeowner Operator certificate allows the certificate holder to inspect one OSS serving his/her primary residence. An individual may not hold more than one Homeowner Operator certificate. (2) A sewage system Homeowner Operator certificate is issued to a particular individual and shall not be transferable. (3) Requirements for a Homeowner Operator certificate shall include all of the following: k. Application shall be made on forms provided by JCPH and specify the OSS to be inspected. I. Certificate and/or application fees as set forth in the Fee Schedule shall be payable to JCPH. Each certificate shall be charged a separate fee. m. Written proof of completion of operation and monitoring classes provided by a JCPH-approved agency within the past three years. This class must cover the applicant's specific system type. Fees may be charged for this class. n. Take and pass a written examination from a JCPH-approved agency within the past three years to verify the applicant's knowledge of the operation and monitoring for their specific system type. Fees may be charged for this examination. (4) The Homeowner Operator certificate does not authorize the holder of that Certificate . to maintain a proprietary product that requires maintenance by a manufacturer- authorized person. (5) The Homeowner Operator shall report failure of an on-site sewage system to JCPH within 24 hours of first identifying the failure. (6) Inspection Reports shall be submitted by the Homeowner Operator to JCPH or other authorized agency within thirty (30) days following the inspection, and shall be accompanied by the required fees. By submitting these reports, Homeowner Operators shall warrant that they have performed at least the minimum 0 & M inspections required in these regulations for the respective system by visiting the site, visually inspecting all tanks, pump basins and other components of the system as detailed on the record drawing for inspection access (as applicable to era and system type), and completing and submitting all required documents to JCPH. (7) Maintenance items shall be reported on the inspection report to JCPH. (8) If the system contains a proprietary product requiring maintenance by manufacturer- authorized personnel, the Homeowner Operator shall include written documentation of such maintenance as part of the required inspection reports. (9) A bond is not required for Homeowner Operator certificates. (10) Continuing Education: A system-type specific refresher and test authorized by JCPH is required within one year prior to each renewal of the Homeowner Operator certificate. Fees may be charged. (11) Renewal of Certificate. Certificate renewal is required every three years. Application, fees, and proof of continuing education shall be submitted to JCPH prior JC Code 8.15 revised 2007 page 30 of 53 DRAFT • to each inspection. The certificate shall not be issued or renewed if the applicant is found by the Health Officer to be out of compliance or in violation of the provisions of this chapter. (12) Suspension/Revocation. A Homeowner Operator certificate may be revoked or suspended as set forth in 8.15.180 if he/she has been found to be in noncompliance with the terms of this chapter or has performed with negligence, incompetence, or misrepresentation. • • JC Code 8.15 revised 2007 page 31 of 53 DRAFT . Option 4:Similar to #1, with a limit of three OSS. Allows inspection ofrental properties. • 8.15.145 HOMEOWNER OPERATOR (1) A Homeowner Operator certificate allows the certificate holder to inspect one OSS serving property that he/she owns regardless of the quantity of properties owned by the landowner holding a Homeowner Operator Certificate. An individual owning multiple OSS may hold no more than three Homeowner Operator certificates. (2) A sewage system Homeowner Operator certificate is issued to a particular individual and shall not be transferable. (3) Requirements for a Homeowner Operator certificate shall include all of the following: o. Application shall be made on forms provided by JCPH and specify the OSS to be inspected. p. Certificate and/or application fees as set forth in the Fee Schedule shall be payable to JCPH. Each certificate shall be charged a separate fee. q. Written proof of completion of operation and monitoring classes provided by a JCPH-approved agency within the past three years. This class must cover the applicant's specific system type. Fees may be charged for this class. r. Take and pass a written examination from a JCPH-approved agency within the past three years to verify the applicant's knowledge of the operation and monitoring for their specific system type. Fees may be charged for this examination. • s. An individual's completion of the class and passing of the examination may, if applicable based on system'type, be applied to more than one Homeowner Operator certificate,. (4) The Homeowner Operator certificate does not authorize the holder of that Certificate to maintain or repair an OSS of which the Homeowner Operator is not a resident owner, nor to maintain a proprietary product that requires maintenance by a manufacturer-authorized person. (5) The Homeowner Operator shall report failure of an on-site sewage system to JCPH within 24 hours of first identifying the failure. (6) Inspection Reports shall be submitted by the Homeowner Operator to JCPH or other authorized agency within thirty (30) days following the inspection, and shall be accompanied by the required fees. By submitting these reports, Homeowner Operators shall warrant that they have performed at least the minimum 0 & M inspections required in these regulations for the respective system by visiting the site, visually inspecting all tanks, pump basins and other components of the system as detailed on the record drawing for inspection access (as applicable to era and system type), and completing and submitting all required documents to JCPH. (7) Maintenance items shall be reported on the inspection report to JCPH. (8) If the system contains a proprietary product requiring maintenance by manufacturer- authorized personnel, the Homeowner Operator shall include written documentation of such maintenance as part of the required inspection reports. (9) A bond is not required for Homeowner Operator certificates. • JC Code 8.15 revised 2007 page 32 of 53 • DRAFT • (10) Continuing Education: A system-type specific refresher and test authorized by JCPH is required within one year prior to each renewal of the Homeowner Operator certificate. Fees may be charged. (11) Renewal of Certificate. Certificate renewal is required every three years. Application, fees, and proof of continuing education shall be submitted to JCPH prior to each inspection. The certificate shall not be issued or renewed if the applicant is found by the Health Officer to be out of compliance or in violation of the provisions of this chapter. (12) Suspension/Revocation. A Homeowner Operator certificate may be revoked or suspended as set forth in 8.15.180 if he/she has been found to be in noncompliance with the terms of this chapter or has performed with negligence, incompetence, or misrepresentation. [end of Section 145 and its options] • . JC Code 8.15 revised 2007 page 33 of 53 DRAFT 8.15.150 OPERATION, MAINTENANCE AND MONITORING • (1) Responsibility of Owner(s). The owner of every residence, business, or other place where persons congregate, reside or are employed that is served by an OSS, and each person with access to deposit materials in the OSS shall use, operate, and maintain the system to eliminate the risk to the public associated with improperly treated sewage. Owners' duties are included, without limitation, in the following list: a. They shall comply with the conditions stated on the on-site sewage permit. b. They shall employ an approved pumper to remove the septage from the tank(s) when the level of solids and scum indicates that removal is necessary. The septic tank shall be pumped when the total amount of solids equals or exceeds one-third (1/3) the volume of the tank. The pump and/or siphon chamber(s) shall be pumped when solids are observed. c. They shall not use water in quantities that exceed the OSS's designed capacity for treatment and disposal. d. They shall not deposit solid, hazardous waste, or chemicals other than household cleaners in the OSS. e. They shall not deposit waste or other material that causes the effluent entering the drainfield to exceed the parameters of residential/household waste strength. f. They shall not build any structure in the OSS area or reserve area without express, prior consent of the Health Officer. g. They shall neither place nor remove fill over the OSS or reserve area without express, prior consent of the Health Officer. • h. They shall not pave or place other impervious cover over the OSS or reserve area. i. They shall divert drains, such as footing or roof drains away from the area of the OSS. j. They shall comply with inspection requirements in JCC 8.15.150, JCPH Policy 04-01, and WAC 246-272A or as amended. k. They shall complete maintenance and repair of the OSS as recommended by the monitoring entity. I. They should not dispose of excess food waste via a garbage disposal. m. They should not drive, park or store vehicles or equipment over the drainfield or reserve area. n. They should not allow livestock access to the OSS area or reserve area. o. They shall comply with WAC 246-272A-270. p. They shall ensure that all maintenance or repair is performed by an authorized person and reported to JCPH on approved forms. q. If a reserve area has not been approved by JCPH, they shall protect and maintain all potentially-useable land under contiguous ownership to the same standards required for a reserve area. (2) Breach of Owner's Responsibilities. An owner's or occupier's failure to fulfill any of the responsibilities in 8.15.150 (1) shall be a basis for a Notice of Violation and for the Health Officer to decline to issue approval for further development on the parcel. II JC Code 8.15 revised 2007 page 34 of 53 DRAFT • (3) When an OSS contains a proprietary product that requires ongoing operation and maintenance as a condition of approval per WAC 246-272A or the RS&G, a restrictive covenant shall be recorded to the title of the property. This covenant shall state that the site is served by an alternative method of sewage disposal that requires regular maintenance by a JCPH-certified O&M Specialist who is also authorized by the device manufacturer. The covenant shall be provided by the Health Officer and shall be recorded prior to final approval of the OSS. (4) The Health Officer shall be responsible to make available written guidance on the proper maintenance and operation of the OSS to the owner. Information shall be made available at JCPH. (5) Certificate Required a. It shall be unlawful for any person, firm or corporation, other than JCPH, to engage in any operation and monitoring inspection required by JCPH without holding either: i. a valid Operation and Monitoring Specialist certification from JCPH ii. a valid license from the Washington Department of Licensing to design on-site sewage systems iii. a valid Homeowner Operator certification from JCPH. b. It shall be unlawful for any person, firm, or corporation to maintain an OSS without holding a valid Designer license or certification as an Installer, O&M Specialist, or Pumper. This also includes vacuuming or jetting an OSS. EXCEPT Resident Owners may maintain their own OSS, provided that the resident owner does not arrange for, nor contract, nor hire, with or without • reimbursement, any person or concern to perform that work, unless that person holds a valid Designer license or certification as an Installer, O&M Specialist, or Pumper. (6) Inspection Requirements. a. The owner shall assure a complete evaluation of the system components and/or property to determine functionality, maintenance needs and compliance with regulations and any permits: i. At least once every three years for all systems consisting solely of a septic tank and gravity drainfield; ii. Annually for all other systems unless more frequent inspections are specified by these regulations or the local health officer. b. Annual Professional O&M Inspections are required of any OSS that: i. Receives wastewater of greater than residential strength ii. Receives wastewater from a food-service establishment. iii. Is permitted as a nonconforming repair iv. Has horizontal setbacks to a well or surface water less than that required by WAC 246-272A or as amended v. Is in a Marine Recovery Area or other area as designated by the Jefferson County Board of Health. c. Treatment devices and Proprietary products. An OSS containing a treatment device or proprietary product shall be inspected at the frequency established • in the RS&G, if: JC Code 8.15 revised 2007 page 35 of 53 DRAFT i. The treatment device or proprietary product is required in order to meet a treatment standard, or • ii. Chapter 246-272A WAC or the RS&G require ongoing operation and maintenance as a condition of approval d. The Health Officer may require more frequent inspections for systems where a problem has been identified. e. Multiple Requirements. If the manufacturer, patent holder, state, JCPH, and any other relevant body have differing recommendations or requirements for inspection and maintenance intervals for an OSS or any component of the OSS, then the owner shall follow the most frequent service interval. (7) Operations and Monitoring Agreement. a. The owner of any site where a permit is issued for an on-site sewage component shall complete and record to the property title an Operations and Monitoring Agreement prior to finalization of the permit. The agreement shall be on a form approved by the Public Health Department. b. The owner of an OSS shall be subject to a permit condition requiring compliance with the inspection schedule specified in JCC 8.15 Table 1 beginning with the earliest of the following events: i. The installation of an OSS. ii. The repair of an OSS. iii. The modification of an OSS. c. Owners of existing OSS that have not yet received an initial O&M Inspection, or that are not in compliance with the monitoring schedule in Table 1, shall obtain a Professional O&M Inspection and comply with the inspection • schedule specified in JCC 8.15 TABLE 1 beginning with the earliest of the following events: i. The sale or transfer of the property. The inspection report must be on file with JCPH prior to the sale or transfer. ii. The application for a building permit on the site, per JCPH Policy 04- 01 or as amended. iii. The use of an OSS as a community OSS. iv. Identification that any component of an OSS 1. Receives wastewater of greater than residential strength. 2. Receives wastewater from a food-service establishment. 3. Is permitted as a nonconforming repair 4. Is within 200' of surface water, as measured from the ordinary high water mark. 5. Is within 200' of a Category I or II wetland, 6. Is in a 100yr floodplain, as defined by the Federal Emergency Management Agency. 7. Is in a Special Aquifer Recharge Protection Areas as defined in JCC 18.15.240 or as amended. 8. Is in a Marine Recovery Area or other area as designated by the Jefferson County Board of Health. v. January 1, 2015 • JC Code 8.15 revised 2007 page 36 of 53 DRAFT • (8) Operation and Monitoring Requirements. a. On-site Sewage Systems in Jefferson County shall be inspected and monitored as set forth in JCC 8.15 TABLE 1 by an approved monitoring entity that meets the standards set forth in 8.15.140. EXCEPT: Systems consisting solely of a septic tank with a gravity connection to a community drainfield may be inspected by an individual holding a valid Septic Tank Pumper certificate. b. Access Required. The owner of the system shall provide access to the system for inspection and maintenance/monitoring as follows: i. Septic tank. Septic tanks shall be fitted with watertight pumping access risers to the ground surface over both compartments and over the outlet baffle, EXCEPT, as set forth in 8.15.090 (10). The risers shall have a means to lock or secure the lid against tampering and accidental access. ii. Pump Chamber. Pump chambers shall have a watertight riser to ground surface over the pump. The riser shall have a means to lock or secure the lid against tampering and accidental access. iii. Proprietary Devices and Disinfection Equipment. Access shall be provided as determined by the manufacturer or patent holder and shall include access to ground surface for effluent sample collection, observation and inspection of the unit. c. Fees for inspections and contracts shall be set by the service provider. (9) Inspection Report. The inspection report shall be submitted to JCPH on approved paper or electronic forms. The inspection report form shall be completed in full for an • inspection to be considered valid. (10) Professional O&M Inspection Required: a. At the following events, owners of existing OSS must obtain a Professional O&M Inspection unless the OSS has had a Professional O&M Inspection within the time frame specified in Table 1. A Homeowner O&M Inspection shall not be used to satisfy this requirement. i. The initial O&M inspection for a new or existing system that has not yet received a Professional O&M Inspection. ii. The sale or transfer of a property. The inspection report must be on file with JCPH prior to the sale or transfer. iii. The application for a building permit on the site per JCPH Policy 04- 01 or as amended. b. If an OSS meets the following criteria, all required inspections must be Professional O&M Inspections. A Homeowner O&M Inspection shall not be used to satisfy this requirement. i. Receives wastewater of greater than residential strength. ii. Receives wastewater from a food-service establishment. iii. Is permitted as a nonconforming repair iv. Has horizontal setbacks to surface water or a well less than that required by WAC 246-272A or as amended. v. Is in a Marine Recovery Area or other area as designated by the Jefferson County Board of Health. • JC Code 8.15 revised 2007 page 37 of 53 DRAFT 8.15.165 WAIVER OF STATE OR LOCAL REGULATIONS . (1) Applicability. Any person who owns or operates an OSS may apply to the Health Officer for a waiver from any paragraph of these regulations. (2) Granting Requirements. a. The Health Officer may grant such a waiver if it finds that: i. Special circumstances exist that are not of the applicant's making; ii. An unnecessary hardship will occur without the waiver; iii. The Health Officer has determined that the waiver is consistent with the standards in, and the intent of, the public health protection purpose and objectives of these rules; iv. Corresponding mitigation measure(s) to assure that public health and water quality protection, at least equal to that established by these rules, is provided. b. The Health Officer may grant a waiver conditioned by a timetable if: i. Compliance with this regulation will require spreading of costs over a considerable time period; and ii. The timetable is for a period that is needed to comply with this regulation. c. The Health Officer may grant waivers from these regulations for standards that are more stringent than the standards of Chapter 246-272A WAC, or from provisions in these regulations that are not contained in Chapter 246- 272A without Department of Health approval. (3) Application. a. The application shall be made on forms provided by JCPH and accompanied by the required fees and all information required by the Health Officer or designee. b. The Health Officer may request additional information if required to make a decision. c. An application for a waiver, or for the renewal thereof, submitted to the Health Officer shall be approved or disapproved by the Health Officer within ninety (90) calendar days of receipt unless the applicant and the Health Officer agree to a continuance. (4) Renewal. The Health Officer may renew any waiver granted pursuant to this paragraph on terms and conditions and for periods that would be appropriate on initial granting of a waiver. No renewal shall be granted except on written application. Any such application shall be made at least sixty (60) calendar days prior to the expiration of the variance. JCC 8.15.170 APPEAL/HEARING (1) Appeal of Public Health Action — Health Officer Administrative Hearing. Any person aggrieved by the contents of a notice and order to correct violation issued under this regulation, or by any inspection, permit issuance or enforcement action conducted by Public Health under this regulation, may request, in writing, a • JC Code 8.15 revised 2007 page 38 of 53 • DRAFT 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 Public Health. Such request shall be presented to the Health Officer within ten (10) business days of the action appealed; except in the case of a suspension, the request for a hearing must be made within five (5) business days. Upon receipt of such request together with hearing fees, the Health Officer shall notify the person of the time, date, and place of such hearing, which shall be set at a mutually convenient time not less than five (5) business days nor more than thirty (30) business days from the date the request was received. The Health Officer will issue a decision upholding or reversing Public Health's action. The Health Officer may require additional actions as part of the decision. (2) Appeal of Administrative Hearing. a. Any person aggrieved by the findings or required actions of an administrative hearing 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 Health Officer within five (5) business days of the findings and actions from the administrative hearing and shall be accompanied by a fee as established in the current Public Health fee schedule. The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the Health Officer. The appellant and the Health Officer may submit additional information to the Board of Health for review. b. The notice and order to correct violation 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 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 together with the hearing fee, 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 five (5) business days or more than thirty (30) business days from the date the appeal was received by the Health Officer. d. Any decision of the Board of Health shall be final and may be reviewed by an action filed in superior court. Any action to review the Board's decision must be filed within thirty (30) business days of the date of the decision. (3) All revocation hearings shall be conducted by the Board of Health. (4) The following guidelines apply to all hearings and appeals conducted by the Board of Health pursuant to this section: a. Appeals shall be made in writing and shall be signed and dated by the petitioning party. b. Appeals shall include a brief and concise statement of the law and facts, which affirmatively establish that the Health Officer has committed an error. c. Appeals shall be transmitted to the Board of Health by JCPH following receipt from the petitioning party together with all relevant material associated with • JC Code 8.15 revised 2007 page 39 of 53 DRAFT • the Health Officers action, including but not limited to, applications, reports, soil logs, photographs, staff analysis and recommendations. d. Upon receipt of the appeal materials transmitted by JCPH, the Board of Health shall conduct a hearing to determine the correctness of the decision by the Health Officer within thirty-five (35) days. The petitioner shall be given five (5) days' notice by certified mail of the purpose, time, date and place of said hearing. Further, if the petitioning party is a person other than the permit applicant or a permit holder, then notice of the purpose, time, date, and place of said hearing shall likewise be mailed by certified mail to the permit applicant or permit holder. e. Any hearing conducted pursuant to this section shall be a public hearing and the chairperson of the Board of Health shall open the hearing and take testimony from any interested persons; provided, that testimony in suspension or revocation hearings shall be limited to that presented by the Health Officer, the certificate holder and any witness called by them; provided further, that the chairperson may limit the length of the testimony to a specific amount of time to be applied equally to those interested persons wishing to speak except in suspension or revocation hearings where the Board of Health is authorized to use its discretion. f. The procedure to be utilized during any hearing conducted pursuant to this section shall be as follows: i. The petitioning party, permit applicant, or permit holder and the Health Officer, if not the petitioning party, shall be given an opportunity to present evidence, analysis and recommendations. • ii. Members of the Board of Health may direct questions to the petitioning party, permit applicant or permit holder and Health Officer. iii. The chairperson of the Board of Health shall permit the presentation of testimony by any interested person as set forth in this chapter. iv. Following presentation of evidence and testimony, the chairperson of the Board of Health shall close the hearing and initiate discussion with other board members on the matters presented. v. Following discussion, the Board of Health shall make ruling on the appeal. vi. Under no circumstances shall cross-examination of persons making presentations at the hearing be permitted, notwithstanding that the Board of Health may ask questions as set forth above. g. Should the Board of Health require additional testimony, it may continue the public hearing to a date and time not to exceed thirty-five (35) days following the date of the initial public hearing; PROVIDED that at the close of the second public hearing the Board of Health may continue its deliberations on the appeal to another time and date not to exceed thirty-five (35) days following the close of the second public hearing conducted to receive additional testimony. In all other cases the Board of Health may continue its deliberations on the appeal to another date and time not to exceed thirty-five (35) days following the close of the public hearing. JC Code 8.15 revised 2007 page 40 of 53 DRAFT • h. Relevant evidence is admissible, if in the opinion of the Board of Health it is the best evidence reasonably obtainable having due regard for its necessity, availability and trustworthiness; provided that, in passing upon the admissibility of evidence the Jefferson County Board of Health may give consideration to, but shall not be bound to follow the rules of evidence governing civil proceedings in matters not involving trial by jury in the Superior Court of the State of Washington. i. A full and complete record shall be kept of all proceedings and all testimony shall be recorded. The record of testimony and exhibits together with all papers and requests filed in the proceedings shall constitute the exclusive record for the decision in accordance with the law. j. All decisions shall become a part of the record and shall include a statement of Findings and Conclusions. k. Notice of the decision of the Board of Health shall be provided not later than ten (10) days following the date of its decision. I. The petitioning party, permit applicant, permit holder, or designated agent, and JCPH shall be notified of the decision of the Board of Health, together with the Findings and Conclusions. JCC 8.15.180 ENFORCEMENT/PENALTY (1) Other Laws, Regulations and Agency Requirements a. All OSS management shall be subject to the authority of other laws, • regulations or other agency requirements in addition to these rules and regulations. Nothing in these rules and regulations is intended to abridge or alter the rights of action by the state or by persons, which exist in equity, common law or other statutes to abate pollution or to abate a nuisance. b. If a conflict exists between the interpretation of Chapter 246-272A WAC and these regulations, the more stringent regulation shall apply to better protect public health and the environment. (2) Enforcement Authority. The Health Officer, his or her designee, or any person appointed as an "Enforcement Officer" by the Jefferson County Board of Health shall have the authority to enforce the provisions of these regulations equally on all persons. The Health Officer is also authorized to adopt rules consistent with the provisions of these rules and regulations for the purpose of enforcing and carrying out its provisions. (3) Right of Entry a. Whenever necessary to make an inspection to enforce or determine compliance with the provisions of these regulations, and other relevant laws and regulations, or whenever the Health Officer has cause to believe that a violation of these regulations has or is being committed, the Health Officer or his/her duly authorized inspector may, in accordance with federal and state law, seek entry of any building, structure, property or portion thereof at reasonable times to inspect the same. b. Prior to entering any building, structure, property or portion thereof the Health Officer or his/her duly authorized inspector shall attempt to secure the JC Code 8.15 revised 2007 page 41 of 53 DRAFT consent of the owner, occupant or other person having apparent charge or control of said building, structure, property or portion thereof. • i. If such building, structure, property or portion thereof is occupied, the inspector shall present identification credentials, state the reason for the inspection, and request entry. ii. In attempting to contact the owner, occupier or other persons having apparent control of said building, structure, property or portion thereof, the inspector may approach said building or structure by a recognizable access route, e.g., a street or driveway, leading to said building or structure. c. If permission to enter said building, structure, property or portion thereof is not obtained from the owner, occupier or other persons having apparent control of said building, structure, property or portion thereof the inspector may enter said building, structure, property or portion thereof only if the entry into the building, structure, or property is consistent with applicable state and federal law. d. If permission to enter said building, structure, property or portion thereof is not obtained from the owner, occupier or others persons having apparent control of said building, structure, property or portion thereof, the Health Officer or his/her duly authorized inspector shall also have recourse to any other remedies provided by law to secure entry, including but not limited to search warrants based on probable cause or statutory authority. (4) Notice and Order to Correct Violation a. Issuance. Whenever the Health Officer determines that a violation of these 1110 regulations has occurred or is occurring, he/she may issue a written notice and order to correct violation to the property owner or to any person causing, allowing or participating in the violation. b. Content. The notice and order to correct violation shall contain: i. The name and address of the property owner or other persons to whom the notice and order to correct violation is directed; ii. The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; iii. A description of the violation and a reference to that provision of the regulation, which has been violated; iv. 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; v. 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's continuance shall be a separate and distinct violation; vi. A statement that the person, to whom the Notice and Order is directed, can appeal the Order to the Health Officer, in accordance with the terms of this Chapter, and that any such appeal must be presented to the Health Officer with ten days; vii. A statement that the failure to obey this notice may result in the issuance of a notice of civil infraction, and/or the assessment of an JC Code 8.15 revised 2007 page 42 of 53 • DRAFT • administrative remedy, and/or, if applicable, the imposition of criminal penalties. c. Receipts. The notice and order to correct violation may also include a statement requiring the person to whom the notice and order to correct violation is directed to produce receipts from a certified professional to demonstrate compliance with an order issued by the Health Officer. d. Service of Order. The notice and order to correct violation shall be served upon the person to whom it is directed, either personally or by mailing a copy of the order to correct violations by first class and / or certified mail postage prepaid, return receipt requested, to such person at his/her last known address. The notice and order to correct violation shall also be served via certified mail/return receipt requested to the owner of the parcel or parcels where the alleged violations are occurring, to the owner's last known address. e. Extension. Upon written request received prior to the correction date or time, the Health Officer may extend the date set for corrections for good cause. 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 notice and order to correct violation. The supplemental order shall be governed by the same procedures applicable to all notice and order to correct violations procedures contained in these regulations. • g. Enforcement of Order. If, after any order is duly issued by the Health Officer, the person to whom such order is directed fails, neglects, or refuses to obey such order, the Health Officer may: i. Utilize any remedy or penalty under Section 180(5) of these regulations; and/or ii. Abate the health violation using the procedures of these regulations; and/or iii. Pursue any other appropriate remedy at law or equity. 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 act. Failure to comply with the assurance of discontinuance shall be a further violation of this regulation. (5) Violations, Remedies and Penalties a. Violations. i. Violations of these regulations may be addressed through the remedies and penalties provided in this section. ii. Each violation of these regulations shall be a separate and distinct offense and in the case of a continuing violation, each day's continuance shall be considered a separate and distinct violation. iii. The Health Officer may investigate alleged or apparent violations of these regulations. Upon request of the Health Officer or designee, the person allegedly or apparently in violation of these regulations shall • provide information identifying themselves. JC Code 8.15 revised 2007 page 43 of 53 DRAFT iv. Violations, apparent or alleged, that occurred or are occurring in critical areas, as that term is defined in this Chapter, of Jefferson County will • have the highest priority for investigation by those persons charged in this Chapter with investigating such violations and enforcing this Chapter and such violations will be subject to a 'zero tolerance' policy. b. Civil Remedies. i. Except as provided in Section 180, the violation of any provision of these regulations is designated as a Class 1 civil infraction pursuant to Chapter 7.80 RCW, Civil Infractions. ii. In addition to or as an alternative to any other judicial or administrative remedy provided herein, or by law, any person or establishment who violates this regulation, may be assessed a civil penalty up to $513.00 per day of continuous violation to be directly assessed by the Health Officer until such violation is corrected. iii. The Health Officer may issue a notice of civil infraction pursuant to Chapter 7.80 RCW if the Health Officer 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 notice and order to correct violation. Civil infractions shall be issued, heard and determined as described in Chapter 7.80 RCW, and any applicable court rules. iv. All other legal and equitable remedies are also deemed available to Public Health or its Health Officer and may be invoked, utilized or sought at any time regardless of whether other remedies have or have O not been undertaken or sought. c. Criminal Penalties. i. Any person who fails, neglects, or refuses to obey an order of the Health Officer to correct a violation as set forth in Section 180 above shall be, upon conviction, guilty of a misdemeanor and shall be subject to a fine of not more than $1000, or imprisonment in the county jail not to exceed ninety (90) days, or both. The court may also impose restitution. ii. Any person who fails, neglects, or refuses to comply with a written assurance of discontinuance pursuant to Section 180 above shall be, upon conviction, guilty of a misdemeanor and shall be subject to a fine of not more than $1000, or imprisonment in the county jail not to exceed ninety (90) days, or both. The court may also impose restitution. d. Stop-Work Orders. The Health Officer may cause a Stop-Work order to be issued whenever the Health Officer has reason to believe that a violation of this regulation is occurring. The effect of the Stop-Work order shall be to require the immediate cessation of such work or activity that has contributed to the violation until authorized by the Health Officer to proceed. i. Content. A Stop-Work Order shall include the following: 1. The name and address for the person responsible for the alleged violation; . JC Code 8.15 revised 2007 page 44 of 53 • DRAFT • 2. The street address or description sufficient for identification of the building, structure or premises, or land upon or within which the alleged violation has occurred or is occurring. 3. A description of the violation and reference to the provision of the Jefferson County Board of Health Ordinance, which has been allegedly violated; 4. The required corrective action; 5. A statement that a failure to comply with the order may lead to issuance of a civil infraction to the person named in the order; 6. A statement that the person to whom the Stop Work Order is directed can appeal the Order to the Health Officer in accordance with Section 170 of this Chapter and that any such appeal must be presented to the Health Officer within ten days. ii. Service of Notice. The Health Officer shall serve the Stop Work Order upon the owner of the property where the alleged violation occurred or is occurring and the person, firm or business entity that has allegedly violated this Chapter, either personally or by mailing a copy of the notice by regular and certified or registered mail, within a five-day return receipt requested, to the owner at his or her last known address. A copy of the Order shall also be posted on the property where the alleged violation occurred or is occurring. iii. Posting of Notice. In addition to service of the notice listed above, an additional notice shall be posted on the property in substantially the • following form: Under the authority of Jefferson County Public Health Code 8.15 Onsite Sewage Regulations you are hereby required to immediately STOP WORK This order is in effect at this property for all work and activities that relate to violations of Jefferson County Public Health Code 8.15 Onsite Sewage Regulations, and remains in effect until removed by Public Health. It is a violation of these regulations to remove, deface, destroy, or conceal a posted Stop Work Order. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE ISSUANCE OF A CIVIL INFRACTION. e. Voluntary Correction. When the Health Officer determines that a violation has occurred or is occurring, he or she shall attempt to secure voluntary correction by contacting the person responsible for the alleged violation and, where possible, explaining the violation and requesting correction. i. Voluntary Correction Agreement. The person responsible for the alleged violation may enter into a voluntary correction agreement with Public Health. The voluntary correction agreement is a contract between Public Health and the person responsible for the violation in • which such person agrees to abate the alleged violation within a JC Code 8.15 revised 2007 page 45 of 53 • DRAFT specified time and according to specified conditions. The voluntary • correction agreement will be in lieu of the issuance of further citations or the abatement of the property pursuant to RCW 7.48 or of this Chapter. The voluntary correction agreement shall include the following: 1. The name and address of the person responsible for the alleged violation; 2. The street address or other description sufficient for identification of the building, structure, premises, or land upon or within which the alleged violation has occurred or is occurring; 3. A description of the alleged violation and a reference to the regulation, which has been violated; 4. The necessary corrective action to be taken, and a date or time by which correction must be completed; 5. An agreement by the person responsible for the alleged violation that Public Health may enter the property and inspect the premises as may be necessary to determine compliance with the voluntary correction agreement; 6. An agreement by the person responsible for the alleged violation that Public Health may enter the property to abate the violation and recover its costs and expenses (including administrative, hearing and removal costs) from the person responsible for the alleged violation if the terms of the voluntary • correction agreement are not satisfied; and 7. An agreement that by entering into the voluntary correction agreement, the person responsible for the alleged violation waives the right to a hearing before the Health Officer under these regulations or otherwise, regarding the matter of the alleged violation and/or the required corrective action. ii. Right to a Hearing Waived. By entering into a voluntary correction agreement, the person responsible for the alleged violation waives the right to a hearing before the Health Officer under these regulations or otherwise, regarding the matter of the violation and/or the required corrective action. The person responsible for the alleged violation may, by through written documentation provided to the Health Officer, state his or her decision to reject and nullify the voluntary correction agreement, at which time that person is entitled to an appeal to the Health Officer pursuant to Section 170 of this Chapter. iii. Extension and Modification. The Health Officer may, at his or her discretion, grant an extension of the time limit for correction or a modification of the required corrective action if the person responsible for the alleged violation has shown due diligence and/or substantial progress in correcting the violation, but unforeseen circumstances have delayed correction under the original conditions. 0 JC Code 8.15 revised 2007 page 46 of 53 DRAFT • iv. Abatement by Public Health. The county may abate the alleged violation in accordance with Section 180(5)(f) if all terms of the voluntary correction agreement are not met. v. Collection of Costs. If all terms of the voluntary correction agreement are not met, the person responsible for the alleged violation shall be assessed all costs and expenses of abatement, as set forth in Jefferson County Public Health Code 8.15. f. Abatement Orders. Where the Health Officer has determined that a violation of these regulations has occurred or is occurring, he or she may issue an Abatement Order to the person responsible for the alleged violation requiring that the unlawful condition be abated within a reasonable time period as determined by the Health Officer. i. Prerequisite to Abatement Order. Absent conditions which pose an immediate threat to the public health, safety or welfare of the environment, the procedures for abatement of conditions constituting a violation of these regulations should be utilized by Public Health only after corrections of such conditions have been attempted through the use of the civil infractions process. Once it has been determined by Public Health that there is an immediate threat to the public health's safety or welfare and that correction of such conditions has not been adequately achieved through use of the civil infraction process, then Public Health is authorized to proceed with abatement of such • conditions pursuant to these regulations. Public Health shall also attempt to enter into a voluntary corrections agreement prior to issuing an Abatement Order. ii. Content. An Abatement Order shall include the following: 1. The name and address for the person responsible for the alleged violation; 2. The street address or description sufficient for identification of the building, structure or premises, or land upon or within which the alleged violation has occurred or is occurring; 3. A description of the violation and reference to the provision of the Jefferson County Board of Health Ordinance, which has been allegedly violated; 4. The required corrective action and a date and time by which the correction must be completed and after which, the Health Officer may abate the unlawful condition in accordance with this Chapter. 5. A statement that the costs and expenses incurred by Public Health pursuant to of this Chapter, including any amount expended on staff time to oversee the abatement, may be assessed against a person to whom the Abatement Order is directed in a manner consistent with this Chapter; and 6. A statement that the person to whom the Abatement Order is • directed can appeal the Order to the Health Officer in accordance with this Chapter. JC Code 8.15 revised 2007 page 47 of 53 DRAFT • iii. Service of Notice. The Health Officer shall serve the Abatement Order upon the owner of the property where the alleged violation occurred or • is occurring, either personally or by mailing a copy of the notice by regular and certified or registered mail, a five-day return receipt requested, to the owner at his or her last known address. The Order shall also be served on each of the following if known to the Health Officer or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record and the holder of any other estate or legal interest of record in or to the property or any structures on the property. The failure of the Health Officer to serve any person required herein to be served, shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such served person from any duty or obligation imposed by the provisions of this section. A copy of the Order shall also be posted on the property where the alleged violation occurred or is occurring. iv. Authorized Action by Public Health. Using any lawful means, Public Health may enter the subject property and may remove or correct the condition that is subject to abatement. v. Recovery of Costs and Expense. The costs of correcting a condition which constitutes a violation of these regulations, including all incidental expenses, shall be billed to the owner of the property upon which the alleged violation occurred or is occurring, and shall become • due within fifteen calendar days of the date of mailing the billing for abatement. The term "incidental expenses" includes, but is not limited to, personnel costs, both direct and indirect and including attorney's fees; costs incurred in documenting the violation; towing/hauling, storage and removal/disposal expenses; and actual expenses and costs to Public Health in preparing notices, specifications and contracts associated with the abatement, and in accomplishing and /or contracting and inspecting the work; and the costs of any required printing and mailing. vi. Collection of Costs and Expenses. The costs and expenses of correcting a condition, which constitutes a violation of these regulations, shall constitute a personal obligation of the person to whom the Abatement Order is directed. Within fifteen days of abating any violation, the Health Officer shall send the person named in the Abatement Order a bill that details the work performed, materials removed, labor used and the costs and expenses related to those tasks as well as any other costs and expenses incurred in abating the violation. g. Notice to Vacate. When a condition constitutes a violation of these regulations and poses an immediate threat to life, limb, property, or safety of the public or persons residing on the property, the Health Officer may issue a Notice to Vacate. • i. Content. A Notice to Vacate shall include the following: JC Code 8.15 revised 2007 page 48 of 53 • DRAFT 1. The name and address for the person responsible for the 10alleged violation; 2. The street address or description sufficient for identification of the building, structure or premises, or land upon or within which the alleged violation has occurred or is occurring; 3. A description of the violation constituting an emergency and reference to the provisions of the Jefferson County Board of Health regulations, which has been allegedly violated; 4. A date, as determined by the severity of the emergency, by which any persons must vacate the premises. Incase of extreme danger to persons or property immediate compliance shall be required; 5. The required corrective action; 6. A statement that the person to whom the Notice to Vacate is directed can appeal the order to the Health Officer in accordance with Section 170 of this Chapter and that any such appeal must be presented to the Health Officer within ten days. ii. Service of Notice. The Health Officer shall serve the Abatement Order upon the owner of the property where the alleged violation occurred or is occurring, either personally or by mailing a copy of the notice by regular and certified or registered mail, with a five-day return receipt requested, to the owner at his or her last known address. A copy of the Order shall also be posted on the property where the alleged violation • occurred or is occurring. iii. Posting the Notice. In addition to providing service as states above, an additional notice shall be posted on the property in substantially the following form: DO NOT ENTER UNSAFE TO OCCUPY It is a violation of the Jefferson County Board of Health Code 8.15 to occupy this building, or to remove or deface this notice. , Health Officer Jefferson County Public Health iv. Compliance. No person shall remain in or enter any building, structure, or property which has been so posted, except that entry may be made to repair or correct any conditions causing or contributing to the threat to life, limb, property, or safety of the public or persons residing on the property. No person shall remove or deface any such notice after it is posted until the required corrective action has been completed and approved. (6) Appeals — see section 8.15.170. (7) Administrative — Certificate Holders. a. Suspension of Certificate. • JC Code 8.15 revised 2007 page 49 of 53 DRAFT i. The Health Officer may suspend any certificate upon making the • determination, after a hearing between the Health Officer and the certificate holder, that the holder has performed with negligence, incompetence, misrepresentation or failure to comply with the applicable rules, regulations, guidelines, policies or practices which pertain to water supply and waste water disposal, to have made fraudulent misrepresentation in making application for a certificate or to have made fraudulent misrepresentation in making application for a permit to install an on-site sewage system, either existing at the time of certification or as thereafter enacted. ii. The Health Officer shall give written notice of the hearing to any person aggrieved who has filed a written complaint with the Health Officer and the affected certificate holder(s). iii. For the first confirmed violation under this subsection, the suspension period shall not exceed thirty (30) days; and the second violation in any three (3) year period shall result in a suspension of the certificate for a period not less than fifteen (15) days and not to exceed one hundred eighty (180) days. iv. If the Health Officer suspends a certificate, the certificate holder shall not proceed with any further work in connection with the activity covered by the certificate. v. The certificate holder shall be notified by certified mail of suspension of the certificate upon determination of a finding that a violation has • occurred requiring suspension. b. Revocation of Certificate. i. A certificate may be revoked for repeated violation of any of the requirements of these regulations or any other applicable regulation or if, after a hearing with the Board of Health, the holder of such certificate shall be found grossly incompetent or negligent, or to have made fraudulent misrepresentations in making application for a certificate or for a permit to install an on-site sewage system, or should the bond or insurance required herein be cancelled. ii. The Health Officer shall give written notice of the hearing to any person aggrieved who has filed a written complaint with the Health Officer and the affected certificate holder(s). iii. The third Notice of Violation issued by JCPH staff within any twelve (12) month period shall be considered as repeated violations and result in certificate revocation. iv. If the Board of Health revokes a certificate, the certificate holder shall not proceed with any further work in connection with the activity covered by the certificate. v. The certificate holder shall be notified by certified mail of revocation of the certificate, upon determination of a finding that a violation has occurred requiring revocation. vi. If, after revocation of a certificate, the applicant desires to reapply for a certificate, the applicant must wait six (6) months prior to reapplication. JC Code 8.15 revised 2007 page 50 of 53 DRAFT Any person whose certificate has been revoked will be required to pay all applicable fees and take and pass the written examination again before issuance of a new certificate. c. Reinstatement of Suspended or Revoked Certificate. i. The certificate holder shall make written application for reinstatement to the Environmental Health Director specifying what practices, performance, and conditions that were named as grounds for suspension or revocation have been remedied; and the certificate holder will provide a description of the changes in performance that will occur which will directly avoid the repetition of past violations. ii. The Environmental Health Director, upon determining that noted deficiencies have been satisfactorily addressed, shall schedule the individual for participation in the next available examination where applicable. Reissuance of the certificate is subject to the individual's successful completion of the application and testing procedure and payment of testing and certification fees as per the Fee Ordinance. d. Probation. A period of probation consisting of additional reporting or inspection requirements may be imposed on a certificate holder as a result of violations of these rules or as a condition of operation following suspension/revocation of a certificate. Said period and requirements shall be the decision of the Health Officer and shall be determined after an administrative hearing with the certificate holder. e. Appeal. Any person feeling aggrieved because of the suspension or denial of a certificate by the Health Officer may, within fifteen (15) days of the suspension or denial, appeal to the Board of Health as set forth in JCC 8.15. 170. (8) Administrative — Property Owners a. Notice to Title. If the Health Officer finds than an owner has failed to comply with the requirements of this regulation, AND all administrative remedies have been exhausted, AND the case has been forwarded to the Jefferson County Prosecuting Attorney for further action, the Health Officer may record a Notice of Potential Uncorrected Violation finding on the title of the property with the Jefferson County Auditor. b. Removal of Notice. The owner shall make written request to the Health Officer for rescission of the Notice to Title. The request shall specify corrective actions that have been completed. c. The Health Officer, upon determining that noticed violation has been corrected, shall record a Rescission of Notice with the Jefferson County Auditor. d. The owner shall pay fees as required to complete inspection(s) to verify correction and to record the Rescission prepared by JCPH. JCC 8.15.190 SEVERABILITY 4111 Provisions of these rules and regulations are hereby declared to be separable, and if JC Code 8.15 revised 2007 page 51 of 53 DRAFT any section, subsection, sentence, clause, phrase, or portion of these rules and • regulations is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of these rules and regulations. JCC 8.15.200 FEES (1) Fees shall be as per Jefferson County Public Health Fee Schedule. (2) Refunds shall not be granted if field investigation, plan review, site visit or design review has been completed by JCPH. (3) A refund of the application fee minus an administrative fee of forty-five dollars ($45.00) shall be granted upon written request of the applicant/owner, EXCEPT as noted in (2) above. (4) All Sewage System Installer's, Septic Tank Pumper's, and Operation and Monitoring Specialist Certificates are renewable annually on March 1. Should any renewal fee remain unpaid by March 31, a penalty fee according to the Fee Schedule shall be charged. Previously issued certificates shall become void if not renewed prior to April 1. (5) Fees generated under this authority cannot be used to support non-public health activities. JCC 8.15.210 EFFECTIVE DATE • This chapter shall be effective ten (10) days after approval is obtained from the Department of Health as per WAC 246-272A-0015 (10) JCC 8.15.220 CONFLICT Where other County regulations are in conflict with this ordinance, the more restrictive regulation shall apply and such application shall extend only to those specific provisions that are more restrictive. • JC Code 8.15 revised 2007 page 52 of 53 DRAFT TABLE 1: OPERATION & MONITORING INSPECTION SCHEDULE FOR ONSITE SEWAGE SYSTEMS Type Of System Standard OSS OSS meeting criteria in 8.15.150.6(b) OSS consisting solely Every 3 years, Annually, of a septic tank and gravity drainfield Professional or Homeowner Professional Other systems not Annually, Annually, containing proprietary products Professional or Homeowner Professional Systems containing Annually unless more Annually unless more frequent proprietary products` frequent inspections are inspections are required per required per DOH or DOH or manufacturers' manufacturers' guidelines, guidelines, Professional or Homeowner Professional These inspections do not alleviate the responsibility of the homeowner to complete inspections as required in the 0 & M Manual provided by the system designer and maintain the system when problems are observed. All maintenance of proprietary devices shall be completed by factory authorized personnel. . • JC Code 8.15 revised 2007 page 53 of 53 o. £� '.JEFFERSON COUNTY PUBLIC HEALTH 615 Sheridan Street • Port Townsend •Washington • 98368 www.jeffersoncountypublichealth.org What is the Board of Health considering today? Today the Jefferson County Board of Health (BOH) will consider a set of revisions to the county septic code (JCC 8.15). On July 1, 2007, the revised Washington State septic law (WAC 246-242A) went into effect. We are updating our county code to reflect the changes to this state law. Today's revisions will update the operations and monitoring (O&M) requirements and add choices for the homeowner on how to meet these new state requirements. Part of this revision process has been a series of eight public meetings throughout the county during the month of October. Several hundred people attended these meetings. We introduced our ideas for the new O&M program, and gathered feedback from county residents. That positive feedback has been an important part of shaping the code that the BOH will consider today. JCPH views privately owned well functioning septic systems as an asset to their owners and to their property value as well as public health. Regular O&M is an important mechanism in preserving a well functioning septic system and is analogous to regular maintenance on your vehicle: it can save the owner in costly repairs due to failure. How often will I have to inspect my system? State law already requires that gravity systems be inspected every three years,with all other systems inspected once a year. For some septic systems, this is more frequent than previous state and county laws allowed. We are not allowed to have county code less stringent than state law, so today's revisions will reflect the schedule in state law. We are also continuing our current policy of requiring an O&M inspection before the sale of the property. The proposed revisions call for all systems in the county receiving O&M inspections by 2015, so this will be phased in gradually. If today's revisions are not passed, however,we will be required to default to the state law which has no similar provisions for homeowner O&M or delayed implementation. Who can inspect my system? What will it cost? You can have your septic system inspected by any of the six certified private O&M Specialists or a licensed Septic System designer. Prices vary between contractors, $125-250 depending on system type, and some offer contracts or other reduced-cost options to compete for your business. An important part of today's revisions includes the new Homeowner Operator (O&M) program which will allow homeowners to inspect their own septic systems. The BOH will consider between four options for this program. Homeowner operator O&M was requested by citizens as a proactive way that we could implement the state law while meeting the needs of Jefferson County residents. • COMMUNITY HEALTH PUBLILTH ENVIRONMENTAL HEALTH DEVELOPMENTAL DISABILITIES ALV�AYS dORC r HEAOR A A Q NATURAL RESOURCES MAIN: 360-385-9400 MAIN:360-385-9444 FAX:360-385-9401 HEALTHIER COMMUNITY FAX:360-385-9401 In late December the PUD sent out letters to its customers about changes to the Operations and Monitoring program that was in error. This is the letter that should have been sent: To: Homeowners with a Municipal Oversight (MOS) contract with Jefferson County PUD #1 and/or who own an individual On-Site Sewage System On July 1, 2007, the Washington state code governing septic systems changed the frequency of required Operations and Maintenance (O&M) inspections. The new requirements are: • Every three years for gravity systems without pumps • Annually for all other system types, including pump-to-gravity, pressurized, etc. Due to these changes in State law which the PUD is not set up to meet, Jefferson County Public Health (JCPH), as the responsible agency, has developed and is implementing four options for you to have O&M performed on your system: 1. Choose a private contractor from a list of county-certified O&M Specialists for any required inspection, or 2. Enter into a 5-year contract with an O&M Specialist who would perform all required O&M inspections for a set price, or 3. Become certified to perform your own O&M inspections through the county Homeowner Operator certification process. Please be aware that not all septic systems are eligible for this option, for example because of proximity to shorelines or wells. 4. You can maintain your current MOS contract with the PUD -- with the understanding that the per inspection fee will be $200.00 per visit and you must request and schedule with the PUD to do the inspection (385-5800 ext 303) • Whichever option you choose, it is your responsibility to ensure that your septic system receives its required O&M inspections. JCPH will notify homeowners by mail when their inspections are due. The Homeowner Operator certification (Option#3) will require taking a class for your specific type of system, passing a test to demonstrate your knowledge, and applying for and maintaining certification through JCPH. Classes will be offered through the Washington On-Site Sewage Association (WOSSA). Fees will be charged for classes, testing, and certification; the PUD will sponsor a few classes at a reduced fee for low-income and disabled homeowners. Class signups will not be available until at least February 2008, after the revised Jefferson County Septic Code is adopted by the Jefferson County Board of Health. People interested in Homeowner Operator certification should contact JCPH beginning in February 2008 to go over eligibility and details before signing up. For more information, visit www.jeffersoncountypublichealth.org for a link to WOSSA's website, a list of certified O&M Specialists, and a PowerPoint presentation explaining some of the changes. Updates will be posted as we have more information. You can also call JCPH at 360-385-9444 to speak with Angela Pieratt about O&M requirements, or call the PUD at 385- 5800 x307 to speak with Jim Parker about changes in the MOS program. 111 • Board of 3-CealtGt Netiv Business .Agenda Item # TI., 2 • Pu6Cic .fearing: ProposedFee Schedule Changes January 17, 2008 • • DRAFT Fee Schedule Proposed amendment to add to the existing Jefferson County Public Health Fees, Ordinance No. 11-1215-05 certain new fees in conjunction with revisions to Jefferson County Septic Code 8.15, said revisions intended to update and implement the Operation and Monitoring requirements and add the new homeowner operator program. These revisions reflect changes in WAC 246.272A. The additional new fees proposed to be added to the existing Jefferson County Public Health Fees (Ordinance No. 11-1215-05) are: ENVIRONMENTAL HEALTH 2008 FEES Additional Fees and Other Information Evaluation of Existing System/Monitoring Inspection Filing Fee—Electronic 39.00 Filing Fee—Paper 46.00 Pumper Report Filing Fee—Electronic 2.00 Filing Fee—Paper 9.00 • O&M Homeowner Certification Homeowner Operator 98.00 Renewal 50.00 III • Board of Health Netiv Business .agenda Item #`VI., 3 Wow State Funding Authorized • By E2SSB 5.930 January 17, 2008 lVatitarr State Department of Public Health Sections of E2SSB 5930 • V4(0 HealthPublic for Local Health January 9, 2008 Overview The 2007 Washington legislature passed E2SSB 5930 and appropriated $10 million per year for public health improvement. The law called for a panel of experts to make recommendations related to the activities and services that qualify as core public health functions of statewide significance and performance measures specifically related to the new funds. The panels work and recommendations can be found at: http://www.doh.wa.gov/phip/5930PM/product.htm and http://www.doh.wa.gov/phip/5930AS/product.htm. The Secretary of Health has accepted the panel's recommendations. The new state funds are to be used for new, additional or enhanced work to impact the following three performance measures, in rank order: • Performance Measure#1 —Increase the uptake of new and under-used child and adolescent vaccines. • • Performance Measure#2—Improve the timely, complete identification and standard, effective investigation of notifiable conditions per WAC 246-101. • Performance Measure#3—Develop and implement effective community and health care system interventions to address obesity and its consequent burden of chronic disease. Interventions may target worksites, schools, communities, or primary medical care. Additional work is currently underway: selecting more specific reporting measures using existing data sources; developing an inventory of the activities and services of each local health jurisdiction (LHJ); and developing initial performance measures for these activities and services. More information will be available at the web sites listed above as they are developed. What to expect • Each LHJ has received the distribution of 2008 funds per the formula in the law. Funds for 2009 will be distributed in January 2009. • Each LHJ will receive a Consolidated Contract amendment from the Department of Health(DOH). The amendment will indicate that this is as a performance-based contract with the funds to be used to meet the three performance measures. A subsequent amendment will include more specific reporting information, including data source, • specific reporting measures, and reporting timelines. 1 • Each LHJ is required to report expenditures in BARS. A new revenue code has been 411 established for these funds: 334.04.99. Use existing service codes to show how these funds were spent. DOH is reviewing the codes to determine whether existing codes adequately reflect chronic disease or whether new code(s) should be added. • Each LHJ is required to report data for each of the performance measures. More specific reporting measures are being developed and will be available soon. • Each LHJ should review local data and level of effort related to each performance measure, identify areas for improvement, and develop and implement a work plan to make improvements in these measures in rank order as listed in the recommendations. • DOH is working with representatives of local health to select more specific reporting measures from existing data sources; define baseline and reporting timelines and responsibilities; identify DOH activities to support improvement in the performance measures; and identify technical assistance DOH can provide to LHJs. A process is being developed to continue the work on activities and services, including developing an inventory of the activities and services of each local health jurisdiction(LHJ) and developing initial performance measures for these activities and services. Contacts For questions or more information, contact: • General: Marie Flake, 360-236-4063, marie.flake@doh.wa.gov Fiscal or contract: Lois Speelman, 360-236-4503, lois.speelman(a,doh.wa.gov • 2 • Board of Health NetivBusiness .agenda Item #`VI., 5 Solid-Waste tonnage • Annual Report January 17, 2008 • . End of year report for Solid Waste 2007 Solid waste cases closed 2007 135 Junk Vehicles recycled 7W Tons of garbage removed (no metal) Over 50 tons Number of tickets issued 49 Number of tickets committed 17 Average# of open solid waste cases per EH tech 35 Tires in Jefferson County removed by Washington Dept. of Ecology grant: 5 sites, over 300 tons Biggest clean-ups of individual sites in 2007 1) 300 junk vehicles (Forks) • 2) 43.5 tons garbage, 12 junk vehicles, 4 tons metal (Port Townsend) 3) 50 junk vehicles, 3 tons garbage (Brinnon) 4) 8 tons garbage (Quilcene) 5) 3 tons garbage, 1 ton metal (Irondale) • • Board of 3-reaCth Media Report • January 17, zoos • • Jefferson County Public Health December 2007January 2008 NEWS ARTICLES 1. "Jefferson approves$48 million budget,"Peninsula Daily News, December 18`h, 2007. 2. "County employee union secures 6 to 20 percent salary increases," Port Townsend Leader, December 19`h, 2007. 3. "Council passes budget; 3 employees fired,taxes hiked," Port Townsend Leader, December 19`h, 2007. 4. Children's flu vaccines are available,"Port Townsend Leader, December 10, 2007. 5. "3 jobs cut to balance PT budget,"Peninsula Daily News, December 19`h, 2007. 6. "Flu spray available in Jefferson,"Peninsula Daily News, December 26th, 2007. 7. "County budget: No staff cuts," Port Townsend Leader, December 26`h, 2007. 8. "State clears PT Paper's air permit redraft," Peninsula Daily News,January 15t, 2008. 9. "New year's resolution: Quit smoking for good,"Port Townsend Leader, January 2°d, 2008. 10. "PT Paper air quality monitoring gets second look,"Port Townsend Leader, January 9th, 2008. 11. "County's largest solid waste,animal abuse case is closed; shelter needs help," Port Townsend Leader, January 9h,2008. 12. "Maternal depression: Public health department is responsive," Port Townsend Leader, • January 9`h, 2008. • • O 0 y 0 w U \'' .** ~ F 'N O - 2 0. i S'O U VJOC .,s' Y o U t zioowaig % I .. CU 0 'b O i, N y W to - .L,1•...4i a° '14 ° v o 1 T ,�' 0 4) o , :`,4 y 3 p .o as u a a o .a ,4o q o k Ai'? E-6 'D 0 id y 00 id"s. „`5,' as :a'' 3 ba-. p Y •1...q c°-'x 'ti 3 'c ' vUE b v a� (�I/D'� w C VJ .0c ti a o I 0^c5 m 0 aCL' .0 w row 0 avi cl'lC 4� O a a a) "C1 O 2 a • s, r•4 F. =I 3 '7'' 0 ,.. •4 o a � � oar3Uo � U °U 3 ha 3 °G. -03,-D ai a 0. °OD a2— >� C O O 1 Tipa 8 m [ 0. d51o ° ak C' Za °4 x1) ° y w a l 4 5.a',-�,.-� a. C C +4 al a›' .a ,O, a) i-a of a 00 c, , CD a CU 3 a) C a a.na • c F (/) IIIMID c:--Pa •:'"2)2i m8 c').' ca.* ." 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And the evidence RAISE, which stood for"Reasonable However, Eldridge also pointed Pay raises of between 6 and 20and Intelligentsalary Expectation." out that healthcare insurance costs percent for about 120 Jefferson County also showed that the Employees in planning, the asses- have decreased overall for union employees were approved Dec. 10 by wages in this county sot's office, elections, public health, employees as well as exempt employ- Jefferson County commissioners. environmental services and county ees—middle managers—and elected Employees represented by the were clearly falling financial offices are covered under the officials. So there is a reduction in United Food and Commercial Workers UFCW contract cost to the county of $763,734 in (UFCW) Local 21 had approved the behind other counties Some job classifications receive two 2007-08. three-year contract near unanimously for employees in the pay grade increases, and there also is "Because of the medical cost reduc- Nov. 20 after two months of negotia- an extra benefit for employees—such tion the commissioners were able to tions.The old contract was set to expire same positions. " as nurses—who are capable of using a give the cost of living increases to the at year's end. second language in work exempt employees and to the elected Union negotiator Chuck Ardingo t:IwdcArdingo • Loma Delaney,clerk of the coin- officials,"Eldridge noted said members wanted the union to focus ,egottor missioners and human resource man- . Prosecuting Attorney Juelie Dalze 1, on wage increases,and that's what the United Food and Commercial Workers ager,acknowledged Dec. 10 that the Sheriff Mike Brasfield and Clerk Ruth union did raises were between 6 and 20 per- Gordon received 6 percent raises, "And the evidence also showed cent. while Auditor Eldridge,Treasurer Judi that the wages in this county were Ardingo said in a press release from Auditor Donna Eldridge said Morris and Assessor Jack Westerman clearly falling behind other counties UFCW. Monday that the county would spend III received 3 percent pay increases.By for employees in the same positions," Union officials noted that some an estimated $283,810 on the pay See UNION,Page 2 Continued from Page 1 also are now covered wider'the a number of topemployees, law, county commissioners can- .same rules as married couples, who;cited low salaries and the not vote'tomincrease their own. she said. high-cost of living in Jefferson salaries. In addition, there is a better. County as' reasons for leaving. . ' The cost of living increases `.prescription plan,with a no co- Mike McNickle, director of amount to$19,098 for 2008. pay option, and improvements Environmental Health, took a to a dental plan, according to similar position in Oregon, and S Other unions the union. Brent Butler, 'a county planner, Delaney said two otherunions, "This is an important success took a position on Bainbridge one that represents corrections not only for these workers and . Island officers, animal control officers their families but for all gov- "That illustrates that we really and security'Officers,and another' eminent employees who depend need to pay people the prevailing that represents employees in the on good family-wage jobs," wages,"Austin said Central Services Department, Ardingo said. ' The union contract was on the would be negotiating new con Commissioner Austin,D-Port county commissioners' consent tracts later this month. Ludlow, said last week that he agenda, which was approved Under the new UFCW con- didn't'think there were many unanimously with no discus- tract, when an employee is pro-• people getting a 20 percent skin. moted, his pay .automatically incise, (Contact Allison Arthur at goes up 3 percent. In the past, "I didn't vote for a 20 per- aarthur@ptleader.com.) a promotion brought a 1 percent cent increase across the board," pay hike Austin said. "Since I've been. When a job is reclassified, . here,I've been impressed at according to the union press the diligence and hard work of release, the pay change,:will county employees.It's important occur during the first month of, -work they do, and a number of the reclassification ,without. a positions are stress-filled." loss of vacation benefits, ' 'Austin noted that the'nurs- Union employees also will 1 es in,particular needed to have see significant changes in their salaries adjusted in an effort to medical coverage,with preven- keep up with similar positions in tive care fully covered at no cost p County and:Seattle. to members and-no deductibles "I.know there 'were some III or co-pays, and a'new health- 'positions that have gone unfilled reimbursement •account set up ;because people haven't taken ' • // & QCT/" and funded at$500 per person or. them," Austin said of nursing . $1,000 fora family,according to positions in the Public Health /,,2.9J 1 Jackie O'Ryan, communications Department, director for UFCW Local 21 ' .Austin also noted that Same-sex domestic partners Jefferson County this year lost pqp y bb J q 7(ilJC flflUj y v W u .4 LL F+ p / 11 �.9.x .5....i,,---. 4t� 3 f d 4 P' o4 �d i `4 �j 8 Yes u• u § 01° F-,.- g ° F-, O .. o liu"t Ii1iqgIjii ! .DA N.a }, fjp0. 41.A ., z 1iUh 1„.5 fig ; aa � .a � .e n �g Ig .02V:J11gt 's lb 121.0 V °kr; 2, oU u U3g $,,, s4w � c s g �' � s� x1411! yiilis—F,ogOv7v u � ° § i111.1-. 21 4 g Fp 21 .5 drn �w 8 �`5 � mom'0 1 f a ''°11:,..2.4.q5° y Gw� � �� °o /r VU! - tei t S -1 i A 9 ° ° Il o 3 6 . -s o o . a �f e s . .g o ° 113 aa tiFioa3 9' c � s> . 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U U v40,5 -c, vC 0 g y ' 2 S g ^O L ON N f11 ' b H OOI) n jjj•�•�� -, 3 0 w g .5 2 ° 2 ' ° s A NUJ+ ° U FLOG V U .° p CG V N .5a ° avers * r .5 i, s tdc o . e I 1,4L- 111- :cA m0 h , <\\ cl) -6gAtsgg InD19, Doi.g "luAl NA' VI c , 0 w 'w a g a '^ \\ ct ,“41D041,3 k -•"g I a p Tg g e'a (..) 4, t, elii ORM4 q4gaw o ,f,, ,u0- r „ pg. 4 A/ 0 \N u2 s .a Children's flu vaccines are available Flu vaccines for children 6 •All children from 6 months months through 18 years of age to 5 years old; those at least 2 are now in good supply in the years old may have the nasal community. Newly available in spray. Jefferson County this year is the •Children with chronic health nasal spray flu vaccine.A small conditions, including asthma, mist of vaccine in each nostril diabetes, heart, kidney, lung or can help protect a child from metabolic conditions or anemia. influenza.This state-funded vac- • Children with conditions cine can be given to children that can lead to breathing or ranging in age from 2 through 18 swallowing problems, such as years who do not have any of the seizures or cerebral palsy. chronic medical conditions usu- • Children receiving medi- ally targeted for flu shots. cal treatment that weakens their The spray vaccine, FluMist, immune system. • is for: •Teens who will be pregnant • Healthy children in close during influenza season. contact with children younger •Children and adolescents on than 5 years old,pregnant women long-term aspirin therapy. or adults older than age 50. • Pediatric residents of long- • Healthy children in close term care facilities. contact with anyone at high risk •Children whose parents pre- for complications of influenza. fer they receive the injectable •Any children without medi- vaccine. cal risk factors who are age 2 or These higher risk children older whose parents wish to pro- should receive the injectable tect them against influenza. vaccines that are available at All children receiving the Jefferson Medical & Pediatrics nasal vaccine at a recent clinic Group, Olympic Primary Care, much preferred the new vaccine and Port Townsend Family to the traditional flu shot. Physicians. Call your medical Jefferson County Public provider for an appointment. Health offers FluMist along with Jefferson County Public other vaccines during walk-in Health also gives injectable clinics on Tuesday and Thursday children's flu shots at the times afternoons between 1 and 4 p.m. listed above. Call 385-9400 for FluMist and flu shots for children more information. are also offered from 1 to 4 p.m. ... - . -- Mondays on Jan.7, 14 and 21. Tired? Depressedi State-funded flu shots are rec- ommended for children 6 months • through 18 years old who are at General Health Martial Arts Training • Post& Fitness Prc high risk for complications from Spotts-Specific Condition P7-jeQt(/P� influenza.This includes: Personal Protection Coact 3 jobs cut 40 o balance T budget City Council approves $26.4 million for 2008 BY JEFF CHEW PENINSULA DAILY NEWS PORT TOWNSEND — Three positions were cut in the city Development Services and Build- ing departments to help balance • the cr .4 ity ion 2008 bud- City: More cuts ) possible get before the City Council gave final approval to it. "I had to lay off three people," • City Manager David Timmons CONTINUED' ROM Al in as a replacement.Since then, County, Timmons said. told the council on Monday night, «Om neral fund revenues it has been moved to a Port The federal Department of adding that those departments Townsend-Seattle route while Homeland Security can write were chosen because "that is the are stagnant and we have to Puget Sound Express, a Port waivers to the Jones Act. h t ddress at area where we currently are •at a ,"he said. Townsned business, handles The council also has the lowest as far as activity goes." "Utility funds and enter the Port Townsend-Keystone approved$85,000 to reinstate a The layoffs will save the city prise funds are doing fine." route. school resources officer to work $160,000,but they also will reduce The council also approved A car ferry is expected to be year-round with Port service levels, Timmons said. $34,000 in other city depart- on the Port Townsend-Key- Townsend High and other Timmons declined Tuesday to ment cuts across the board. stone route sometime next schools, but the outlay is con- name the positions to be cut, say- Timmons said last week that month. . tingent upon a Port Townsend that was being negotiated the economic uncertainty cre- Timmons, meanwhile, says School District agreement to h the union. ated by a lack of car-ferry ser- the city plans to revise its pay about a third of the cost of TURN TO CITY/A7 vice, a lag in new construction tourism marketing strategy the officer. and a soft real estate market and work with DOT to come up The city has a contingency could mean more such cuts with an interim program that fund of$100,000 for emergency could be considered in 2008. will get the word out that there repairs to the city-operated "Depending on the economy are other ways to get to Port swimming pool or the Pope and how things turn around, Townsend besides the Port Marine building, which has a we would look at additional Townsend-Keystone ferry fire suppression system that cuts," he said then. route. runs to City Dock and has been New state Secretary of Timmons said the Jones Act, repeatedly damaged by wave- Transportation Paula Ham- which precludes the use of for- driven logs. An amount of mond on Nov. 20 ordered the eign-made vessels being used $115,000 is needed to repair the 80-year-old Steel Electrics off on U.S. routes could be worked suppression system. the Port Townsend-Keystone around if the Navy deems the The city also established a 2 • route after state ferries inspec- Port Townsend-Keystone route percent contingency fund in tors uncovered extensive rust- was needed as a matter of 2000, which now stands at ing in one of the hulls. national security. $200,000, to cover other city The four Steel Electrics are Between 30 and 40 Navy infrastructure breakage. the only ferries in the state fer- employees commute between Both funds are controlled by ries system that can negotiate the two bases served by the the council. Keystone's harbor at Whidbey Port Townsend-Keystone route, Island. the naval air station on Whid- Jefferson County Editor Jeff Chew can On Nov. 25, the passenger bey Island and Naval Magazine be reached at 360-385-2335 or ferry Snohomish was brought Indian Island in Jefferson jel!.chew®peninsuIadailynews.com. III • • • Flu Spray between 1 p.m. and 4 p.m. Y FluMist and flu shots for available children will also be offered from 1 p.m. to 4 p.m.Jan. 7, In Jefferson Jan. 14 and Jan. 21: - For more information, PORT TOWNSEND— phone 360-385-9400. Nasal spray flu vaccine for,; • children is available; o the first time this eaag� �33e Jef- ferson CountyPubh Health Departmen . The state-funded spray vaccine,which is sprayed up each nostril rather than administered as a shot, can be giventochildren from 2 years.: through 18 years who do not have chronic medical condi- tions. The spray vaccine,Flu , Mist,is for healthy children in close contact with children younger than 5 years old, pregnant women or adults older 50 years,healthy chit- dren in close contact with anyone,at high risk for com- • plications of influenza or any child older than 2 years who lacks medical risk factors, said Jane Kurata, public, health nurse: Jefferson County,Public Health;offers FluMist, along with other vaccines during • walk-in clinics on Tuesday and Thursday afternoons /D'OA/ •- A/ �/7 A 4•Wednesday,December 26,2007 County No staff cuts 0 By Allison Arthur set those increases. But those lower than the same period last Leader Staff Writer healthcare savings won't be « , year,"according to the analysis. available in 2009, and there still It ism t a "The value of new construc- Jefferson County commis- will be wage increases as nego- sustai•nable tion for property tax dropped sioners have approved a 2008 tiated in the three-year contract, from around $108 million last general fund budget of $14.5 (See story on page C 1 of the budget as it sits year to $88 million this year.As million that adds 3.34 full-time Dec. 19 Leader.) of the end of November, another staff to monitor water quality. And Eldridge points out that J., major revenue (not in the gen The budget also gives pay raises while the health department right now eral fund), Real Estate Excise to 120 union employees. expects to take $345,286 out Tax,was about 34 percent lower While other governments, of its fund balance, or savings Donna Eldridge for the same period last year." including the City of Port account, to make ends meet this auditor The analysis noted that these Jefferson County Townsend and Jefferson Transit year, thereare no more reserves signs of slowing revenue had a Authority, are cutting jobs for left in that account. "profound"impact on the budget 2008, Jefferson County was able "That's a budget that needs to more tax revenues than their usual process. to stay the course this year by be looked at,"Eldridge said. 1 percent property tax increase, When initial budget requests using reserves and transfers, While Sartin and Eldridge despite a new court ruling that were brought forward in essentially dipping into a piggy don't always agree on numbers, would have allowed them to take September,for example,requests bank of savings from previous they do agree that next year's a 6 percent increase. exceeded revenue by $2.3 mil- years. budget process should start Assessor Jack Westerman III lion. "Next year we'll have a lot early. applauded commissioners for not In October, there still was a of challenges," acting County "In 2009 you might want taking what is called a banked gap of $735,000 between what Administrator Allen Sartin told to start the process in April," capacity in property taxes. department heads wanted to commissioners."if the key reve- Eldridge warned of coming bud- Westerman said there's a per- spend and what was available nues stay fairly flat,that certainly get issues. ception that government takes to spend. will be a challenge because costs Eldridge also said she hopes as much money out of the pock- In November, commission- go up,"he said later. to see a more"collaborative pro- ets of citizens as possible and ers met in a special meeting and • Auditor Donna Eldridge sug- cess where we all sit down and spends it. opted to postpone most of the Bested commissioners start early information is shared." "There's no other county that proposed program cuts—such as next year to work on the 2009 SartinconcurredwithEldridge doesn't take the full amount," closing Memorial Athletic Field budget. about the health department bud- Westerman said. — so that they could be studied "It isn't a sustainable budget get and said water quality,roads The county could have taken more thoroughly in 2008. as it sits right now," Eldridge and the general fund budgets another$716,000 from property And in December, commis- said, and hard decisions will also will be"problematic." taxpayers in 2008 to help out sioners approved the budget need to be made for 2009. "We should be looking at with roads,the general fund and with little discussion, other than For example,the county gave them early in the year," Sartin the conservation futures budget. hearing warnings that next year 120 employees wages hikes of 6 said. But commissioners toed the line could be an even more diffi- to 20 percent in 2008. Savings For 2008, county commis- and did not do that. cult process and the discussions in healthcare insurance costs off- sioners refrained from collecting "That's a big deal to me," should start early. Westerman said, noting that Budget issues could become a commissioners have done that hotter issue earlier in the year than Catering to all of your for at least the last three years. normal, because 2009 is an elec- An analysis of the budgeting tion year for two commissioner real estate needs. process reminded commission- positions:District 1(Phil Johnson, _ ' ers of the ordeal they had gone representing Port Townsend) and ktv0 through this year for 2008. District 2 (David Sullivan, repre- : Windermere "As the budget preparation senting the Tri-Area,Cape George, process began, several key rev- Kala Point and Marrowstone ' PORT HADLOCKyenues were showing signs of Island).) It will be the first election , N , ANCY MCCONAGHY,REALTOR weakness.For example,as of the year for county offices since the &h` Office:360-385-9331 ext.6108 end of November, year-to-date state moved the candidate-filing 4Y Cell:360-434-1563 www.nancymcconaghy.com general sales tax receipts in the period to June to accommodate a general fund were 1.9 percent primary election in August. • • / %$7 60 mo4, 5 " �4o4 ; o go � u0 Vx � iv., o0 111117V ay co t3 U 1,0 yo�' CD 0 P4 c (1) 03 Cla 14 , ÷) 9 I. N wb da),�; a �w.a•° ��E: CU 0 115 . cl p° 0a) cda) 0 ma.Wt �w... ai ^ g ° � p cd o o c o +�C4 �^ a�� a� x Ti o a �n � 0 0 ICS o g. W a •� � � �Ti; 'el' q •U E Pi') all) LE oob Cli) am fi, N 0 . . 4 0 , (1111) 0 0 cD.!--1.5 3 €2)4 V ,1" i = 41.1 , 0-4" -0 0 .4-i.-I CL:....., ,.......4c) vo- IC::::6' !):Cli (1:C)4)4-'...:: el/ II i5.4 1 E , •/... 1 4—) x, E-1-Z W `8.4,) , rte+ co .§ U" .,„ 1! t5: ! � , y • , Ela . EZ � n -g-,J a H CU UN �, W ! wa � ai44 �. z i lit o0 fl1fl 14.1iP Imm 0 Q U ' � soG0 AEo 0 3 � o • woUbo OOUw E §y o a ,•b , 5 w g w � OHo 4°)..`..."84-' °'� Cli(IIII) CIL 1:11) U � O L. aast � gEz_t��oo i W m 2aa Agi: a4 R 3 •d 0 • • S New year's resolution: Quit smoking for good Quitting tobacco is often at develop their own personalized the top of a new year's resolu- quitting plan. tion list. Through the website people Jefferson County adults are can also: motivated to quit,say those who • Receive information about are leading efforts to help people products and medications that stay smoke-free. can help them quit. An estimated 76 percent of the • Receive a tobacco-quit kit county's adult daily smokers tried full of information about how to quit smoking for one or more to quit and stay tobacco-free, days during the past 12 months, local resources for cessation according to the Jefferson County classes, and care providers who Health Department. This is sig- can help. nificantly higher than the state •The quit line also offers tai- rate of 49 percent. bored services to help pregnant Join the majority of smokers women quit smoking. in Jefferson County who try to • For immediate help, call quit. The more times a person from 5 a.m. to 9 p.m. Monday • has tried to quit, the greater the through Saturday. Call at other chance that eventually he or she times to leave a message for a will be successful. return call. Calling the Tobacco Quit Line Jefferson Healthcare offers is free and can increase a per- free tobacco-cessation classes son's chances of quitting by 20 throughout the year. The next percent,note Health Department series begins Jan. 15, 4:30- personnel. 5:30 p.m., and continues for six Tobacco Quit 800-QUIT- weeks. To enroll, call 385-2200, NOW or www.quitline.com is ext. 2300. a resource made available by For additional information the state Department of Health. about tobacco prevention efforts The quit line provides tips on in the community,contact Karen quitting.A quit coach is a trained Obermeyer at kobermeyer@ professional who helps residents co.jefferson.wa.us or 385-9417. /a? ri ° ° y [11:1'017", g 6 ,d' °13' 2. 1' '/04 °^ ' ,4 1-1 p• c3•« cic, 50-21 . 00--.9. .o8 , ° F@� �t'n g� ua -p Hb �" fi 1.;.1 ".;..8i",`".. � X - v 0 q74,2-5. 8 ,t - a. 1.w a.°O C N « 21 O.4 4.,c❑, E W m g 2 . R W g N .q u.m m y m 7 >O q w O r4 n , 2 .c 9 q.d §U o Q qq 4.`8 O ^ .2Go8 -. X. 41E .6 uu2G 7 i-•I [.,� yg; i w 3'S .0 Y,c:', u4-8-F10,11 3 E >6..P5. ,°e a.5 .-,-,,,,'4) --k-', W CA r^ � !i°'.u. y'`�u iud u uU w cU : '.x¢ W - C C/] F+-1 c3w �bw« y� $ �CJ°.5 � a4 - .- �� 4) py o'SySn:cvc „ 0 30 5 ^ ° m< u 4.-.) '�cuiU " `" mEo"o sW20uz 1:3 ,,,I.' 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Some women benefit from"talk ther- Health has•received national women will try to manage the apy" along with self-care and recognition for its work in help- Jefferson Public difficult symptoms of depres- medication.A woman needs to ing women and families recog- sion by self-medicating with be asked directly if she is hay- nize and respond to maternal Health has found alcohol or other substances. ing thoughts of hurting herself depression. L Just as there is a.range of Or harming the baby.If so,.this The National Association that 40 percent Of symptoms of maternal depres- is a medical emergency and she of County and City Health • sion, there is a range of treat- should be taken to the ER imme- Officials recently released women screened ment. The first step in treat- diately and not be left alone. an issue brief on depression ing maternal or post-partum amongre ant and parentingare eX eriencmn pregnant p g depression is learning to rec- Young children women.The publication recog- ognize the symptoms, Zorrah Families with young chil- nized the outstanding and inno-recog- symptoms noted. Healthcare providers dren often turn to Jefferson vative strategies of Jefferson indicating know that you cannot tell if County Public Health for help County Public Health as well someone is depressed by look- with many of the usual con- as those of two other health serious ing at them. A maternity or ceras of new parents. departments in the nation. family healthcare provider can Public Health Family Since 2001, local Family depression. use specific questionnaires to Support nurses help pregnant Support nurses have been offer- screen for depression during women and families prepare ing pregnant women and new routine appointments for the to become parents and have a mother `depression screening, cern because of its potential mother or infant. • healthy pregnancy and birth, education and support,and refer- impact on the health of the Self-care is important in offer breastfeeding support as rals to other community servic- mother and her family,Zorrah treating and preventing depres- well as support for health con- es. said.Women are twice as likely sion. This includes plenty of cems or development includ- Research on maternal depres- as men to suffer from depres- sleep,sleeping when the baby ing fussy babies, sleep prob- sion indicates that 15 to 45 sion,and women who are preg- sleeps, and eating small but lems and nutrition. Through • percent of new mothers expe- nant or in the first year after healthy meals throughout the programs such as WIC, the rience postpartum depression. birth are even more vulnerable. day. Getting outside for some Breastfeeding Tea, First Steps For some women,the symptoms Some women with good fam- natural light and exercise and Maternity Support and Nurse- start in pregnancy. Jefferson ily support and who have little talking to a supportive person Family Partnership, the nurses Public Health has found that 40 stress may be able to recover every day can be very helpful. can assist any Jefferson County percent of women screened are from depression on their own. Family and friends can help by family with young children. experiencing symptoms indicat- However, women who not dismissing the symptoms To learn more about mater- ing serious depression. 'already face multiple stresses or blaming the woman for her nal depression or the Family According to Quen Zorrah, such as poverty,being a single depression. Support services, visit www. infant mental health special- parent,domestic violence,sub- If self-care is not enough, a jeffersoncountypublichealth. ist,even if a woman is looking stance abuse and little sup- woman might need prescription org or'call 385-9400. forward to her baby,she might port are at risk of emotional medication.A maternity or fam- have symptoms ranging from and physical health problems ily healthcare provider can guide irritability, sadness, insomnia for themselves and the baby. the selection of the most appro- and exhaustion to feeling like a Severe depression can make priate medications for pregnant bad mother or having thoughts it feel impossible to manage or breastfeeding women. Many of hurting herself or her baby. It can be difficult'to recog- nize the different symptoms of depression at a time when there ' are so many other physical and emotional changes, Zorrah noted.Too many women strug- gle alone without the help and treatment they need. Family members also suffer as they worry about both the new mother and the baby. Maternal depression ' Maternal depression is a significant public health con- 111 e, r tOrdinance. . .the new Septic Under • You won't own your septic system :1,` '► ._ any longer. The Health Department t ' . . will . You will be licensed to use your , septic system for either one or three years as long as you keep it up to current code and in good working order. Civil penalties of up to $513 per day may be levied by the Health Department for non- compliance, at the administrator's discretion. • And criminal penalties of up to 90 days in jail and a $1000 fine may be imposed . The Health Department will have the right to come on your property, including entering your buildings, at any time during theirworking hours, to check for compliance. The Public Hearing is at 2:30 pm Thursday, January 17th _ Department of Health 615 Sheridan St. • Washington State Department1 ref li 111 Public Health Sections of E2SSB 5930 ' PInformation for Local Public Health January 9, 2008 Overview The 2007 Washington legislature passed E2SSB 5930 and appropriated $10 million per year for public health improvement. The law called for a panel of experts to make recommendations related to the activities and services that qualify as core public health functions of statewide significance and performance measures specifically related to the new funds. The panels work and recommendations can be found at: http://www.doh.wa.gov/phip/5930PM/product.htm and http://www.doh.wa.gov/phip/5930AS/product.htm. The Secretary of Health has accepted the panel's recommendations. The new state funds are to be used for new, additional or enhanced work to impact the following three performance measures, in rank order: • Performance Measure #1 —Increase the uptake of new and under-used child and adolescent vaccines. • • Performance Measure #2 —Improve the timely, complete identification and standard, effective investigation of notifiable conditions per WAC 246-101. • Performance Measure #3—Develop and implement effective community and health care system interventions to address obesity and its consequent burden of chronic disease. Interventions may target worksites, schools, communities, or primary medical care. Additional work is currently underway: selecting more specific reporting measures using existing data sources; developing an inventory of the activities and services of each local health jurisdiction(LHJ); and developing initial performance measures for these activities and services. More information will be available at the web sites listed above as they are developed. What to expect • Each LHJ has received the distribution of 2008 funds per the formula in the law. Funds for 2009 will be distributed in January 2009. • Each LHJ will receive a Consolidated Contract amendment from the Department of Health (DOH). The amendment will indicate that this is as a performance-based contract with the funds to be used to meet the three performance measures. A subsequent amendment will include more specific reporting information, including data source, • specific reporting measures, and reporting timelines. 1 • Each LHJ is required to report expenditures in BARS. A new revenue code has been established for these funds: 334.04.99. Use existing service codes to show how these i funds were spent. DOH is reviewing the codes to determine whether existing codes adequately reflect chronic disease or whether new code(s) should be added. • Each LHJ is required to report data for each of the performance measures. More specific reporting measures are being developed and will be available soon. • Each LHJ should review local data and level of effort related to each performance measure, identify areas for improvement, and develop and implement a work plan to make improvements in these measures in rank order as listed in the recommendations. • DOH is working with representatives of local health to select more specific reporting measures from existing data sources; define baseline and reporting timelines and responsibilities; identify DOH activities to support improvement in the performance measures; and identify technical assistance DOH can provide to LHJs. A process is being developed to continue the work on activities and services, including developing an inventory of the activities and services of each local health jurisdiction (LHJ) and developing initial performance measures for these activities and services. Contacts For questions or more information, contact: General: Marie Flake, 360-236-4063, marie.flake@doh.wa.gov • Fiscal or contract: Lois Speelman, 360-236-4503, lois.speelmandoh.wa.gov • 2 N W 4s. 010 0) O O O O O O O O O O O O O O O O O O \ \ - \I \ I'''I‘\\‘ O O ___ csi n O 41 C c.)-1Z W L N : O m Co Z 7J 73 O 03 C0 —IO cn z z • N N p O W O co O �° C ti cc,r mcn � m 3a III.' d7 r\.) 2 00 pal O O O ;* Z .p -•I r N co N O O W 4 • , .... CC I . \..., -\. 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K. , IN-, _ ),-) ,- J\. r; ',•,,., - f E \•/) r j - A- -I- :--, 0 , "N• __( •,..) — 7 is,\s,iN r.(:, ,,.,e;\ ;..,., tl,,. ' --:1•\\. Fl .'.\N D,,) '.-- (72 r . ( \ (N\ P --N X T) -'.., ik k/kj \js " '‘----. .7...,.. . z %.• 1 .•1 (C'l • n ... _ - - N) ; ;' 17 . C i -,---L (/` '-' *----,,, ,--,,, r., --N., -, '"•>. , ; , • i '. .(-----C--- r--' 1> ( NO c.5 -- . f 1-11: —r ' n (\ 03 13> • 1.___, 2_ •Nc V c-7-- • (i N 0 . \ 0 ), 4..\') '\ Q)0 2.› 1- — c 11 v, • T. - ii 4,),3__ 4ri .. r‘: .,)\) co o \ \ E", 4 I, a. o ('-'' N Pi- ill% ‘ ,,.'.`„,, /I • 0.2- t' \\ 1 ,I,‘ , - 4 5-' "N gui‘ • 1 % 1 ‘. )K, Ilk :-Zi \ 4ht. '‘Ik• K----., k- ,------- 0" 0 oo C C\ IV . 0 Nii . 10 (4N /1, N. c:, d ...) 0 L'7 '..-0 ii rh VI r•- \, c--. e ) N/ '..si t\f\ .• 1/\.) Gr) N `\ c . * , 3 (IN 0 ri , --k T 1 (2) The governor shall appoint the initial members of the board to 2 staggered terms not to exceed four years. Initial appointments shall 411 3 be made on or before June 1, 2007. Members appointed thereafter shall 4 serve two-year terms. Members of the board shall be compensated in 5 accordance with RCW 43. 03.250 and shall be reimbursed for their travel 6 expenses while on official business in accordance with RCW 43.03. 050 7 and 43.03. 060. The board shall prescribe rules for the conduct of its 8 business. The administrator shall be chair of the board. Meetings of 9 the board shall be at the call of the chair. 10 (3) The board may establish technical advisory committees or seek 11 the advice of technical experts when necessary to execute the powers 12 and duties included in this section. 13 (4) The board and employees of the board shall not be civilly or 14 criminally liable and shall not have any penalty or cause of action of 15 any nature arise against them for any action taken or not taken, 16 including any discretionary decision or failure to make a discretionary 17 decision, when the action or inaction is done in good faith and in the 18 performance of the powers and duties under this chapter. Nothing in 19 this section prohibits legal actions against the board to enforce the 20 board's statutory or contractual duties or obligations. • 'Sec. 59 was vetoed. See message at end of chapter. 21 PUBLIC HEALTH 22 NEW SECTION. Sec. 60 . A new section is added to chapter 43 .70 RCW 23 to read as follows : 24 (1) Protecting the public ' s health across the state is a 25 fundamental responsibility of the state. With any new state funding of 26 the public health system as appropriated for the purposes of sections 27 60 through 65 of this act, the state expects that measurable benefits 28 will be realized to the health of the residents of Washington. A 29 transparent process that shows the impact of increased public health 30 spending on performance measures related to the health outcomes in 31 subsection (2) of this section is of great value to the state and its 32 residents. In addition, a well-funded public health system is expected 33 to become a more integral part of the state ' s emergency preparedness 34 system. 35 (2) Subject to the availability of amounts appropriated for the • E2SSB 5930 .SL p. 68 IN 1 purposes of sections 60 through 65 of this act, distributions to local 2 health jurisdictions shall deliver the following outcomes : • 3 (a) Create a disease response system capable of responding at all 4 times; 5 (b) Stop the increase in, and reduce, sexually transmitted disease 6 rates; 7 (c) Reduce vaccine preventable diseases; 8 (d) Build capacity to quickly contain disease outbreaks; 9 (e) Decrease childhood and adult obesity and types I and II 10 diabetes rates, and resulting kidney failure and dialysis; 11 (f) Increase childhood immunization rates; 12 (g) Improve birth outcomes and decrease child abuse; 13 (h) Reduce animal-to-human disease rates; and 14 (i) Monitor and protect drinking water across jurisdictional 15 boundaries . 16 (3) Benchmarks for these outcomes shall be drawn from the national 17 healthy people 2010 goals, other reliable data sets, and any subsequent 18 national goals . 19 NEW SECTION. Sec. 61. A new section is added to chapter 43 .70 RCW • 20 to read as follows : 21 The definitions in this section apply throughout sections 60 22 through 65 of this act unless the context clearly requires otherwise . 23 (1) "Core public health functions of statewide significance" or 24 "public health functions" means health services that : 25 (a) Address : Communicable disease prevention and response; 26 preparation for, and response to, public health emergencies caused by 27 pandemic disease, earthquake, flood, or terrorism; prevention and 28 management of chronic diseases and disabilities; promotion of healthy 29 families and the development of children; assessment of local health 30 conditions, risks, and trends, and evaluation of the effectiveness of 31 intervention efforts; and environmental health concerns; 32 (b) Promote uniformity in the public health activities conducted by 33 all local health jurisdictions in the public health system, increase 34 the overall strength of the public health system, or apply to broad 35 public health efforts; and 36 (c) If left neglected or inadequately addressed, are reasonably • p. 69 E2SSB 5930 .SL 1 1 likely to have a significant adverse impact on counties beyond the • 2 borders of the local health jurisdiction. 3 (2) "Local health jurisdiction" or "jurisdiction" means a county 4 board of health organized under chapter 70 .05 RCW, a health district 5 organized under chapter 70 .46 RCW, or a combined city and county health 6 department organized under chapter 70 . 08 RCW. 7 NEW SECTION. Sec. 62 . A new section is added to chapter 43 . 70 RCW 8 to read as follows : 9 (1) The department shall accomplish the tasks included in 10 subsection (2) of this section by utilizing the expertise of varied 11 interests, as provided in this subsection. 12 (a) In addition to the perspectives of local health jurisdictions, 13 the state board of health, the Washington health foundation, and 14 department staff that are currently engaged in development of the 15 public health services improvement plan under RCW 43 . 70 . 520, the 16 secretary shall actively engage: 17 (i) Individuals or entities with expertise in the development of 18 performance measures, accountability and systems management, such as 19 the University of Washington school of public health and community • 20 medicine, and experts in the development of evidence-based medical 21 guidelines or public health practice guidelines; and 22 (ii) Individuals or entities who will be impacted by performance 23 measures developed under this section and have relevant expertise, such 24 as community clinics, public health nurses, large employers, tribal 25 health providers, family planning providers, and physicians . 26 (b) In developing the performance measures, consideration shall be 27 given to levels of performance necessary to promote uniformity in core 28 public health functions of statewide significance among all local 29 health jurisdictions, best scientific evidence, national standards of 30 performance, and innovations in public health practice. The 31 performance measures shall be developed to meet the goals and outcomes 32 in section 60 of this act . The office of the state auditor shall 33 provide advice and consultation to the committee to assist in the 34 development of effective performance measures and health status 35 indicators . 36 (c) On or before November 1, 2007, the experts assembled under this 37 section shall provide recommendations to the secretary related to the • E2SSB 5930 .SL p. 70 • 1 activities and services that qualify as core public health functions of 2 statewide significance and performance measures . The secretary shall • 3 provide written justification for any departure from the 4 recommendations. 5 (2) By January 1, 2008, the department shall : 6 (a) Adopt a prioritized list of activities and services performed 7 by local health jurisdictions that qualify as core public health 8 functions of statewide significance as defined in section 61 of this 9 act; and 10 (b) Adopt appropriate performance measures with the intent of 11 improving health status indicators applicable to the core public health 12 functions of statewide significance that local health jurisdictions 13 must provide. 14 (3) The secretary may revise the list of activities and the 15 performance measures in future years as appropriate. Prior to 16 modifying either the list or the performance measures, the secretary 17 must provide a written explanation of the rationale for such changes . 18 (4) The department and the local health jurisdictions shall abide 19 by the prioritized list of activities and services and the performance 20 measures developed pursuant to this section. 21 (5) The department, in consultation with representatives of county • 22 governments, shall provide local jurisdictions with financial 23 incentives to encourage and increase local investments in core public 24 health functions . The local jurisdictions shall not supplant existing 25 local funding with such state-incented resources . 26 NEW SECTION. Sec. 63 . A new section is added to chapter 43 .70 RCW 27 to read as follows : 28 Beginning November 15, 2009, the department shall report to the 29 legislature and the governor annually on the distribution of funds to 30 local health jurisdictions under sections 60 through 65 of this act and 31 the use of those funds. The initial report must discuss the 32 performance measures adopted by the secretary and any impact the 33 funding in this act has had on local health jurisdiction performance 34 and health status indicators . Future reports shall evaluate trends in 35 performance over time and the effects of expenditures on performance 36 over time. • p. 71 E2SSB 5930 .SL ti 1 Sec. 64 . RCW 43 . 70 .520 and 1993 c 492 s 467 are each amended to 2 read as follows : • 3 (1) The legislature finds that the public health functions of 4 community assessment, policy development, and assurance of service 5 delivery are essential elements in achieving the objectives of health 6 reform in Washington state. The legislature further finds that the 7 population-based services provided by state and local health 8 departments are cost-effective and are a critical strategy for the 9 long-term containment of health care costs . The legislature further 10 finds that the public health system in the state lacks the capacity to 11 fulfill these functions consistent with the needs of a reformed health 12 care system. The legislature further finds that public health nurses 13 and nursing services are an essential part of our public health system, 14 delivering evidence-based care and providing core services including 15 prevention of illness, injury, or disability; the promotion of health; 16 and maintenance of the health of populations . 17 (2) The department of health shall develop, in consultation with 18 local health departments and districts, the state board of health, the 19 health services commission, area Indian health service, and other state 20 agencies, health services providers, and citizens concerned about 0 21 public health, a public health services improvement plan. The plan 22 shall provide a detailed accounting of deficits in the core functions 23 of assessment, policy development, assurance of the current public 24 health system, how additional public health funding would be used, and 25 describe the benefits expected from expanded expenditures . 26 (3) The plan shall include: 27 (a) Definition of minimum standards for public health protection 28 through assessment, policy development, and assurances : 29 (i) Enumeration of communities not meeting those standards; 30 (ii) A budget and staffing plan for bringing all communities up to 31 minimum standards; 32 (iii) An analysis of the costs and benefits expected from adopting 33 minimum public health standards for assessment, policy development, and 34 assurances; 35 (b) Recommended strategies and a schedule for improving public 36 health programs throughout the state, including: 37 (i) Strategies for transferring personal health care services from 111 E2SSB 5930 .SL p. 72 • 1 the public health system, into the uniform benefits package where 2 feasible; and • 3 (ii) ( (Timing . of increased furling for public h alth services 4 linked to specific objectives for improving public health) ) Linking 5 funding for public health services to performance measures that relate 6 to achieving improved health outcomes; and 7 (c) A recommended level of dedicated funding for public health 8 services to be expressed in terms of a percentage of total health 9 service expenditures in the state or a set per person amount; such 10 recommendation shall also include methods to ensure that such funding 11 does not supplant existing federal, state, and local funds received by 12 local health departments, and methods of distributing funds among local 13 health departments . 14 (4) The department shall coordinate this planning process with the 15 study activities required in section 258, chapter 492, Laws of 1993 . 16 (5) By March 1, 1994, the department shall provide initial 17 recommendations of the public health services improvement plan to the 18 legislature regarding minimum public health standards, and public 19 health programs needed to address urgent needs, such as those cited in 20 subsection (7) of this section. • 21 (6) By December 1, 1994, the department shall present the public 22 health services improvement plan to the legislature, with specific 23 recommendations for each element of the plan to be implemented over the 24 period from 1995 through 1997 . 25 (7) Thereafter, the department shall update the public health 26 services improvement plan for presentation to the legislature prior to 27 the beginning of a new biennium. 28 (8) Among the specific population-based public health activities to 29 be considered in the public health services improvement plan are: 30 Health data assessment and chronic and infectious disease surveillance; 31 rapid response to outbreaks of communicable disease; efforts to prevent 32 and control specific communicable diseases, such as tuberculosis and 33 acquired immune deficiency syndrome; health education to promote 34 healthy behaviors and to reduce the prevalence of chronic disease, such 35 as those linked to the use of tobacco; access to primary care in 36 coordination with existing community and migrant health clinics and 37 other not for profit health care organizations; programs to ensure 38 children are born as healthy as possible and they receive immunizations • p. 73 E2SSB 5930 .SL r 1 and adequate nutrition; efforts to prevent intentional and 2 unintentional injury; programs to ensure the safety of drinking water III 3 and food supplies; poison control; trauma services; and other 4 activities that have the potential to improve the health of the 5 population or special populations and reduce the need for or cost of 6 health services . 7 NEW SECTION. Sec. 65. A new section is added to chapter 43 .70 RCW 8 to read as follows : 9 (1) Each local health jurisdiction shall submit to the secretary 10 such data as the secretary determines is necessary to allow the 11 secretary to assess whether the local health jurisdiction has used the 12 funds in a manner consistent with achieving the performance measures in 13 section 62 of this act . 14 (2) If the secretary determines that the data submitted 15 demonstrates that the local health jurisdiction is not spending the 16 funds in a manner consistent with achieving the performance measures, 17 the secretary shall : 18 (a) Provide a report to the governor identifying the local health 19 jurisdiction and the specific items that the secretary identified as 411 20 inconsistent with achieving the performance measures; and 21 (b) Require that the local health jurisdiction submit a plan of 22 correction to the secretary within sixty days of receiving notice from 23 the secretary, which explains the measures that the jurisdiction will 24 take to resume spending funds in a manner consistent with achieving the 25 performance measures . The secretary shall provide technical assistance 26 to the local health jurisdiction to support the jurisdiction in 27 successfully completing the activities included in the plan of 28 correction. 29 (3) Upon a determination by the secretary that a local health 30 jurisdiction that had previously been identified as not spending the 31 funds in a manner consistent with achieving the performance measures 32 has resumed consistency, the secretary shall notify the governor that 33 the jurisdiction has returned to consistent status . 34 (4) Any local health jurisdiction that has not resumed spending 35 funds in a manner consistent with achieving the performance measures 36 within one year of the secretary reporting the jurisdiction to the governor shall be precluded from receiving any funds appropriated for 41037 E2SSB 5930 .SL p. 74 1 the purposes of sections 60 through 65 of this act . Funds may resume 2 once the local health jurisdiction has demonstrated to the satisfaction • 3 of the secretary that it has returned to consistent status . 4 Sec. 66. RCW 70 .48 .130 and 1993 c 409 s 1 are each amended to read 5 as follows : 6 It is the intent of the legislature that all jail inmates receive 7 appropriate and cost-effective emergency and necessary medical care. 8 Governing units, the department of social and health services, and 9 medical care providers shall cooperate to achieve the best rates 10 consistent with adequate care. 11 Payment for emergency or necessary health care shall be by the 12 governing unit, except that the department of social and health 13 services shall directly reimburse the provider pursuant to chapter 14 74 . 09 RCW, in accordance with the rates and benefits established by the 15 department, if the confined person is eligible under the department ' s 16 medical care programs as authorized under chapter 74 .09 RCW. After 17 payment by the department, the financial responsibility for any 18 remaining balance, including unpaid client liabilities that are a 19 condition of eligibility or participation under chapter 74 . 09 RCW, 20 shall be borne by the medical care provider and the governing unit as 411 21 may be mutually agreed upon between the medical care provider and the 22 governing unit . In the absence of mutual agreement between the medical 23 care provider and the governing unit, the financial responsibility for 24 any remaining balance shall be borne equally between the medical care 25 provider and the governing unit . Total payments from all sources to 26 providers for care rendered to confined persons eligible under chapter 27 74 . 09 RCW shall not exceed the amounts that would be paid by the 28 department for similar services provided under Title XIX medicaid, 29 unless additional resources are obtained from the confined person. 30 As part of the screening process upon booking or preparation of an 31 inmate into jail, general information concerning the inmate ' s ability 32 to pay for medical care shall be identified, including insurance or 33 other medical benefits or resources to which an inmate is entitled. 34 This information shall be made available to the department, the 35 governing unit, and any provider of health care services . 36 The governing unit or provider may obtain reimbursement from the 37 confined person for the cost of health care services not provided under • p. 75 E2SSB 5930 .SL • FORUM ON HEALTH CARE / REFORM Port Townsend Community Center, December 20th, 1:00 to 3:00 p.m. The public is invited to attend the first of 2 discussions on health care reform with particular attention to a call from President-Elect Barack Obama's nominee for the U. S. Department of Health and Human Services -- Senator Tom Daschle for community discussions to be held between December 15th and 31st, 2008. Time is of the essence (!!) for us to submit our concerns and opinions on this critical issue facing the President-Elect and his new administration. Questions? Can't attend but have concerns? Call Phyllis Schultz: 379-3397. A follow-up discussion is planned for January 10th, hosted by Jenifer Taylor -- time and place to be announced in early January. Some of the major issues attendees are asked to discuss are: !. Access to primary care in a rural-urban growth area where physicians are closing their practices to those on Medicare. 2. Access to primary care by workers in jobs without medical coverage and • who try to support themselves and their families on minimum wages. 3. Experiences in accessing appropriate medical/health services for persons with multiple medical diagnoses on multiple medications. Coordination of care is poor. 4. Experiences with the denial of medical benefits by insurance companies. 5. Concerns that state and federal budget cuts will put small rural hospitals at risk like our Jefferson Health Care Hospital in Port Townsend. This emergency room is the closest one within a 30 to 50 mile radius and across a major highway bridge that is closed in extremely dangerous weather conditions. ****************************************** •