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HomeMy WebLinkAbout2008- March File Copy • Jefferson County Board of 3-Cealth Agenda Jl inutes • larch 20, 2008 • • JEFFERSON COUNTY BOARD OF HEALTH Thursday,March 20,2008 2:30 PM--4:30 PM Pope Marine Building 100 Madison Street Port Townsend,WA 2:30—4:30 PM DRAFT AGENDA I. Approval of Agenda II. Approval of Minutes of February 21,2008 Board of Health Meeting III. Public Comments IV. Old Business and Informational Items 1. Port Townsend Air Quality Health Assessment Update 2. Royer Group Report Update • 3. Letter re: SB6620 4. Region 2 Public Health Newsletter 5. National Public Health Week V. New Business 1. Proposed Revisions to Jefferson County Septic Code 8.15 2. 2007 Jefferson County Public Health Performance Measures 3. 2007 Jefferson County Syringe Exchange Program Report 4. Policy Regarding Disruption of Public Meetings 5. Substance Abuse Advisory Committee Appointments 6. Correspondence VI. Activity Update VII. Agenda Planning VIII. Next Scheduled Meeting: April 17,2008 2:30 PM--4:30 PM East Jefferson Fire & Rescue 701 Harrison St. (located at the corner of Lawrence and Harrison) • Port Townsend,WA DRAFT ONLY JEFFERSON COUNTY BOARD OF HEALTH MINUTES Thursday, February 21, 2008 2:30 PM— 4:40 PM 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 Director John Austin, Chair, County Commissioner,District#3 Julia Danskin,Nursing Services Director Chuck Russell,Hospital Commissioner District#2 Michelle Sandoaval,Port Townsend City Council Sheila Westerman, Vice Chair, Citizen at large(City) Roberta Frissell, Citizen at large(County) Chair John Austin called the meeting of the Jefferson County Board of Health to order at 2:30 PM in the Pope Marine Building, Port Townsend. He explained that this was a regularly scheduled meeting, not a public hearing, and that public comments would be welcome at the end of the meeting. He called for a round of self introductions of board members and staff Members Present: John Austin, Roberta Frissell, Phil Johnson, Michelle Sandoval, David Sullivan, Sheila Westerman • Members Absent: Chuck Russell Staff Present: Jean Baldwin, Dr. Thomas Locke, Veronica Shaw,Neil Harrington, Gail Bernhard (Recorder) A quorum was present. APPROVAL OF AGENDA Chair Austin asked for a change to the written agenda to move the public comment period to the end of the meeting. Sheila Westerman moved to approve the Agenda, as changed, which was seconded and approved, all in favor. APPROVAL OF MINUTES OF JANUARY 17, 2008 Approval of Minutes January 17, 2008: Sheila Westerman noted that the list of attendees was not consistent with her recollection of who was present at that meeting. Although it states that all members were present, she noted that Phil Johnson had not attended. Also,Veronica Shaw was present, but is not listed as present. Julia Danskin is listed as present, but did not attend. She also noted that she had asked for clarification on whether, procedurally,there had been sufficient members present and voting at the January meeting to approve the minutes for the previous meeting of December 20, 2007. Dr. Locke said he had checked and found that some members may have abstained. Sheila Westerman said that two members had abstained from • approval of minutes because they had not been present at the December meeting. Dr. Locke Jefferson County Board of Health February 21,2008 Page 1 of 13 DRAFT ONLY confirmed that there had been a quorum present. Procedurally, since a quorum was present and a majority of those voting were in favor of approval of the minutes, that approval stands as valid. Sheila Westerman moved for approval of the minutes of January 17; the motion was seconded and approved,with one abstention. OLD BUSINESS Influenza Season Update Dr. Locke reported widespread activity for both types of Influenza A and a small amount of activity for Influenza B this year in Washington state and nationally. He said we are likely to be at the peak or very close to the peak for this season. Based on past seasons, the peak period lasts for two or three weeks; then drops off. The timing for this year is very similar to the previous year, when the influenza season peaked in February as well. He noted, however, a difference this year in the match up between the strains used for the vaccines and the strains presently circulating in the population. There are three components to the vaccine: two types of Influenza A and one type Influenza B. He said the match up is very good for one of the A strains, but only about a 13%match with the other type of Influenza A. The match up with the B strain is about 7%. The result is that the vaccine will offer protection for about half the strains that people are likely to encounter. Dr. Locke said that because the efficacy is lower than usual,the proposal is to completely 4111 reformulate the vaccine for next year. He explained that although this international statistical forecast as to what strains will be circulation is usually quite accurate, this year was an exception. However, he added that those who are vaccinated should still be at lower risk for the flu; there is partial protection rather than complete protection. In response to a question about the number of strains world wide, Dr. Locke said there many different strains of influenza worldwide. Strains that have caused outbreaks in multiple locations are selected for the vaccine for the next year. One of the problems with Influenza A is that the surface proteins are continuously mutating, a process known as "antigenic drift". Chair Austin asked if the number of local cases is tracked in any way. Dr. Locke said there is not a system to track or monitor cases or even to tally the number of vaccinations. He said there are rapid lab tests to identify type A, but they are not reportable to health authorities. The best statistics are for hospital admissions for influenza complications. Mortality rates for influenza are clumped together with pneumonia, which together are the 11th leading cause of death in Washington State. Methamphetamine White Paper Jean Baldwin said that the Meth Action Team (MAT) is working on draft recommendations for methamphetamine treatment and outreach to identify use patterns in the community. The MAT, comprised of law enforcement, courts, social services, child protective services, the hospital, and Health Department, reports to the BOCC and has been meeting for about four years. She explained the relationship to the Mental Health Oversight Committee and the recent County Jefferson County Board of Health February 21,2008 Page 2 of 13 • DRAFT ONLY ordinance to increase funding for co-occurring disorder treatment. The State Office of Financial Management has awarded counties some funding for treatment programs. The Meth Action Team is coming forward with recommendations on identifying individuals for methamphetamine treatment and how to possibly augment treatment efforts. She said the Health Department's role is as a facilitator and as liaison between the Substance Abuse Board and the BOCC. She also mentioned the statistical analysis, Methamphetamine Use Patterns in Jefferson County. She noted that this can be found on the Jefferson County web page and more information will be added in a few days. Meth labs are decreasing in Jefferson County and decreasing in Washington State, but the substances are coming from elsewhere. She said that 7 to 8% of Jefferson County youth report having used methamphetamine in their life times, which is higher than the state average. One percent of lower income people report having used methamphetamine in the past year; nine percent report a life time use. That is much higher in the lower socio-economic range. She also said that with regard to publicly funded treatment admissions, our system appears to be working. The only data available is for people who go into treatment with public funding. Where methamphetamine is identified as the primary drug use, the publicly funded treatment rate for Jefferson County is among the 8th highest in adults and 4th highest in youth. She noted the use is very high, but that people are getting into treatment and that figure is rising. The white paper will be available at the next BOH meeting. In response to a question from Commissioner Sullivan, Ms. Baldwin clarified that the Meth Action Team is not the same as the internal work group associated with the Hargrove Bill. • However,the reports/recommendations will be coming out at about the same time. NEW BUSINESS Board of Health Discussion: Proposed Revisions to Jefferson County Septic Code 8.15 and Associated Fee Schedule Member Westerman opened the discussion with the question of how a stakeholder committee might be established and how it would function: How would membership be determined and how many members are appropriate?; What would be the source of funds for providing meeting locations and facilitation? She said she believes there is adequate time, but believes a defensible policy for choosing members is critical to ensure public support for recommendations that eventually emerge from the committee. In addition, administrative support is needed, and funds are extremely tight at this time. Member Sullivan said he had been considering the idea of an addition to the code for a Home Owner/Operator Designee. For this role, a person designated by the home owner would need to be recorded with JC Public Health to perform the operation and maintenance inspection for the home owner. The designee would need to meet the same guidelines and have the qualifications already proposed for the homeowner. He noted that this approach could decrease the cost of training. Member Sullivan added that the training program and information could be made very accessible and convenient, with a test of some kind at the completion. He said the main goal is • to increase the number of inspections and get the preventative maintenance done. One obvious incentive for the home owner is to save money by avoiding a system failure, which would be Jefferson County Board of Health February 21,2008 Page 3 of 13 DRAFT ONLY very costly. He noted that while it is necessary to comply with state law, there are options in the • ways to get that done. Commissioner Austin said that, based on the last meeting, it was clear to him that certain provisions need to be reworked and revised. He mentioned the instance of a citizen who owns several mobile homes, and the ambiguity of the proposal regarding the number of certificates needed. He also questioned why a person would need to take a full course on how to inspect a system every three years and suggested that a much simpler method could be effective. Member Sandoval explained that she had a series of questions after reading the proposed code. She said Chair Austin had touched on one of her questions. For conventional systems, an inspection is required every third year. The inspector certification, allowing a person to inspect their own system, is required every three years. Therefore, a class is required prior to each inspection. However, the continuing education requires them to take an updated class one year prior to the inspection timeline. As written, this requires a continuing education class in the second year and a full class in the third. Member Austin agreed that did not make sense. Member Sandoval agreed that it seemed quite cumbersome that a separate certificate would be required for each property, and suggested there should be some easier way to deal with that. She also noted that the document was challenging to read and required several re-readings to understand the intent. She referred to the underlined portion of page 28, item Key. She suggested some language clarifying that"authorized person" or"inspector" can include the homeowner. On page 29, item I refers to "systems consisting solely of a septic tank and gravity • drain field". She noted that identifying that as a"conventional system"would be clearer. Under letter B, annual professional 0 & M inspections, there is a list of triggers for inspections. She asked, "How does a homeowner know that and how will be they be notified if they fall into these areas, such as critical areas or shorelines jurisdictions, etc?" She said that the information under 7 C is very confusing, and seems to be written much more clearly in item 10 on the following page. She asked if both of those sections are dealing with the same content and if both are needed. Member Westerman noted that the headings are different: one is the Operations and Monitoring Agreement(7) and the other Professional 0 & M Inspection required(10). Ms. Sandoval said that item 7 does not make it clear whether the professional 0 &M inspection is required because the system is out of compliance. If so, it should say, " ....inspection required by a professional...". She also noted the use of the word"lot" in several places where "parcel" or "parcel number" would be appropriate: top of page 9, number 4 and page 2, Accessory Dwelling Unit. She suggested that clarification is needed throughout the document among the terms: lot, parcel and property. She said she had other questions that she would hold until others had a chance to speak. Member Johnson said that he had spoken with a representative from the Environmental Heath Department in Clallam County. They had created a stakeholder committee whose meetings were sometimes attended by as many as 200 people. He noted that Jefferson County would need to find suitable meeting locations. Member Johnson said that Clallam County is basically headed . in the same direction as Jefferson and are still working on how to create the classes or workshops Jefferson County Board of Health February 21,2008 Page 4 of 13 • DRAFT ONLY to certify residents. They are considering allowing certified homeowners to inspect other similar systems on a voluntary basis—because the primary goal is to ensure properly working systems. He said he would like to see a stakeholder group but is uncertain of the best way to do that. Member Sandoval suggested that the BOH should specify the types of stakeholders and experts needed on the working group and limit the number to a maximum of twenty. There was further discussion with support for the stakeholder idea, but with concern about the logistics and staff support. Member Westerman noted that if the BOH could be responsive to citizens' concerns and amend the ordinance to address fees, clarify language and make compliance simpler, perhaps the stakeholder group would not be needed and everyone would be better served. She said she had prepared a list of issues, based on public comments. She discussed the possibility of reduced fees for low income households (indigent and infirmed), cautioning that the actual costs are then born by everyone else. Additional administrative process is needed to qualify and implement such a policy. She also described another issue: identification of non-documented systems. She believes that a strategy for locating those systems should be a priority because these systems are the most likely to be in need of attention. A third issue was finding a less expensive and less time intensive certification process. Can the classes be taught by County employees or provided online? Member Austin and Sullivan spoke • in favor of effective, but simpler and cheaper, classes or training. Member Sullivan added that there is system for finding the septic systems. He said that septic systems must be in good operational order as a requirement for home sales and permits. The average house turnover is 7 years. He said the other incentive is having a system in good working order, and heading off system failure. To maintain property value, homeowners must deal with problems and maintenance. He said that the current staff is able to deal with the present flow of new systems and those associated with home sales/permits. He said this is a good way to maintain an even workload over time until the new process and trained people are in place to deal with all these systems. He said most of the requirements are fixed by the State,but the training/certification is more flexible. Member Westerman said she wished to address the issue raised by a number of citizens that the County should challenge the State and refuse to implement this law, speaking strictly for herself and not the entire BOH. She recalled the experience of the City of Port Townsend twenty years ago in defying the State and refusing the installation of a secondary sewage treatment plant. She said that the City eventually lost and that many more resources were expended in the long run because of that action. She said she did not wish to make a similar mistake, particularly since the intent of this law is noble, i.e. to protect the public health and the environment. She urged finding a way to implement this while educating people about the intention and the desired outcomes. • Member Sandoval added that the higher than average cost of sewer rates in Port Townsend today are due to those decisions twenty years earlier. She said she had other questions and concerns Jefferson County Board of Health February 21,2008 Page 5 of 13 DRAFT ONLY • about the proposal document, which could be taken offline depending on the usual protocols regarding document revisions by the BOH. Member Westerman explained how revisions are typically done. Board member Frissell noted that a copy of the revised code (adopted in July of 2007)had already been sent to the State for their approval. She said that in the draft revisions only the Homeowner portion is brand new. She said that after listening to all the testimony, she was concerned that some people do not seem to understand the reason for these ordinance revisions. She said that when her family inspects its septic system, it is not to look for a failure. It is to identify small or potential problems, so that they can be corrected early. Member Frissell said that 90—95%of the public comments, written or oral, were with regard to Homeowner Operations and Maintenance. She said she agreed that a$200 charge is outrageous, and that is an example of the portions of the ordinance that should be revised. She said that the public had been heard and their suggestions and comments were being taken very seriously. She thanked everyone who had spoken at previous hearings and submitted written comments. Member Frissell asked staff how grants may fit into the plan. Member Sullivan mentioned the $10,000 PUD monies. Referring to the 0 &M costs, Jean Baldwin said that when the shellfish beds were originally closed and two others were threatened, the proposed Clean Water District Plan (with a parcel tax) included the 0 & M costs. In this proposal, all the staff costs were covered, including homeowner education and outreach. However, that plan was not adopted, and those costs have to be funded from a different source. The $40,000 for education by WSU; $200,000 for the Conservation District, and $85,000 for 0 & M (septic system education)were part of that plan and are now gone. Regarding start up . grants, she said that multiple grants are funding various Environmental Health activities. Neil Harrington, Water Quality Manager added that he was currently working under 12 or 13 grants related to Water Quality. Ms. Baldwin said that looking for new grants is a continuous process. The highest priority has been cleaning up shellfish areas and marine recovery issues and staff will continue to seek additional grants. She noted that Clallam County is doing a pilot project on homeowner O&M, with a large citizen committee, and that it may be well to track its progress and copy what is useful. She said that Jefferson County staff had been attending their meetings and other representatives could be invited as well. Sheila Westerman supported the idea of sending staff to the Clallam meetings to learn from their project. Member Sullivan summarized: restructure the training to cover what is necessary, including administrative compliance with the ordinance and care of the septic system, as well as the inspection procedure. He suggested that a way should be found to keep the fees low and affordable for everyone, so that this need not be totally grant dependent. He said that some of the implementation of the ordinance could be dealt with separately from the ordinance itself. Member Sandoval added, that as the document now reads, each certification for each of a homeowner' properties involves a fee. Member Sullivan suggested that staff needs philosophical direction: Is there support for the homeowner designee concept and is there support for the designee being named on the certificate, similar to a tax preparer/client relationship? The homeowner would have the option of doing it himself or using designee services; major permits or property sales would require the work to be done by a professional. • Jefferson County Board of Health February 21,2008 Page 6 of 13 DRAFT ONLY • Member Westerman asked if there was agreement that the proposed self or designee inspection process would be limited to the conventional systems, and to those outside of critical or shoreline areas. Member Sullivan said he thought that individuals need to be trained/certified for the systems they monitor. Member Westerman then asked if the County would arrange the training for the non-conventional systems. She said she was less comfortable with the concept of homeowner/designee monitoring and inspection for non-conventional systems, as listed in the ordinance. Member Sandoval raised another question about older systems that may not have reserve drain fields. She said she did not see any provision for how the County would handle an instance where that is newly reported, in the absence of any obvious problems. Dr. Locke said those situations typically arise in permit processing;the information triggers certain actions by staff and alerts potential buyers. He said it was not uncommon to have a situation where no reserve has been designated, even though there is an area available for it. In those cases,the staff "urges"them to designate a reserve area and definitely not to build there. Since it is not a failed system, it does not require any type of enforcement action. Member Sullivan added that in the absence of a reserve field or land suitable for a reserve,the monitoring and maintenance was all the more important. He noted that in many areas of the county, soils/drainage are not appropriate for drain field sites. Member Johnson said that he did not know what training is required to inspect a non- conventional system, but he would not wish to preclude that option. Member Sandoval noted • that the trend is moving toward upgrades of systems to more complex ones. Chair Austin said that his sense is that the issue needs further research and consideration, and that the BOH was "no where near approval of this draft ordinance". He asked for Board comments on the options of continuing discussion at a later date, or enlisting staff to refine the draft. Dr. Locke said the proposed revisions fall into three general categories. The first are "housekeeping" changes: clarification of definitions and making them consistent with State or building code definitions; he said he had not heard any public concerns raised in this category. The second category related to incorporating current policies into the ordinance. He said there seemed to be one or two concerns dealing with triggers for sanitary surveys, building permits, and land transactions. They are in existing policy and enforceable now, but should be integrated into the on-site ordinance. The third category concerns homeowner operation and maintenance; he believes there must be greater specificity and a great deal more consideration on these revisions. He recommended that staff come back to the BOH with a revised draft dealing with the first two categories. He said it may take a year or more to work through the homeowner 0 & M issues using stakeholder groups and the efforts of other counties working on similar proposals. Member Sandoval asked whether or not research had already been done on projected training costs. Jean Baldwin briefly described the private vendor RFP process done in July 2007, and the low bid of$200 per homeowner. Dr. Locke noted that that was a"Cadillac version", and acknowledged that a"leaner option"would take time to develop. He said he preferred doing so on a regional or state wide basis rather than having each county expend time and resources • independently. Jefferson County Board of Health February 21,2008 Page 7 of 13 • DRAFT ONLY • After a brief discussion, Member Sandoval asked if a subcommittee/stakeholder group could work on category 3 while staff makes category 1 and 2 revisions, rather than table it. Member Westerman stated that the whole committee should do this. Member Frissell said that more information is needed. Chair Austin noted that staff is open to questions along the way. Dr. Locke said he had a sense of what the Board wants, but would welcome a motion directing further revisions of the septic code. He said language clarification, definitions and policy consistency are the most immediate priorities. Developing a system of homeowner system inspection that is flexible and inexpensive will be difficult but should be achievable. He also invited everyone to look at the 0 &M plan, requirement of the State, adopted last summer(County website), noting that this ordinance is only a part. The plan is based on County responses to a long list of questions posed by the State. He said it discusses the methods for identifying and characterizing all the septic systems; there are components on public education and marine recovery areas. Member Sandoval asked if the property assessor flags properties where structures exist but do not have permitted septic systems. She was told those cases are researched further on a case by case basis. She suggested that they be among the first to be addressed. Chair Austin suggested that the Board accept the recommendation of Dr. Locke on how to proceed. He advised those with additional questions to consult with the staff Phil Johnson reminded that there is a resource available for those with septic problems or failing septic • systems: Shore Bank Cascadia Loans. They can provide long term, very low to zero interest loans or no pay back until the property is sold. 2008 Legislative Update: Bioremediation, Thimerosol Ban and other Public Health Issues Dr. Locke reported that the proposed bill banning Thimerosol did not pass out of its committee of origin and was unlikely to be enacted this year. The bill was of concern to public health officials because it would restrict vaccine use in pregnant women who are at high risk for influenza complications. He reported that the Bioremediation bill did pass the Senate,unanimously. This bill seeks to exempt a particular on-site sewage technology from State review and permitting. Dr. Locke reminded that this Board had taken issue with variations of this bill in the past. The bill has since gone through certain modifications at the suggestion of local health authorities. He said, "In concept, this is something we are opposed to—the Legislature exempting review by the Department of Health." However, one of the issues is that review is expensive, and since the Department of Health has no funding source, it has not been eager to "step into the fray". The Bioremediation bill is now moving into the House. Member Westerman expressed her concern that the DOH had not educated the legislators. Jean Baldwin and Dr. Locke clarified that the Washington Association of Public Health Officials had testified for several days and were successful in getting amendments to the Senate bill. In its • first draft, it exempted these systems from any type of local review. There are two categories: Jefferson County Board of Health February 21,2008 Page 8of13 DRAFT ONLY • for improving the functioning of existing systems and as a repair solution. The latter is of more concern since they are as yet unproven as a repair technology. There was a brief discussion about the origin and impetus of this bill. Dr. Locke explained that the manufacturers have argued that state testing and proving process for biotechnology is too slow. Local health agencies do not believe the testing and certification should be done at the level of the local county health departments. He said that a letter could be sent on behalf of the Board. Member Westerman cited the lack of funding assistance for people with on site septic,noting that this would impose additional burden on the County. Dr. Locke said that this is not a mandate,but this bill would permit a product that has not been subject to the usual testing and certification. Member Frissell recalled that representatives for this type of product had requested BOH agenda time last fall, which had not been granted. Dr. Locke noted the additional factor now affecting the legislature—decreases of$423 million in revenue forecasted by state economists. He said that some of the modest increases in funding for school nurses, school health initiatives and the like will face struggles as the legislatures tries to trim down spending. Sheila Westerman moved that the BOH send another letter to the Legislature requesting that the Bioremediation bill not be passed. The motion was seconded and approved, all in favor. Green Business Designations Jean Baldwin reported that the Quilcene School District is the most recent organization to qualify for this designation, which is awarded based on outstanding recycling and green business practices. Also, a copy of the January 31, 2008 recognition letter to Ravenstone Tiles is included in the meeting packet. Public Health Heroes Jean Baldwin noted that April is Public Health Awareness month. Local Heroes nominations are taken from the community to recognize local heroes, persons or organizations that promote public health in their daily lives. She recalled that past awards included: Glenn Gately from the Conservation District and Main Street's Girls Night Out—Fight against Breast Cancer. She suggested that perhaps this could become an annual event and requested Board support. Member Westerman expressed her support for making this an annual event, and Roberta Frissell offered to help with this year's plans. City of Victoria Sewage Discharge, Request for Board of Health Letters Dr. Locke noted that the Victoria situation is the ultimate lesson in the cost of delaying sewage treatment; opening bids for a secondary system are in the neighborhood of$1.2 billion. He received a request from a waste water treatment advocate in Victoria, which had been directed to • state and local boards of health asking for support. The province is requiring Victoria to implement wastewater treatment and the process is moving forward, but there is considerable Jefferson County Board of Health February 21,2008 Page 9 of 13 DRAFT ONLY • opposition. The Clallam County BOH has directed Dr. Locke to reiterate their position the Victoria implement a modern wastewater treatment facility. After a brief discussion, Sheila Westerman proposed that the Jefferson County BOH respond with a letter of support signed by each individual member. The motion was seconded and approved, all in favor. Activity Update Jean Baldwin reported that Jefferson County was awarded a small grant to do a planning project with Chimacum and Port Townsend School Districts to start a school based health clinic. She said there have been initial discussions with Jefferson General and the school districts about providing primary care in the schools with Public Health staff and Jefferson General staff. She said that if this comes to pass, it is a tremendous gift for our schools. AGENDA PLANNING Member Sandoval mentioned the special committee at the City level looking at homeless issues and related public health issues. She said she would like to discuss the possibility of having that committee meet with the BOH. Board members voiced their support for that suggestion. Member Westerman mentioned the Royer Group and Jean Baldwin confirmed that the report would be finalized by the time of the next meeting. Dr. Locke also noted that the DOH Air Quality Health Assessment is expected to be completed • by the end of February. Jean Baldwin added that the year end performance measures deliverables are always included in the March packet. The next BOH meeting is scheduled for Thursday, March 20 from 2:30 to 4:30 PM at the Pope Marine Building in Port Townsend. PUBLIC COMMENTS Chair Austin asked for a show of hands for those who wished to speak. Based on the response of 10 individuals, he said that speakers would have three minutes each and explained the green, yellow, red light timing protocols. He asked that each person, when called, stand and state their name/address before expressing their comments. Dave Bergeron, Brinnon, mentioned that the Chimacum Grange has seating for 50, is heated, and is generally available on Thursday afternoons. Fee is $25 plus $15 per hour. He expressed support for the BOH "moving in the right direction" on the OSS issue. He also urged them to foster more citizen involvement, including formation of a stakeholder group, which he believes would be able to easily deal with finding meeting rooms and meeting schedules. He was in favor of having training for many local trainers and believed this could be done very inexpensively. • He stated the previous citizen comments urging the Board to "go back to Olympia" did not Jefferson County Board of Health February 21,2008 Page 10 of 13 DRAFT ONLY • intend that a great deal of staff resources be expended; it could have been a letter to the State BOH and legislature requesting that the issues be revisited. He thanked the Board for the public meeting process and expressed anticipation of working with a stakeholder group, if formed. James Fritz, 271 Crutcher Road, Port Townsend, said that he agreed with everything the Board had said and thanked them for it. He also noted that when attempting to pick up a copy of the 53 page draft ordinance, he had been told by staff that no one was in charge of it. He said that without parameters or oversight, a"Cadillac system" emerged. That was a bad start, and the current meetings should have been done from the beginning. Mr. Fritz said that normally one figures 70% education, 20% incentives and 10% enforcement(for those who won't abide by the rules). The real problem is the mechanical systems which can fail at any time, even immediately after inspection. Even more important than inspection is educating people what materials can and cannot be placed in the septic system. Henry Rogers, 150 Old Ferry Road, Port Hadlock, said he was not in favor of having homeowners inspect their own systems. He believes staff should do the inspections, even if more staff must be hired. He also urged the BOH to select a"blue ribbon committee" from the large pool of qualified, smart and willing County citizens,to help solve problems. The committee would receive assignments and report to the BOH Chair. Dennis Schultz, Port Townsend, urged the BOH to require education on the alternative septic • systems. He described the difference in his biofilter system from conventional systems: an artificially created mound rather than trenches, gravel and pipes underground, and a pumping system with a mechanical timer. He also said that since he has never signed any agreement or license agreement with the designers of the system,he is not bound by any agreement the County may have made with them. Inspection of this system required only 30 minutes, including removing all the covers, checking components, cleaning the filter and observing that everything was working correctly. He said that inspection was not difficult or complicated, and yet it was much more thorough than anything done previously by the PUD. Norman MacLeod, 241 Sand Road, Port Townsend, said he wished to thank everyone for identifying why the draft is "not ready for prime time". He said that while he can appreciate concern about the possible expense of convening a citizen's panel, he would more sympathetic to that concern if the County were not so ready to collect hundreds of thousands of dollars from citizens every year. He said that one paragraph in the WAC could be changed to reduce the requirements in terms of timing for inspections. He said the door has already been opened by the Legislature. He also said this is not the same as the point source effluent from the Port Townsend water treatment facility from years ago. In his opinion, "we really don't know how much of a problem we have". He said he would appreciate having more thinking and some well informed citizens working on this. He also suggested the use of the large meeting chamber across the street(from Pope Marine) as an alternative meeting location. He added that he had observed that the County is operating open pit toilets within 100 feet of the saltwater tide line within County Park locations. In one case, there may have been leakage of sewage due . associated with storm damage. Jefferson County Board of Health February 21,2008 Page 11 of 13 DRAFT ONLY Herb Beck thanked the Board for its consideration of the issues raised and the decision to continue working on this draft ordinance. He conveyed his experience with a previous large stakeholder group at the Port, and recommended that a stakeholder group be formed in this case. He said the opportunity to participate is important in itself, and will lead to a better outcome, although it is likely to be a compromise for everyone. He said that with 10,000 systems, the cost would need not amount to more than a few dollars per system. Teren MacLeod, 271 Sand Road, thanked the BOH for the process that is in progress. She urged that the unique characteristics of Jefferson County be given consideration when looking at other counties' groundwork and experience. She added that while grant monies are being used to look at what types and where onsite septics are located(and possibly failing), some sourcing of contamination should be done as well. She said there is every reason to believe that wildlife is responsible for a portion of the problem. She said it would be helpful to know where the problems are and where they originate. Roger Short, 1720 Center Road, Chimacum, said that he had a problem with earlier statements about grants and the implications that delaying a project results in higher costs in the long run. He said that often the early adopter has the highest cost, because there are more unknowns and a steeper learning curve. He is also opposed to implementing rules that are unneeded, regardless of grants. He agrees that State mandates must provide the funding needed, as well. He suggested: retaining the current permit driven inspection; putting some focus on the small number(0.25 -0.5%) of easy to identify problem systems, and "the rest of us will follow suit and do a better job". Roger Pitt said that he has an alternative system near the shoreline. He said that as a conscientious person, he checks his system frequently. He would like to know where his situation fits in the context of this state law now. He mentioned that he had had a contract($50) will the PUD. He urged the BOH to consider inclusion of alternative systems in the education and homeowner inspection process. What is the interpretation of the State law for people like him? Denver (last name inaudible) said he did not support charging $200 per person where large numbers of people could be trained in another way for a much lower cost. He suggested that County staff educate themselves or be trained,then produce a tape from which citizens can learn the inspection techniques. He described a situation involving a permit denial for a friend's septic system, which led him to believe that Health Department staff cannot be trusted to be fair and unbiased. Roseanne Oldson, Brinnon, described a long standing situation on Seal Rock Road that she said had been reported to County officials on several occasions, with no resolution. A single family dwelling was converted to a tri-plex, and the septic system was under the garage. She reported seeing exposed sewage there. She estimated that at least seven nearby homes pump out into Hood Canal. She noted that the PUD had done inspections for her home in the past, but that she recently discovered that the alarm system had never been hooked up for 10 years. She urged the BOH to enforce the health code for existing properties before approving the Blackpoint Resort. • Jefferson County Board of Health February 21,2008 Page 12 of 13 DRAFT ONLY . Michael Belenski stated that Health Department actions are arbitrary, capricious and inconsistent. He described his experience with helping a neighbor fix his septic system so that the family could stay in their house, and the lack of help from the Health Department regarding information about low interest loans. He described his negative impression of the Health Department and staff. He described his understanding of the role of the Health Department and the power of staff to apply regulations in whatever way they choose. He explained that he has, therefore, never allowed an inspection of his septic because he anticipates that staff will "create a violation" and put him in the same financial and emotional hardship as has been done to many other citizens. He said that it is illegal to withhold permit approval because a homeowner has refused staff access to his property. Dana Roberts, Jefferson PUD Commissioner, District 1 said he was impressed with what the BOH had done. He thanked David Sullivan for mentioning the $10,000 the PUD has put toward effectuation of the policy. He said the intention was to focus on making the education available. He asked that as expenditures of the program are reviewed, it would be well to keep the cost of education per person as low as possible. He said he had learned a great deal from the meeting process and wished the BOH luck in working through the remaining issues. Chair Austin adjoined the meeting at 4:40 PM. Next Board of Health meeting is April 17, 2008 I JEFFERSON COUNTY BOARD OF HEALTH John Austin, Chair Sheila Westerman, Vice Chair Excused Roberta Frissell, Member Chuck Russell, Member Phil Johnson, Member David Sullivan, Member Michelle Sandoval, Member S Jefferson County Board of Health February 21,2008 Page 13 of 13 JEFFERSON COUNTY BOARD OF HEALTH MINUTES Thursday, February 21, 2008 2:30 PM— 4:40 PM 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 Director John Austin, Chair,County Commissioner,District#3 Julia Danskin,Nursing Services Director Chuck Russell,Hospital Commissioner District#2 Michelle Sandoaval,Port Townsend City Council Sheila Westerman, Vice Chair, Citizen at large(City) Roberta Frissell, Citizen at large(County) Chair John Austin called the meeting of the Jefferson County Board of Health to order at 2:30 PM in the Pope Marine Building, Port Townsend. He explained that this was a regularly scheduled meeting, not a public hearing, and that public comments would be welcome at the end of the meeting. He called for a round of self introductions of board members and staff. Members Present: John Austin, Roberta Frissell, Phil Johnson, Michelle Sandoval, David Sullivan, Sheila Westerman 110 Members Absent: Chuck Russell Staff Present: Jean Baldwin, Dr. Thomas Locke, Veronica Shaw,Neil Harrington, Gail Bernhard(Recorder) A quorum was present. APPROVAL OF AGENDA Chair Austin asked for a change to the written agenda to move the public comment period to the end of the meeting. Sheila Westerman moved to approve the Agenda, as changed, which was seconded and approved, all in favor. APPROVAL OF MINUTES OF JANUARY 17, 2008 Approval of Minutes January 17, 2008: Sheila Westerman noted that the list of attendees was not consistent with her recollection of who was present at that meeting. Although it states that all members were present, she noted that Phil Johnson had not attended. Also, Veronica Shaw was present, but is not listed as present. Julia Danskin is listed as present, but did not attend. She also noted that she had asked for clarification on whether,procedurally, there had been sufficient members present and voting at the January meeting to approve the minutes for the previous meeting of December 20, 2007. Dr. Locke said he had checked and found that some members may have abstained. Sheila Westerman said that two members had abstained from • approval of minutes because they had not been present at the December meeting. Dr. Locke Jefferson County Board of Health February 21,2008 Page 1 of 13 • confirmed that there had been a quorum present. Procedurally, since a quorum was present and a majority of those voting were in favor of approval of the minutes, that approval stands as valid. CIS aft.2nded Sheila Westerman moved for approval of the minutes of January 17 the motion was seconded and approved,with one abstention. OLD BUSINESS Influenza Season Update Dr. Locke reported widespread activity for both types of Influenza A and a small amount of activity for Influenza B this year in Washington state and nationally. He said we are likely to be at the peak or very close to the peak for this season. Based on past seasons,the peak period lasts for two or three weeks; then drops off. The timing for this year is very similar to the previous year, when the influenza season peaked in February as well. He noted,however, a difference this year in the match up between the strains used for the vaccines and the strains presently circulating in the population. There are three components to the vaccine: two types of Influenza A and one type Influenza B. He said the match up is very good for one of the A strains, but only about a 13%match with the other type of Influenza A. The match up with the B strain is about 7%. The result is that the vaccine will offer protection for about half the strains that people are likely to encounter. Dr. Locke said that because the efficacy is lower than usual, the proposal is to completely reformulate the vaccine for next year. He explained that although this international statistical forecast as to what strains will be circulation is usually quite accurate,this year was an exception. However, he added that those who are vaccinated should still be at lower risk for the flu; there is partial protection rather than complete protection. In response to a question about the number of strains world wide, Dr. Locke said there many different strains of influenza worldwide. Strains that have caused outbreaks in multiple locations are selected for the vaccine for the next year. One of the problems with Influenza A is that the surface proteins are continuously mutating, a process known as "antigenic drift". Chair Austin asked if the number of local cases is tracked in any way. Dr. Locke said there is not a system to track or monitor cases or even to tally the number of vaccinations. He said there are rapid lab tests to identify type A, but they are not reportable to health authorities. The best statistics are for hospital admissions for influenza complications. Mortality rates for influenza are clumped together with pneumonia, which together are the 11th leading cause of death in Washington State. Methamphetamine White Paper Jean Baldwin said that the Meth Action Team(MAT) is working on draft recommendations for methamphetamine treatment and outreach to identify use patterns in the community. The MAT, comprised of law enforcement, courts, social services, child protective services,the hospital, and Health Department, reports to the BOCC and has been meeting for about four years. She explained the relationship to the Mental Health Oversight Committee and the recent County • ordinance to increase funding for co-occurring disorder treatment. The State Office of Financial Jefferson County Board of Health February 21,2008 Page 2 of 13 • Management has awarded counties some funding for treatment programs. The Meth Action Team is coming forward with recommendations on identifying individuals for methamphetamine treatment and how to possibly augment treatment efforts. She said the Health Department's role is as a facilitator and as liaison between the Substance Abuse Board and the BOCC. She also mentioned the statistical analysis, Methamphetamine Use Patterns in Jefferson County. She noted that this can be found on the Jefferson County web page and more information will be added in a few days. Meth labs are decreasing in Jefferson County and decreasing in Washington State, but the substances are coming from elsewhere. She said that 7 to 8% of Jefferson County youth report having used methamphetamine in their life times, which is higher than the state average. One percent of lower income people report having used methamphetamine in the past year; nine percent report a life time use. That is much higher in the lower socio-economic range. She also said that with regard to publicly funded treatment admissions, our system appears to be working. The only data available is for people who go into treatment with public funding. Where methamphetamine is identified as the primary drug use, the publicly funded treatment rate for Jefferson County is among the 8th highest in adults and 4th highest in youth. She noted the use is very high, but that people are getting into treatment and that figure is rising. The white paper will be available at the next BOH meeting. In response to a question from Commissioner Sullivan, Ms. Baldwin clarified that the Meth Action Team is not the same as the internal work group associated with the Hargrove Bill. However, the reports/recommendations will be coming out at about the same time. S NEW BUSINESS Board of Health Discussion: Proposed Revisions to Jefferson County Septic Code 8.15 and Associated Fee Schedule Member Westerman opened the discussion with the question of how a stakeholder committee might be established and how it would function: How would membership be determined and how many members are appropriate?; What would be the source of funds for providing meeting locations and facilitation? She said she believes there is adequate time, but believes a defensible policy for choosing members is critical to ensure public support for recommendations that eventually emerge from the committee. In addition, administrative support is needed, and funds are extremely tight at this time. Member Sullivan said he had been considering the idea of an addition to the code for a Home Owner/Operator Designee. For this role, a person designated by the home owner would need to be recorded with JC Public Health to perform the operation and maintenance inspection for the home owner. The designee would need to meet the same guidelines and have the qualifications already proposed for the homeowner. He noted that this approach could decrease the cost of training. Member Sullivan added that the training program and information could be made very accessible and convenient, with a test of some kind at the completion. He said the main goal is to increase the number of inspections and get the preventative maintenance done. One obvious incentive for the home owner is to save money by avoiding a system failure, which would be 4111 very costly. He noted that while it is necessary to comply with state law, there are options in the ways to get that done. Jefferson County Board of Health February 21,2008 Page 3 of 13 Commissioner Austin said that, based on the last meeting, it was clear to him that certain • provisions need to be reworked and revised. He mentioned the instance of a citizen who owns several mobile homes, and the ambiguity of the proposal regarding the number of certificates needed. He also questioned why a person would need to take a full course on how to inspect a system every three years and suggested that a much simpler method could be effective. Member Sandoval explained that she had a series of questions after reading the proposed code. She said Chair Austin had touched on one of her questions. For conventional systems, an inspection is required every third year. The inspector certification, allowing a person to inspect their own system, is required every three years. Therefore, a class is required prior to each inspection. However, the continuing education requires them to take an updated class one year prior to the inspection timeline. As written, this requires a continuing education class in the second year and a full class in the third. Member Austin agreed that did not make sense. Member Sandoval agreed that it seemed quite cumbersome that a separate certificate would be required for each property, and suggested there should be some easier way to deal with that. She also noted that the document was challenging to read and required several re-readings to understand the intent. She referred to the underlined portion of page 28, item Key. She suggested some language clarifying that"authorized person" or"inspector" can include the homeowner. On page 29, item I refers to "systems consisting solely of a septic tank and gravity drain field". She noted that identifying that as a"conventional system"would be clearer. Under letter B, annual professional 0 &M inspections, there is a list of triggers for inspections. She asked, "How does a homeowner know that and how will be they be notified if they fall into1111 these areas, such as critical areas or shorelines jurisdictions, etc?" She said that the information under 7 C is very confusing, and seems to be written much more clearly in item 10 on the following page. She asked if both of those sections are dealing with the same content and if both are needed. Member Westerman noted that the headings are different: one is the Operations and Monitoring Agreement(7) and the other Professional 0 & M Inspection required (10). Ms. Sandoval said that item 7 does not make it clear whether the professional 0 & M inspection is required because the system is out of compliance. If so, it should say, " ....inspection required by a professional...". She also noted the use of the word"lot"in several places where "parcel" or"parcel number" would be appropriate: top of page 9, number 4 and page 2, Accessory Dwelling Unit. She suggested that clarification is needed throughout the document among the terms: lot, parcel and property. She said she had other questions that she would hold until others had a chance to speak. Member Johnson said that he had spoken with a representative from the Environmental Heath Department in Clallam County. They had created a stakeholder committee whose meetings were sometimes attended by as many as 200 people. He noted that Jefferson County would need to find suitable meeting locations. Member Johnson said that Clallam County is basically headed in the same direction as Jefferson and are still working on how to create the classes or workshops to certify residents. They are considering allowing certified homeowners to inspect other similar systems on a voluntary basis—because the primary goal is to ensure properly working systems. • He said he would like to see a stakeholder group but is uncertain of the best way to do that. Jefferson County Board of Health February 21,2008 Page 4 of 13 Member Sandoval suggested that the BOH should specify the types of stakeholders and experts needed on the working group and limit the number to a maximum of twenty. There was further discussion with support for the stakeholder idea, but with concern about the logistics and staff support. Member Westerman noted that if the BOH could be responsive to citizens' concerns and amend the ordinance to address fees, clarify language and make compliance simpler, perhaps the stakeholder group would not be needed and everyone would be better served. She said she had prepared a list of issues, based on public comments. She discussed the possibility of reduced fees for low income households (indigent and infirmed), cautioning that the actual costs are then born by everyone else. Additional administrative process is needed to qualify and implement such a policy. She also described another issue: identification of non-documented systems. She believes that a strategy for locating those systems should be a priority because these systems are the most likely to be in need of attention. A third issue was finding a less expensive and less time intensive certification process. Can the classes be taught by County employees or provided online? Member Austin and Sullivan spoke in favor of effective, but simpler and cheaper, classes or training. Member Sullivan added that there is system for finding the septic systems. He said that septic systems must be in good operational order as a requirement for home sales and permits. The • average house turnover is 7 years. He said the other incentive is having a system in good working order, and heading off system failure. To maintain property value, homeowners must deal with problems and maintenance. He said that the current staff is able to deal with the present flow of new systems and those associated with home sales/permits. He said this is a good way to maintain an even workload over time until the new process and trained people are in place to deal with all these systems. He said most of the requirements are fixed by the State,but the training/certification is more flexible. Member Westerman said she wished to address the issue raised by a number of citizens that the County should challenge the State and refuse to implement this law, speaking strictly for herself and not the entire BOH. She recalled the experience of the City of Port Townsend twenty years ago in defying the State and refusing the installation of a secondary sewage treatment plant. She said that the City eventually lost and that many more resources were expended in the long run because of that action. She said she did not wish to make a similar mistake,particularly since the intent of this law is noble, i.e. to protect the public health and the environment. She urged finding a way to implement this while educating people about the intention and the desired outcomes. Member Sandoval added that the higher than average cost of sewer rates in Port Townsend today are due to those decisions twenty years earlier. She said she had other questions and concerns about the proposal document, which could be taken offline depending on the usual protocols regarding document revisions by the BOH. Member Westerman explained how revisions are 411 typically done. Board member Frissell noted that a copy of the revised code (adopted in July of 2007) had already been sent to the State for their approval. She said that in the draft revisions Jefferson County Board of Health February 21,2008 Page 5 of 13 only the Homeowner portion is brand new. She said that after listening to all the testimony, she was concerned that some people do not seem to understand the reason for these ordinance revisions. She said that when her family inspects its septic system, it is not to look for a failure. It is to identify small or potential problems, so that they can be corrected early. Member Frissell said that 90—95% of the public comments, written or oral, were with regard to Homeowner Operations and Maintenance. She said she agreed that a$200 charge is outrageous, and that is an example of the portions of the ordinance that should be revised. She said that the public had been heard and their suggestions and comments were being taken very seriously. She thanked everyone who had spoken at previous hearings and submitted written comments. Member Frissell asked staff how grants may fit into the plan. Member Sullivan mentioned the $10,000 PUD monies. Referring to the 0 & M costs, Jean Baldwin said that when the shellfish beds were originally closed and two others were threatened, the proposed Clean Water District Plan(with a parcel tax) included the 0 & M costs. In this proposal, all the staff costs were covered, including homeowner education and outreach. However, that plan was not adopted, and those costs have to be funded from a different source. The $40,000 for education by WSU; $200,000 for the Conservation District, and $85,000 for 0 & M (septic system education) were part of that plan and are now gone. Regarding start up grants, she said that multiple grants are funding various Environmental Health activities. Neil Harrington, Water Quality Manager added that he was currently working under 12 or 13 grants related to Water Quality. Ms. Baldwin said that looking for new grants is a continuous process. The highest priority has been cleaning up shellfish areas and marine recovery issues and staff will continue to seek additional grants. She noted that Clallam County is doing a pilot project on • homeowner O&M, with a large citizen committee, and that it may be well to track its progress and copy what is useful. She said that Jefferson County staff had been attending their meetings and other representatives could be invited as well. Sheila Westerman supported the idea of sending staff to the Clallam meetings to learn from their project. Member Sullivan summarized: restructure the training to cover what is necessary, including administrative compliance with the ordinance and care of the septic system, as well as the inspection procedure. He suggested that a way should be found to keep the fees low and affordable for everyone, so that this need not be totally grant dependent. He said that some of the implementation of the ordinance could be dealt with separately from the ordinance itself. Member Sandoval added, that as the document now reads, each certification for each of a homeowner' properties involves a fee. Member Sullivan suggested that staff needs philosophical direction: Is there support for the homeowner designee concept and is there support for the designee being named on the certificate, similar to a tax preparer/client relationship? The homeowner would have the option of doing it himself or using designee services; major permits or property sales would require the work to be done by a professional. Member Westerman asked if there was agreement that the proposed self or designee inspection process would be limited to the conventional systems, and to those outside of critical or shoreline areas. Member Sullivan said he thought that individuals need to be trained/certified for the systems they monitor. Member Westerman then asked if the County would arrange the training for the non-conventional systems. She said she was less comfortable with the concept of Jefferson County Board of Health February 21,2008 Page 6 of 13 • homeowner/designee monitoring and inspection for non-conventional systems, as listed in the ordinance. Member Sandoval raised another question about older systems that may not have reserve drain fields. She said she did not see any provision for how the County would handle an instance where that is newly reported, in the absence of any obvious problems. Dr. Locke said those situations typically arise in permit processing; the information triggers certain actions by staff and alerts potential buyers. He said it was not uncommon to have a situation where no reserve has been designated, even though there is an area available for it. In those cases,the staff "urges"them to designate a reserve area and definitely not to build there. Since it is not a failed system, it does not require any type of enforcement action. Member Sullivan added that in the absence of a reserve field or land suitable for a reserve, the monitoring and maintenance was all the more important. He noted that in many areas of the county, soils/drainage are not appropriate for drain field sites. Member Johnson said that he did not know what training is required to inspect a non- conventional system, but he would not wish to preclude that option. Member Sandoval noted that the trend is moving toward upgrades of systems to more complex ones. Chair Austin said that his sense is that the issue needs further research and consideration, and that the BOH was "no where near approval of this draft ordinance". He asked for Board comments on the options of continuing discussion at a later date, or enlisting staff to refine the • draft. Dr. Locke said the proposed revisions fall into three general categories. The first are "housekeeping" changes: clarification of definitions and making them consistent with State or building code definitions; he said he had not heard any public concerns raised in this category. The second category related to incorporating current policies into the ordinance. He said there seemed to be one or two concerns dealing with triggers for sanitary surveys, building permits, and land transactions. They are in existing policy and enforceable now, but should be integrated into the on-site ordinance. The third category concerns homeowner operation and maintenance; he believes there must be greater specificity and a great deal more consideration on these revisions. He recommended that staff come back to the BOH with a revised draft dealing with the first two categories. He said it may take a year or more to work through the homeowner 0 & M issues using stakeholder groups and the efforts of other counties working on similar proposals. Member Sandoval asked whether or not research had already been done on projected training costs. Jean Baldwin briefly described the private vendor RFP process done in July 2007, and the low bid of$200 per homeowner. Dr. Locke noted that that was a"Cadillac version", and acknowledged that a"leaner option"would take time to develop. He said he preferred doing so on a regional or state wide basis rather than having each county expend time and resources independently. After a brief discussion, Member Sandoval asked if a subcommittee/stakeholder group could work on category 3 while staff makes category 1 and 2 revisions, rather than table it. Member Westerman stated that the whole committee should do this. Member Frissell said that more 411 information is needed. Chair Austin noted that staff is open to questions along the way. Jefferson County Board of Health February 21,2008 Page 7 of 13 Dr. Locke said he had a sense of what the Board wants,but would welcome a motion directing further revisions of the septic code. He said language clarification, definitions and policy 411 consistency are the most immediate priorities. Developing a system of homeowner system inspection that is flexible and inexpensive will be difficult but should be achievable. He also invited everyone to look at the 0 &M plan,requirement of the State, adopted last summer (County website), noting that this ordinance is only a part. The plan is based on County responses to a long list of questions posed by the State. He said it discusses the methods for identifying and characterizing all the septic systems; there are components on public education and marine recovery areas. Member Sandoval asked if the property assessor flags properties where structures exist but do not have permitted septic systems. She was told those cases are researched further on a case by case basis. She suggested that they be among the first to be addressed. Chair Austin suggested that the Board accept the recommendation of Dr. Locke on how to proceed. He advised those with additional questions to consult with the staff. Phil Johnson reminded that there is a resource available for those with septic problems or failing septic systems: Shore Bank Cascadia Loans. They can provide long term, very low to zero interest loans or no pay back until the property is sold. 2008 Legislative Update: Bioremediation, Thimerosol Ban and other Public Health Issues Dr. Locke reported that the proposed bill banning Thimerosol did not pass out of its committee • of origin and was unlikely to be enacted this year. The bill was of concern to public health officials because it would restrict vaccine use in pregnant women who are at high risk for influenza complications. He reported that the Bioremediation bill did pass the Senate, unanimously. This bill seeks to exempt a particular on-site sewage technology from State review and permitting. Dr. Locke reminded that this Board had taken issue with variations of this bill in the past. The bill has since gone through certain modifications at the suggestion of local health authorities. He said, "In concept, this is something we are opposed to—the Legislature exempting review by the Department of Health." However, one of the issues is that review is expensive, and since the Department of Health has no funding source, it has not been eager to "step into the fray". The Bioremediation bill is now moving into the House. Member Westerman expressed her concern that the DOH had not educated the legislators. Jean Baldwin and Dr. Locke clarified that the Washington Association of Public Health Officials had testified for several days and were successful in getting amendments to the Senate bill. In its first draft, it exempted these systems from any type of local review. There are two categories: for improving the functioning of existing systems and as a repair solution. The latter is of more concern since they are as yet unproven as a repair technology. There was a brief discussion about the origin and impetus of this bill. Dr. Locke explained that the manufacturers have argued that state testing and proving process for biotechnology is too • slow. Local health agencies do not believe the testing and certification should be done at the Jefferson County Board of Health February 21,2008 Page 8 of 13 . . • level of the local county health departments. He said that a letter could be sent on behalf of the Board. Member Westerman cited the lack of funding assistance for people with on site septic, noting that this would impose additional burden on the County. Dr. Locke said that this is not a mandate, but this bill would permit a product that has not been subject to the usual testing and certification. Member Frissell recalled that representatives for this type of product had requested BOH agenda time last fall, which had not been granted. Dr. Locke noted the additional factor now affecting the legislature—decreases of$423 million in revenue forecasted by state economists. He said that some of the modest increases in funding for school nurses, school health initiatives and the like will face struggles as the legislatures tries to trim down spending. Sheila Westerman moved that the BOH send another letter to the Legislature requesting that the Bioremediation bill not be passed. The motion was seconded and approved, all in favor. Green Business Designations Jean Baldwin reported that the Quilcene School District is the most recent organization to qualify for this designation, which is awarded based on outstanding recycling and green business practices. Also, a copy of the January 31, 2008 recognition letter to Ravenstone Tiles is included • in the meeting packet. Public Health Heroes Jean Baldwin noted that April is Public Health Awareness month. Local Heroes nominations are taken from the community to recognize local heroes, persons or organizations that promote public health in their daily lives. She recalled that past awards included: Glenn Gately from the Conservation District and Main Street's Girls Night Out—Fight against Breast Cancer. She suggested that perhaps this could become an annual event and requested Board support. Member Westerman expressed her support for making this an annual event, and Roberta Frissell offered to help with this year's plans. City of Victoria Sewage Discharge,Request for Board of Health Letters Dr. Locke noted that the Victoria situation is the ultimate lesson in the cost of delaying sewage treatment; opening bids for a secondary system are in the neighborhood of$1.2 billion. He received a request from a waste water treatment advocate in Victoria, which had been directed to state and local boards of health asking for support. The province is requiring Victoria to implement wastewater treatment and the process is moving forward, but there is considerable opposition. The Clallam County BOH has directed Dr. Locke to reiterate their position the Victoria implement a modern wastewater treatment facility. After a brief discussion, Sheila Westerman proposed that the Jefferson County BOH respond with a letter of support signed by each individual member. The motion was seconded and approved, all in favor. • Jefferson County Board of Health February 21,2008 Page 9 of 13 Activity Update • Jean Baldwin reported that Jefferson County was awarded a small grant to do a planning project with Chimacum and Port Townsend School Districts to start a school based health clinic. She said there have been initial discussions with Jefferson General and the school districts about providing primary care in the schools with Public Health staff and Jefferson General staff. She said that if this comes to pass, it is a tremendous gift for our schools. AGENDA PLANNING Member Sandoval mentioned the special committee at the City level looking at homeless issues and related public health issues. She said she would like to discuss the possibility of having that committee meet with the BOH. Board members voiced their support for that suggestion. Member Westerman mentioned the Royer Group and Jean Baldwin confirmed that the report would be finalized by the time of the next meeting. Dr. Locke also noted that the DOH Air Quality Health Assessment is expected to be completed by the end of February. Jean Baldwin added that the year end performance measures deliverables are always included in the March packet. The next BOH meeting is scheduled for Thursday, March 20 from 2:30 to 4:30 PM at the Pope • Marine Building in Port Townsend. PUBLIC COMMENTS Chair Austin asked for a show of hands for those who wished to speak. Based on the response of 10 individuals, he said that speakers would have three minutes each and explained the green, yellow, red light timing protocols. He asked that each person, when called, stand and state their name/address before expressing their comments. Dave Bergeron, Brinnon, mentioned that the Chimacum Grange has seating for 50, is heated, and is generally available on Thursday afternoons. Fee is $25 plus $15 per hour. He expressed support for the BOH"moving in the right direction"on the OSS issue. He also urged them to foster more citizen involvement, including formation of a stakeholder group, which he believes would be able to easily deal with finding meeting rooms and meeting schedules. He was in favor of having training for many local trainers and believed this could be done very inexpensively. He stated the previous citizen comments urging the Board to "go back to Olympia" did not intend that a great deal of staff resources be expended; it could have been a letter to the State BOH and legislature requesting that the issues be revisited. He thanked the Board for the public meeting process and expressed anticipation of working with a stakeholder group, if formed. James Fritz, 271 Crutcher Road, Port Townsend, said that he agreed with everything the Board • had said and thanked them for it. He also noted that when attempting to pick up a copy of the 53 Jefferson County Board of Health February 21,2008 Page 10 of 13 • page draft ordinance, he had been told by staff that no one was in charge of it. He said that without parameters or oversight, a"Cadillac system"emerged. That was a bad start, and the current meetings should have been done from the beginning. Mr. Fritz said that normally one figures 70%education, 20% incentives and 10%enforcement (for those who won't abide by the rules). The real problem is the mechanical systems which can fail at any time, even immediately after inspection. Even more important than inspection is educating people what materials can and cannot be placed in the septic system. Henry Rogers, 150 Old Ferry Road, Port Hadlock, said he was not in favor of having homeowners inspect their own systems. He believes staff should do the inspections, even if more staff must be hired. He also urged the BOH to select a"blue ribbon committee" from the large pool of qualified, smart and willing County citizens, to help solve problems. The committee would receive assignments and report to the BOH Chair. Dennis Schultz, Port Townsend, urged the BOH to require education on the alternative septic systems. He described the difference in his biofilter system from conventional systems: an artificially created mound rather than trenches, gravel and pipes underground, and a pumping system with a mechanical timer. He also said that since he has never signed any agreement or license agreement with the designers of the system,he is not bound by any agreement the County may have made with them. Inspection of this system required only 30 minutes, including removing all the covers, checking components, cleaning the filter and observing that everything was working correctly. He said that inspection was not difficult or complicated, and yet it was • much more thorough than anything done previously by the PUD. Norman MacLeod, 241 Sand Road, Port Townsend, said he wished to thank everyone for identifying why the draft is "not ready for prime time". He said that while he can appreciate concern about the possible expense of convening a citizen's panel, he would more sympathetic to that concern if the County were not so ready to collect hundreds of thousands of dollars from citizens every year. He said that one paragraph in the WAC could be changed to reduce the requirements in terms of timing for inspections. He said the door has already been opened by the Legislature. He also said this is not the same as the point source effluent from the Port Townsend water treatment facility from years ago. In his opinion, "we really don't know how much of a problem we have". He said he would appreciate having more thinking and some well informed citizens working on this. He also suggested the use of the large meeting chamber across the street(from Pope Marine) as an alternative meeting location. He added that he had observed that the County is operating open pit toilets within 100 feet of the saltwater tide line within County Park locations. In one case, there may have been leakage of sewage due associated with storm damage. Herb Beck thanked the Board for its consideration of the issues raised and the decision to continue working on this draft ordinance. He conveyed his experience with a previous large stakeholder group at the Port, and recommended that a stakeholder group be formed in this case. He said the opportunity to participate is important in itself, and will lead to a better outcome, • although it is likely to be a compromise for everyone. He said that with 10,000 systems, the cost would need not amount to more than a few dollars per system. Jefferson County Board of Health February 21,2008 Page 11 of 13 Teren MacLeod, 271 Sand Road, thanked the BOH for the process that is in progress. She urged • that the unique characteristics of Jefferson County be given consideration when looking at other counties' groundwork and experience. She added that while grant monies are being used to look at what types and where onsite septics are located (and possibly failing), some sourcing of contamination should be done as well. She said there is every reason to believe that wildlife is responsible for a portion of the problem. She said it would be helpful to know where the problems are and where they originate. Roger Short, 1720 Center Road, Chimacum, said that he had a problem with earlier statements about grants and the implications that delaying a project results in higher costs in the long run. He said that often the early adopter has the highest cost, because there are more unknowns and a steeper learning curve. He is also opposed to implementing rules that are unneeded,regardless of grants. He agrees that State mandates must provide the funding needed, as well. He suggested: retaining the current permit driven inspection; putting some focus on the small number(0.25 -0.5%) of easy to identify problem systems, and "the rest of us will follow suit and do a better job". Roger Pitt said that he has an alternative system near the shoreline. He said that as a conscientious person, he checks his system frequently. He would like to know where his situation fits in the context of this state law now. He mentioned that he had had a contract($50) will the PUD. He urged the BOH to consider inclusion of alternative systems in the education and homeowner inspection process. What is the interpretation of the State law for people like him? • Denver (last name inaudible) said he did not support charging $200 per person where large numbers of people could be trained in another way for a much lower cost. He suggested that County staff educate themselves or be trained,then produce a tape from which citizens can learn the inspection techniques. He described a situation involving a permit denial for a friend's septic system, which led him to believe that Health Department staff cannot be trusted to be fair and unbiased. Roseanne Oldson, Brinnon, described a long standing situation on Seal Rock Road that she said had been reported to County officials on several occasions, with no resolution. A single family dwelling was converted to a tri-plex, and the septic system was under the garage. She reported seeing exposed sewage there. She estimated that at least seven nearby homes pump out into Hood Canal. She noted that the PUD had done inspections for her home in the past,but that she recently discovered that the alarm system had never been hooked up for 10 years. She urged the BOH to enforce the health code for existing properties before approving the Blackpoint Resort. Michael Belenski stated that Health Department actions are arbitrary, capricious and inconsistent. He described his experience with helping a neighbor fix his septic system so that the family could stay in their house, and the lack of help from the Health Department regarding information about low interest loans. He described his negative impression of the Health Department and staff. He described his understanding of the role of the Health Department and the power of staff to apply regulations in whatever way they choose. He explained that he has, therefore,never allowed an inspection of his septic because he anticipates that staff will "create a • violation" and put him in the same financial and emotional hardship as has been done to many Jefferson County Board of Health February 21,2008 Page 12 of 13 • other citizens. He said that it is illegal to withhold permit approval because a homeowner has refused staff access to his property. Dana Roberts, Jefferson PUD Commissioner, District 1 said he was impressed with what the BOH had done. He thanked David Sullivan for mentioning the $10,000 the PUD has put toward effectuation of the policy. He said the intention was to focus on making the education available. He asked that as expenditures of the program are reviewed, it would be well to keep the cost of education per person as low as possible. He said he had learned a great deal from the meeting process and wished the BOH luck in working through the remaining issues. Chair Austin adjoined the meeting at 4:40 PM. Next Board of Health meeting is April 17, 2008 JEFFERSON COUNTY BOARD OF HEALTH VibJo Austin, Chair Sheila Westerman, Vice Chair f441; Excused Roberta Frissell, Member Chuck Russell, Member Phil Johhs`on, Member David ulliv , n.er i Michelle Sandoval, Member • Jefferson County Board of Health February 21,2008 Page 13 of 13 • Board of 3-feaCth 0 Cd Business _Agenda Items # IV., 3 Letter Re: SB6620 • Nlarch 20, 2008 • JEFFERSON COUNTY PUBLIC HEALTH 1 � 615 Sheridan Street • Port Townsend •Washington • 98368 oc • www.jeffersoncountypublichealth.org February 28, 2008 Representative Lynn Kessler 339A Legislative Building PO Box 40600 Olympia, WA 98504-0600 Rep. Kevin Van De Wege 316 John L. O'Brien Building PO Box 40600 Olympia, WA 98504-0600 Dear Representatives Kessler and Van De Wege: At the February 21, 2008 meeting of the Jefferson County Board of Health, SB 6620 was discussed and the Board voted unanimously to oppose this legislation. SB 6620 seeks to exempt certain types of on-site sewage treatment devices from the regulatory framework that has been set up to certify the effectiveness of such devices. The justification for this exemption is to remove"regulatory barriers to access to new technologies". • The Jefferson County Board of Health has opposed similar legislation in the past. On- site sewage technologies must be more than"new"to fulfill their essential public health functions. They must also be effective and reliable. The Washington State Department of Health assesses the effectiveness of these systems on a statewide basis and local health jurisdictions depend on these evaluations in the review and approval of septic system designs. To the extent there are regulatory barriers to Department of Health's evaluation of new technologies, they has been created by lack of sufficient resources to carry out the task. SB 6620 essentially bypasses this statewide process and shifts the responsibility for evaluating the effectiveness of new"bioremediation" devices to 35 separate local health jurisdictions. These jurisdictions have neither the resources nor the technical expertise to evaluate the claims of uncertified on-site sewage system technologies. We appreciate the amendments to SB 6620 that have clarified the authority of local health officers to approve or disapprove the use of bioremediation devices to correct septic system failures. We also support the goal of State Board of Health rulemaking to establish a science-based process for the evaluation and approval of these devices. We ask you, as our legislative representatives, to oppose this unnecessary and potentially harmful bill. As we work to protect the marine shorelines and freshwater resources of Jefferson County from the potential impacts of failing on-site sewage systems, we need . COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH DEVELOPMENTAL DISABILITIES ALWAYS WORKING R SAFER AND WATER QUALITY FAX.360385-9401AIN: 00 HEALTHIER COMMUNITY MAIX: 360379-4487 FAX: 364379-4487 greater assurance that expensive"new technologies" are effective and reliable, not • reduced standards for unproven sewage treatment devices. Thank you for your attention to this issue. Sincerely, John Austin Chair Jefferson County Board of Health • COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH • DEVELOPMENTAL DISABILITIES ;cra pr n NATURAL RESOURCES MAIN:360-385-9400 AL.AYS N RKING FORA SAF~ AND MAIN:360-385-9444 FAX:360-385-9401 HEALTHIER COMMUNITY FAX:360-385-9401 • Board of HeaCth Odd Business .agenda Item # IV., 4 Region 2 Public 3feaCth NetivsCetter • .Larch 20, 2008 • S • • March 2008 { FSA 4111">e.'ei`� : • eglo .,„ n 2 � fi `� $ojt1PeninsuIas ublIc HealthD I S T R I C T cJ�� ..„,, .., • ....,,,,......„ The Viral Trail The University of Washington Clinical Virology Laboratory tracks the incidence of confirmed cases of 5 major respiratory viruses occurring each year,especially during what's comonly RSV called the"flu season." As the graphs from this and the last two years show,f co —flu is Parainfluenza just one strain of respiratory virus that peaks during the"flu season." Adenovirus Influenza A Forecasting the Flu Formula Influenza B Public Health experts use science based data to predict the influenza viruses that will be circulating each year and should be included in the vaccine formula. 2005-2006 Respiratory Virus Detections "Most years,the prediction is very good," according to ayk A Joseph Bresee,an influenza epidemiologist at the CDC. "In 16 > 160 iiikof the last 19 years,we have had a well-matched vaccine." Not a ,D° this year! CDC officials say this year the flu vaccine match was good E 6° for only about 40% of the flu viruses. In good years the match z 0 is more like 70 to 90%. / / / / 1 / / / t / / , According to Bresee,"Every area of the country is • experiencing lots of flu right now." But,experts also say,it's 2006-2007 Respiratory Virus Detections too soon to know if this will be an overall"bad flu season." While adult flu mortality has been higher this year than in the 160 «4 past two years, deaths in children—an important marker of C 100 ::' r � { severity—have been rare. Another concern this year is that flu samples tested were a 1 60 more resistant to oseltamivir. As of 2/29/08,5.7% of the = , influenza A&B viruses tested during this flu season were , resistant to oseltamivir—up from less than 1% last year. 2007-2008 Respiratory Virus Detections Each winter experts gear - _. r)11111kil ' up to predict which flu ,. - �'"" '-0+ I strains will circulate.They 760 .:l ° base the next vaccine on those A\ .14!..° Alli‘ predictions and choose o 100 *-.--4,,,,,, strains that vary slightly from Z the previous year. However,in an unusual turn,the World - - --- ' Health Organization is recommending that next year's flu / / , / / I 1 or / / / / vaccine have a completely different makeup from this year's. Source:UW Clinical Virology Laboratory See more graphs at Favid Cgestion: Three strains of flu are chosen each year for www.depts.washington.edu/rspvirus/ the flu vaccine. How many are from Type A and how many and for continuous updates visit from Type B?The answer is hidden somewhere in the www•cdc.gov/ncidod/dvrd/revb/index.htm • http://www.cdc.gov/flu/professiona Is newsletter. http://www.cdc.gov/flu/weekly/fivactivity.htm The Region 2 Public Health Emergency&Preparedness Program(PHEPR)endeavors,through this newsletter,to keep you,our health care providers in Clallam, Jefferson,and Kitsap Counties,informed about Public Health issues that affect you and the patients you serve.If you have questions,comments or need more information about items in this newsletter,please contact Ruth Westergaard'by phone(360)337-5752,FAX(360)475-9344,email wester@health.co.kitsap.wa.us or at 345 Sixth Street,Suite 300,Bremerton,WA 98337.March 2008 edition published 3/3/08. March 2008-Page 2 •Iv Region 2 , �, • Communicable Disease ,? �� ,��"� �, °£9 14 Surveillance Data •`' 0o ` a` e, 401 � 4 _4$1.° F 'VQ 4.%4:54' 46 c Kitsap wy �� % �► � Q� ,c4" � ho 2007 Cases(as of 12/31/07) 6 13 16 16 1 0 26 10 617 84 2006 Total Cases 8 17 24 12 0 1 18 6 680 65 _ *2006-07 Incidence Rate per 100,000 residents 2.9 6.1 8.2 5.9 ** ** 9.0 3.3 265.7 30.5 National Goal (cases per 100,0001 1.0 13.2 N/A 13.2 1A 13.2 13.2 1.0 170.0 19.0 Jefferson 2007 Cases(as of 12/31/07) 0 2 3 5 2 0 0 1 32 4 2006 Total Cases 0 2 1 6 0 0 0 0 30 6 *2006-07 Incidence Rate per 100,000 residents ** ** ** 19.4 ** ** 0.0 ** 109.2 17.6 National Goal(cases per 100,0001 1.0 13.2 N/A 13.2 N/A 13.2 13.2 1.0 170.0 19.0 C/a//am 2007 Cases(as of 12/31/07) 1 11 6 7 1 0 0 4 115 13 2006 Total Cases 0 3 6 5 0 0 2 1 159 17 • *2006-07 Incidence Rate per 100,000 residents ** 10.3 8.8 8.8 ** ** ** 3.7 201.0 22.0 National Goal(cases per 100,0001 1.0 13.2 N/A 13.2 N/A 13.2 13.2 1.0 170.0 19.0 *2006 population: Kitsap(243,400),Jefferson(28,200),Clallam(67,800) *2007 population: Kitsap(244,800),Jefferson(28,600),Clallam(68,500) **Incidence rates not calculated for<5 cases. Data source: Public Health Issues Management System(PHIMS);Washington State Department of Health Monthly Morbidity Data Region 2 Public Health Kitsap County Health District 345 Sixth Street,Suite 300 Bremerton,WA 98337 11 k S A II a 4 n e S 5 Newly revised guidelines for evaluating and managing community-associated MRSA in skin j and Soft Tissue Infections (SST') in Outpatient Settings(12/07) are available at: http://www.metrokc.gov/health/providers/epidemiology/ !, itMRSA-guidelines.pdf FYI MRSA is not a public health reportable condition. However, Public Health staff are available for S consultation should there be related clusters of disease. Region 2 Public Health extends condolences to the family and friends of the WWU student whose death was attributed to MRSA i pneumonia. Please note methicillin-resistant staph pneumonia is a rare infection. ' • Board of 3-fealth Old Business Agenda Item # 1'V., 5 National-Puff-1c 31- ealth "Wee( • Nlarch 20, Zoog JEFFERSON COUNTY PUBLIC HEALTH • ,#fo 615 Sheridan Street • Port Townsend •Washington •98368 www.jeffersoncountypublichealth.org PRESS RELEASE March 6, 2008 Contact: Julia Danskin Jefferson County Public Health is Celebrating National Public Health Week beginning April 7, 2008 Jefferson County Public Health (JCPH) is celebrating National Public Health Week. This year the National Public Health Week theme is "Climate Change and the Nation's Health" and will be April 7th-13th. JCPH asks you to join us in nominating local Public Health Heroes by telling us their story. JCPH began honoring Public Health Heroes as a way to locally celebrate National Public Health Week. The annual public health awards honor people who live or work in Jefferson County and promote Public Health in their daily lives. Nominations are open to the public through Thursday, March 27th. Please submit a nomination for an individual, agency or group you feel is making a difference in the health of Jefferson County. What is Public Health?: Public Health helps communities to be healthy places to • live, work and play. Public Health provides reliable information you can use to make healthy choices and protects our communities from hazards in the environment. Public health works to prevent health problems before they occur. The focus is on improving an entire community's health through achieving healthier lifestyles. What is a Public Health Hero? A Public Health Hero is a person or organization that promotes public health in their daily lives. Public Health Hero awards could represent the following categories but are open to others: • The Community Health Promotion award honors individuals or groups whose efforts increase the quality of life in the county. • The Public Health Leadership award honors those in our community who have provided leadership in creating policy solutions that assure, promote, and protect the community health. • The Business Merit award recognizes a companies for environmentally sound practices but many make healthy choices in what they sell, how they support employees, and how they promote community health. • The Community Based Organization award recognizes those who provide infrastructure and services that promote public health in a variety of ways. • The Special Recognition for the Public Health Hero honors individuals or organizations who help identify a problem and then help the community work towards its resolution, e.g. planting trees, building trails, promoting physical exercise or health diets, or fitting children's car seats. COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH • DEVELOPMENTAL DISABILITIESMAIN: ALWAYS WORKINGFORASAFERAND WATER QUALITY FAX:36t3 00 85-9401HEALTHIER COMMUNITY MAIN:360385-9444 FAX:360379-4487 I know someone in my community who is a Public Health Hero. How do I • nominate them? • Nomination forms may be picked up at the JCPH office, 615 Sheridan St., Port Townsend, or • Download form online at www.jeffersoncountyoublichealth.orq, or • Request that an application be mailed to you by calling (360) 385-9400 How do I return the completed nomination form? • Drop off or mail completed forms to: JCPH c/o Public Health Heroes, 615 Sheridan Street, Port Townsend, WA 98368, or • Email completed form to oublichealthhero(ajeffersoncountyoublichealth.org, or • Fax completed form to (360) 385-9401 Can I nominate more than one person or group? You can nominate as many deserving people or groups as you like. The deadline for submitting nominations is Thursday, March 27th. Winners will be announced at the April 17th Jefferson County Board of Health meeting. Learn more about National Public Health week and "Climate Change: Our Health in the Balance" at www.nphw.ora. Jefferson County Public Health is always working for a . safer and healthier Jefferson County. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH DEVELOPMENTAL DISABILITIES ALWAYS WORKING FOR,SAFER MAIN: FAX:360-385-9401 4000 85 NATURAL RESOURCES • MAIN:60HEALTHIER COMMUNITY FAX:360-385-9401 Board of 3-feaCth Wow Business .agenda Item #T., 1 Proposed Revisions to • Jefferson County Septic Code 8.i5 March 20, 2oo8 DRAFT S Jefferson County Septic Code 8.15 JCC 8.15.010 AUTHORITY/SCOPE Pursuant to ROW 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 -• .• e•••-• . - ' '. -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, isare hereby adopted by reference as Rules and Regulations of the Jefferson County Board of Health. JCC 8.15.040 ADMINISTRATION The Jefferson County Environmental Health DirectorOfficer, through authority delegated by the Jefferson County Board of Health, . -e -- .- • - _ - a. - - . • e •'_- 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 JC Code 8.15 revised 3-13-2008 page 1 of 55 DRAFT definitions shall also apply in this regulation: • 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 blot 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 anana Homcowncr 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. b72. Assignment of sample ID number. G,3. Labeling/tagging the sample container with assigned number and location taken. d.4. Documentation by authorized sampler of date and location of samples taken. • e 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. JC Code 8.15 revised 3-13-2008 page 2 of 55 DRAFT • Proper identification and location of soil logs and drainfield components at the site are considered to be part of the design. Designer: An individual authorized by the Washington State Department of Licensing to perform design services for on-site wastewater treatment system 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. • e • •• - • . - "-- • e-e ee . •. ee . , -e .-. County Chapter 18.15 as adopted or hereinafter amended. information specified on forms approved by JCPH. Expansion: A change in a residence, facility, site, parcel,-parcels or use that: 1. Causes an on site the sewage systemquantity or quality to exceed its-the existing treatment or disposal capabilitydesiqn flow of the OSS: for example, when a residence is increased from two to three bedroomsi or there is a change in use of the residence;i 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; JC Code 8.15 revised 3-13-2008 page 3 of 55 DRAFT 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 component of the on-site sewage system located in ground water; or 6. Noncompliance with conditions stipulated on the OSS permit. 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. I Gray water: means scwagoSewage 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. their own OSS and who is certified by JCPH to ititypcct end i ioniter the rerformance of that pdrtculdr OSS. This certif;catien deet, riot -1-N ' th h^'d r t^ practice as an a ._ . • . L i . - - -- •- 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 Lot: a designated tract, parcel or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned and utilized. • JC Code 8.15 revised 3-13-2008 page 4 of 55 DRAFT • 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 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. JC Code 8.15 revised 3-13-2008 page 5 of 55 DRAFT Proprietary product: A sewage treatment or distribution technology, method, or • material subject to a patent or a trademark. Pumper: An individual approved with training, skill, and granted a Certificate to operate by experience in the Health Officerpumping of OSS and who is certified by JCPH to remove and transport wastewater or septage from septic tanks, pump chamberss, holding tanks, and portable toilets. Said individuals may repair baffles and hydro jet systems, and install outlet baffle filters in a septic tank. 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. 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. JC Code 8.15 revised 3-13-2008 page 6 of 55 DRAFT • 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 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. JC Code 8.15 revised 3-13-2008 page 7 of 55 DRAFT 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 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. • JC Code 8.15 revised 3-13-2008 page 8 of 55 DRAFT 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 I permitted by JCPH or 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. (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 H alth 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 an-additional ninety (90) daystime 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; 1111 b. Misrepresentation or inaccuracy in the construction plan or the permit application whether intended or accidental, shall be considered as grounds JC Code 8.15 revised 3-13-2008 page 9 of 55 DRAFT 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. (11) On-site sewage disposal permits shall comply with regulations and policies established in the Jefferson County Comprehensive Plan, Jefferson County Zoning 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 the 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. I (14) A soil log report shall be provided on a health departmentJCPH 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. I (15) Uniform soil testing procedures shall be as described under WACWAC 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 • JC Code 8.15 revised 3-13-2008 page 10 of 55 DRAFT 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. 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 ROW 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 JC Code 8.15 revised 3-13-2008 page 11 of 55 DRAFT streams. (3) Sewage system sizing criteria shall comply with the standards in WAC 246-272A. • declares the maximum capacity in bedfeors of the sewage system. or bunk room. 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 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: va i. Directions to the site. Identification if the parcel is within the boundaries of a sewer utility. If connecting to a community OSS provide: 1 1.The name, location and permit number of said system, • JC Code 8.15 revised 3-13-2008 page 12 of 55 DRAFT w2. The name, address and point of contact with the system's • management entity, iii73. A Customer Agreement with the management entity that provides a commitment to serve the parcel. i:iv. All easements impacting the OSS or access to the OSS, whether public or private and whether or not recorded. iv. All Covenants impacting the OSS or access to the OSS, whether public or private and whether or not recorded. (7)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 • I identi 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. 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 of the state, wells, driveways, waterlines, and surface or subsurface drains • within 100' of the system and reserve. JC Code 8.15 revised 3-13-2008 page 13 of 55 DRAFT 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: a}i. The depth of the disposal component from native grade, the vertical separation, and depth of soil cover; Septic tank; Pump tank and its components; €1-}iv. Monitoring and access ports. a.(7) Calculations and assumptions supporting the proposed design, including: a. Soil type b. Hydraulic loading rate in the disposal component c. System&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 a written agreement tothe owner will uncover them for all required O-&-&M inspections •. ---• --e -•- • •- title to the property. —b. Be set on a self levelinglevel, stable base. (11) Distribution boxes shall be fitted with risers to grade. Distribution box risers shall be sized adequately to allow visible inspection of liquid level in the box, shall be constructed of durable materials and shall be equipped with secure, tightly fitted lids. • JC Code 8.15 revised 3-13-2008 page 14 of 55 DRAFT 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. 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. • JC Code 8.15 revised 3-13-2008 page 15 of 55 DRAFT • I 8.15.105 SUBDIVSIONSUBDIVISION REQUIREMENTS • (1) A person proposing the development of Subdivisions, Planned Unit Developments, Binding site plans andSite 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 Approval11 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 ana wet season evaluation during the - . - . - . . . -•. - . . - .. .• .• 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 the Health Department JCPH as well as a letter from an approved management entity indicating that they will meet the standards of JCC8.15.100. 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 • JC Code 8.15 revised 3-13-2008 page 16 of 55 DRAFT 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. - - -. _ e _ -_ . . !•' _. . .. • •_ e- - - • -e : •- - -- • .-.- - ••-• . 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/or ii. identified with the Department of Ecology unique identifying number if available; and/or 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. 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. JC Code 8.15 revised 3-13-2008 page 17 of 55 DRAFT 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 (2) and (35) 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; ii. Measurements to existing site features enabling the first tank manhole to be easily located; iii. A dimensioned reserve area; JC Code 8.15 revised 3-13-2008 page 18 of 55 • DRAFT iv. For repaired or altered OSS, the new, repaired or altered components i 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 GuidelinesRS&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) A Pre occupancy Inspection prior to occupancy of a residence shall be required if permanent structure connected to thc OSS at thc ti—- e - • - -• - •- e - - permit. 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 permanentpower when the permit was finaled. This inspection may be performed by the Health Department 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 410 (1) Certificate Required. It shall be unlawful for any person, firm or corporation to JC Code 8.15 revised 3-13-2008 page 19 of 55 • DRAFT engage in construction, alteration, repair or modification of on-site sewage systems 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 or Operation and Monitoring Specialist.. 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. knowledge of the provisions of this chapter and WAC 246 272A by succe°sful completion of a JCPH examination. If the applicant scores below 70 percent, available examination. Fees for reexamination shall be required. (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. 4111 (3)-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. (4) Lapse of certification for lack of bond, payment of foes or verification of continuing provision of items identified. 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. I (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 bona fide resident owner may construct, alter, repair, or modify a permitted on-site sewage system on his/her own property for his/her own use • JC Code 8.15 revised 3-13-2008 page 20 of 55 DRAFT • 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 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. I (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 JC Code 8.15 revised 3-13-2008 page 21 of 55 DRAFT 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 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, chemicalholding tank, portable toilet, or removing other accumulations of sewage without first having obtained a Septic Tank Pumper's Certificate from he Health Offsar 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. JC Code 8.15 revised 3-13-2008 page 22 of 55 DRAFT • (5) No material/substance shall be discharged into any component of the OSS pumping or maintenance 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 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 the Health OfficerJCPH not later than the tenth day of each month a report on a form providedpaper 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 theeach monthly report. (8) Pump Tank Requirements. Pumping equipment must be presented to JCPH for inspection at the time of certificate application and --- - - - -- -- - - -- health officer 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. JC Code 8.15 revised 3-13-2008 page 23 of 55 DRAFT 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. 8.15.140 OPERATION AND MONITORING SPECIALIST (1) Certificate required. It shall be unlawful for any person, firm or corporation to engage in any e e- _• _ • -•_ •_- • _ _ e 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 the Health OfficerJCPH. 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 of training 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 detcrmincverify 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. • JC Code 8.15 revised 3-13-2008 page 24 of 55 DRAFT • (4) Scope of Practice a. The Operations and Monitoring Specialist may complete regular maintenanccmonitoring 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 watecflow 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 iv. Replace pumps, float switches, and check valves intended to prevent the back flow of effluent into 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. • JC Code 8.15 revised 3-13-2008 page 25 of 55 DRAFT (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) Only certified Operation and Monitoring Specialists that have-also obtained written approval from either the manufacturer or patent holder may eperate and maintain proprietary devices governed by this chapter. (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. (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 the Health nff,cerJCPH 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. i JC Code 8.15 revised 3-13-2008 page 26 of 55 DRAFT • Option 2: Allows property owners tean:,pect zny ncc ^fthe• are a resident owner ("a person who owns and occupies, or intends to occupy, a property."} • 8.15.1 45 HOMEOWNER OPERATOR A Homeowner Operator certificate a-Ilowt the €ertificat, h^dr' r t^ insrect one OSS of e •_ • -e •e • - •e-• e e •• . e - OSS may hold multiple Homeowner Operator certificates. . :.•a....._�.0,::.n mac.:►--is:a�a..._.s n__,:.u.i...-_�ranr...�:�►ty.. - .. Requirements ford homeowner Opera+^r II ^f+ho f^II^%^rin • cc - e• •- ••-. e• a •• _ e :-_ : _ ' - . •: _ • •' a -- e - inspected. JCPH. Each certificate shall be charged a separate fee. ee a e•-e - •:• a ee- . •e- - -e ••:- : •-e - : : .-. a • . . _ ' - Take and pelt,:, a written examination from a 'CPN ' 'r^" ri 19 rr `"in +ho ast e • •- - ...e.: :iJ- • - • based on sy.tem type, be applied to moc' thar ^n ti^m ^'^'n r r' r-ator certificate . The Homeowner Operator certificate does not authorize the holder of that Certificate to111/ authorized person. --••-e ! - _.. within 24 hours of first identifying the failure. ee- : : • e e e a_ - . _ ••••-_ •_ - -e• •e- e --• -- e-• - - ••e and submitting all required documents to JCPH. .• e_ •• • e • • _ .• • - - •e• • A bond is not required for Homeowner Operator certificates. • ' - - - - - ae -e e . _ ' - • e - --••- se . _ --• - . Fees may be charged. . , - e e ee e - -0 e . - e• •. - . e••• e e - e - • - JC Code 8.15 revised 3-13-2008 page 28 of 55 DRAFT • •• e- •*•. •.. -* e• • "'• "'e • " e e • • 4' e • Health Officer to be out of compliance or in violation of-the provisions of this chapter. Suspension/Revocation. A Homeowner Operator certifiee#e may be revoked or suspended as set forth in 8.15.180 if he/she has been . . •d to be ie noneernpliance with the terms of this chapter or has performed with negligence, incompetence, or misrepresentation. • • JC Code 8.15 revised 3-13-2008 page 29 of 55 DRAFT Option g: 6,imil0r to #2, but limited to only .r ncc so-" iq th it rrim n residence. • 8.15.145 HOMEOWNER OPERATOR -0••••• •• -' a s •ip_x_••a• - u► •'•c._i U� .n_.►fl.e-i seajt J- - a - - - -- •: • •- : •••.. - •e-• A • •. • ••. . -: - - • _ . • - Homeowner Operator certificate. : - - - - •. . _ • •-. leG-. -••-• : . -e••-: !: . : • . - - - .-- . _ e e .• ••-: Application 5h611 be made en forms pre\'id d by I Pu sr ^4 ' the OSS to be inspected. JCPH. Each certificate shall be charged a separate fee. Take and writt rl examination-from -a JCP'-1 'iq st'ti ast The Homeowner Operator certifieatc does not authorize the holder of-that Certificate to maintain a proprietary product that reguir s m'i-ir't r-v c by a manufacturer authorized person. The Homeowner Operator t,heN report failure of nn ^n sit s•e-"`ng system to JCPH • within 24 hours of first identifying the failure. ._ ' - . •. - • ..• • -e • -e••-e.• 00- - • - • . . -- .SYJia • ••_. vi :- u �• •:.. ::iii��•i�.:._.:.O..i.►.:oma-e . -e oma.•: • • :�■...0 i:oma.:. :a�a�.. s.•Ci�::n %Magi"a�. �.:.�..w ► - tanks, pump ba,,,int, Gnd other comp"- 'its ^f th system as detailed oh the record drawing for inspection access (as applicable to era and system type), and completing and submitting all required documents to JCPH. Maintenance items shall be reported en-the inspection rcrort to JCPH. •- ••- e - - .. • -• ::..••-- . . A ::•: • •: a• a -a. •e - - - ' -- - • -•. - - •- _ •_• - •- • _ : . . - " - . required within oney er prior to r n ‘^in-1 ^f th ^m^^t^,n^r nn-rator certificate. Fees may be charged. ._.. • --•• • -a'• - - -'-. - • -:....n mi •.-.i�•..:.ao�•a�.•a..��.L: -- •- • fees, and proof of continuing education shall h si thmitt t^ If's'" rior to each Health Officer to be out of complice or in violation of th ^f this n ter. • JC Code 8.15 revised 3-13-2008 page 30 of 55 DRAFT • - - :- . - -- - _ •-� -e••-e •-•- -- •. - e. e e e - - . ' -e e - - '11 ... - • • �� :.���:...._....v::.:�. • - •• e - - _. . .._ .- _ - - • - e misrepresentation. JC Code 8.15 revised 3-13-2008 page 31 of 55 DRAFT 4110 8.15.115 HOMEOWNER OPERATOR A Homeowner Operator certificate allows the aertificnt. h^'d r tr i-r spect one OSS • e : • e e _ . •-e - • •- A sewage :,yotem Homeowner Operator is 'sem t^ `t rarticular individual -:W - -• n i -...�i�:•: ��:�a.r►��:o:.r.m.r.�...•:..u�.:._aa_i.�.u�•�.:��.i.i.:.r:V inspected. JCPH. Each certificate shall be charged a separate fee. •A •• -• e ee a ••• : - • e ee . •. ••••. * ••- specific ;,\A,tern type. Fees my b. ch9rged for this class. ::mr.. .•a..:::i.�iu 'n.,.::...staG.—:.-r.:-- - • - • - - . - . _ •:• •-_ • -- -. : •-.•m:•�.��i.�.s.rJ . �•s: • • : :• iii�::�i�c•:�jA: : ' - The Homeowner Operator certificate does not authorize the holder of that Certificate to • - _ e •e - • 'e-• _ authorized person. • - -••-: - •- - - - within 21 hours of first identifying the failure. : e • e e • ! : e : • • : •. •_ : - •..•.•.e . _ •- -e•-_e !e- _ _ •- . - - _- _ .'.. ::`:,.:•:�.:�r.gin - e "LAMni•:oma-ice.:.��i-in.r�_ _�•�a•�::�_�w c_•n.:��.:��-•rte s�'•c_a...u���•-,L - . and submitting all required documents to JCPH. Maintenance items shall be reported on the inspection rcrort to JCPH. If the syttcm contains a proprietbry prod:^t r qui-rinct m- fit I-" manufacturer _- e. .•such maintenance as part of the required inspection r'ports. A -e -e -: _ _ - _a a • - � :-. .i..ai .1.111=111m••--•::w1_.s• -•oun.o.:.u0r.:.16....i...►:...•..•-r.ra:.i• :. �• • - • -..!u.- � i -� ":�' .�• G.i:ice i tea..���• e - • Fees may be charged. 411, JC Code 8.15 revised 3-13-2008 page 32 of 55 DRAFT • fees, and proof of continuing education shall be submitted to JGPH prior to each - - - .. • • - . - e. -e - e • -:• :•-: -with the terms of this chapter or has performed with negligence,-incompetence, or misrepresentation. fend of Section 145 and its options} • • JC Code 8.15 revised 3-13-2008 page 33 of 55 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. • JC Code 8.15 revised 3-13-2008 page 34 of 55 DRAFT • (3) •a• " e ee •- . 5. e ee . • .• .e-e . . e. . * • - - •• .:- • -•• . approval of the system on forms approved by JCPH. 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 and the Jefferson County Department of Community •' -- '•-- - - •e• - -e •- e- ••-• -e - • . - -- - e. • - e - Ai - - e . the Health Officer or his/her designated representative._. (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. . •- - -• . - •. •- !- - - - • - •- - .ee - • -e or hereinafter amended. - - e e: • • •: •• that include a treatment device or proprietary product in order to meet a `--- • ••_- - - . • _ .' - _ •e: a e: - - • •O maintenance as a condition of approval) e- - e- -e - •- -2 --• • personnel authorized by the manufacturer and certified by JCPH. • JC Code 8.15 revised 3-13-2008 page 35 of 55 DRAFT 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: iii. Receives wastewater of greater than residential strength iv. Receives wastewater from a food-service establishment. v. Is permitted as a nonconforming repair vi. Has horizontal setbacks to a well or surface water less than that required by WAC 246-272A or as amended vii. 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: 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 a conventionalan 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 -e • . - • .e- . -•• - e- • OSS that have not yet received an initial e _ _ - - ' - - -e e- 'e -- O&M Inspection, or ' -• -_ e - - _ - --e••-- hat are not in compliance with the monitoring schedule in Table 1, shall obtain a Professional O&M Inspection and comply • JC Code 8.15 revised 3-13-2008 page 36 of 55 DRAFT • 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 is in a Marine Recovery A -_ _ . -•- • • • _ -_ • . 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. or Local Code. 110 d. Owners of ali-onsite sewage systems (conventional, alternative and proprietary systems after meeting manufactufers training requirements) may obtain operations and monitoring inspections from a Certified Monitoring . .• D- _ • -- e . _ •e•- i. Routine O&M ii. The sale or transfer of a property expansion. - e -•e eee - •••-. . _ • e annually by an approved monitoring entity. v. January 1, 2015 (8) Operation and Monitoring Requirements. a. On-site Sewage Systems in Jefferson County shall be inspected and maintainedmonitored 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: JC Code 8.15 revised 3-13-2008 page 37 of 55 DRAFT • 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 JC-P14 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 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. 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; • JC Code 8.15 revised 3-13-2008 page 38 of 55 • DRAFT • 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 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 JC Code 8.15 revised 3-13-2008 page 39 of 55 DRAFT 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 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 • JC Code 8.15 revised 3-13-2008 page 40 of 55 DRAFT • 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. 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 JC Code 8.15 revised 3-13-2008 page 41 of 55 DRAFT 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 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 • JC Code 8.15 revised 3-13-2008 page 42 of 55 DRAFT • 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 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 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 JC Code 8.15 revised 3-13-2008 page 43 of 55 DRAFT 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. 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. • JC Code 8.15 revised 3-13-2008 page 44 of 55 DRAFT • 1 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 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; 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; JC Code 8.15 revised 3-13-2008 page 45 of 55 DRAFT 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 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: JC Code 8.15 revised 3-13-2008 page 46 of 55 DRAFT • 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 411 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. 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. JC Code 8.15 revised 3-13-2008 page 47 of 55 DRAFT 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. 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 • JC Code 8.15 revised 3-13-2008 page 48 of 55 DRAFT • 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: 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; • JC Code 8.15 revised 3-13-2008 page 49 of 55 DRAFT 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. 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 • JC Code 8.15 revised 3-13-2008 page 50 of 55 DRAFT • 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. 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, JC Code 8.15 revised 3-13-2008 page 51 of 55 DRAFT 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 Provisions of these rules and regulations are hereby declared to be separable, and if 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. • JC Code 8.15 revised 3-13-2008 page 52 of 55 DRAFT • 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 3-13-2008 page 53 of 55 DRAFT TABLE 1: OPERATION & MONITORING INSPECTION SCHEDULE FOR 111/ 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 3-13-2008 page 54 of 55 r DRAFT • APPENDIX 1 JEFFERSON COUNTY POLICY STATEMENTS Policy 94-01 Evaluation of existing onsite sewage systems Policy 93-04 Wet Season Evaluation Policy 97-02 Minimum Land Area Requirments • • JC Code 8.15 revised 3-13-2008 page 55 of 55 0 Board of 3CeaCth NetivBusiness .agenda Item #17., 2 2007 Jefferson County • Public irealth Performance Measures .March 20, 2oo8 1 Jefferson County Public Health: Community Health • 2007 Performance Measures Report: Communicable Disease BUDGET/PROGRAM: Community Health Communicable Disease TB, Communicable Diseases, Immunization, Travelers Immunization, Sexually Transmitted Disease, HIV, Syringe Exchange Program. MISSION: Communicable Disease The purpose of the Communicable Disease Health program is to protect Jefferson County residents from serious communicable diseases by providing disease surveillance, investigation and reporting, along with education, screening, treatment and immunization services. The program interacts with community members, medical providers, the Washington State Department of Health and other agencies while working toward this purpose. GOALS FOR 2007 1. Maintain the low rates of active TB in Jefferson County (TB) 2. Timely investigation of reportable conditions (CD) 3. Support universal access to State supplied vaccines for all children (Imm) 4. Continue to support immunization registry in Jefferson County, promoting use by all immunization providers (Imm) 5. Assess childhood immunization rates for children served by Primary Care Clinics receiving State supplied vaccines 6. The Family Planning and STD clinics will assist in controlling Chlamydia transmission in Jefferson County (STD) • 7. Providers will be informed about current communicable disease trends and new communicable disease control recommendations 8. HIV testing and counseling clinic resources are focused on persons at risk for HIV infection(HIV) 9. Case management services will assist HIV positive clients in accessing priority services, medical/dental, mental health, substance abuse treatment, and preventing homelessness. 10. Prevent the spread of blood borne communicable diseases among injecting drug users and their partners (SEP) 11. Annual report to BOH for CD, TB, Immunization Programs, STD 12. Develop bioterrorism response capacity OBJECTIVES (INTERVENTIONS) FOR 2007 1. Encourage appropriate screening &treatment for latent TB infection (TB) 2. Develop & update protocols for investigation of reportable conditions (CD) using the new electronic reporting systems, Public Health Issue Management System (PHIMS) and Public Health Reporting of Electronic Data(PHRED). 3. Maintain an efficient system for supplying State supplied vaccine and vaccine recommendation up-dates to private Health Care Providers in Jefferson County (Imm), including training for, and transitioning to, direct shipment of vaccines from manufacturer to clinic through new Washington State VMBIP program. 4. Continue to provide private Health Care Providers support and updates on the Child Profile Immunization Registry 5. Perform an assessment of childhood immunization rates, using AFFIX software, every other year, • for each clinic receiving State supplied vaccines 6. Clients seen in Family Planning and STD clinics who are at higher risk for Chlamydia(age criteria) will be screened for Chlamydia(STD) 1 7. Provide updates, outreach and training to providers about local, state and national communicable disease outbreaks and disease control recommendations 8. 75% of clients who receive HIV testing will be high risk(HIV) • 9. Case management services will continue to provide services that assist HIV positive clients in accessing priority services, medical/dental, mental health, substance abuse treatment, and preventing homelessness. 10. Promote utilization of syringe exchange program services (SEP) 11. Develop and update regional bioterrorism plan, coordinating with regional bioterrorism partners, local emergency response agencies and Jefferson Healthcare PERFORMANCE INDICATORS 2005 2006 2007 2007 Actuals Actuals Planned Actuals (TB)Number of clients started on preventive therapy for latent 3 4 3 3 TB infection (CD)Number of communicable disease reports confirmed, 129 125 90 103 interventions applied and processed for reporting to the state (Imm)Number of doses of publicly funded vaccine, 3,748 3,822 3,500 4,604 administered by private health care providers and Public Health clinics, supplied and monitored through Public Heath's immunization program Number of providers trained in VMBIP vaccine ordering and New 5 5 5 receiving system 2006 (Imm)Number of providers participating in the statewide Child 5 1 5 2 Profile Immunization Registry' (Imm)Number of Jefferson County children<6 with 1 or more 77% 82% 80% 84% 41/ immunization in Child Profile system (Imm)Number of Jefferson County children<6 with 2 or more New New 68% 74% immunization in Child Profile system 2007 2007 (Imm)Number of clinic site visits to assess childhood 1 1 2 1 immunization rates, using AFFIX software (STD) Percent of at risk FP and STD clinic clients at risk for 100% 100% 100% 100% Chlamydia screened (age criteria 14 - 24). Number of clients in New New 375 272 risk group screened for Chlamydia, Ahlers report. 2007 2007 (HIV)Number of persons counseled and tested for HIV 116 DOH Lab:68 80 DOH Lab:59 Quest Lab:49 Quest Lab-72 infection Total: 117 Total: 131 (HIV) Percent of persons counseled and tested for HIV infection 65% 85% tested 75% 85% tested through DOH through DOH through the Public Health Lab that were in high-risk category (HIV)Number of face-to-face encounters between case manager New New 45/200 55/341 and client. Number of collateral encounters with client's 2007 2007 representative or other encounters per quarter. (SEP)Number of visits to SEP 35 54 50 65 (SEP)Number of syringes exchanged 13,716 17,905 15,000 24,585 (BT) Develop and update bioterrorism response plan 1 1 1 1 I In mid 2005 four out of five providers using Child Profile stopped entering data into the registry because the hospital/clinics' new electronic medical records (EMR) system caused this to require double entry for each immunization. We were hoping that an EMR upgrade would allow the downloading of data into CP • in 2006. This upgrade came late in 2006 and the testing for compatibility with Child Profile was delayed 2 until 2007. Unfortunately this upgrade did not solve the compatibility problem. Participation in the Child Profile Immunization Registry will require double entry of immunization data by clinic staff. • SUMMARY OF KEY FUNDING/SERVICE ISSUES: These programs address locally identified and defined local public health problems. All communicable disease prevention is a locally funded program, county milage was returned from the state to counties for TB control. Immunization funds from the state have been primarily in the form of vaccine, this vaccine is provided to primary care clinics that care for children. County funded services provide a professional staff that prevent, identify and respond to disease outbreaks and immunization staff that work with health care providers, the schools and local groups sponsoring trips abroad for students. Immunization staff provide routine immunization clinics and international travelers clinics. Substantial staff time is spent on responding to public requests for information about communicable diseases and screening for reportable illnesses in the process. HIV services are funded from the state and federal government to provide basic communicable disease prevention, HIV positive client case management, testing and counseling to high-risk community members, and focused high-risk interventions. Funds are highly programmatic and based on federal case numbers, which may not represent Jefferson County epidemic profile. Volatile program funding is based on formulas re-negotiated with Region VI AIDSNET every year. The syringe exchange program success is not easily measured in disease numbers but the number of clients seen and syringes exchanged reflects the disease transmission prevention capacity of this program. Starting in 2002 federal funding was received originally 'for developing the capacity for bioterrorism response and now for all hazards emergency response. Response capacity is being developed in • coordination with our Region 2 Public Health Emergency Preparedness and Response (PHEPR)partners Kitsap and Clallam Counties, our local emergency response agencies, Jefferson Healthcare and other health care providers. For 2008 projects involve participating in drills to test the appendices and procedures that go with the local Public Health Emergency Preparedness and Response Plan that was first drafted in 2003. This involves continuing to update the basic plan,the Strategic National Stockpile plan and the Pandemic Flu plan. Public Health staff have been trained in and use National Incident Management System protocols during communicable disease outbreaks. The roles, responsibilities and training have been invaluable. JCPH participates in the Regional Duty Officer 24/7 contact system for Public Health with Kitsap and Clallam counties' staff, responding to after hours calls and triaging them to the appropriate Public Health professional if necessary. This allows JCPH to share call time and standardizes regional response to Public Health issues. Federal funding for emergency preparedness activities is expected to decrease in 2008. We expect increased funding in 2008 from the Washington State Department of Health that will target increased Communicable Disease surveillance, outreach to the health care providers about notifiable conditions reporting, and increasing partnerships with the health care providers in the community. DOH had not provided the specific deliverables by the end of 2007. Decreased funding for any program would result in scaling back on services. The Board of Health would be involved in deciding which services would be impacted. • 3/12/2008 3 Jefferson County Public Health — REPORT Performance Measurers 2007 FAMILY SUPPORT eUDGET/PROGRAM: Community Health: Family Support Programs Maternal Child Health (MCH) including newborn follow-up, Child Birth education and Breast Feeding Support, Maternity Support Services (MSS)/Infant Case Management, Best Beginnings/Nurse-Family Partnership(NFP), Children with Special Health Care Needs (CSHCN), Women Infants and Children (WIC), and the Child Protective Services (CPS) Contract Programs: Alternative Response System (ARS), Early Intervention Program (EIP), and Passport. MISSION: The purpose of the Family Support Programs is to provide health and parenting education, skill building, support, and referrals to community resources to pregnant women and families with children. Services also include voluntary home visits to prenatal, post partum families, and families at risk of Child Protective Services involvement. These services are provided so county babies are born with the best opportunity to grow and thrive, the impact of health problems are minimized, and children receive the care and nurturing they need to become functional adults. GOALS FOR FY 2007: 1. Maintain the current number of clients served through the Family Nurse Partnership Program (Best Beginnings) for Jefferson County residents. 2. Monitor Nurse Family Partnership Program replication by tracking data on program fidelity. 3. To assess the percentage of pregnant and parenting women receiving Jefferson County Public Health (JCPH) Family Support services, in which depression is an issue. 4. Continue to provide breastfeeding education and support so that all county mothers can provide their 411/ children with the physical and emotional benefits of breastfeeding. 5. Prevent nutritional related problems for pregnant women and children under five in Jefferson County. 6. Identify children with special health care needs in Jefferson County and assist families with health and development interventions and referrals as needed. 7. Provide services and information in Jefferson County aimed at preventing Child Abuse and Neglect. 8. Increase awareness and support of the Family Support Program mission through community presentation on the relationship of adverse childhood experiences and adult health problems. OBJECTIVES FOR FY 2007: I. Support the Nurse-Family Partnership PHN's maintaining caseload intensity by providing opportunities for ongoing support and education both within JCPH and limited travel for other offerings such as the Washington State Consortium for Nurse-Family Partnership. 2. Send client data monthly to Nurse-Family Partnership program head office for assessment and evaluation. 3. Depression screening and education will be offered to all pregnant and parenting women who are participating in JCPH programs and appropriate referrals will be made for those who have a positive screen. 4. Through universal screening of newborns and their families identify those who may need referral to breastfeeding tea party or lactation consultation telephone, office or home-visits. Ongoing collaboration with Jefferson Health Care staff for lactation support will help ensure all families receive the services they need. New Collaboration with Kitsap County Health District Bringing Baby Home program and Harrison Hospital in Silverdale to increase Jefferson County resident's newborn referrals from Harrison Hospital. 5. Provide WIC nutrition education and support to all eligible county women and children. 1 OF 2 6. Provide developmental and health screening through JCPH programs including community outreach to providers and the schools to identify children with special health and development needs and assist families in getting further evaluation and intervention services. 7. Awareness and assessment of risk for child abuse and neglect is an integral component of all Family Support Service Programs. Referrals to CPS/DCFS will be made as appropriate and services will be provided to families at risk or involved in CA/N through the ARS and EIP contracts. 8. Continuing Best Practice Nurse family Partnership (NFP) program to prevent Adverse Childhood experiences in at risk families to reduce youth and adult tobacco, drug and alcohol use. See Felitti Study. PERFORMANCE INDICATORS: 2005 2006 2007 2007 Actual Actual Planned Actual 1. Number of depression screenings completed 77 65 70 87 2. Number of newborn screened 135 145 90 130 3. Number of Home and Office visits provided for NFP, 1280 1144 1300 1170 MSS, MCM, MCH and Breastfeeding consultation 4. Yearly report from Family-Nurse Partnership ** ** ** ** 5. Total number of women infants and children served by 871 829 870 872 WIC in Jefferson County(from CIMS report) 6. Number of children with special health care needs 89 81 60 70 receiving Public Health Nurse intervention through JCHHS. 7. Number of families served through CPS/DSHS contract. 16 20 20 30 ** Report yearly SUMMARY OF KEY FUNDING/SERVICE ISSUES: Jefferson County Health report published in May 2003 confirmed what the staff in the Family Support • Programs has observed in their work in the community: `families with young children are very vulnerable'. Multiple factors contribute to this status: poverty, mental illness, substance abuse, and family abuse/violence. For many families these challenges have been transmitted across generations and now the newborns are vulnerable to these risk factors. Over the years of providing services through programs such as MSS/MCM, WIC, and for the last 6 years,Nurse-Family Partnership, staff has worked to increase knowledge and skills in a committed effort to prevent and reduce the effects of these conditions. We are now able to effectively serve clients and families who previously were resistant, or too entrenched in complex psychosocial problems to accept services. Working effectively with these families requires a high degree of skill and support. These families, with multi-generational challenges, respond best to consistent, intensive services delivered over a long period of time. JCPH Family Support Programs were unable to start the Program Assessment project in 2006 due to lack of funding and staffing in Assessment. In 2007 JCPH Family Support Programs started the Assessment Project with the help of Kitsap Health District Assessment staff. Electronic data collection through electronic Medical Records system didn't start in 2007 as anticipated. The EMR may be started in 2008 and will increase our ability to assess specific populations and document outcomes/intervention on families and clients in an electronic format. Additional Medicaid Administrative Match funding was used to maintain the level of services in Family Support Programs in 2006. In 2007 JCPH decreased slightly staffing in MCH to compensate for increased cost and limited revenue. Service to families in the community and Nurse Family Partnership, Best practice, intensive home visiting intervention program for families at risk continued at the same level. 41111 Feb. 13, 2008 2 OF 2 Jefferson County Public Health — REPORT Performance Measures 2007 TARGETED COMMUNITY HEALTH S3UDGET/PROGRAM: Targeted Community Health Services Family Planning, Breast and Cervical Health Program, and Foot Care MISSION: The purpose of the Targeted Community Health Services is to provide outreach, access, health education, support treatment to specific populations in Jefferson County in order to improve the health of the community. Specific program purposes are: • Family Planning: to provide reproductive health, clinics, outreach and education for Jefferson County residents in order to promote health and well-being and reduce unintended pregnancies. • Breast and Cervical Health Program: provide public education and health screening services to women age 40-64 with low incomes and no or limited health insurance in order to assure early detection and treatment of breast and cervical cancer. • Foot Care: provide foot care and health outreach to Jefferson County seniors to prevent health complications. • GOALS FOR FY 2007: 1. Insure access to breast and cervical health exams to women age 40 to 65 years old. 2. Decrease unintended pregnancy rates in Jefferson County (measure)/Assure Family Planning Services are provided in every community 3. Support seniors' independence by maintaining their mobility ,BJECTIYES FOR FY 2007: 1. Track Family Planning usage patterns and produce annual report 2. Maintain breast and cervical health program in Jefferson County 3. Emergency contraception to be provided under standing orders, 5 days per week, and expand community education and clinical services 4. Maintain the current level of community foot care and continue expanding into home care PERFORMANCE INDICATORS: 2005 2006 2007 2007 Actual Actual Planned Actual Number of unduplicated clients served in Family Planning 1242 1257 1400 1195* Number of adolescents under 19 served in Family Planning 314 332 310 312 Number of Breast& Cervical screening exams 116 122 100 111 Number of foot care contacts 2594 2765 2400 2946** SUMMARY OF KEY FUNDING/SERVICE ISSUES: Preventing unintended pregnancies is a local, state, and national Public Health Goal. Jefferson County Public Health (JCPH) provides the only Family Planning program in east Jefferson County. Family Planning is considered a Critical Health Service by the State Board of Health. In 2006 Family Planning Clinic management was restructured to use a team approach to creating efficiencies, increasing fee revenue and increasing clients. At the same time the Take Charge Medical Assistance program that pays for most of the Family Planning Clients services is being changed and Medical Assistance fee for services will be reduced. By working to increase clients and health insurance revenue, and allocating more County Funds to Family Planning JCPH hopes to maintain the Critical Health Services of Family Planning in Jefferson County. The Breast and Cervical Health Program addresses the need for Cancer screening and early treatment to decrease deaths from breast and .ervical cancer in Jefferson County. With a slight increase in funding from Washington State in 2007 we hope o increase Breast and Cervical Health exams to a few more clients. Jefferson County has a high percent of over age 85 citizens. JCPH Foot Care Program helps this population maintain independence and mobility in a rural community. The Foot Care program continues to provide needed services to the Senior population in Jefferson County. ** Foot Care Senior center and home visits January 30, 2008 * from KIPHS 2007 number of clients in Family Planning Jefferson County Public Health — REPORT Performance Measurers 2007 POPULATION & PREVENTION • GOALS FOR FY 2007: 1. Improve identified social and health indicators for school-age youth (S/H) 2. Improve overall health of Jefferson County residents.(TP/C) 3. Enhance the quality of child care provided in Jefferson County (CC) 4. Enhance the overall health& safety of Jefferson County children (PI) and (OH) 5. Support Healthy Youth Coalition functioning (HC) 6. Reduce favorable attitudes toward problem behavior within the youth and adult communities. (DA) 7. Delay age of initiation of problem behavior. (DA) 8. Reduce adverse childhood experience as measures by reduced CPS referrals (DA) OBJECTIVES FOR FY 2007: 1. Maintain delivery of school in-service/trainings, student health screenings, student health consults, student health care referrals (S/H) 2. Provide tobacco specific education and resources to employers to support employee cessation (TP/C) 3. Maintain child care provider consultation re: health, immunizations, safety and child development(CC) 4. Peer educators will provide school health classes to middle & high school students (PI); health education classes will be provided to elementary, middle & high school students; and increase Oral Health prevention interventions. 5. Maintain number of Healthy Youth Coalition meetings annually 6. Increase the perception of risk for youth regarding alcohol and marijuana use, especially for 6th, 8thand 10th grade students.(DA) • 7. Increase access to adults with healthy beliefs and clear standards for 4th through 6th grade students in Jefferson county.(DA) 8. Provide Early Intervention services to at risk families to prevent adverse childhood experiences. (DA) See Felitti study showing how adults who had reported greater than 2 Adverse Childhood Experiences had increased health problems including tobacco, drug and alcohol use. See Family Support services program performance measures. PERFORMANCE INDICATORS: 2005 2006 2007 2007 Actual Actual Planned Actual Number of student health screenings 1559 1398 1500 1135 Number of employers receiving tobacco specific technical assistance (TP/C) * 5 3 Number of Peer-In educational presentations 50 50 50 60 Number of school health classes 208 240 200 200 Number of phone calls to WA State Tobacco Quit line from Jefferson Co. 73 70 75 63 Number of Healthy Youth Coalition Meetings 8 8 8 7 Number of classroom presentation/interventions (Drug and Alcohol 136 124 140 144 preventions) Number of students served in the class room presentations 431 317 350 475 * new for 2006-2007 SUMMARY OF KEY FUNDING/SERVICE ISSUES: Jefferson County Public Health (JCPH) delivers programs that promote healthier communities and individuals. focusing public funds on prevention programs have proven to be cost effective. JCPH did not find funding in 07 to continue to collect Assessment data to assist in determining community needs and prioritize services (substance abuse, domestic violence and child abuse and neglect). The Juvenile Justice Grant, Healthy Communities grant ended in October 2007 with in-kind services providing intervention and prevention programs to identified children in vulnerable families. These services included work in the schools and supporting Big Brother/Big Sister program. BBBS continues in the community and is expanding fundraising at the local level. Besides the Healthy Communities grant, the above programs provide universal prevention programs available to all in the community. State prevention health services monies come with extensive evaluation components. Tobacco and Healthy Communities funding have community specific goals and measures that must be met to maintain funding. School funding is based on State School Nurse corp. funds and • contracts with school districts remained the same in 2007. Decreasing enrollment may decrease the number of classroom presentation and the number of students served. Drug and Alcohol prevention services continues to work with Community Health programs providing integrated prevention services. Prevention funds are utilized primarily through the school based, proved effective, Best Practice Programs. These funds allow prevention specialist to reach the vast majority of middle school students. UGN chose to reduce requested funding for Peer-in in 2007 from $10,000 to $2,000. JCPH was able to continue Peer-in in 2007 with an Abstinence grant from the University of Washington. Healthy Child Care Washington, a Dept. of Health Contract to provide Public Health Nurse Consultation to Child Care providers, funding in 2007 is cut in half from $24,000 to $11,450. There was a reduction in staff hours from 14 a week to 7 a week. Trainings and consultation services provided to Child Care providers were cut in half with these reductions. January 30, 2008 • • • Board of 3fealth NetivBusiness .agenda Item #v, 3 Zoog _Jefferson County • Syringe Exchange Program Reyort .Larch 20, 2oo8 • 4�4° J✓= JEFFERSON COUNTY PUBLIC HEALTH 615 Sheridan Street • Port Townsend •Washington • 98368 www.jeffersoncountypublichealth.org Jefferson County Syringe Exchange Program (SEP) Annual Report 2007 Regular clinic hours are Mondays 10:00-12:00, Thursdays 3:00-4:30, with drop-in exchange based on staff availability. Additional staff has been trained to ensure availability at most times, Monday through Friday 9:00-4:30. Risk reduction education, which includes HIV, Hepatitis B, Hepatitis C and STD counseling and testing, and referrals for treatment programs and social and medical needs are routinely offered during clinic visits. Clients are informed of immunization services but not actively encouraged at this time due to lack of funding and clients inability to pay for services. SEP utilization over time is increasing as evidenced by number of clients, both new and returning, and number of syringes exchanged. • Syringe Exchange Utilization,2000-2007 Jefferson County Washington 70- 65 - 30000 63 64 E=Number of clinics with — Number of Syringes Exchanged 60- attendees 58 24586 - 25000 -4--Number of syringes exchanged 50 c 41 1806) T790 - 20000 a • 40 36 - ✓ 137-10 15000 30 22 a 20- 16 10000 14 420E E 10 207E 5000 2 506 0 I I I I - I I - 0 2000 2001 2002 2003 2004 2005 2006 2007 • COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH DEVELOPMENTAL DISABILITIES ALWAYSJRKING��� ��E AND WATER QUALITY MAIN: 360385-9400MAIN: 36G385-9444 FAX: 36G385-9401 HEALTHIER COMMUNITY FAX: 360379-4487 r w 2007 Quality Improvement Plan continued the following strategies implemented during 2006 to better meet objectives: III • Inform exchangers of HIV CT incentive program: $20 gift cards (courtesy of JAS) provided to exchangers when they return for HIV CT results. • Offer exchangers, who disclose risk behavior, free HIV CT at each and every visit. • SEP staff actively engage exchangers in referral follow-up and document outcome on SEP data collection form Table 1 2007 Objectives 2007 Projected 2007 Actual Increase the number of new IDUs utilizing SEP services 5 9 Increase the number of SEP IDUs receiving HIV CT 5 6 Increase the number of SEP IDUs reporting referral follow-up 5 3 Serve SEP clients who report a secondary exchange 10 58 Table 2 Materials Distributed by Jefferson County SEP Prevention Condoms/ Educational IDU Referral Syringes Kits' Latex Materials2 Prevention Information4 Exchanged Barriers Materials' 2007 0 20 18 9,988 23 24,585 2006 0 0 3 9,000 2 17,905 2005 0 20 6 7,611 11 13,716 2004 6 228 48 7,265 11 18,060 2003 38 800 42 1424 18 9,222 2002 35 427 50 1,026 NA 4,206 2001 9 14 9 3 5 2,076 2000 15 33 10 11 2 506 • Table 3 Clinics Offered by Jefferson County SEP Total Total Total Total Total Total Total Total# Clinics Clinics Attendees56 New Returning Clients Clients HIV Tests Offered Utilized Clients Clients. Reporting Utilizing Offered Secondary Incentive Through Exchange Program' SEP 2007 97 65 65 9 56 58 1 22 2006 126 54 58 8 50 49 8 2 2005 119 35 _ 36 6 30 29 6 0 2004 136 52 64 12 48 45 3 2 2003 119 58 63 9 55 53 N/0" N/O 2002 108 33 41 11 29 25 N/O N/O 2001 98 14 16 6 9 5 N/O N/O 2000 33 13 14 3 7 3 N/O N/O Notes mention Kits include:tourniquets,cookers,cottons,water,sharps containers, alcohol preps,antibiotic ointment,bandaids, educational materials including"Do Not Share"and"Overdose Prevention." 2Educational Materials include:"Do Not Share,""Overdose Prevention,""Health Alerts" 3IDU Prevention Materials include:tourniquets, hygiene(toothbrushes/razors),cookers,cottons,water,sharps containers,alcohol preps, antibiotic ointment,bandaids °Referrals include drug treatment,health care, Hepatitis screening,HIV counseling&testing,mental health care 5This number includes drop-in clients 6Represents duplicate attendees 72004-2007 Immunization Incentive Program(Hepatitis A&B vaccine):$20 gift cards(compliments of Jefferson Aid Services)given to people who serve as secondary exchangers 6N/O=not offered COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH • DEVELOPMENTAL DISABILITIESAL'tNAYS WORKING r,'", SAFER AND NATURAL RESOURCES MAIN:360-385-9400 HEALTHIER COMMUNITY MAI FAX: 360-385-9401 FAX: 360-385-9401 2008 Objectives • • Increase the number of new IDUs utilizing SEP services • Increase the number of SEP IDUs receiving HIV, CT testing • Increase the number of SEP IDUs given referrals • Increase the number of SEP IDUs reporting referral follow-up • Increase the number of SEP IDUs receiving Hepatitis A& B and Td/Tdap immunizations • Provide continuing education for SEP staff Data Source:SHARE Reporting System,Washington State Department of Health;Jefferson County Public Health Prepared by Carol Burwell and Lisa McKenzie,Jefferson County Public Health 03/12/2008 • • COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH DEVELOPMENTAL DISABILITIES ALWAYS4`{} � GFaR����l � NATURAL RESOURCES MAIN:360-385-9400MAIN:360-385-9444 FAX: 360-385-9401 HEALTHIER COMMUNITY FAX:360-385-9401 • Board of Health NetivBusiness .Agenda Item #17.1 4 Policy Regarding • Disruption of Public i1ieetings Nlarch 20, 2008 • t 1 Cc. �(t'0,-?), • ✓ STATE OF WASHINGTON COUNTY OF JEFFERSON Regarding the Removal of Persons } Who Disrupt the Public Meetings } RESOLUTION NO. 14-08 of the Jefferson County Commissioners } WHEREAS, the Jefferson County Board of County Commissioners(or"BoCC") holds a meeting open to the public on the first four Mondays of any particular month and, in accordance with law, at other times; and, WHEREAS, citizens feel strongly about many issues and should be allowed to provide opinions,statements, concerns and questions to their elected officials during these public meetings;and, WHEREAS,there is a public comment portion of the Monday public meetings of the BoCC where citizens can and do provide their opinions, statements, concerns and questions; and, WHEREAS, any and all of the public meetings of the BoCC are a legislative session of the Legislature or governing body for the municipal corporation and political • subdivision of the State of Washington that is Jefferson County and the County's official business needs to get done during these public meetings; and, WHEREAS, disruptions to the public meetings of the BoCC should not and will not be tolerated; and, WHEREAS, State law,specifically the Open Public Meetings Act at RCW 42.30.050,provides for a process of removing a person or persons who are interrupting a public meeting of a governing body such as the BoCC; and, WHEREAS,the BoCC wishes to memorialize its protocol for removal of a disruptive person or persons in order to state ahead of time the expectations for themselves and for citizens present at any public meeting of the BoCC. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:The person serving. as Chair of the Jefferson County Commissioners shall use the following procedure with respect to a person or persons who are disrupting or interrupting a public meeting of the County Commissioners: 1. Chairperson of the County Commissioners asks for order, i.e.,the ability for the County Commissioners to continue to transact its business at a normal conversational level. 2. If necessary,the Chairperson of the County Commissioners asks offending person or persons to be quiet and behave in an orderly manner. • li RESOLUTION NO. 14-08 re: Removal of Disruptive Persons Page: 2 . 3. In the absence of the offending person or persons becoming quiet and/or not behaving in an orderly manner and if the Chair states for the record that he or she has concluded that the actions of the offending person or persons are interrupting the County Commissioners' ability to conduct its business,then 4. The Chairperson of the County Commissioners may direct Staff to ask the Sheriff's Deputy to remove offending person or persons. 5. Upon an express request by the Chair of the County Commissioners to remove a person or persons from the location where the public meeting is being held,then the Sheriff's Deputy shall accomplish that removal. 6. If after removal of the offending person or persons the Chair of the County Commissioners concludes that the business of the County Commissioners cannot be transacted and states that conclusion for the record,then the Chair may then order the meeting room cleared and continue in session or may adjourn the meeting and reconvene at another location selected by a majority vote of the members. In such a session, final disposition may be taken only on matters appearing on the agenda. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. APPROVED AND SIGNED this 19th day of February,2008. • JEFFERSON COUNTY t r C 0 tf � ,. BOARD OF COMMISSIONERS s s .._ r . „. "g f _ Phil Johnson, Chairman rJ _ 4+ ' Davi ulh an,":41/1" ATTEST: � Q:/4 i Cri C- JPil"* .' atthes CMC Jo Austin,Member Deputy Clerk of the Board • • OPEN PUBLIC MEETINGS ACT RCW 42.30.010 Legislative declaration. The legislature finds and declares that all public commissions,boards,councils,committees, subcommittees,departments,divisions,offices,and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the people's business.It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted openly. The people of this state do not yield their sovereignty to the agencies which serve them.The people, in delegating authority,do not give their public servants the right to decide what is good for the people to know and what is not good for them to know.The people insist on remaining informed so that they may retain control over the instruments they have created. RCW 42.30.030 Meetings declared open and public. All meetings of the governing body of a public agency shall be open and public and all persons shall be permitted to attend any meeting of the governing body of a public agency,except as otherwise provided in this chapter. RCW 42.30.050 Interruptions — Procedure. In the event that any meeting is interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are interrupting the meeting,the members of the governing body conducting the meeting may order the meeting room cleared and continue in session or may adjourn the meeting and reconvene at another location selected by majority vote of the members. In such a session,final disposition may be taken only on matters appearing on the agenda.Representatives of the press or other news media,except those participating in the disturbance,shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the governing body from establishing a procedure for readmitting an individual or individuals not responsible for disturbing the orderly conduct of the meeting. RCW 42.30.130 Violations — Mandamus or injunction. Any person may commence an action either by mandamus or injunction for the purpose of stopping violations or preventing threatened violations of this chapter by members of a governing body. • 1 • Board of Health NetivBusiness .agenda Item #T., 6 • Correspondence .7Warc( 20, 2008 . C.) Tuesday,February 12,2008 Jefferson County Board of Health x.04« C/O Jefferson County Public Health 615 Sheridan Avenue Port Townsend,WA 98368 Regarding the Substance Abuse Advisory Board U11114) Dear Board of Health, At our recent advisory board meeting it came to my attention that it was time for me to reapply for reappointment. I was surprised and a little embarrassed by my oversight. 0 How time flies! I would have preferred to give you,the Board of Health,and the advisory board a little warning about my intent not to continue on the board. Other professional demands and interests require that I formally resign. I wish the rip Board of Health the very best in its continued efforts to prevent and treat substance abuse and chemical depend cies within Jefferson County. n Sincerely, / CD /4111tir:, 1334 Lawrence Street James K. Rotchford, MD MPH Port Townsend,WA 98368 Medical Director 360.385.4843 or 866.385.4843 Fax:360.379.1441 www.acubriefs.com/OPAS 110 Board of 3feaCth Nledia Report • .larch 20, 2008 Subject: FW: Jail Nurse Original Message From: Jefferson County Sheriffs Office [mailto:notice@jeffersonsheriff.org] Sent: Wednesday, March 05, 2008 10:06 AM • To: Mike Brasfield Subject: Jail Nurse w�. Jefferson County Sheriff's Office Press Release HOME I SHERIFF I ABOUT I SERVICES I CONTACT I SITE MAP_ FOR IMMEDIATE RELEASE New Medical Resource for County Jail March 5, 2008 Jefferson County was the first one in the state to take advantage of State legislation that allowed the establishment of a"Chemical Dependency/Mental Health Program Fund"to improve mental health care in local communities. The Board of County Commissioners used the Law and Justice Council, the Substance Abuse Services Advisory Board, and Jefferson County Public Health to identify areas of need. One! of which was the need to provide supplemental services in the Jail. The Sheriffs Office had also identified the need for a Registered Nurse to address substance abuse and alcohol and/or drug related health issues in the jail population. To fulfill that need, the Sheriffs Office has contracted with Ms. Patricia Wiggins for the newly created Jail Registered Nurse position. Ms. Wiggins is a Hadlock resident who had retired from active nursing several years ago to continue a career as a freelance writer. Ms. Wiggins graduated from Wilkes-Baare Nursing School a! nd the University of Alaska. Her nursing experiences include work at Montefore Medical Center Oncology Department in New York City, USAF Nurse Corps Officer, Veterans Administration, Surgical and Charge Nurse at Allenmore Medical Center, Charge Nurse/Hospital Supervisor in Juneau, Alaska and 5 years as Nursing Supervisor at the Washington Corrections Center for Women at Purdy. Ms. Wiggins, a Port Hadlock resident, has extensive training in substance abuse and alcohol and/or drug withdrawals and mental health issues. She is a guest lecturer for Pacific Lutheran's BSN program on managed care and Corrections Nursing. While at Purdy she was involved with CQI programs, Utilization Review, Corrections Officer/Medical Liaison team and has worked with several state nursing programs. Jail Superintendent Steve Richmond is impressed by her extensive knowledge of correctional medicine, women's health issues and substance abuse and withdrawal, along with mental health issues while in custody settings. Ms. Wiggins will be working closely with local health care providers and with the existing jail health care providers, Ken Brown and Linda Peterson. 40 For More Information Contact: Jefferson County Sheriffs Office 79 Elkins Road-Port Hadlock,WA Tel: (360)385-3831 FAX: (360)379-0513 Internet:info@jeffersonsheriff.o rg • • Jefferson County Public Health February/March 2008 NEWS ARTICLES 1. "WSDOT announces David Moseley as new Assistant Secretary for Washington Ferries," www.wsdot.wa.gov, February 5th,2008. 2. "Jefferson clearing streets," Peninsula Daily News, February 17th, 2008. 3. "Victoria sewage," Peninsula Daily News, February 17th, 2008. 4. "Trouble in the air at Port Townsend,"The Seattle Times, February 19th,2008. 5. "County sets decorum rules,"Peninsula Daily News, February 20th, 2008. 6. "Septic system inspections unwarranted,"Port Townsend Leader, February 20th, 2008. 7. "Not watchdogs," Port Townsend Leader, February 20th, 2008. 8. "Public wants to flush septic inspection fees,"Port Townsend Leader, February 20th, 2008. 9. "Septic fee cuts considered,"Peninsula Daily News, February 21St, 2008. 10. "7% of Jefferson youths say they've taken meth,"Peninsula Daily News, February 22nd, 2008. 11. "County septic fee hike on hold,"Peninsula Daily News, February 22nd, 2008. 12. "PT Paper under review," Peninsula Daily News, February 24th, 2008 13. "Mill's smell raises a stink,"Peninsula Daily News, February 24th, 2008. • 14. "PT Paper's `footprint' topic at meeting,"Peninsula Daily News, February 27th, 2008. 15. "Public invited to share input on mill `footprint',"Port Townsend Leader, February 27th, 2008. 16. "Burger bears an oddity,"Port Townsend Leader, February 27th, 2008. 17. "Homeowner septic inspection option being revised by March 20," Port Townsend Leader, February 27th, 2008. 18. "Dirty little secret,"Peninsula Daily News, March 3rd, 2008. 19. "Local lawmakers look to big finish,"Peninsula Daily News, March 3`d, 2008. 20. "Residents zero in on PT Paper mill,"Peninsula Daily News, March 5th, 2008. 21. "BOCC defines `disruptive' behavior,"Port Townsend Leader, March 5th, 2008. 22. "Belinski accuses Johnson of misconduct,"Port Townsend Leader, March 5th, 2008. 23. "PT Paper`Industrial Footprint' takes shape,"Port Townsend Leader, March 5th, 2008. 24. "Testimony frightening,"Port Townsend Leader,March 5th, 2008. 25. "Sleeper Bill on Hood Canal Septics Raise Concern,"Kitsap Sun, March 7th, 2008. 26. "1 in 4 teen girls has STD," Peninsula Daily News, March 12th, 2008. • WSDOT -2008 News - WSDOT announces David Moseley as new Assistant Secretary f... Page 1 of 2 L ti State yaw Department of Transportation WSDOT News WSDOT announces David Moseley as new Assistant Secretary for Washington State Ferries Date: Tuesday, February 05, 2008 Contact: Lloyd Brown, WSDOT Communications Director (360) 705-7075 (Olympia) OLYMPIA — Gov. Chris Gregoire, Sen. Mary Margaret Haugen and Rep. Judy Clibborn joined Transportation Secretary Paula Hammond today as she announced David Moseley as the new Washington State Department of Transportation Assistant Secretary for the Ferries Division. Moseley, Vice President for the Institute for Community Change in Seattle, had been Federal Way city manager from 1999 to 2006. He assumes the position vacated by Mike Anderson who retired in 2007. :yaw "I am pleased to be here today to launch a new day and a new direction for the Washington state ferry system," said Gregoire. "Over the next 18 months, I have asked Secretary Hammond and her new ferry system assistant secretary to transform the state ferry system so during these David Moseley, new changing times it will remain the safest, most responsive, and highest Assistant Secretary for caliber system in the world." Washington State Ferries • The governor specified three areas of improvement she hopes will ensure that Washington state has a healthy, cost-effective ferry system well into the future. They are: • A fleet preservation and maintenance program that sets the standard for industry best practices. • A restructured, nimble, organization that provides outstanding customer service and in partnership with each of the communities it serves, and meets the needs of a growing Puget Sound region. • A funding plan that is lean, and sustainable in the long-term, and that accommodates the preservation of vessels and regular replacement within their planned life span. "We are committed to having a sustainable, well run state ferry system that will continue to serve the Puget Sound communities long into the future," said Secretary Hammond. "I believe David brings the organizational and management experience we need to see the Ferries Division continue its long and respected history of serving the citizens of Washington." Moseley joins WSDOT during a time of increased scrutiny after Hammond took all four of the Steel Electric class vessels out of service due to safety concerns about hull corrosion. This decision led to vehicle service being suspended on the Port Townsend-Keystone ferry route and service disruptions on other routes. "This is a big job with big challenges," Moseley said. "Working with the Governor, Secretary Hammond, Sen. Haugen, Rep. Clibborn, WSDOT and ferry system staff, ferry communities, riders and labor, I am confident we will strengthen the ferry system to provide the best service possible and • begin to restore the public trust and confidence in the ferry system." Moseley has 15 years of service in city manager positions for three Washington State cities. Previously he directed the Department of Community Development, the Division of Youth Services, http://www.wsdot.wa.gov/News/2008/02/05_DavidMoseley.htm 2/5/2008 WSDOT - 2008 News - WSDOT announces David Moseley as new Assistant Secretary f... Page 2 of 2 and the Community Accountability Program (juvenile justice) for the City of Seattle. Other experience includes Staff Director, Speaker of the Washington State House of Representatives and Director, Telegraph Avenue Community Center (Oakland). David was a Presidential Appointee to the National • Advisory Committee for Juvenile Justice and Delinquency Prevention. He received his Masters of Divinity from Golden Gate Theological Seminary and his BA from Willamette University. Since its creation in 1951, Washington State FerriesDWSf) has become the largest ferry system in the United States and the third largest in the world, carrying more than 24 million passengers each year. WSF operates 23 vessels and 20 ferry terminals, from Point Defiance (Tacoma) in the south, to Sidney, British Columbia in the north. Thousands of commuters, employers, students, tourists and commercial shippers depend on WSF every day for safe, reliable transportation across the Sound. < Back to News Home Copyright WSDOT© 2008 • • http://www.wsdot.wa.gov/News/2008/02/05_DavidMoseley.htm 2/5/2008 Jefferson cIéarNn treets • Jefferson PENINSULA Dnuar +fi "" Eye on The three Jefferson;County commissioners on Tuesday will discuss and possibly.'adopt. a, resolution regarding, thre:, removal of pQople ,yho disrupt commissioner meetings. The commissioners:will take .•up the matter at 11:15 a.m in their chambers on the ground floorof the courthouse, 1820 Jefferson St At 10:15.axa., the`commis- sioners will conduct a workshop on a proposed county draft of the critical areas ordinance. The ordinance sets new reg-,• Illations 'for .environmentally sensitive areas.. One controversial,aspect of it concerns buffer zones around. wetlands. At 10 a m f Matt..Tyler,' county; parka t;and•recreation manager,will discuss attate sur- plus :property as,:a proposed Park „ - The :commissioners will begin their meeting at 9 a;m.' • with publid comments,followed by consideration of a consent agenda at 9:30 a.m.; • /°/!/ solids)rias no threat to the Sound.They told us not to • worry because the sound "flushed'.' itself so well. But when the subject was examined scientifically,it was Victoria sewage found their sewage had many impacts. I was glad to see that Dr. I don't think,as populations Thomas Locke,health officer. continue to expand,that any of Tor.'Clallem and Jefferson us would like to go back to counties,has clarified his per- those days ceived indifference to Victoria's We may very:.well fired,with. raw sewage that generated the proper studies,that a per some very justified protests. tentage of Victoria's waste is •("Victoria,'raw sewage and consuming scarce oxygen hi our Peninsula," 'eb. 1-2 Point lower Hood Canal and impact- of Yew); ing oysters in Dungeness Bay. I'm reminded of the efforts I'd like our county and our of the city of Seattle and others state to do what might be in the'70s,to cjonvinc,a Puget appropriate to. encourage Vic- Scamders'and,state:goyern- ,tppa,re idents to proceed with ment that their.effluent from constructing modern treat primary treatment(just physi- ment plants,and I hope the cal settling)and their sludge PDN will keep us updated on (partially treated,concentrated the process. • � / • /,JN of/7/� Page 1 of 4 Local News I Trouble in theraiYt�'irt'Townsend I Seattle Times=Newspaper, rx< Zrue SeattleMnte$ • Tuesday,February 19,2008-Page updated at 12:00 AM Permission to reprint or copy this article or photo, other than personal use, must be obtained from The Seattle Times. Call 206-464-3113 ore-mail resale@seattletimes.com with your request. 7,,,,, ,, ,,,,,;,..;:i:::‘,..aw:,..!\..„ Trouble in the air at Port Townsend hd a. > By Jonathan Martini �" Seattle Times staff reporter ; 4%,,12.3- PORT TOWNSEND—Cindy Buxton woke up one night ,, ;m £ ' to the rancid smell of rotting eggs and the unnerving7.:*.lutp,,I . ` sound of her 10-year-old son violently vomiting. By the next day, the smell that had permeated her house 11:1;�� � —the telltale odor of the local paper mill—was gone :-,:1::::71:'?' .,,, , 4« „,,,,,,,,,e,..,,,,:: :-,,,,„;;;:::::::, �.E- vii t and her son was better. But then she started feeling sick. I , �a Sixteen months later, Buxton's headaches and respiratory problems are still so bad she and her family t�P$ • , ' . have had to move to Alaska. Her conclusion: The mill ' '4 made them sick. bfrs " , ;� � ���' � , � � • Those can be fighting words in this old mill town. Port :),:: 7,,,r, , Townsend Paper, Jefferson County's largest private , em to er, has put food on eo le's tables for 81 earsy sustaining the town even through lean years when the _ r, historic downtown and elegant Victorian homes were , boarded up. "�': ` S Since then, the town has transformed into a tourist and The white clouds coming MfromE the stacksLjTl a the PortLL retirement oasis, and the mill is under attack as never Townsend Paper mill are IwaterKSIEGEvapors from IL the that spray water into the stacks to scrub out and collect before. The odor that was once tolerated as the cost of particulate matter. living-wage jobs is now being dissected for its toxic content. Ar, ... , `.,.....„....,,,,,,,c,_,Jok-, .,- , ,,,,, t,-,, .,',. „id/a ditzt.. - -,,,:,,,,-„;;" ,:,„, 10? An organized and noisy environmental group, with Buxton as the lead case study, has campaigned for ,. '" ',. more aggressive air-quality monitoring. A recent editorial �, � �� �:� ���� � cartoon in the local newspaper portrayed the mill as a ,� 1 "sacred cow,"dropping steaming piles of pollution, with � � ,.,» 11, state regulators asleep on its back. Earlier this month, the state pollution-control board sided with the mill critics. The board ordered the Department of V '{' Ecology to rewrite the mill's air permit, after federal MIKE sIFGEt �+_ >I r ` s regulators had accused the state of oin too eas On Gretchen Brewer is partof a group of local residents 9 9 Y putting pressure on the mill to answer for the smell coming http://seattletimes.nwsource.com/cgi-bin/PrintStory.pl?document_id=200418903 9&zsecti o... 2/19/2008 ''='Laca1'N . 11':rbuble in the air at Port.Townsend 1,Seatf Pinies,Newspaper . ` ' PageAtW4- the mill's air-quality monitoring. out of the stacks. That likely means at least another public meeting, • giving mill critics—an environmental group called Port Townsend Airwatchers, led bya flock of recent �t arrivals—an opportunity to vent at the : f t '" , M � # ..10111r—' . ax `moi microphone. "a Whether the mill's emissions are making people ® ::—..71,74.:.." sick is unclear. No health study has found a link, in7...,,,;,4,..::: s....1',.4,,,,,,' ' ;:ff.:)';11:--;,:.;:ielt14-..,:r #" N",< , ,;„.. "« f is part because there is also no ambient air . monitoring to measure the density of toxins drifting MIKE SIEGEL/THE SEATTLE TIMES from the mill's stacks. A city councilman says opinions of the mill's smell usually depend on how long someone has lived in Port Townsend. But the mere fact that the mill's environmental cost is being debated—in local coffee shops and in the 4, local newspaper—reflects a new day for an old � `s mill town. .t° - � I Smell of opportunity .. - ,r l it., In the late 1920s, amid the closure of localit4:1,,:: rv ,~ canneries and the looming failure of the municipal T,�,,,,� ..rt i ....„,,,:-- ! water system, paper company Crown Zellerbach r4- ° - .n :::....„;.3....7 , "; spent$7 million to build a new pulp and paper mill � . . : �,, 7 ,.,,� •on Glen Cove at the edge of town, according to the r -. sir- Jefferson County Historical Society. MIKE SIEGEL 1 THE SEATTLE TIMES From left, Henry Stricker,Christopher Miller and Harold The mill quicklyrebuilt the water system. and McKenney prepare a roll of paper for winding and trimming Y at the PortTownsend Paper mill. spurred a home-building boom. It remains the county's economic mainstay, employing about 300 Pulp numbersSome numbers from Port Townsend iPaper: people at an average yearly wage of about $57,000. It produces about 1 000 tons a day of ? 38 complamishave been recorded at the Department of Ecology's Olympia hotline � ince 2001 second-highest amongg�and �r mills in the state. µ - , )5...nom.. virgin and recycled pulp, most of it made into cardboard boxes. j� 1300 people It also churns out about 58 tons of carcinogens !are employed at an average yearly wage of about$57,000. each year, including nitrogen oxides—known to 8 tons aggravate asthma—as well as ammonia and sulfur compounds that cause the mill's rotten-egg ;of carcinogenscauseofthemieachll'srott year are released into the air,the major I en egg smell. smell, according to the mill's Toxic Release Qoo tons Inventory, which catalogs some bulk emissions from its stacks. of virgin and recycledpulp are produced each dam_ Port Townsend City Councilman Mark Welch, who worked at the mill in high school and college, said opinions of the smell usually depend on how long someone has lived in town. His family has lived in Port Townsend since the 1850s, and he links the smell to"economic opportunity." • "I don't want to be critical of the people complaining about it, but they did move to a mill town," said Welch. http://seattletimes.nwsource.com/cgi-bin/PrintStory.pl?document id=2004189039&zsectio... 2/19/2008 i~a1''News I Trouble in the airbt 'ort To rt ntl•$Seattle_Times Newspaper Page 3 of 4 "I'm one of those odd individuals who like the odor, because I grew up with it." • Mill monitoring itself? Opposition to the mill blossomed in 2006, when a local environmental group, led by resident Elaine Bailey, realized the state Department of Ecology had issued the mill a new air permit good until 2009. After some digging, the group, which now numbers about 150, found the permit relied heavily on the mill to test and monitor itself, and to respond to citizen complaints. Even complaining about the mill is complicated. Some complaints are directed to the mill, while others are recorded by a hotline in Ecology's Olympia office. Those complaints show that Port Townsend Paper ranks second—with 38 complaints since 2001 —among the 11 pulp and paper mills regulated by the state. The complaints are vivid, with people describing smells that made them vomit, turn to inhalers and pull their children indoors. "Someone other than the mill needs to be monitoring the mill,"said Bailey. Late last year, the federal Environmental Protection Agency weighed in, e-mailing state regulators to say they wrongly waived some federal air-monitoring requirements at the mill. The state had written the permit in a way that"you couldn't really tell what was required,"said Nancy Helms, the EPA official who sent the e-mail. Although the objections were technical, the tone was one of a rebuke. For only the second time in 12 years, the EPA asked the state to redo an air permit. Merley McCall, manager of the Ecology division that regulates industrial plants, said the state would rewrite the permit to appease the EPA but disputed that Port Townsend Paper got a break. • "As we've made major reductions in emissions from the mill, rather than smelling like a pulp mill all the time, you get intermittent bursts, and it's more irritating when you aren't used to it,"said McCall. Speculation filling void Eveleen Muehlethaler moved to Port Townsend in 1982, hired by the mill's owners with a tough job: Either close or sell the mill. She helped with the sale, and saw it sold three more times, including last year, after the mill emerged from bankruptcy. Now the assistant mill manager, she said the mill was"not getting a fair shake" from critics, noting that the mill recently spent$8 million to upgrade equipment monitoring in the mill's towering stacks. "We do everything we're asked to do, and we work to be a good neighbor,"she said. "What I want to know is, why don't they trust us? Why don't they trust their public servants [at Ecology]?" Richard Stedman, head of the Olympic Region Clean Air Authority, said the issue isn't one of trust, but data. The state only requires testing of the stacks, not the air quality in town, leaving a void to be filled by speculation. "They probably have a handle on 50 to 80 percent of what's coming out of the mill,"said Stedman. "It's the other 50 to 20 percent that you want to know for sure. You need to know where the hot spots are." • Buxton, 44, said she developed a permanent chemical sensitivity after noxious blasts from the mill. She and her husband, both geologists, had moved to Port Townsend in 2002 to live in a cohousing community near http://seattletimes.nwsource.com/cgi-bin/PrintStory.pl?document id=2004189039&zsectio... 2/19/2008 LocalLocal NewstTroubleinstIteKairat Port Townsend I Seattle-,Times Ne p er= Page 4 of-4 the mill, seeking the town's progressive and placid lifestyle. S After her splitting headaches came on, she tried to stay, buying a$1,200 air filter for their house. A few days • later, she and her family left for good, moving to their cabin near Glacier Bay, Alaska, and filed an appeal of the mill's air permit. Through the legal process, she learned that Ecology never investigated the complaint she filed just after getting sick. "The people of Port Townsend deserve to know what's in their air," Buxton said."The way it is now, you can't even get a complete list of chemicals." Jonathan Martin: 206-464-2605 or jmartin(a�seattletimes.com Copyright©2008 The Seattle Times Company • • http://seattletimes.nwsource.com/cgi-bin/PrintStory.pl?document_id=200418903 9&zsectio... 2/19/2008 , , County ,. ...... . . ... _, ...,,,, . ide• . s se s e c�ru m ru .. . ,... „.... .• • _ • _ ..... . • - ,... . , • - -• _.. „ .. .„,..? _ . Conductr p otocol 1 for meetings aimed at him, critic says 7 �` • a r PENINSULA DAILY NEWS i ji PORT TOWNSEND — With persistent _ - _, . ., county critic Mike Belenski saying it was an 4v„ ` .;: � , action aimed directly at him, Jefferson L z ,. County commissioners on Tuesday unani- �`" ' z :, ' mouslyapproved protocol for removing dis- v : ruptive individuals or groups from their \ ...#.:. 4.,-; ,!-':4 meetings. aA% s, ="'iN, "That was not my intention,to disrupt the # ;, j ,. S•. meeting.It was to defend my right to express g rx. r''" ` myself"Belenski of Mats Mats Bay said after J ' ,�.• the commissioners'action Tuesday. ` He was referring to a meeting more than JEFF CHEW/PENINSULA DAILY NEWS two weeks ago when commissioners Chair- Mats Mats Bay resident Mike Belenski, left, questions County Commissioner Phil man Phil Johnson,D-Port Townsend,ejected Johnson on Tuesday about Belenski's ejection from a meeting two weeks earlier. Belenski from a meeting,calling in a sheriff's The exchange came shortly after commissioners approved policy for ejecting deputy to assist him. unruly audience members. TURN TO PROTOCOL/A8 Protocol: 'Will not be tolerated' • CONTINUED FROM Al he had reviewed it and found it and behave in an orderly man- commissioners meeting in Belenski claims that helpful. ner. February 2007 resulted with he was making comments while "This seems to work quite ■ If that does not take an armed sheriff's deputy the commissioners co Feb. tO4, well," Brasfield told the corn- place, then the chairman may being called to keep order. missioners. direct staff to ask a sheriffs Belenski, during a public some in the audience were He said it would better deputy to remove the offend- comment period,posted a sign snickering and making com- allow the commissioners to ing person or persons. reading "SECRECY ZONE: ments behind his back, which conduct business. IIIf the chairman deter- The public is prohibited was distracting him while he County Commissioner mines that business cannot be beyond this point" in front of was trying to make his point. David Sullivan, D-Cape conducted, then the chairman the commissioners'dais. Johnson said Belenski,who .George, agreed, adding that may order.the room. cleared The sign, Belenski has.been ejected from at least, 'the resolution"is about-allow- and continue the meeting or explained, was criticism of a one other meeting,was merely. tng ,other'-people's 'participa- upon a majority-vote of the recent "county administrator talking after his allotted public tion." meeting" in which a clerk was comment time expired. commission reschedule the g To control the length of During the course of the meeting. not present to keep minutes of weekly public comments commissioners discussion, what was discussed. . allowed before each meeting, Belenski took photos of the Lawsuit filed Although the meeting was the commissioners use a three-, commissioners and wore a audio-recorded, Belenski.said recording device. Belenski on Feb. 3 filed a county policy requires that a County Commissioner John lawsuit in Clallam County clerk be present at every com- minute stoplight-like device Cothat gives the speaker the Austin, D-Port Ludlow, asked Supet'ior Court, alleging that missioner meetingto take green light,a yellow light when the countycommissioners 30 seconds are left,and the red that a section be added stating minutes. that the news media could repeatedly violated the open- In January 2007,Jefferson light when three minutes pass. remain at the meeting so they meetings act by improperly County Prosecuting Attorney A beeper sounds off when a could report what took place, calling closed executive ses- Juelie Dalzell gave Deputy speaker is 30 seconds over his unless theywerepart of the sions late last . or her allotted time. Prosecuting Attorney David disruption. In March 2007, a Clallam Alvarez a written warning for Staff clarification Sullivan and Johnson County Superior Court judge swearing at and flipping agreed the policy should also dismissed Belenski's Open obscene gestures at Belenski. Temporaty.Interim County apply to other county commis-. Public Meetings Act lawsuit Following an investigation Administrator Frank Gifford sions and committees, who against the commissioners. by and recommendation from told the commissioners in dis- could adopt it in their bylaws Judge George Wood can- County Treasurer Judi Morris, cussion of the resolution that should'they see fit, eluded in a court document Dalzell also ordered Alvarez to it was intended to clarify for The resolution states that that a series of Tuesday meet- personally apologize to Belen- • the staff and public how the "disruptions to the public ings between March 2005 and ski. • county commissioners can meetings of the[board]should February 2006 that Belenski Belenski refused to accept "work through difficult situa- not and will not be tolerated." cited in his lawsuit violated Alvarez's apology. tions during their meetings. The protocol will be: the state's Open Public Meet- Sheriff Mike Brasfield, whb ■ The chairman asks for ings Act, but that Belenski Jefferson County Editor Jen Chew attended the meeting for dis- order, then asks the offending filed the lawsuit too late. can be reached at 360-385-2335 or cussion of the resolution, said person orpeople to be quiet A tense Jefferson County Jeff chew®peninsuladaitynews.com. r Septic system inspections unwarranted Editor,Leader: Jefferson County Public Health offs- Not watchdogs vials are again trying to excuse their Not watchdogs �7 attempts to force yet another unjustified Editor,Leader: program on rural property owners.This time they're using a state law to force I have had enough of reading about rural owners to spend from$150 to sev- Mike Belenski and his groupies being eral thousand dollars on septic system classified as"government watchdogs." inspections.That law,246-272A WAC, For starters,this depressingly morbid in no way calls for the draconian mea- group bears no resemblance to the stoic, sures proposed by county officials. loyal and intelligent canine breed. In fact,to many county residents,the "proposed fees seem little more than an Second, the "faceless" government attempt to make up a budget shortage that is assaulted and harassed by this for the health department. divisive crowd is, in fact, our family, Dr. Thomas Locke, health officer friends and neighbors—our community. for Clallam and Jefferson counties,has For the most part, they are a highly even gone so far as to claim that sep- educated, hard-working clan of public tic systems are a cause of bacterial servants. problems in Dungeness and Discovery "Government watchdogs"? These bays. The serious challenge in Dungeness folks are little more than playground Bay is well documented to be migrat- bullies and should be dealt with accord- ing birds, not failing septic systems. ingly. Challenges in Discovery Bay are being TONY PORTO solved through improved farm prac- Chimacum rices. ft's a guess by public health offi- • cials that a few septic systems"may" have a minimal contribution to both problems. Until I recently asked Jefferson County's Environmental Health for data on failing septic systems,no one in that department could cite actual facts.Their subsequent review of their database shows that they still don't have evidence that failing septic systems are actual contributors to public health concerns. The department's own 2006 study of the most populated 20 miles of Hood Canal shoreline gave a clean bill of health to all septic systems in that study. • The causes of Puget Sound contami- nated water are complex. That urban sewage overflows and discharges are a significant factor is indisputable. That septic systems are a significant factor cannot be proven. Owners of on-site sewage disposal systems have a responsibility to main- tain their systems, which the majority of us minions do well. Jefferson County needs a grassroots citizens' panel to make informed rec- ommendations to the board of health.on how to best apply state law.We do not need fear mongering, unsubstantiated statements or regulatory abuse from our • public servants,elected or otherwise. DICK BERGERON Brinnon St 8 g• O g.O � MO a O O .� a 'rOp,(p ryp' Np,� y' y •. .. .,-9t o a w ' ' - 40- 8 r e w ' 7pg w R'° ao 0 [o O ° ° O C,Z 5 rs tNi N. c a I Q° o N -, 0 b. ,k. (g - K"c ap- ‹ p 5 fin, wo a. E 1 `Oy.,'n`�'°U' a. O N O --75..' 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Mill 's smell raises a stink New residents '" • vent at the microphone. • p' take aim at Whether the mill's emissions - '` x �,-»» '4' are making people sick is unclear r `'h • r"..�, `sacred cow' No health study has found a , 4 link,in part because there is also • •-••. �' zr EDITOR'S NOTE—This is no ambient air monitoring to t,. ''r r another article on North measure the density of toxins + ` ' Olympic Peninsula people,places drifting from the mill's stacks § iy" - t t and events as seen by journalists TURN TO MILL/D5 A • - V. '"��ae -" from out-of-the-area newspapers. .,rr f:. , r ' ' This article is from last week's #-,Z _ y Seattle Times. f. ---!:':-•":V , BY JONATHAN MARTIN CONTINUED FROM D1 . - -V'''-"y X444 THE SF:Arrt.t:TIMES 0 . ' -, 1, But the mere fact that the < 's„ , ,.� ,i,9�r, PORT TOWNSEND—Cindy mill's environmental cost is . Ne __ .i: ari Buxton woke up one night to the being debated—in local coffee • ''b'-i ,.:„...„..r.7.,,,„:0.4 rancid smell of rotting eggs and shops and in the local weekly 1 tt 'ai the unnerving sound of her 10- newspaper — reflects a new ,-i+ 't - year-old son violently vomiting. day for an old mill town. li.f ; r - ^"f�� fir= By the next day,the smell that .;1 f • v ,ia 'it had permeated her house—the Smell of opportunity M e •_Vi'5r i ,,r ijk ,-r telltale odor of the local paper ?'5'r ` ; �l t'ji i mill—was gone,and her son was In the late 1920s,amid the 4 iz t 4\r. Netter. closure of local canneries and _1/2+ -iF ; ,. � �' t " t But then she started feeling the looming failure of the < p"‘Lt 11 •pot '', sick. municipal water system,paper 'a► ; Sixteen months later, flux- company Crown Zellerbach ,,.. , r " ton's headaches and respiratory spent$7 million to build a new ' `''T , t "" +'lig problems are still so bad she and pulp and paper mill on Glen r ..#.+T. F her family have had to move to Cove at the edge of town, ,,,`, '` Alaska. according to the Jefferson -- Her conclusion:The mill made County Historical Society. - 4 tW , ` them sick The mill quickly rebuilt the 4i, "' t Those can he fighting words in water system and spurred aY r . this old mill town. home-building boom. ' ,.r • It remains the county's eco- 81-year co- Tar.Sr n,..TIME,81 year private employer nomic mainstay, employing The white clouds coming from the stacks at the Port about 300 people at an average Townsend Paper mill are water vapors from the scrubbers Port Townsend Paper, Jeffer- yearly wage of about$57,000. that spray water into the stacks to scrub out and collect son County's largest private It produces about 1,000 particulate matter. employer, has put food on peo- tons a day of virgin and recy- ple's tables for 81 years,sustain- cled pulp,most of it made into ing the town even through lean cardboard boxes. • }ears when the historic down- It also churns out about 58 regulated by the state. town and elegant Victorian tons of carcinogens each year, "I don't want to be critical The complaints are vivid, homes were boarded up. including nitrogen oxides — of the people complaining with people describing smells Since then, the town has known to aggravate asthma— that made them vomit,turn to transformed into a tourist and as well as ammonia and sulfur about it,but they did move inhalers and pull their chil- retirement oasis,and the mill is compounds that.cause the to a mill town." dren indoors. under attack as never before. mill's rotten-egg smell,accord- MARK WELCH "Someone other than the The odor that was once toler- ing to the mill's Toxic Release pat y,wnsend city councilman mill needs to be monitoring ated as the cost of living-wage Inventory, which catalogs the mill,"said Bailey jobs is now being dissected for its some bulk emissions from its Late last year, the federal toxic content. stacks. group, which now numbers Environmental Protection An organized and noisy envi- Port Townsend City Coun- about 150, found the permit Agency weighed in, e-mailing ronmental group,with Buxton as cilman Mark Welch, who relied heavily on the mill to state regulators to say they the lead case study, has cam- worked at the mill in high test and monitor itself,and to wrongly waived some federal paigned for more aggressive air- school and college, said opin- respond to citizen complaints. air-monitoring requirements quality monitoring. ions of the smell usually Even complaining about at the mill. A recent editorial cartoon in depend on how long someone the mill is complicated. The state had written the the weekly Port Townsend has lived in town. Some complaints are permit in a way that "you Leader portrayed the mill as a His family has lived in Port directed to the mill,while oth- couldn't really tell what was "sacred cow,"dropping steaming Towr}send since the 1850s, ers are recorded by a hotline in required," said Nancy Helms, piles of pollution,with state reg- and he links the smell to"eco- Ecology's Olympia office. the EPA official who sent the ulators asleepon.its back. nomic opportunity.' "I don't want to be critical Those complaints showpe-mail. g , Earlier this month, the state that Port Townsend Paper Although the objections pollution-control board sided of the people complaining ranks second—with 38 corn- were technical, the tone was with the mill critics. about it,but they did move to plaints since 2001 — among one of a rebuke. The board ordered the state a mill town,"said Welch. the 11 pulp and paper mills. For only the second time in Department of Ecology to rewrite I'm one of those odd indi- viduals who like the odor, the mill's air permit, after fed- because I grew up with it." eral regulators had accused the • state of going too easy on the Mill monitoring itself? mill's air-quality monitoring. That likely means at least Opposition to the mill bolos- another public meeting, giving soured in 2006, when la lcal , mill critics — an environmental environmental group,led by group called Port`Townsend Air- resident Elaine Bailey, real- watchers,led by a flock of recent ized the state Department of arrivals — an opportunity to Ecology had issued the mill a pp y new air permit good until 2009. r After some digging, the • c d 4 sd y o OW c �,•�o;-^ vC m fd4�. d o �� dE a, , 4. ro > iY E° O"W O G g. 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E. k fl R. c a1 0.@,,v.. s «1— w o MINI u1 d w= •- a1 t.:-;,-E.; 'o o:D N ro vro,�`° m 0.E >'b o >,N v ° y'b A w 03 F C >1, 7 @ a1 a1 f.. 8 I— mrooUclv7, o0.wcsp >.GYE °w . d .c 'ID 49 a o.. alalroc '� a ,-, j�• A0r�d s o 3 aL m m ro ac o_. o u E > 01„_,E a� o 61' millil 7 ro w °g"-.. 1..-�.•• d 0 > �ti 0w o w 3 c n E c 2!•-8:•'.4x m � s 3'� d a ,--- ,4P.,G .G iilhiI1: Vll1iI1flI -0 >,(�`aaV +' a1 0U "4 a °-' W `n � a,N8;,•. at m w a'c O C • • PT Paper's `foot rine' topic at pmeeting PENINSULA DAILY NEWS ate a scoring system to estab- participants will learn about year air operating permit for PORT TOWNSEND—The lish a footprint measurement the goals of the Industrial Foot- review after questions were first of two meetings to mea- for each facility, which will print Project. raised by local residents and sure the Port Townsend'Paper serve as a baseline to help corn- the federal Environmental Pro mill's environmental,economic panies set targets for improve- Next meeting's topic tection Agency about how the and social "industrial foot meE©logy officials say the The second meeting on mill manages its air emissions. rinm' will be held Thursday at process in Port Townsend will Tuesday is for people inter- 6As P of this review, new pThe meeting will be in thallow local government and the ested in making suggestions Public comment will be Erickson Building at the Jeffere public to learn more bout the about PT Paper's operations. solicited later this year Dates son County Fairgrounds, 4907 mill—with about 330 employ- There will befollow-up pub have not yet been set. Landes St. ees, it is the largest private lic meetings, and a final•report Both state and mill officials The second meeting will be employer in Jefferson County on the project is slated for pub have said they are confident held at the same location on — and for the mill's manage- lication in May. that any questions about emis- Tuesday, March 4, at 6 p.m. ment to learn more about the In addition to the two meet- sions can be answered, and Local residents are encour concerns of local residents. ings, "Ecology '`officials' are that issues, if any, can be aged to attend — null employ- During Thursday's meeting, reopening PT Paper's hew five- resolved. ees, labor union representa- tives, public interest and envi- ronmental organizations, gov- ernment representatives, busi- ness and civic leaders, school and youth representatives and members of the general public. • Study sponsors The state Ecology Depart- ment, PT Paper and four other pulp and paper mills in the state are partnering on the Industrial Footprint Project to gauge a mill's impact on the surrounding community. The study will look at how the facility can improve its environmental, economic and social effects in its community over time. PT Paper officials have vol- unteered, along with the other four mills, including Nippon Paper Industries USA in Port Angeles, to provide baseline data to Ecology on a range of environmental, economic and social indicators. The data will be used to cre- • A)/V/ , • Pu is invited• to share • • input on mill footprint t State Ecology leads meetings Feb. 28, March 4 Local residents are invited to two public resentatives, public interest and environmental meetings where they can learn about and share organizations, local government representatives, their input on the Industrial Footprint Project business and civic leaders, school and youth at the Port Townsend Paper Corp. mill. The representatives as well as members of the general Washington Department of Ecology and PT Paper public. are partnering on the unique project to measure The local mill has volunteered,along with four the company's environmental, economic and other mills in the state,to provide baseline data to social"footprint." Ecology on a range of indicators. Working with The meetings are set for 6 p.m.Thursday,Feb. consultant Earth Economics, stakeholders and 28 and Tuesday,March 4 at the Erickson Building the participating mills, Ecology will use the data at the Jefferson County Fairgrounds. During the to create a scoring system to establish a footprint first meeting, participants will learn about the measurement for each facility.The footprint will Industrial Footprint Project at the Port Townsend serve as a baseline to help companies set targets mill.The second meeting is for those interested in for improving over time. making suggestions about performance indicators A survey will be available on the Internet after and project strategies. This project is voluntary, the second meeting. Follow-up public meetings not regulatory,in nature. are planned for the spring.A stakeholder involve- ' Project stakeholders especially encouraged merit report for the project is slated for publica- • to attend include mill employees and neighbors, tion in May 2008. The final industrial footprint local community members, labor union rep- report is due in May 2009. • Burger bears an 0 By Scott Sands • more bread than meat." Leader Staff Writer ` Swenson said he can count on one hand the amount of MikeGreenofPortTownsend times they've gotten corn- bit into what he thought was . , 1 plaints about problems with a piece of gristle on Sunday food bank products. Usually when he was eating a breaded : it's something canned, where hamburger patty he had gotten ,i f F * there's been a dent that broke from the Port Townsend Food 4;;t the seal and the contents were dankx contaminated. He said that he couldn't chew a s� € Northwest Harvest,Swenson through it and so he pulled it , °; said, "is way on top of this out to find what he described F�,, , stuff." He said its officials get •as a long, worm-like thing. He information about food prob- discovered it in the second of 4. lems usually before the press the two frozen patties he had r does, and they make sure it 'fried up for dinner. Mike Green appreciates the doesn't get distributed. "I'm glad I ate the other onehelp he receives from the Port Green said he's just con- first," he said, "or maybe I'mcerned about someone getting Townsend Food Bank, but he was not." alarmed when he found this object sick and wants for people who There was no brand name _in a breaded hamburger patty.He are down on their luck to be 'pn the individually wrapped, described it as a"worm with feet." able to go to the food bank breaded patties that came from The item was checked at the county "and get food that's not weird • America's Northwest Harvest health department and thought to in some way." jn Seattle. be a tendon. Photo by Scott Sands Green brought the object to the Jefferson CountyDepartment of Health on Monday. Sarah Murphy, environmental health specialist, took a look but said it did not merit being sent to the state laboratory for further inspection. Randy Swenson, food dis- tribution manager at Olympic Community Action Programs, which works with the food bank, jnspected the item Tuesday. t-ie said Murphy "bent it back and forth and when it broke it Looked fibrous inside." He said it looked like a tendon. Helen Kullmann, food bank manager, learned of the issue Tuesday. She said she had pre- viously tested the food item because she likes to be able to tell people what they are get- ting. "I ate one, and I didn't see • anything in it,"she said."It was O. 0• i3 =: o O 3 .. � o p aouo ep °D 0 8 N 1 _ 0 `4on'z. ° ° ' .° > > 0 ' bot ` C.) ,.f.§ tu § 2 5 cl "E cd 4.: 2 ° 75. .s4 T1 0 "'" -0 u .2 O .5 `.:'' o• S ii. 4923 .5 •S •r> Nro4N • r••14 c7i -cf v) • I a) :4,-_,, 4 obaloic.) a.) ti) C...) a.) ,S CD . i, .m. rA".. " 4) 6 1 8 ...›.4 •U .C.; ,-.1 49, 0 41 4_, v o g• e - -IA- — -r . tea c 1 -8 -0 —.:1.1 - "a A o., a� H o .� C/) gcd 6 y 4 O0 A El VV.s 8 O I D 4n o e U 0 '2 r/C) 0 .s .0 ..: . 0 •s ._. .,73 E .P 0 il) P. Cie) (L) , 8 g c''' o0 o b0 a 1o2 - o !3 0 o b o o i *� 1 c4 0o G o 'o acs r•li 0 . ..0 - 1 -s . . E,' ou 4 P., i> c>., 51, 6 >, C ) &I) .1.' V I ''(5' - '1E1 • .E.,4-4 '• : A 2 13 U '...' 81' ." ,gu 00 A g 2 (1) � o a � � � 8 a 0 ..Q i o ° a 3 .0o.€° w° o°o E. 3 !DI) th) *.azi4g, R 0 R .5-) -F) 4 ti. V bb 0 uo > • ti c 03 (I) u 0 >,- .y • cp > O .ti 0> r, bg 0 C 4 C QNN Lam • !• 11 0 .1Rm aO d ed a >, ^., o g. •c1. .0 `) I..) • o °' U1Hf oG ,FA -I-,, 0 3 ' . 3 0O � 2. cL. tt .. .[ N 0 .O ai v •o — •o IIflU Ste, + oO 100I '8b A 0110o ', 'E 'aO 4.4 .S 0 0Z. 0) O q O m O.ix 4 • 0 liffli ov1 ,H, ' 0tu0 a . .. 0 '6 050E 0 . „, goo . 0 $2114 • o q 2W° oO pU. 0 � W O U L. *FA a �: v>'i • . Domestic violence ogli w''�4`,��Rix`M i pervades Peninsula — but r ^f � • - A victims needn't tolerate it �W" k Ot, AAy ; t • JF ( {�P'3,44-14-� �Sy§M'4 p' it ✓ 4�r' yy • Dimrty Ndh.f' .tr v..F• S'v4 i ''' • A 9 �.�' I'J�24�,fiG"to h.. 0,.ii� p 4 • '41:5;;,..,' ,little 0----1 f"b'�. w� J �xpR,a,' 'A ;t fa t �"�' P .Fn'"Cl� S'.; `-..-t": :::"....'''':. .''. -.°n r�Td�'x o-w :..,..-....:::::.7.;.::' .: x '''''I"''''""1°1"144--17401!;•:'&1.,PP'-' ' ' • • *,1,i.-..•,:,,.-e,'• --: - •. secret _ . .0; u4 rtv.t...„,.. . . , a BY JIM CASEY sr � PENINSULA DAILY NEWS Even as the North Olympic Peninsula "Take the time to listen and believe what your friend says.'• community mourned the murder last week CHERYL BOZARih executive director,Domestic Violence/Sexual Aasault Program ur Iettrnun C,,.: of a young mother by her ex-boyfriend, housing providers received a grim statistic: Nearly 120 responders to the annual ual Assault Program of Jefferson County Point in Time census in Clallam County reported serving 476 victims of abuse said domestic violence had contributed to and/or rape,according to Cheryl Bozarth, The cycle of abuse their homelessness. the agency's executive director. That means about one in six people liv- Statewide the situation only grows more ABUSERS OFTEN BEHAVE in a ing in substandard or uncertain housing— horrific,according to statistics provided by predictable cycle: or no housing at all—have been driven Kathy Wahto,executive director of Serenity II Honeymoon: Remorseful yet from their homes by their'partners.• House,which conducted the Point in Time romantic, the abuser returns to being At Healthy Families of Clan=County, census: the person his or her partner fell in • the nonprofit agency that ministers to the II In 2005,a study by the Washington love with, giving lavish presents and adult and child victims of domestic vioState Committee Against Domestic Vio- promising that the abuse never will lence, the picture was no prettier: lence showed nearly half of women mur- happen again. In 2007,the charity helped 'wQinen dered in the state were killed by their cur- , This stage gives way to: and men with crisis intervetion and coun rent or former husbands or boyfriends. ■Mounting tension: The abuser seting. II Almost a third of the 359 domestic-vio grows increasingly critical of the victim In 2008,said Becca Korby,Healtih Famr lence killings the study examined over nine and starts to make threats. lies executive director, "the numbers aren't years ending in 2005 were murder-suicides This stage continues until: decreasing." like Christin Stock's death at the hands of II Abuse reoccurs: The abuser - `" itkigf*%�'�='^'1 ,4,CgreS: ?' ll'brt-A,�vyles n F .-24. repeats the emotional or physical viu- Interventton nd advocaC _h a - lence. Emotional violence may turn to y II More than half of the abusers used a physical abuse. Physical abuse grows' >.' m more severe.This year,the agency will deliver more fo . ■In more than half of the cases,chil- After lashing out verbally or physi- than the 10,0QQ"units of service"it pro- vided last year intervention,advocacy, dren were present at the time of the slay- cally, the abuser returns to the "Hone}.- Ing,again like the Stock/Calvert killings. moon" stage—which grows shorter helping victims obtain protective orders and supporting them in court,to name a NI Domestic violence is the single largest with each succeeding cycle. few ; ., • cause of homelessness in Washington— To see what kinds of behavior are •"It blew me'away when I added every- more common than even substance abuse abusive, visit http://forksabuse.org. thing up,"Korby said. —Wahto said. Peninsula Daily News Meanwhile,the Domestic Violence/Sex- ' TURN TO ABUSE/A6 • . . The hard facts of domestic abuse ACCORDING TO PROFES- Appearing"nice"to outside observers after he or she leaves his or her SIONALS who counsel abuse victims: is a common characteristic,which too abuser. ■Domestic abuse has no ethnic, often makes friends and family mem- ■Abuse need not be physical to be • economic or religious boundaries,cut- bers disbelieve victims'stories. abusive.Many victims say the mental ting across all divisions with similar I This in turn has two effects:It and emotional cruelty they endure is frequency isolates victims from sources of help, worse than-physical injury. ■Abusers often are excessively and isolating them from all emotional I Children always are aware of abu- romantic at the outset of relationships, support except the abuser's. sive situations,even though their par- sweeping victims off their feet and IN A victim on average returns to his ents may think the children are asleep hurrying the relationship toward mar- or her abusive partner eight times or preoccupied with play when vio- riage or another situation the abusers before the victim leaves. lence occurs. can control. ■This behavior often makes it ■Children raised in families where ■An abuser first tries to cut com- impossible for the victim's friends or . abuse occurs often copy their parents munication between his or her families to"rescue"the victim and when they take their own partners— intended victim and the victim's give up in frustration,further isolating usually sons abusing women, daugh- friends and family. the victim. ters being drawn to abusers. ■Abusers have no obvious profile. ■A victim is at greatest danger Peninsula Daily News Abuse: ' do we do now? CONTINUED FROM Al =�v s� � ize4 ;, 4A v,,;,,,,,,,:s � N fi �,� �n.'�'s ;'� ^ ' ��� � 0� `�� y Y�**a'� Last SunWS e 1 it t,3 z ' day's murder/ Y,ice z L , �, a suicide was the i :;, ..;• • i.4. , - 7 ,� - a s '- m second domes � � t ,,:1$-,,,,,,,,,i �� " x n e ; f: g v` a w -,...,,45,r.„:„..(,,,,,,::..ase B at :x ,ne s�ber er tic killingin -.4„,,,,'i s,,Avg,..t,,,,,,,tv:,',2%i,. 44„,•...rivirti4,,,t4,4*,,.,,,,,,,,„.".34.46,,,,,(tivri. ,rif -,,/,4,(4,40,q,':;',1,r' i C 1 a 1 1 a my itilh p Cozen in just & 0 f RI 8 f L � t8 B pe B e ta� over three �4' 1 ' t 8 �e .t 6 f' ' • a k ' 88 ', ` t � t. �T� . 1 years. K'a a 4 a ' 7�' Altg0 £ i:t �s s' :• 7 s a-w M. . w W b :ti,"-m.,:7-,.!..,,;,741 ;.. Nathan r °s k a ; a r' f , Eugene Hip- Korb °-` 'c` '' a= 8. a fa': • .< � &4� sher beat his y I e ` E :,,,t4:, it ik 3 s B a 38 �j..,,qq;;�� as B.a -,. pay A g Amber girlfriend,Bu us-Steed, inno • a . F BSC',,,,,,,,,At b8�,8 ' E � . fe B a '-.. ,r,,'tl .„, Sequim motel in front of her . r e a as a {'' v s a.6 Ba as an sa .0-s , children on Dec. 14,2004,then M s : •2 a [7:47,V{ srtipii&° s� ":1*. [t ',°_,--$':;s:1:,i;,,7614:04., drove her to her mother's I , tl t a a lit)," ,f as ¢ s',... ' e e "` ' a' ' - x i : , , house in Port Angeles. a°a • a s .40.1.1r B hi4, �,,r Bulus-Steed was dead when t x "' 1� 40 police found her. Hipsher, who ;,. Y . .. „- , .r ma �,� F -,.-, ,, z �;s04' 41. %., pleaded guilty to murder, died of cancer in prison last Aug.28. friends or relatives who are tion, or accompanying the vic- abusers," Korby said, "the Korby spoke to Peninsula being abused — especially if tim to court. pain belongs to the victims. Daily News shortly after she'd they refuse to leave their "Make sure they know "What we do with that heal- attended Wednesday's meeting abusers—Bozarth said. they're not alone," Bozarth ing is what makes the differ- of the hospital guild in Sequim. "Take the time to listen and said, because friends and fam- ence for a healthy,joyful life." "They were up in arms believe what your friend says," ily members may be victims' She said people on the about the [Stock/Calvert] she said. only lifelines through the men- .North Olympic Peninsula tragedy,"she said. "Don't try to contradict or tal and emotional isolation should sustain the outrage they "I think the focus should be: minimize the danger. We can their abusers impose. feel at the death of Christin What do we as a community do see in this[Stock/Calvert]case The agencies that combat Stock. now?" exactly how real the danger is." domestic violence .and sexual "Once again, we have a Domestic violence, Korby Victims know best when abuse provide emergency shel- tragic reminder of the serious- said, "kills spirits,it kills mar- they should leave their ter for victims and their chil- ness of domestic violence and, riages, it kills childhoods, it abusers,Bozarth said,but they dren. once again, we have children kills human beings,and it can-• must be able to talk through Healthy Families, for without a mother. not be tolerated." their decision. instance, shelters from 14 to "The noisier we are about Don't desert victims "Help them reason through 18 adults and children each that and the more lights of . their own understanding of night. knowledge we turn on, the That means calling 9-1-1 if a their safety,"she said. The agencies also offer fewer places abusive people will person witnesses abuse, she Provide practical help, she counseling even long after a have to hide." said. It means reminding col- urged, such as looking after"a victim escapes his or her night- leagues,family and friends that victim's children while the vie- mare, especially .people who Reporter Jim Casey can be reached at it is not acceptable behavior. tim gets counseling or legal are reluctant to talk. '360-417-3538 or at jim.caseye And it means standing by advice, providing transports- "The shame belongs to the peninsuladailynews.com. oca awma a rs , II •oo . Ngbig . ffr'.Ish . BY BRIAN GAWLEYVan De Wege said. PENINSULA DAILY NEWS Eye ,On Olympia "We're fighting hard for the extra tugboat money and vari- OLYMPIA `Legislators ous'other things,'? he said.'" focused on moving their bills "My urban forestry bill "Tuesday until'the end will through the opposite house [Engrossed Substitute House be nine days of constant nego- last week and taking a close Bill 2468] made it through, tiations." look at the budget after last but there's two versions of The Senate's supplemental month's revenue forecast that one,"Van De Wege said. operating budget released showed $423 million less "So it's in the Senate, and Thursday includes $3.65 mil headed for the state's coffers. that's up to them. Both ver- lion for a rescue tugboat at "I'm shep t. sions went to the Senate Ways Neah Bay, enough funding to herding all my ,° and Means Committee, so provide year-round-coverage. bills through a,,°°' we'll see what happens." The House version only the Senate, . ESHB 2468 authorizes the includes$2 million. and all four Department of Natural The Legislature is set to seem to have Resources to establish an adjourn its 60-day session on made it," said ,' inventory, conduct an assess- Thursday,March 13. Rep. Kevin ment, and develop recommen- "None of this is final until Van De-Wege, o dations to improve community the gavel falls," Van De Wege D-Sequim.,, ii., v,, and urban forest conditions in said. ill ., � Van De the state. Wege; along Van De Wege Van De Wege's bill to have 13 days until adjournment with Rep. the governor appoint an orga- Lynn Kessler, D-Hoquiam, nized labor representative to Kessler also was eying that - and Sen. Jim Hargrove, .D- the state's Forest Practices March 13 adjournment date. Hoquiam, represent the 24th Board,House Bill 2893,passed ,, "We have 13 District, which includes Clal- to the Senate Rules Commit- `"' ,:• .' days, and we'll lam and Jefferson counties tee on Thursday for a second be out of here,',• and one third of Grays Harbor reading. ; Kessler said on County. Engrossed Substitute :. Saturday. "[Substitute House Bill House Bill 2626 was sent to ,, ,r, ':, "We just 2560] is looking like it going the Senate Rules Committee s a " sent an offer to to pass and help a lot of peo- for a second reading on Friday. g the Senate Fri- ple,"Van De Wage said. ESHB 2626 would direct ,--,, ,41, day night on SHB 2560 would allow com-. the . Employment Security r;.y , the operating panes employing between two Department to study options budget. We're and 50 people to qualify for for suspending the:one week Kessler expecting to group health insurance even if_waiting period requirement for hear back Sun- the owner didn't receive '75 people left unemployed by an day night or [tonight]. percent of his or herincome emergency or natural disaster. "The transportation and from the business. But his legislation allowing `capital budgets won't be very The issue was,brought to port district firefighters to join big this year," adding all the Van De Wege by Todd Holm, the state retirement system,' North Olympic Peninsula pro- owner:;of Gross's Nursery-. House Bill 2134, still needs •jects remain in the supplemen- Florist in Port Angeles, who to get through the Senate tai transportation budget. couldn't find affordable health Ways and Means Com- insurance)for his employees. . mittee by today's cutoff date, TURN TO OLYMPIA/A6 _, . 9iyipia: Identity . „ • 0 I, - ,. .,,t ' ' ;'�'��,�i- .;;,, , ,, ,...0„,,,..... is anon ��,,,. .:£bNTINU D FROM A4:."that's not going to happen." sib o 7 rxr.ki -`• 4ttrr 11,71,,,r n,TM1ayg final-billa,'must:4be. yMy• ;.domestic violence" out of the opposite house. leave bill .[Substitute House Bill 2602]is still alive,but not Hargrove. my eminent domain'informs- ` Meanwhile, several of Har-' tonal pamphlet' bill [House grove's Senate bills continued Bil12920] moving through the House. •"The:;: chair heard it, House Bill amended'it and dn't pass it." ,, F 5878 would.' , So..liargrove is going to trY ,W r clarify' law ' to get it attached onto another'' 44 "'' enforcement uris- b The i amendment would r "� 5 diction in" have had the, state .Depart- a f identity. theft , ' meat.of Community, Trade cases. and,Economic:Development It . was - publish the pamphlet instead ' placed on sec- of the` Attorney General's �, and reading Qifioe,Kessler,t id. s, ' Hargrove . Friday.by the ' "I don't care [who pyzb a House Rules bales it}as;long as.people get: Committee. the pamphlet"she said. Engrossed Substitute Sen- "It's nuts to hear it,amend ate Bill 5959 would expand the it and then let it die." Transitional Housing.Operat- • HB -2602 would require ing and:Hent program, which employers:to provide reason- provides assistance including • able leave' to employees'who'; c�management to individu- • are victims::of domestic,vio- als and families who are either lence,sexual assault,or stalk homeless or at risk of becom- ing,or whose family members mg homeless. are victims. It was voted out of the HB2920would require cre- House Appropriations Com- ation`and distribution of an mittee on Saturds.. :, informational pamphlet on. Substitute Senate.Bill 6790 i would" establish a four year eminent domA�n. ilot programwith two commu- "We kept the. funding for' p, the human .. remains bill mty eelleges and two prisons to • [Engrossed Second Substitute provide either.two=year degrees House Bill 2624] in our bud- .or the first two years of a four- inmmates. " said. .., , year get"Kessler said. degree to prison "Now'we have to get the t was referred to the House' funding unto the Senate bud- ro P riations Committee on t T ursdayt` ,. ESSHB 2624 would provide Hargrove's Senate Joint public funding for archaeologi- Memorial 8024 would desig- cal surveys on private land. .nate . state Highvway 112 ..•It was referred to the Sen- between. U.S. Highway 101 ate Ways ommit- and state Highway.113 as the tee on Friand Means Cday.. • "Vietnam War Veterans' '."It's:all about.the budget. Memorial Highway." I right now-and`getting bills It was passed to the House' passed,",Kessler said. •. Rules Committee for a second • "So, were )ust ..working reading on Friday. down+to the wire here to get ,- out on,the 13th. Reporter Brian` t3awley can' be • "`I was hoping to 8et out on :reached at 3E0417_3622or brian.gawley® i2t1h,.tut it'p .looking.like:;peninsuladalynews.corn • f 0'`#fin \ s z c a),..'z" • -^r-.'"q,k\ y .ws kf a k W' l0 O N C "'-- C - O L 7 , d w.o si 4. ZS� 63- 41 ,e " a7WO O' '6 om 0d yia 9 +Cm ' ;;r',/,.'A - ��, , yaa-- .. ,.ti j,11,A.d, ! - c l0 d d O w .3 § +w., .0, r m4'' ''': .„',, PC4 W,"e � #,, Xe" t � k � C .g C uiN� 1/4,11-401' . A ' � , a ' ,n„ , � t O 47P ' i,” t *te .a aH.s� y � It! 5A m a"' ' ,%, s, c v * b.- S r e ".ti a11 y' m w m Od •M" 't • ' ti, E . .ti cdP .5c 4 4.4 ' ' '`y a � f 5 L Vmm L.w H& h " V d W'�-.5F ,,,;,,v.. G+. to iaw Cy C w„ L40. GZ ..tlt 8 Ev5c, y �M � g TZItwd t--s-1 (r) � JC ,�dykk. 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TOM • dentsatmeetingsbutalsobecause from several Jefferson County , �,�t public meetings prompted coun- , k i t s £ �. ,- s,;i 1 '1- J i ' a man with a grudge against ty commissioners to adopt a pot '' , .t ;t ' € city officials in Kirkwood,Mo.. icy that clarifies what constitutes ', ,f'-."f, ��h � f went on a shooting spree at a disruptive behavior. k. „ apt► '"., a .. council meeting Feb. 8, killing Belenski called the policy a t ..f. a five people. The news spread form of retaliation by commis- - "714`'"!- >i;, `.4r r" I`.I� quickly around the Courthouse, csa-�;; and there was talk that Belenski sioners who don't like his public s ,f i , f , criticisms. Commissioners said �� carried a concealed weapon. • ap sxd • it's how he speaks,and for how t "" Belenski last week denied �� " `�� that. He said he went to the long,that's becoming a concern. ._, E - v -•'----r`,"".'"'"'""—� Pierce CountyCourthouse last Commissioner Phil Johnson --,�1 .. - most recently asked Belenski to `v month to check on documents leave a Feb.4 commission meet- >� v �'? he had requested months earlier. ing and summoned a sheriff's ''' I €�., �4 Belenski said he left a razor in deputy to the commission cham- -., to l F ' his pocket that he had used to cut bers after Belenski went over,by ' ?' a bale of hay a day earlier.The seconds, his allotted three min ,,, ' ,t - • v ,,� razor caused a metal detector to utes of speaking time. Belenski go off when Belenski was enter- , r f, f �k� ing the courthouse. complained that two people who , . t t � i l '� ; Belenski said he did not support commissioners were • . ,,c ..?` 4. ,r� ,µ snickering at him and had dis- l> sr appreciate how a Pierce County tracted him during his presen- deputy at that courthouse had talion. Belenski said Johnson Mike Belenski(standing)takes a photograph of George Yount on Feb.19 after Jefferson County commissioner treated him and wanted to file a failed to stop them when asked approved a new policy on dealing with disruptions at commission meetings.Belenski felt the policy was in retalia- complaint against the deputy for tion against him and that Yount had interrupted him at an earlier meeting. Photo byAllison Arthur demeaning. do so. being But that wasn't the only loci- Commissioners fine-tuned the After that exchange,Belenski Belenski also had taken a Belenski also filed a sheriff's dent within the last month. wording to allow news reporters turned toward the audience and photo of Commissioner Sullivan complaint against Commissioner Port Townsend police were to stay in meetings as long as George Yount,who also regular- meeting with a planner and held Johnson over the Feb. 4 inci- •called to a county health board they were not part of the disrup- ly attends meetings,and pointed that up as well,accusing Sullivan dent that Jefferson County meeting where Belenski led a tive behavior. to Yount as one of the people of meeting with staff on a draft Prosecuting Attorney Juelie move to change the venue of a Acting Administrator Frank who had interrupted him Feb.4. critical areas ordinance outside a Dalzell forwarded to the State public hearing on septic system Gifford voiced support for the Belenski started taking photos public setting. Attorney General's Office for inspection rules because there policy to help guide commis- of Yount. "I was doing my homework," review. were too many people crowding sioners through what he called Yount said he had not snick- Sullivan said later, adding that (Staff writer Scott Sands con- into a small room.Belenski has "difficult situations" at public ered at Belenski but had made it should be a good thing for tributed to this story) eye contact with him on Feb.4. commissioners to ask questions repeatedly complained about fire meetings. code violations when overflow Sheriff Mike Brasfield said "He's asking me to gavel before meetings and to meet crowds appear at various meet- Feb. 19 that the policy meets down things I can't even hear," with constituents. Sullivan also ing rooms. provisions of the state laws Johnson said later. said Belenski had interrupted The policy approved Feb. 19 ensuring open public meetings The morning incident on Feb. the meeting he was having with on disruptions, which applies and embraces the idea of pub- 4 prompted a discussion later the planner,walking through an only to county commission meet- lie participati As a Jefferson that same day of the proposed open door and then taking pho- ings for now,gives the chairman County resident and as a ser- policy that first surfaced a year tos. of the board authority to ensure vice provider,Brasfield encour- ago,after similar incidents with In approving the new policy, that people comment in a"nor- aged commissioners to adopt the Bglenski occurred. The policy Sullivan said an issue for him mal conversational level." policy was discussed but never adopted is that people should feel safe The seven-step process calls While commissioners were formally. when they comment and feel for the chairman to ask the discussing the policy, Belenski Some of what Belenski said that they can speak their minds "offending person or persons started taking photographs while at the Feb.4 meeting also both- without retaliation. to be quiet and behave in an standing in the doorway of the ered commissioners. "Being open to the public is orderly manner."If that doesn't commissioners'meeting room at Belenski had held up pho- really important. If you try to happen,the chairman is to state the courthouse. tos of Commissioners David create limits for Mike's inappro- on the record that he has con- After commissioners voted, Sullivan and John Austin and priate behavior, then you are in eluded the actions of the per- Belenski approached Johnson questioned whether they were danger of limiting other people's son are interrupting the board's and told him that at the Feb. 4 acting outside of the public view access when you don't want to," ability to conduct its business. meeting "I asked you to quiet and public meetings. Sullivan said. At thatpoint, the chairman can y Belenski said Austin had met them and ?cm told me to con- Belenski, who has another direct staff to ask for a deputy tinue. It was my three minutes with Jefferson County Historical lawsuit against commissioners to remove theperson or Society Director Bill Tennent in persons to speak." alleging they violated the state involved. "You continued on after- the hallway one day and Tennent open meetings law, said com- The policy also states that ward,"Johnson said."And how then turned in a request for missioners favor supporters and • if after the person is removed long did I continue?" Belenski $12,000 that was approved with- people who have given them the chairman concludes on the queried."According to you, six out commissioners discussing money and don't want to hear record that business cannot be seconds," Johnson answered. the contract. The contract had dissenting comments. conducted, then the chairman "That's right,"Belenski said. been placed on what is called a "consent" a enda, from which During a public comment can clear the meeting room and g period Feb.19,Jim Fritz used his continue the meetingor adjourn commissioners deal with con- tracts tracts and routine issues with three minutes to present Belenski /�� �s <% and move elsewhere. with a "Champion of Truth" little discussion. award, saying Belenski was a e Belenski had taken a photo cross between Jack Anderson `�, r' of Austin and Tennent in the and Ralph Nader. / �/J J� hallway. Belenski The morning incident . • Feb.4 prompted a discussion accuses later in the afternoon.And a policy on how to deal with • Johnson of disruptions was approved by commissioners Feb. 19.(See misconduct related story on this page.) The complaint the attor- By Allison Arthur ney general's office is being asked to look into stems from Leader Staff Writer a complaint Belenski filed on Feb. 7 that Sgt. Andy The state attorney gener- Pernsteiner investigated. al's office has been asked to Pernsteiner interviewed look into a complaint of offi- Belenski,Johnson and Chief cial misconduct filed by Mike Civil Deputy Bob Anderson. Belenski against Jefferson Johnson had summoned County Commissioner Phil Anderson to the commis- Johnson. sioner meeting and first met Belenski is accusing with Johnson in a hallway. Johnson of misconduct dur- Anderson said Johnson told ing a dispute the two had him that Belenski was disrupt- after Johnson summoned a ing the meeting and that he sheriff's deputy to commis- wanted Belenski removed. sioners'chambers on Feb.4. Deputy Anderson also said "I think it's absurd,"Johnson that as Johnson was walk- said of the complaint. ing back into the meeting • Prosecuting Attorney room, Johnson inadvertently Juelie Dalzell decided to for- brushed up against Belenski. ward the complaint to the "AndersonsaidthatBelenskd attorney general because was standing so close to them she said her office has had that it was nearly impossible an adversarial position with to pass without touching one Belenski for a long time. of them. Belenski caused a "Due to the high level of scene yelling how Johnson contentiousness between him had assaulted him. Johnson and county government, I said that he wanted Belenski believe it is in the best interest removed now," according to of Jefferson County to have a the incident report. • neutral, third-party review of The report notes that after his allegations,"Dalzell said. the commissioners' meet- The state attorney assigned ing,as Anderson and Johnson to investigate the incident did were walking down the hall not immediately return a call to Johnson's office, Belensld • for comment Monday on when took their photos, and as the her work might be completed. two began talking in the office, Belenski did not return a `Belenski bargedintoJohnson's call last week and was not office unannounced and started at the commissioners'meeting arguing with Johnson. March 3. Previously, he has Anderson said that this said he feels commissioners are lasted a few minutes until trying to retaliate against hum Belenski left the office and for speaking out on issues. Johnson closed the door,shut- Official misconduct by a public official is a gross mis- tingensa out his office. Anderson said that Belenski demeanor offense, later followed him upstairs and Commissioner Johnson demanded to see his policy and called for deputy intervention procedure regarding removing Feb. 4 after Belenski spoke persons from public meetings," longer than—by seconds—a Pemsteiner's report says. three-minute time limit for The report concludes that public comment. After the Johnson,while trying to con- meeting,Belenski said he felt trol the meeting, had found people were snickering at him that Belenski was being and that delayed him. disruptive and acted within RCW 42.30.050 to control the situation. • o'm « = uOuu .a. 15 [4 .7, 6., >., z .,... ,,, t'OP No ~ O O V pg. dy. 7 :13E Q u fi ,,, ..« .' . 00.7. `u"s > °..0 G •.=u.. 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'-,. � ii �' s 0V O7Uc E >-• 5Uu Oa • 4 ..• .-41 :.3- .0 0 p u8 0 U 0 ub0 pw Lr,,' . aI 4::,e °: v E 2 a . -,0 a .b y °30 uC O pr, p £ - a d 'li.+ E -47 u. N Cm p g0 q ° ° P '° c`° 3u° 3. t s � Ern a s ; I find it absolutely terrifying that this III Testimony has happened in our community and that it is tolerated. frightening I'm very familiar with the long- term effects of violence on individu- Editor,Leader: als, families and communities because I went to the public meeting on of my work to prevent child abuse. Feb. 14 hoping to learn more about the As a public health nurse I see people county's proposed plan to inspect septic of all ages suffering from the conse- systems and thinking I might share my quences of verbal, emotional, physical opinions and concerns. I'm a horn- and sexual abuse. The effects last for eowner in Chimacum with an expensive lifetimes, even generations. The costs mound system and am worried about to the individual and to the community the cost of inspections. are immense. What I learned that evening was So why are we applauding when so upsetting that I cried all the way citizens make these violent statements home and couldn't sleep that night. It directed at the public? I was surprised wasn't the information presented by the police did not arrest them or at least the county that bothered me; it was escort them out. Why was it acceptable the intensity of violence expressed by that I,left feeling assaulted?Not to pep- . several citizens during their turn at tion how the members of-the Board of the microphone arad reinforced by the Health must have felt. laughter and applause of the audience. I would like to suggest that we I don't understand how it came to be enforce any applicable laws regarding acceptable and laudable to suggest, as violent acts,statements or threats against one woman did,that it was a great idea another person in public meetings as to shoot and kill the City Council as well as out on the street. Inseparable some citizen did during a meeting in from the right to speak at public meet- IP another state.Or the person who stated ings is the responsibility to do no harm our local Board of Health is as evil as to others. Hitler. It seemed that the majority of (NEN ZORRkH the audience agreed with and admired Chimacum these people. Sleeper Bill on Hood Canal Septics Raise Concern : Top Stories : Kitsap Sun Page 1 of 4 Login I Member Center I Contact Us I Site Map I Archives I Subscribe to the paper i HOME LOCAL BUSINESS SPORTS COMMUNITIES FEATURES ENTERTAINMENT NEIGHBORS OPINION BL( ,; If you or a loved one has suffered from asbestos-relat; i- 141 cancer, e ray beable to help get you monetary comp; # g GALAX Top Stories ._ g . s� search 1 OUSE OVIREOR MOVIE Home>Local>Top Stories I 4F3 a a_y Sleeper Bill on Hood Canal Septics Raise Concern A F By Christopher Dunagan(Contact) Monday,March 3,2008 Local health officials continue to oppose a proposed law STORY TOOLS to require new homes in the Hood Canal region to install • E-mail story special nitrogen-removing sewage systems. Comments iPod friendly But local health officials failed to testify against the bill— Printer friendly and it sailed through the full House and a key Senate News alerts committee with little discussion. MORE TOP STORIES Keith Grellner of the Kitsap County Health District House Passes Bill to Make Ferry testified against similar bills in past years, but this time he System More Accountable Environmental Activist LaDuke to remained silent. Speak SK Man Says Meth Arrest Would ,,"We are a public health agency, not an environmental 'Ruin'His Retirement protection agency,"Grellner noted. "The fourth time Ten mi coming back, they tweaked it enough that we could not 1. Bi FA SHARE THIS STORY M reasonably oppose it any longer from a public agency In 16 A ir v. perspective." 3. C. What's this? 4. FE Still, Grellner says he has seen no evidence that 5. Si installing nitrogen-removal equipment in most parts of Li 6. Ai Kitsap County will do anything to improve oxygen-deficient waters in southern Hood Canal. 7 SI 8. Pi Rep. Bill Eickmeyer, D-Belfair, who has proposed other versions of the bill in the past, said it's time 9. Pi Si to bring local health districts into the modern world with equipment that cleans up nitrogen. 10. N, Ti • Despite widely varying cost estimates, Eickmeyer predicts the cost would not be higher if state http://www.kitsapsun.com/news/2008/mar/03/sleeper-bill-on-septics-raises-concern/ 3/7/2008 Sleeper Bill on Hood Canal Septics Raise Concern : Top Stories : Kitsap Sun Page 2 of 4 • health officials approve more of the high-tech systems for home use. • Even though many of the new systems would be installed well outside the low-oxygen zone and in upland areas of Kitsap and Jefferson counties, Eickmeyer argues that it is worthwhile. "The north end of the canal feeds the south end," he said, adding that the entire canal could become oxygen-deficient in the future. "The population growth is going to continue," he said. "If we solve the problem now, it will be solved for the next 30 years." Officials with the Washington Department of Health and Department of Ecology support the legislation. Jean Baldwin, director of public health for Jefferson County, said the bill moved so fast that her district was caught unaware. "The(state) Department of Health is not strong enough right now to stand up against this,"she said. "If it does pass, a lot of health directors are going to be speaking out." Dr. Thomas Locke, health officer for Jefferson County, said boards of health in Jefferson and Clallam counties have spoken out against similar bills, along with Washington State Association of Local.Public Health Officials. • "It should be something of interest to people in Kitsap and Jefferson counties, because the cost of these mandates can be enormous," Locke said. The technology has not been proven in real-world conditions, and local health officials have reason to wonder if they will keep working effectively over time. Brian Minnick of the Building Industry Association of Washington was one of the few who testified against the bill in a House committee. It was improved, he said,when requirements for phosphate removal were taken out. Well-meaning environmental regulations are causing housing costs to skyrocket, Minnick said. Legislators are pushing so many environmental bills this year that he can barely keep up with them, he added. Sen. Phil Rockefeller, D-Bainbridge Island, pointed out that nobody testified against the sewage bill in the Senate Committee on Water, Energy and Telecommunications, which he chairs. "We act on the basis of information shared with us," he said. Sen. Tim Sheldon, D-Potlatch, said he would try to bottle up the bill in the Senate Rules Committee or kill it on the Senate floor. 4111 http://www.kitsapsun.com/news/2008/mar/03/sleeper-bill-on-septics-raises-concern/ 3/7/2008 Sleeper Bill on Hood Canal Septics Raise Concern : Top Stories : Kitsap Sun Page 3 of 4 • "The House did not take a good look at the bill," he said. "There is still a big question mark about the (nitrate) standard." Sheldon said he also has ethical concerns, since the bill would require special equipment be sold by only a handful of manufacturers. Eickmeyer's son, Ezra Eickmeyer, is a lobbyist for Sludge Hammer, one of the manufacturers that claims to reduce nitrogen with its system. "If the bill doesn't pass, I'll be happy,"Sheldon said. "I don't want to get into an ethics investigation." A 2006 investigation by the Legislative Ethics Board found no evidence that Rep. Eickmeyer used his position to assist his son or to confer special privileges. Eickmeyer said his son is pushing a Senate bill to encourage the Department of Health to license more advanced treatment systems, but"I have made no contact in the Senate." Eickmeyer said the reason his bill is important is because it has been proven that Hood Canal is sensitive to nitrogen. The delicate balance can be tipped by even small amounts from human sources, he said. Grellner said he's not sure what to make of the bill, which requires nitrogen reduction to 20 milligrams per liter in household effluent but includes words like"use all known, available and reasonable methods of nitrogen removal." • With good soils, a standard old-fashioned septic system may meet that standard, based on preliminary studies, Grellner said, but how the law would be applied is a big question. For a discussion about water-related issues, check out the blog Watching Our Water Ways. Fed Cuts Interest Refinance $300,000 Refinance and Save Rates Again for Only $1,000S Mortgage Rates Hit 26 $300,000 Mortgage for $150,000 Mortgage for Month Lows. Calculate only$965/month. $483/month. Compare Your New Save $1,000's - No up to 4 free www.LowerMyBills.com www.HomeLoanHeipLine.( www.pickamortgage.com Ads by Yahoos Comments 23 Comment(s).Click here to view/post comments. Scripps Newspaper Group—Online M O 2007 The E.W.Scripps Co.41110 � Privacy Policy User Agreement http://www.kitsapsun.com/news/2008/mar/03/sleeper-bill-on-septics-raises-concern/ 3/7/2008 0 CI al a) 2 os ci) a) go Go 0,0-. a) 4-, 4 4-) w ui eo-0 3 'F'•...' dodo. d 'C3 •CCS 0, �?•ti ,z,,; L. i•+ E::; ! co3o � •„ . .R •� a•, 1t ao�' oa�i ° :.Q 0 4a .0 y; ,- c°', c.Oa.4 0 oaoos�,. ;Lc.- b•0 Mm a ,-. 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Ex caoQ . .gym > � y • JEFFERSON COUNTY HEALTH AND HUMAN SERVICES ENVIRONMENTAL HEALTH DIVISION POLICY STATEMENT 04-01 PROGRAM — On-site Sewage Disposal SUBJECT— Evaluation of existing onsite sewage systems Effective this date the following procedure shall be adopted to implement provisions of Jefferson County Code 8.15.150 Operations and Monitoring. The policy concerns when evaluations of existing onsite sewage systems (EES) will be required, by whom, and how they will be conducted. PURPOSE Section 8.15.150 of the Jefferson County Onsite Sewage Code establishes that owners of existing onsite sewage systems shall obtain an initial inspection (EES) when the property that is served by the system is being sold and/or when an application for a building permit is submitted. The purpose of this policy is to provide more specific direction as to when an EES is required, how an EES must be conducted, who can conduct inspections and what may result from an • inspection. APPLICABILITY This policy applies to individual residential and commercial onsite sewage systems. This policy is not intended to address EES required under other provisions of the onsite sewage code: community systems, areas of special concern or systems that were permitted with waivers. GENERAL POLICY STATEMENT It is the policy of the Jefferson County Board of Health that all residences, businesses or other buildings where people work, live or congregate in Jefferson County not served by a public sewage treatment system must be connected to an approved, properly functioning onsite sewage system. It is also the policy of the Board that all systems must be maintained properly in order to reduce the frequency of failure and that all systems will receive periodic inspection by an approved third party or EES at the frequency established in the Onsite Sewage Code. Approved third parties include but are not limited to Environmental Health Department staff, Designer or Professional Engineer Licensed to practice in Washington, Jefferson County PUD or Certified Operations and Monitoring Specialist. • Policy 04-01 Page 1 of 4 February 2004 • SPECIFIC STANDARDS A. Types of Evaluation of Existing Systems (EES) 1. Operational check - intended to verify that there is an existing functioning system on the property. The inspection must include a visual inspection of the septic tank to confirm the construction material, structural integrity, liquid capacity, sludge and scum depth as well as general condition with specific reference to inlet and outlet baffles. The general location of the drainfield must be identified and evaluated to verify that there are no direct discharges or surfacing effluent. 2. Full Assessment - Includes an operational check as described above. In addition it requires establishing the location of the drainfield components, both depth and size, to determine its treatment capacity and level of compliance with standards. If insufficient information is available after a review of the record the next step is to complete evaluation onsite. This typically entails uncovering some system components. B. Who Can Conduct an EES: III 1. The operational check EES may be conducted by licensed onsite sewage system Designers or Engineers Licensed to practice in Washington, County Environmental Health staff and Certified O&M Specialists. 2. The full assessment EES Inspections that are intended to establish the treatment capacity of a system and/or designate a reserve area may be conducted only by Licensed Designers, Engineers or Environmental Health Division staff. C. When is an EES required: 1. Time of Sale: An operational check EES shall be conducted at the time of sale if the property is not in compliance with the monitoring schedule in JC Code 8.15 Table 1 or has not yet had an inspection per this table. An EES is valid until its next inspection as specified in JC Code 8.15 Table 1. This inspection is intended to verify that there is an existing functioning system on the property. 2. Building Permit Applications: An application for a building permit will trigger the requirement to have an EES completed as specified in the attached table, Appendix 1. II Policy 04-01 Page 2 of 4 February 2004 • a. Exceptions- An EES is not required for building permit applications for building maintenance including but not limited to re-roofing, replacing or adding windows, wood or propane stove installation or above ground propane tank installation. An EES is not required for interior remodels that do not include new plumbing or additional bedrooms or applications on sites greater than 5 acres and greater than 200' to shoreline that are not adding plumbing as identified in Appendix 1. D. Inspection results: 1. Any inspection identifying a failure as defined in WAC 246-272 - Onsite Sewage System Rules and Regulations of the State Board of Health, must be reported to Jefferson County Health and Human Services within 24 hours. Owners of failed onsite sewage systems will be required to initiate steps to correct the failure upon notice from the Health Department. 2. Any inspection identifying maintenance deficiencies must be recorded in writing in the inspection report. The report must be submitted to Jefferson County Health and Human Services and to the property owner, at the first reasonable opportunity. 3. If the EES is performed for the purposes of property sale, it will be the • responsibility of the seller and buyer to determine who will correct identified deficiencies. Deficiencies not corrected by the time of the next required inspection will be considered a violation. 4. If the EES is performed for the purposes of a building permit application, it will be the responsibility of the property owner to correct the identified deficiencies. Deficiencies must be corrected prior to final inspection and sign off on the building permit. EFFECTIVE DATE This policy shall become effective on the date of adoption and remain in effect until amended or repealed by action of the Jefferson County Board of Health. Health Officer Date Chairman of the Board of Health Date • Policy 04-01 Page 3 of 4 February 2004 • 0_ ..1 -. of +O, O i a a) a) -0 .0 a) • CO ra L E O L U 2 as .0 a) .-. 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C C O. c O M as ,C E a) O) N O E F- A _I i Q 7 •- L O O U a (s U O 7 N - O 'D a) O U) mw 0a Li- _c " cs a o o N o } ti4-, co 2 L V O 0 C) L co N i CO d • 0 N O r- i O O (A C C ,ci a) N 3 E >, N a) N X X L. 2 O U .O O Y U N N a) .�-+ W is L _, d Iy^�, ci �j a�a)) 0 O 0. (6 rz O L V) W S C O a 7( r U .> L O 3 0 OS Y 0 -° O a) C) O o 00 0 U) L FV co o X a N N c= Cm E Ca) F ` C) O O O O C4— (nL D � 4- (C6 O 0 4) o a) -- O a) 0 0 0 O .- a) O 3 c O a Z a`> E 3 0 E c ° oE off) a) c (0 > • Y N O CO c c coo o N E a) Q.. c O 0 as co C a) 2 2 a) Q fB OL C Q L (l3 a) i 6 (B Y 0 a) a N _c 'i LL co � '� E a0i '- a 0 aa) E > 'a ov o o ° o E -o O o o C 0CL -C3 7%- c _ ... Y� 020 0) di 0 .0 m0 ° U ° C 0 Z �� % O U i) C (n C .3 N 0 ° •N C c - Y 0 E (° "- SQL o o.(1) ( '� rn Cocco 0. E 9 oco et Q ° o `0a Ca2 < E) > = mac ma coo cs > � a—>i .a) CXi c o > = o o 2 a - c, � � o aNi � oo � °) E y aa) c v 0 c _ c +.., T3-3 U 73 O 7 cs a) C �, d W � � L o a� x o > o (v S c c � a) H e �- o W Ou C' WU) O ° $ cs r a) a -cO a = u7 * a. JEFFERSON COUNTY HEALTH DEPARTMENT ENVIRONMENTAL HEALTH DIVISION • Policy Statement Number 93-04 Program: Onsite Sewage Subject: Wet Season Evaluation I. Effective this date the following policy and procedure shall be used in determining when and how a wet season evaluation shall be conducted. A. A wet season evaluation may be required when: 1) Water is observed seeping into or standing in an open excavation within three(3') feet of the bottom of the proposed trench or, 2) Mottling occurs within three(3')feet of the bottom of the proposed drainfield. Mottling is typically characterized by spots or blotches of different color or shades of color interspersed with a dominant color in soil. Mottling is caused by intermittent periods of poor aeration and impeded drainage or, B. A wet season evaluation shall be required in cases where less than eighteen inches(18")of usable soil is observed. • C. Application for evaluation shall be received no later than December 31 of the wet season to be monitored. D. The wet season evaluation shall be completed by Jefferson County Environmental Health Department staff during the period of January 1 to March 31. E. The wet season evaluation may be required to be repeated if the precipitation during the year of the evaluation is less than 80%of normal but will, in no case,be required more than twice. F. Wet season evaluation may be repeated at the request of the applicant when precipitation during the year of the evaluation exceeds 110%of normal. G. Soil logs from the area to be evaluated shall be submitted by a licensed designer,Registered Sanitarian or Licensed Professional Engineer and evaluated by Health Department Staff prior to installation of the wet season monitoring ports. • Page 1 of 2,Wet Season Policy Page 2 of 2,Wet Season Policy • H. Placement and construction of monitoring ports for evaluation: 1) A minimum of four(4)monitoring ports shall be prepared,two(2)in the primary drainfield area and two(2)in the area of the reserve drainfield 2) Monitoring ports shall be constructed of four inch(4")or larger solid PVC pipe that has been slotted or perforated throughout the anticipated zone of saturation,as instructed by the Environmental Health Specialist,with concurrence of the designer/engineer,for the particular site. 3) Ports are to be installed into the horizon to be monitored and a minimum of twelve inches(12")below the depth needed to meet minimum vertical separation requirements. 4) A small amount of gravel may be placed in the bottom of the hole to prevent silt from sealing the bottom of the hole. 5) Slightly mound the soil around the monitoring port to eliminate puddling around the pipe. 6) The monitoring port shall be capped.The top of the pipe shall be • slotted to allow easy removal of the cap or screw type caps may be used. II. Onsite sewage disposal system design is reliant on determining the depth of native soil available for treatment. WAC 246-272-140 states that soil absorption systems shall not be permitted where thirty-six inches(36")of vertical separation cannot be maintained,however, the separation may be reduced to one foot(1')by the Health Officer under certain circumstances. While mottling and gleyed soils are indicators of a water table(saturated soils), and can be observed during the dry season,they can also be the result of ancient water activity. In order to assure that a proposed design meets the required vertical separation where indications of a water table are present, it is necessary to complete an evaluation of the site during the months of suspected high water table as per WAC 246-272-110 (5). /S/ J. Peter Geerlofs M.D. Date: 5/29/93 Health Officer /S/Bob Hinton Date 5/29/93 Chairman, Board of Health • • Jefferson County Health & Human Services Environmental Health Division Policy Statement Number 97— 02 Program: On-Site Sewage Subject: Minimum Land Area Requirements Effective this date, the following policy shall be adopted concerning the minimum land area that is necessary for the approval of an application for an on-site sewage permit. L When there is an inconsistency between on-site sewage system regulations and County or City zoning or other land use or development regulations, the more restrictive regulation shall apply. IL The minimum land area required for approval of an on-site sewage system permit shall be determined by either Method I or Method II as established in Chapter 246- 272-20502 WAC. When a Method II analysis is being performed, the analysis must be conducted for an area of at least 100 acres. If the project site is less than 100 acres, the area surrounding the site shall be included so that a minimum of 100 acres is analyzed. When conducting a Method II analysis, the area to the centerline of a 111 road or street right-of-way is along the perimeter of the development and is dedicated a part of the development and land area is at least 12,500 square feet in area and the property can be served from an approved public water supply. III. Applications for permits for sites not meeting minimum land area requirements, whether determined by Method I or Method II, shall be approved only when a waiver from minimum land area requirements has been approved by the Health Officer. A. General Land Area Waiver Provisions 1. Applications for waivers must be submitted on forms prescribed by the Health and Human Services Department and appropriate fees must be submitted before a waiver will be considered. 2. The waiver application shall include a justification describing how the requested waiver is consistent with the purposes and objectives of protecting the public's health. Justification may be in the form of the "standard land area waiver" described below or may be specific to the proposed development. 3. Applications for waivers from minimum land area requirements will be reviewed by the Health Officer or his designee within thirty (30) days of receipt of the waiver application. The Health Officer must provide • written findings that the waiver is consistent with the standards and F:\Documents and Settings\GT\My Documents\Jefferson County\changes051804\Policy Statements\Policy St. #97 - 021.doc • intent of the on-site sewage system regulations before the waiver may be approved. 4. The Health Officer may establish monitoring, sampling, inspection or other appropriate requirements as a condition of the waiver. B. Waiver Limitations. Waivers to minimum land area requirements will nolt be approved if any of the following conditions exist: 1. The proposed project is within a Vulnerable Aquifer Recharge Area, or is within a Special Aquifer Protection Area and susceptible aquifer recharge area as identified in the Jefferson County Interim Critical Areas Ordinance, unless Critical Areas BMPs have been adopted allowing development on smaller parcels. 2. The proposed system requires any other waivers from on-site sewage system regulations. 3. The land under contiguous ownership on which the development is being proposed can accommodate an on-site sewage system without a land area waiver. • 4. Sewer service is available in a timely and reasonable manner. C. Standard Land Area Waiver Conditions. A standard waiver may be approved if the following circumstances have been met: 1. The ownership pattern of the land area on which the development is being proposed was established prior to the effective date of this policy, and; 2. The land area available for the proposed development can be justified by means of an analysis using unit volumes of sewage per unit land area, for example: Parcel Size = 9,800 square feet Public Water Soil Type = Type 3 Minimum land area per Table VII = 15,000 square feet 9,800 sq. ft. x 450 gpd/sewage unit=294 gpd volume 15,000 sq. ft/unit sewage volume The parcel could support a two-bedroom home with a waiver,or; • F\Documents and Settings\GT\My DocumentsUefferson County\changes051804\Policy Statements\Policy St. #97 - 021.doc • 3. Land area averaging when an off-site drainfield or well is proposed. The average land area of the sites encumbered by the onsite sewage system and/or well is equal to or greater than the minimum land areas specified in Table VII,for example: Adjacent building sites,0.5 and 3 acres Individual water supply Minimum land area per Table VII= 1 acre Off-site drainfield on adjacent 3-acre site 3 acres+0.5 acres = 1.75 acres average 2 1.75 acres> 1 acre form Table VII Waiver may be approved. or 4. The waiver is conditioned upon providing an advanced level of treatment prior to disposal and neither 2 nor 3 above are feasible. • A. A one-level step up in treatment allows approval of a waiver to 75%of the minimum land area requirement. B. A system providing treatment standard 1 performance prior to disposal allows approval of a waiver to 50% of the minimum land area requirement. D. Appeals to decisions regarding waiver applications may be made by filing a written request with the Jefferson County Board of Health within fifteen (15) days of the decision. IV. This policy shall remain in effect until amended or repealed by action of the Jefferson County Board of Health. September 18, 1997 Health Officer Date -' `�- August 26, 1997 Chairman,Board of Health Date • F:\Documents and Settings\GT\My Documents\Jefferson County\changes051804\Policy Statements\Policy St. #97- 021.doc Board of Health Public Sign-in sheet March 20, 2008 Do you want Subject of Name to offer public comment comment? P/c/e /4211- (5 7) G- irjSI 1n /V r. it Pcx4- vw+rl 'rA PQp c Cu—) N O Ale/ / clew lAci 10 1)`S f L 60),Gf e L) (4/1\iL vivo 5ciu 11)