HomeMy WebLinkAbout05 1103 16 - Health BoardAn Ordinance amending } Ordinance # 05-1103-16
Jefferson County On -Site Sewage Code 8.15 }
Ordinance Number 06-0517-12 }
WHEREAS, Jefferson County Board of Health has been granted specific powers and duties by
the legislature, including without limitation powers and duties under RCW 70.05 relating to the
enforcement of rules promulgated by the state board of health which include WAC 246-272A,
On-site Sewage Systems. RCW 70.05 further requires local Boards of Health to enact local rules
and regulations in order to preserve, promote and improve the public health and provide for
enforcement thereof; and
WHEREAS, WAC 246-272A, On-site Sewage Systems (OSS), required the Jefferson County
Health Officer to develop and implement an on-site sewage system operation and maintenance
program management plan to progressively develop and maintain an inventory of all known OSS
in operation, identify areas where OSS could pose an increase public health risk, identify
operation, maintenance and monitoring requirements commensurate with risks posed by OSS,
facilitate education of homeowners and remind them regarding their responsibilities, maintain
records of all operation and maintenance activities, and enforce OSS operation, maintenance,
monitoring and repair requirements; and
WHEREAS, to fulfill its responsibility to regulate on-site sewage treatment and disposal
systems, and consistent with RCW 70.05 and WAC 246-272A, Jefferson County has adopted
various provisions of the Jefferson County Code and Program Management Plans to assure that
on-site sewage treatment and disposal systems are operated, maintained and monitored to ensure
proper treatment and disposal of raw sewage. See JCC 8.15.150; and
WHEREAS, The Jefferson County Board of Health takes notice that improperly functioning
OSS constitute a threat to the public health and welfare of the people in the County and confirms
its intention to establish an equitable system of regulation of on-site sewage treatment and
disposal systems. The Board of Health further desires a program that reasonably allocates
charges to all OSS owners to implement the on-site sewage system operation and maintenance
program management plan. This amendment to JCC 8.15 ordinance is intended to resolve
inequities in the current fee collection system and enable the County to perform its function in
guarding the public health of the people who live in the County; and
WHEREAS, The County's management and oversight of on-site sewage treatment and disposal
systems is intended to result in an effective means of regulating sewage disposal and is necessary
to protect the public health, by promoting a comprehensive approach to sewage treatment and
disposal. All improved parcels of real property within the County that are served by OSS
contribute to the need for and create impacts on the County's on-site sewage operation and
maintenance program. The owners of those properties also benefit from the system and,
therefore, should share in a fair and equitable funding program. The proper cost-effective
management and regulation of sewage treatment and disposal will protect the County's land and
water, protect against disease, and promote public health.
WHEREAS, The Board of Health has been granted specific powers by the legislature including
without limitation RCW 70.05.190 relating to the collection of reasonable rates or charges in an
amount sufficient to pay for the actual costs of administration and operation of the on-site
sewage program management plan; and
WHEREAS, The Board of Health finds that the current method of cost collection related to the
administration and operation of the on-site sewage program management plan is inequitable and
has placed the burden on those individuals that are complying with the regulations and program;
and
WHEREAS, The Board of Health desires that all revenues collected in connection with the OSS
operation and maintenance charge be used solely for the purpose of implementing the on-site
sewage operation and maintenance program and local sewage management plan; and
WHEREAS, this Ordinance amendment serves to enable adoption of fees to implement the
requirements of the Local Sewage Management Plan and define what criteria apply to
implementation of the corresponding fee.
NOW, THEREFORE, BE IT ORDAINED BY THE JEFFERSON COUNTY BOARD OF
HEALTH as follows:
Section 1: Addition of a section to Jefferson County Code 8.15
New Section of Jefferson County Code (or "JCC"): 8.15.055 — Local Management Plan, shall
read in its entirety as follows:
(1) Management and oversight of on-site sewage treatment and disposal systems is intended
to result in an effective means of regulating sewage disposal and necessary to protect the
public health, by promoting a comprehensive approach to sewage treatment and disposal.
(2) A local Sewage Management Plan was adopted in July 2007 as required by WAC246-
272A. It includes elements to:
a. Identify all OSS in Jefferson County; and
b. Progressively develop and maintain an inventory of all known OSS in operation;
and
c. Facilitate education of homeowners regarding their responsibilities under
WAC246-272A and JCC 8.15 and provide operation and maintenance
information for all types of systems in use; and
d. Remind and encourage homeowners to complete the operation and maintenance
inspections required by WAC246-272A-0270 and JCC 8.15; and
e. Maintain records required; and
f. Enforce OSS owner permit application, operation, monitoring and maintenance
and failure repair requirements.
g. Identify unknown, undocumented or failing OSS.
(3) The fee will support implementation of the above items and provide support and
maintenance of a data base system for the records of septic system permitting,
installation, operation, maintenance and communication with the responsible parties.
(4) Each on-site wastewater disposal system shall be charged an annual fee as adopted in the
Environmental Health fee schedule to be collected via the property tax statement to
implement the requirements of the Jefferson County Sewage Management plan as
adopted and hereafter amended.
(5) The fee shall be adjusted annually per Ordinance 12-1209-96, Section 4 — Annual Fee
Indexing.
(6) Exemption from the annual fee. Properties that can demonstrate to the satisfaction of the
Health Officer that they are connected to an approved municipal sewer system permitted
by the Washington State Department of Ecology or provide documentation that a
structure or residential unit is not connected to a water supply and capable of discharging
wastewater can be exempted from the annual fee. Documentation shall be provided via:
a. Submission of a sewer bill for the residence or structure; or
b. Application on a form provided by Environmental Health and inspection by JCPH
to verify the stated conditions.
c. Information documenting an exemption shall be submitted between January 31
and March 1 of the year for which an exemption is requested.
d. This exemption shall not be used for partial reductions of the On-site Sewage
Operation and Maintenance Program Charge.
(7) On-site sewage systems to be assessed the fee shall be determined based on onsite
sewage system records.
(8) Jefferson County Public Health shall provide information to the JC Assessor on new OSS
and decommissioned OSS annually.
Section 2. Severability
If any provision of this Ordinance, or its application to any person or circumstances, is ruled,
held or deemed invalid by a court of competent jurisdiction, then the remainder of this
Ordinance, or the application of the remaining provisions to other persons or circumstances shall
not be affected.
Section 3. Effective Date
This amendment to JCC 8.15 shall take effect immediately upon its adoption.
APPROVED AND ADOPTED this qday of�()V-eO&EC , 2016
AN ORDINANCE ESTABLISHING A FEE OF LOCAL ON-SITE SEWAGE SYSTEM
MANAGEMENT, JEFFERSON COUNTY PUBLIC HEALTH, JEFFERSON COUNTY, WA
C�XC�.S�cI ��YIC
David Sullivan, Chair Catharine Robinson, Vice -Chair
Jil uhler, Member
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Kathleen Kier, Member
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John Austin, Member
Phil Johnson, Member
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Sheila Westerman, Member