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03 March
JEFFERSON COUNTY BOARD OF HEALTH MINUTES Thursday, March 16, 2000 Board Members: Dan Harpole, lVlember - Cmlll!} Commissioner District #1 Glen Huntingford, Member - Count/ CommÙJioner DÙtrict #2 Richard U7qjt, Member - County Commissioner District #3 GeoJfr~y Ala.!"d, Member - Port Town.rend Ci~y Coundl ]zll Buhler, Viæ-Chail7lJan - Hopital CommisJioner Dist17ct #2 Sheila We.rterman, Citizen at Lzr:ge (Ci£Y) Roberta Fri.r.rell, Chairman, Citizen at Lar:ge (Coun!}) Staff Members.' lean Baldwin, Nursing Service.!" Director LzT/] Fqy, EmJironmental Health Diredor Thoma.!" Locke, MD, Health O.flìær Chairman Frissell called the meeting to order at 1 :40 p.m.. All Board and staff members were present with the exception of Commissioners Wojt and Huntingford. There was a discussion of the meeting starting time. The regular meeting time for the Board of Health is 2:30 to 4:30 p.m. However, with the Joint Meeting with Jefferson General Hospital scheduled to begin at 4:00 p.m., the Board of Health meetings were rescheduled to 1:30 p.m. Jean Baldwin agreed to take responsibility for ensuring the correct meeting times are communicated. PUBLIC COMMENT - None OLD BUSINESS - None NEW BUSINESS Legislative Update. Year 2000 Session: Dr. Tom Locke reported the legislature is in special session and the house budget is uncertain. From the public health perspective, the Senate budget has achieved all the major funding objectives and included a bonus of a $1.4 million emergency fund which was requested last year. It is likely that legislation will be introduced and passed that will enact some aspects of 1-695 and probably the vehicle tab fee decrease. However, it appears there may be a reversal, prohibiting boards and legislative bodies from setting fees, which affect the Board of Health. Included in the summary of the bills passed this year was a watered down Patients Bill of Rights. One of the results is an expedited process for people appealing adverse decisions to managed care plans. A bill passed that attempted to address the problems in the individual insurance market, including small businesses. The legislature sided with the industry's position to repeal the remaining reforms enacted in 1993. Insurance plans can exclude coverage on pre-existing health problems for nine months now instead of three. Insurance companies are allowed to deny up to eight percent of applicants and shift them to the State's high risk pool. The most controversial part of the bill was that insurance companies were able to get their loss ratio set at 72%, which is down from roughly 88%. This means if insurance companies are paying out more than 72% of their premiums, they get to raise their fees and are guaranteed a 28% profit for administrative overhead costs plus profits made while holding the HEALTH BOARD MINUTES - March 16,2000 Page: 2 premiums. Insurance companies said they would not re-enter the rural markets unless they were assured of making money. If insurance companies again offer individual insurance policies in these areas, it is still not expected to fix the rural healthcare crisis. It is still the failure of the managed care model to work in rural areas. Larry Fay said three of the four bills being tracked by Environmental Health failed. The one bill that passed was an amendment extending the sunset on the Department of Ecology's authority to delegate well construction inspections to local health for another six years. The three that failed were the surface water quality bill, the solid waste bill which included criminalizing illegal dumping, and the onsite- sewage bill. Next year, the water quality bill is expected to return. Jean Baldwin reported that the County should soon know how much tobacco prevention money they will receive. Dr. Locke said the $1.4 million emergency fund was totally unexpected and no one has yet worked out what constitutes an emergency and how funds might be allocated. Commissioners Huntingford and Wojt joined the meeting. Needle/Syringe Exchange Pro2ram - Planning Update: Jean Baldwin noted that Jefferson and Clallam Counties are now working in partnership on the Syringe Exchange Program (SEP). She reviewed her presentation covering SEP project goals and services, infectious diseases: HIV and Hepatitis C, public concerns, cost benefit, Washington State support of SEPs, state and local data comparison, and Jefferson County data and plan. She noted that the Hepatitis C virus is raging in the needle population and is the least understood. With Hepatitis B being the most infectious and HIV the least, Hepatitis C ranks in between. Member Masci asked why not address Hepatitis B? Ms. Baldwin indicated that in addition to meeting with Law and Justice and treatment providers, letters will be sent to health care providers and there will be an article in the Healthcare Publication Newsletter. The remaining part of Phase I is public comment and a Board of Health resolution on policy direction. Milt Morris spoke in opposition to the planned needle exchange program and distributed copies of articles on other such programs. He has spoken with Dr. Locke, Jean Baldwin, and Sheriff Pete Piccini. He asked how many cases in Jefferson County are directly attributable to shared needles? The answer was none. He believes an SEP would put police officers in a difficult position; suspects stopped can say they are on their way to exchange their needles. Sheriff Piccini indicated it appears to be condoning the use of drugs. In some areas with SEP programs, the methadone epidemic raged even worse. He does not believe there would be a decrease but believes the County will find a bigger problem. What is the next step, free drugs? He referenced articles from the Reader's Digest, Center for Disease Control, public polls and the General Accounting Office on selling needles. US Health and Human Services Secretary, Donna Shalala has stated there is no proof that SEP's are effective in fighting drugs or AIDS. The risks outweigh the benefits. A 1997 public poll showed 62% oppose SEPs, 60% favor abstinence, drug intervention and rehabilitation programs. He indicated the costs for SEPs steadily increase at the taxpayers' expense. He proposed that money be spent on law enforcement, tougher penalties, and making people responsible for their actions and activities. If it comes to locking them up, then do so. He has spoken with roughly 100 Jefferson County residents and they are opposed to what is being proposed. HEALTH BOARD MINUTES - March 16,2000 Page: 3 Mark Gordon said he has been living with HIV for 15 years. While he is not a needle user, he has seen the affect when people do not have clean needles - they die. It is a moral issue. Can you sleep knowing that you could have saved someone from becoming infected with HIV? Commissioner Wojt said when you look at drug use in the United States, the two biggest killers are legalized drugs. More people die from smoking and alcohol than from other substances. Although, not an advocate of drug use, he recognizes that much of the associated crime is because they are illegal and expensive. Prison does not seem to be a practical solution. Member Masci cautioned the Board that this is a public health discussion, not a drug distribution discussion. When reviewing the material, he cautioned the Board to look at the way the data is presented. There are inferences that are not supported by data from the scientific perspective. You need people with experience in the drug culture. The people we are attempting to prevent from spreading incredibly infectious diseases amongst themselves are also going to infect their babies, families, or members of the community. If five people do not share their needles, then five will not spread the disease. It is not a police or social problem, it is a disease problem. Vice-Chairman Buhler feels the Board of Health's role is focused on more than just the Public Health issue and thinks the SEP will help identify and treat members of our community. Chairman Frissell suggested adding statistics about Hepatitis B & C to the presentation. She agrees this is a way to make contact and have a positive affect. Dr. Locke distributed a draft form of the resolution the Clallam County Board of Health passed. Member Westerman moved to table a decision on the resolution until the next Board of Health meeting. Member Masci seconded the motion which carried. Commissioner Huntingford abstained. The Board concurred that additional public comments will be taken during the next Board of Health meeting prior to the Board taking action. Dr. Locke said staff will provide additional analysis if needed. Appeal Hearim! - Rav and Liann Vines: Mr. Fay reviewed the recent documentation the Board received on this Appeal. Member Westerman stated that it is a complicated issue and she is sympathetic to Mr. Vines. His desire to develop his property as he wishes is completely understandable. She agrees that the installation of an on-site sewage system on Lot 2 is not likely to endanger public health. It was clear to her that the Hearing Examiner had ample justification, supported by local and state statutes, to determine that a use variance was in fact being requested by the appellant and to deny such a request. It is clear that a drain field is an accessory use to a permitted use and that these lots would need to be joined in that case. Once the lots are joined, the commercial use has expanded. She agrees with the findings of the Growth Management Hearing Board and the court to not allow commercial use on Lots 2 and 3. She believes the Board of Health must take other local and state regulations into account during the deliberations. HEALTH BOARD MINUTES - March 16,2000 Page: 4 Member Westerman sees several possible resolutions to this issue: 1. Mr. Vines may be satisfied that he can build a commercial structure on Lot 1 as originally applied. 2. Mr. Vines could file a rezone to amend the Comprehensive Plan to include Lot 2 in the commercial zone. 3. Mr. Vines could wait until sewer is available to the site at which time he could build the greater commercial density with no need for a supporting septic system. Following a review of the commercial business, "Circle and Square" and their zoning situation, Member Westerman said she does not believe the case should serve as a precedent, but signals an opportunity to correct a mistake. Member Westerman would like to see the ordinance amended to be more specific in designating septic drain fields as accessory uses to avoid future misunderstandings. Vice-Chairman Buhler believes that if this is policy and not regulation, the policy has been in favor of Mr. Vines. In her mind, there was precedence with the Circle and Square property. The septic system was placed on that property after it was zoned residential. The other two properties were zoned commercial where the septic systems were put on the commercial side and then were later zoned residential. That negates any argument that says this is anything against policy. She agrees with Member Westerman that the ordinance needs to be addressed, but believes Mr. Vines is well within his parameters to have this overturned. Commissioner Wojt said the Board needs to look at more testimony. The court ruled in favor of the area residents to uphold their covenant for the residential lots. There was a similar situation with property owned by Walter Moa. Mr. Moa owned both the commercial and residential properties. The only way he could do what he wanted with the property was to put the septic on residential land. When the County said "no," he went through the process of requesting a rezone. Because of the restriction on residential land, it was rezoned so that he could place his commercial septic there. Where there have been mistakes in the past and non-clarity with respect to Circle and Square it was certainly not done on a policy decision level. Commissioner Harpole supports the concerns of Member Westerman about this policy and making sure that it is very clear. The Board went through that deliberative process on the Moa decision. He believes that is one of the findings of fact and conclusions of law on the Comp Plan amendment -- the inability to install septic drain fields in general on residential property to support a commercial use. The County has been consistently clear on the issue of covenants in Melwood Terrace as Commissioner Wojt cited. Commissioner W ojt moved that the Board support the staff recommendation to deny the permit for Mr. Vines' on-site sewage system. Member Westerman seconded the motion which carried with a five to two vote. Pre-adoption Briefing On site Sewage Re2ulations: Larry Fay reviewed the changes resulting in Draft #4 of the regulation. He called attention to 8.15.080 (10) that pertains to the Vines' Appeal discussion today. It reads, "On-site sewage disposal permits shall comply with regulations and policies established HEALTH BOARD MINUTES - March 16, 2000 Page: 5 in the Jefferson County Comprehensive Plan, Jefferson County Zoning Code, Critical Areas Ordinance 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. " The intent is to recognize in the ordinance that we will adhere to other rules that may pose restrictions on development or placement of on-site sewage systems. Commissioner Harpole said one of the things that was not clear was whether a drain field is part of the septic system. Larry Fay said it does not really address or define a septic system as an accessory use. The problem he has is with the use definitions. Environmental Health runs into difficulties when delving into decisions that fundamentally come from the Planning Department such as, what are the approved, prohibited, and conditional uses. Staff did not feel it was their position to second guess the zoning interpretation. Their decision rested. Linda Atkins said if the Comprehensive Plan determined that accessory uses did not have to be located on commercial land, we would not be in conflict and have to amend our rule. Member Westerman said when someone applies for a septic permit, she would like to see the regulation information available to them at both the Health and Planning Departments. Mr. Fay said 99% of the permits are residential on residential land. The commercial applications are generally going to go through a zoning review and the application for a permit for a commercial use is the red flag. Commissioner Harpole said the links to the customers' septic rights and abilities need to be clear. Larry Fay agreed that to ensure consistency, we need to make sure that links to the different people regulating land development are in place. He does not want to define zoning issues in the Health Code. Chairman Frissell suggested giving the Planning Department the wording to make it clear. Member Westerman suggested the Board of County Commissioners amend the zoning code to define on-site sewage as an accessory use. Once that happens, then revise the 8.15.050 Definitions section under the On-Site Sewage System to refer to the specific Jefferson County Zoning Code. Larry Fay suggested a general statement, "an on-site sewage system is an accessory use to a building." Charles Saddler, County Administrator, asked why the septic permit is dependent upon zoning? They need no other permits to install the septic system. He asked if it is the responsibility of the agency to educate and inform the applicant about all of the responsibilities not just the health code, rules and regulations? Commissioner Harpole said there are competing elements in the zoning codes and in the newly adopted Comprehensive Plan that don't have final development regulations. We are operating in a culture of HEALTH BOARD MINUTES - March 16,2000 Page: 6 uncertainty regarding permitting. As a result, County elected officials and staff are now coming into a more proactive culture, clearly outlining the steps for the customer. Commissioner Harpole inquired about 8.15.060 (3). He asked how long systems and permits are vested? Commissioner Harpole moved to postpone the Pre-adoption Briefing On-Site Sewage Regulations to the April meeting. Member Westerman seconded the motion and it carried by a unanimous vote. Commissioner Huntingford asked how much does a regulation change really mean in terms of water quality? Member Masci recommended a regulation of limitation that indicates septic permits are good for ten years. If not built, the permit would lapse and a public hearing would have to be held. Commissioner Harpole agreed. .Joint Meetin2s with .Jefferson General Hospital: Chairman Frissell said what started out as a forum for the two Boards to talk with each other has turned into questions and a dialogue with the facilitator. Several Board of Health members agreed that the meeting process was not satisfactory and this message was forwarded to Vic Dirksen. The Board may be asked for direction on these meetings. APPROVAL OF MINUTES Corrections to the minutes were noted as follows: page 9, paragraph 13 "belt environment" should be "built environment." On Page 7, a paragraph should be added before paragraph 9 to read "Mr. Vines said no." Member Westerman asked for a clarification of the intention on Page 10, paragraph 7, the last sentence. Larry Fay said you could combine the lots by doing a boundary line adjustment, by replatting, or by recording a notice to title. Typically what happens is a notice to title. Mr. Fay said what was done was record a notice to title to the property for both lots that says, for the purpose of septic permitting, we are putting these two together and you will not be able to get any more permits. He said the lots are not physically connected. Commissioner Wojt moved to approve the minutes of the February 17,2000 meeting as corrected. Member Masci seconded the motion which carried by unanimous vote. ANNOUNCEMENTS Olvmpic Area A2encv on A2ing: As the Chair of this organization for Grays Harbor, Pacific, Clallam and Jefferson Counties, Commissioner Harpole announced they are pursuing, as a high priority, bulk prescription drug purchase. Prevention Forum: Commissioner Harpole reported the forum was highly successful. The National Association of County Officials Newsletter will include an article. He has requested an opportunity to present the results of the forum to the State Early Childhood Commission of which Mona Locke is the chair. HEALTH BOARD MINUTES - March 16,2000 Page: 7 AGENDA CALENDAR / ADJOURN May 4-5: Board of Health Leadership Conference April Pre-adoption Briefing - Onsite Sewage Regulations April or May: Mary Selecky Visit May: Review Draft Policies on Minimum Land Area and Building Additions and Remodels Mayor June: Food Safety Program Outreach and Education Efforts June: Pre-budgeting Intensive Program Review/Update July: Review Draft of the Solid Waste Ordinance August: State Board of Health Update Other items to schedule: Birth to Age 3 Funding, Solid Waste Regulations, and Review of Best Beginnings. Meeting adjourned at 3:45 p.m. The next meeting will be held on Thursday, April 20 at 1:30 p.m. Ai Glen Huntingfor' ber &Ole,~ ~~u3~JvtwP--.- JEFFERSON COUNTY BOARD OF HEALTH I¿j¡~i~ft~ Roberta Frissell, Chairman fl·1tC'rc IL l_ ;r!í Buhler, Vice-Chairma Sheila Westerman, Member Erin Lundgren BOee Office PO Box 1220 Port Townsend, WA 98368 JEFFERSON COUNTY BOARD OF HEALTH Thursday, March 16,2000 1:30 - 3:30 PM JCHHS Conference Room 4:00 - 5:00 PM Jefferson General Hospital Auditorium (Joint Meeting with Hospital District Board) I' '" 11""''\ \ í(·..J) ,¡ AGENDA l,rì)' if I. Approval of Minutes of Meeting of February 17,2000 /?f~1 Ii 1 _ 0/"",. <.. ~/(.¡l} II. Public Comments Rn .It,, "., -11?fì' ~ (' ì¡ '~, (j,F'{,;.. L/·ì'"' ;",OA.,,~. v! fIHi": I¡'!fì,!¡,~ - . ~ I f", .,!.. .\ Co¡, ,,"-'i,JAt11~'r< ,I, ~If:. /'JCt . I,,) III. Old Business 1. Follow-up Reports -- None Informational Items - NALBOH Newsletter -- Seattle Times Article IV. New Business 1. Needle/Syringe Exchange Program - Planning Update And Public Comment (45 min) Jean/Tom 2. Legislative Update (10 min) Tom 3. Appeal Hearing - Ray and Liann Vines (Continued from 2/17/00 Meeting) (15 min) Larry 4. Pre-adoption Briefing - Onsite Sewage Regulations( 45 min) Larry 5. Calendar Announcements - Local Board of Health Leadership Workshop, May 4-5, 2000 V. Joint Meeting with Jefferson General Hospital Board of Commissioners (60 min) VI. Adjourn Next Meetine: April 20, 2000 -.-----.-.-.----. County Health & Human Services --_.~~-~-- March 9, 2000 To: Jefferson County Board of Health From: Tom Locke, MD, MPH, Jefferson County Health Officer Subject: Board of Health Meeting - Thursday, March 16, 2000 The next meeting of the Board of Health will be held on: Thursday, March 16, 2000 1:30 - 3:30 PM JCHHS Conference Room (Regular Location) 4:00 - 5:00 PM Jefferson General Hospital Auditorium (Joint Meeting with Hospital District Board) Enclosed are a tentative agenda for this month's meeting, draft minutes of the last Board of Health meeting, agenda materials and the department's monthly media report. · Follow-up ReportslInformational Items: Attached are copies of the National Association of Local Boards of Health's (NALBOH) most recent newsletter. This is an organization that provides a policy and information forum for local boards of health. In addition, an article that appeared in the February 13, 2000 edition of the Seattle Times is enclosed. This article offers an interesting perspective on the current state of our health care "system". · Needle/Syringe Exchange Program - Planning Update and Public Comment: Needle/syringe exchange programs (SEP) are a proven public health strategy for reducing the spread of bloodbome infections. The Board has been briefed on this issue in the past and the current JCHHS HIV Intervention Plan calls for development of an SEP in Jefferson County. Enclosed with this mailing are copies of a slide presentation JCHHS has prepared for community groups outlining the public health case for SEP. Over the past several months, meetings have been held with law enforcement and criminal justice officials. There has not been an "official" opportunity for public comment on this issue, although citizens have been informed that there is an opportunity for public comment at the beginning of every Board of Health meeting. Today's meeting has been announced as an opportunity for public comment. Following today's discussion, we are asking the Board to consider a formal resolution authorizing development of a SEP in Jefferson County. · Legislative Update, Year 2000 Session: Thursday, March 9,2000 is the last day of the regular session of the Legislature. At the time this memo is being written, it appears highly unlikely that the House will be able to agree upon a final budget. Failure to adopt a budget will require the Legislature to go into special session. The adopted Senate budget contains several important public health measures. 90% of lost MVET funding has been restored to local health departments and the appropriation is a recurring one. $20 million has been appropriated for the first year of implementation of the Tobacco Control and Prevention Program. A $1.5 million fund has been established to deal with public health emergencies. The fate of these appropriations remains uncertain until fmal budget adoption. · Continuation of Vines Appeal Hearing: The appellants have submitted an additional written argument for the Board's review. Departmental recommendations are summarized in the "Agenda Item Information" memo prepared by the Environmental Health Director. Although the legal HEALTH DEPARTMENT 360/385-9400 ENVIRONMENTAL HEALTH 360/385-9444 DEVELOPMENTAL DISABILITIES 360/385-9400 ALCOHOL/DRUG ABUSE 360/385-9400 FAX 360/385-9401 arguments raised in this case have been complex, the underlying policy question is a basic one: Should onsite sewage permits be issued in a manner that is consistent with other lawful regulations, including zoning regulation? JCHHS has consistently taken the position that our environmental health permit decisions must adhere to all applicable laws. Mr. Vines' on-site septic permit was judged to be in violation of zoning restrictions and was accordingly denied. I recommend that the Board affirm this decision. . Draft # 4 - Onsite Sewage Regulations: Attached is the current draft of Jefferson County's proposed onsite sewage regulations. Stafffeel that two areas need further Board discussion, sections 060 and 160. This discussion will be held at the March meeting. Since this will be the first regulation adopted by the expanded Jefferson County Board of Health, a short discussion will also be held concerning how best to conduct the public process of adopting a Board regulation. . Joint Meeting of the Jefferson County Board of Health and Jefferson General Hospital Commission: A joint meeting with the Jefferson General Board of Hospital District Commissioners will be held from 4:00 PM to 5:00 PM. A draft agenda for this meeting is included in this packet. If you have any questions regarding the enclosed agenda, or any additions to the agenda, please call me at 385-9448. JEFFERSON COUNTY BOARD OF HEALTIi. MINUTES U~ t>R~f1 Thursday, February 17, 2000 . "4¡:-}" Board lvlemberJ": Dan Harpole, lvlember - COllll!} CommÙ.rioner DÙtnct #1 Gien Huntingford, Alember - Coun!)' CommÍJJ"ioner DÙtnct #2 Richard U/'qjt, Member - Coun!y Commissioner DÙtnct #3 Geojfrey l'vlaJ"ci, Member - Port TownJ"end Ci!), CoullLil Jill Buhler. ~ 'ice-Chairman - Hospital Commis¡ioner DÙtrict #2 Sheila U7e.rterman, Member (Ci!)') RtJberta Frisse¡l. Chairman. Citizen at LArge (County) Staff Members: Jean Baldwin, NltrJ"Ùtg Sen,im Director La17)! Fq)', Environmental Health Dim-tor Tho!J1a.f Locke, MD, Health Officer Chairman Frissell called the meeting to order at 1:37 p.m. in the auditorium of Jefferson General Hospital. All Board and staff members were present with the exception of Commissioner Harpole. APPROVAL OF MINUTES Commissioner Wojt moved to approve the minutes of the January 20, 2000 meeting. Member Masci seconded the motion which carried by unanimous vote. PUBLIC COMMENTS -- None OLD BUSINESS Svrin2e Exchan2e Pro2ram Update: See written report. Foodborne Illness Investi2ation: See written report. Dr. Tom Locke said attempts to get legislators to approve the creation of a state fund to cover outbreaks of foodbome illness and other public health emergencies have been unsuccessful. Food Safety Inspector Susan Porto is interested in looking at food handling in service clubs, but a higher priority is getting the message out to unregulated organizations. Immunization Exemption Update: See interim report. Draft Letter Re: Transit Cutbacks: Member Masci recommended the draft letter be withdrawn and instead be brought before the Joint Meeting of the Board and the Jefferson General Hospital Commission. HEALTH BOARD MINUTES - February 17.2000 Page: 2 NEW BUSINESS HIV Testim! and Counselin2 Plan: Jean Baldwin reviewed the information packet. explaining the current testing and counseling services component of the HIV Prevention Plan adopted by the Board a few months ago. Walk-in clinics have been replaced by phone screening. Those determined to be at risk continue to receive testing and counseling. Approximately 44 people a year who receive County mv testing and counseling are using needles. That number reflects a need to talk about needle exchange and shows the department is close with its testing and counseling approach. Dr. Locke reviewed the confidential and reporting procedures. Le2islative Update. Year 2000 Session: Dr. Locke said if there is a restoration of the public health funding lost through the MVET repeal ($85,000 for Jefferson County), it is likely to come from the Health Services Account that functions mainly to support the Basic Health Plan. Although there is heavy lobbying occurring, it is expected there will be a proposal to stretch the $26.4 million on the Tobacco Prevention and Control Plan funding over more years and decrease the effectiveness of the plan. Representative Parlet is threatening to hold all health bills hostage in her house committee until the Senate passes the Health Insurance Bill (SB 6067) as a long-term fix. Even if SB6067 is passed, there is skepticism that it will make a difference for rural areas. The Water Quality Monitoring Bill (HB2929) would require anyone doing surface water monitoring who discovers a violation of body contact standards to report the violation to the local health department. Notification of all the utilities customers, as well as a posting of the violation area, would follow. There are attempts to modify this bill. A2enda Plannin2 - Year 2000 Workplan: The Board agreed to the following draft calendar. Other items to schedule: Birth to Age 3 Funding, On-Site Sewage Regulations, Solid Waste Regulations, Needle Exchange Program, and Review of Best Beginnings. April or May: State Board of Health Director, Mary Selecky Visit Review Draft Policies on Minimum Land Area and Building AdditionslRemodels Food Safety Program Outreach and Education Efforts Pre-budgeting Intensive Program ReviewlUpdate Review Draft of the Solid Waste Ordinance State Board of Health Update May: Mayor June: June: July: August: Aµpeal Hearin2 - Rav and Liann Vines: Following introductions, Chairman Frissell clarified the issues before the Board as: 1) whether the Health Department was correct in denying the permit for Mr. Vines' on-site sewage system, and 2) if there is a precedent for on-site sewage systems serving commercial establishments being permitted on residential property? Larry Fay reviewed the list of materials that came to the Board of Health since the last meeting. Thirteen exhibits presented by Mr. Vines' Attorney Dennis Reynolds at the last meeting, Hearing Memorandum dated February 9 on behalf of the Board of Health, Affidavit of David Alvarez, Appellants' HEALTH BOARD MINUTES - February 17,2000 Page: 3 Supplemental Brief, Declaration of David Jensen, P.E., and Memorandum from Mr. Fay related to Exhibit 7 A, B, and C, and a copy of the zoning map at the time those applications were processed. Introduction of Issue: Mr. Reynolds, stated the issue is the denial of a septic system approval. The application was amended to serve an auto detail shop, but the application was for a larger septic system that would have sufficient capacity to serve not only the auto detail shop, but an addition to that building. This proposed commercial building would be located on Lot 1, which is zoned commercial. The Vines have not heard a reason for the denial other than there is a conflict in the zoning code. Planning Consultant Testimony: Rick Sepler provided background on the consulting experience of his firm Madrona Planning. Although they are not sanitarians, he said they have defined expertise in land use matters and often deal with location of sanitary drain fields serving under their perview. He is aware that an issue was raised regarding the previous variance for the Vines' site. His firm prepared the variance application in 1997 which was denied and dealt largely with setbacks. Although the project has changed and many of the reasons are still valid, they are not germane to the issue. Mr. Sepler referred to his letter and analysis dated January 12, 2000 as to whether the establishment of a drain field outside the area has an impact on the integrity of the residential zone. He does not believe the permit should be denied on a land use basis because a specific prohibition has not been identified. There is precedence of development that allows it to occur such as Circle and Square, Swan Market and Paradise Interiors. He has been unable to identify an impact and believes it would be no more intensive than a drain field that could be permitted for a single family home. He recommended that the County designate all of the existing drain fields in Jefferson County which serve in a critical zone and are located in residential as pre-existing, non-conforming uses. If the systems fail, the County would be faced with the challenge of whether they would be allowed to rebuild. Commissioner Wojt said the scale of the project they wish to build demands that they have that lot, it is not an issue of whether they can or cannot build. Mr. Sepler responded that most jurisdictions do not use septic provisions as a way to limit intensity of development. Typically, they would advise any of their jurisdictional clients to accept density at buildout and permit the buildout based on what zoning allows. If the County chooses to make a premise that one would use intensity of development as limited by what is available by sanitary, you are at risk of new technology which may allow more intensity. Mr. Reynolds referred to Larry Fay's memorandum dated February 9, 2000. He asked Mr. Sepler if he is familiar with the intent of 1998 zoning amendments to the Jefferson County Code and whether their intent was to accommodate all existing commercial uses in the Tri Area? Mr. Sepler said there were findings to that affect. Mr. Reynolds asked Mr. Sepler what the implication is, then, for the decision for this Board to make in terms of the land use issues? Mr. Sepler said the implication was that the drain fields were not commercial areas, otherwise they would have been included. HEALTH BOARD MINUTES· February 17~ 2000 Page: 4 Deputy Prosecuting Attorney David Alvarez asked whether the buildings proposed by Mr. Vines would require a commercial septic system as opposed to a residential septic system? Mr. Sepler said, depending on estimated use, they often use the equivalent residential units for commercial projects. There are others that would have greater impact. Typically, those are addressed at the time of development. Member Buhler asked whether the septic systems that Circle and Square and Swam Farms used were placed on residential lands? Mr. Sepler said he believes they were and certainly are now on residentially-zoned land. As to whether, at the time of permitting, it was zoned residential or commercial, he said Mr. Fay's memorandum specifies what he believes was the zoning at the time, with at least one being residentially zoned. The Board reviewed the zoning map adopted with the 1994 Interim Growth Strategies Ordinance. Mr. Fay said although the use tables varied, the maps did not change over time. Mr. Reynolds asked, since the Board specifically requested guidance and precedence, to admit Exhibit #14 -- the highlighted map adopted August 28, 1998. Member Westerman asked that the zoning boundary for Circle and Square, referred to in Larry Fay's memorandum dated February 9, 2000, be clarified. Larry Fay explained that the reason he stated the zoning boundary was uncertain was that he did not believe it had been surveyed. He did not have information from an actual survey. The zoning boundary splits the lot and it appears to be more or less equally split between residential and commercial zones. Mr. Scalf concurred with Mr. Fay. Member Westerman stated it is possible that part of the septic system is on the residential, but it is not known for certain. Mr. Reynolds said that in Exhibit 7 A, B, C, where there are denominations of the zoning which support their position, the septic is placed on residential for these projects. He asked Mr. Sepler to comment on split lots such as Circle and Square. Mr. Sepler commented that split lots are being practiced to avoid the erosion of the zoning district and to allow intensive use of the lot. The zoning demarcation does come down and for the purposes of zoning, we would consider the area that was assessed for commercial land to be inside that boundary. He is sure the build-out analysis did not include those areas outside of that boundary that were contiguous or undivided. Commissioner Wojt referred to the case of Walter Moa who was seeking an amendment because the project he wanted to do was not allowed because he had to deal with septic on an adjacent property that he also owned. The property was redesignated as commercial land in order for a system to be installed. HEALTH BOARD MINUTES - February 17.2000 Page: 5 Larry Fay said the system that is currently permitted for Lot 1 is a pressure distribution system. Member Masci asked whether the Swan Farms plot was more analogous to Mr. Vines' situation as opposed to Circle and Square, which straddles? Mr. Sepler said it could be, but there is some confusion in tracking the maps. Since there have been many changes in the zoning, they cannot answer with 100% confidence that at the time it was permitted that it was zoned commercial. It is their belief that it was, but there are inconsistencies. Mr. Reynolds asked Mr. Fay if the amended septic system, in terms of size or dimension, would normally serve approximately a four-bedroom residence? Mr. Fay responded that the application reflects a 1,500 gallon septic tank. If you were talking about residential, that it would be a large residence compared to a typical three-bedroom home with a 1,000 gallon tank. Although he cannot do a direct equivalency to a residential, he said it is conceivable that a home could have a 1,500 gallon tank with a drain field on that site. Testimony of Raymond Michael Vines: Mr. Reynolds asked Mr. Vines whether he is requesting Jefferson County for permission to consolidate Lots 1 and 2 of the platted Melwood Terrace for the purpose of enlarging the zoning for Lot 1; to approve an enlargement of the zoning district; or to amend the boundary for the current zoning for Lot 1? Mr. Vines responded no to all questions. The project envisioned to be served by the amended septic system is a small office building of an undetermined square footage. The proposed detail shop was approximately 1,600 square feet. If a second story were included it would be approximately 3,200 square feet. Mr. Reynolds asked why Mr. Vines is seeking to have the septic system placed in Lot 2 to serve the commercial building on Lot 1? Mr. Vines said the property is a triangle with extreme setbacks. When the County decided to down-zone the other two lots he owned, it created a setback of 25 feet from all directíons except the front which is 35 feet. An engineer informed Mr. Vines that he did not believe he could get an office building on it the way it existed without using some of Lot 2. He indicated he is not asking for permission to place an above-ground structure on Lot 2 and never has. Mr. Reynolds asked if Lot 2, as it is presently configured, is buildable? Mr. Vines responded it is unbuildable because it is under 12,500 square feet. Although you could normally obtain a variance to get a drain field on such a lot, it sits over an aquifer recharge area and no variance is available. Unless he can utilize Lot 2 for a septic system to serve Lot 1, he has no economic use of Lot 2 at all. Mr. Reynolds said it has been alleged that Mr. Vines is somehow trying to overturn the zoning on Lot 2. He asked Mr. Vines if Lot 2. was ever zoned commercial? HEALTH BOARD MINUTES - February 17.2000 Page: 6 Mr. Vines said it was zoned commercial for 20 years until the downzoning in 1994 along with Lot 3 at the request of Bill Breitweg. Mr. Reynolds asked Mr. Vines if he was directed by County officials to attempt to rescind the covenants, conditions and restrictions (CC&Rs) for the platted Melwood Terrace as a condition of the County reconsidering giving the zoning back? Mr. Vines said the County was at risk of being sued because the CC&Rs did not allow commercial development on Lots 2 and 3. Mr. Huth advised James Holland he had better downzone them or he could get sued. So he told Mr. Vines that it was obviously a commercial property and he had no problem with that, but he had to get the covenants rescinded before they would restore the zoning. Mr. Vines said he was not successful at rezoning the covenants. Mr. Reynolds asked Mr. Vines if he sought to either rezone Lot 2 or try to develop Lot 1 to its maxim urn? Mr. Vines said yes, just before he went into court to try to get the covenants rescinded, a proposal for the new zoning was released and they proposed downzoning Lot 1 as well. He believes that had a great bearing on his not getting out of the covenants. He felt he needed to do something immediately with the property or it was going to be downzoned. Rick Sepler recommended that he try to obtain a setback variance. Mr. Vines said he never asked for a use variance on Lot 2. Mr. Reynolds asked Mr. Vines whether, in 1998, he secured an interpretation from the Planning Department that Lot 2 could be used for a septic system to serve a commercial use located in Lot 1? Mr. Vines said yes and it was stated in a letter dated August 12, 1998. Mr. Reynolds asked if Mr. Vines had any face-to-face meetings with Mr. Scalf regarding this septic application? Mr. Vines responded that he has had several meetings with Mr. Scalf and it has never been explained or any provision of the zoning code provided that prohibits use of septic on Lot 2. Mr. Alvarez asked Mr. Vines if he has permission to build an auto-detailing shop with the septic system on Lot 1? Mr. Vines said no, then yes. Eighteen months after he applied for the permit, he demanded that Mr. Scalf provide the status of his permit. Mr. Scalf assured Mr. Vines if he got a water reservation and a bond that the permit would be approved. Mr. Alvarez asked Mr. Vines if he had done those things yet? Mr. Vines said he attempted to get a water reservation, but at a cost of approximately $3,000, he was reluctant to pay it given that it could have been two more years before he received his permit. Mr. Vines HEALTH BOARD MINUTES - February 17.2000 Page: 7 said he chose not to tie up $3,000 when he might need it for legal fees, Everything the County has told him thus far has turned out to be untrue, so he was not going to rely on Mr. Scalf's statement. Member Buhler asked about Mr. Vines plans to consider putting a residential structure on Lot 3 with a septic system on Lot 2? Mr. Vines said he never really wanted to do that because he would not be able to sell it in that location. It was the only way to structure a plan that would please the County. He said he consulted with an engineer about putting a house on Lot 3. The engineer report stated it was feasible to get a drain field on Lot 2 for the house on Lot 3 as well as getting a commercial office on Lot 1. Member Buhler asked Mr. Vines if that project is still on the table? Mr. Vines said he would be happy to do that this if it means getting something on his property. The detail shop would just require a drain field, but any additives, for storm water for washing cars, are not going to fit. Mr. Reynolds asked Mr. Vines if that is why he needs the septic system placed on Lot 2? Mr. Vines responded yes. Mr. Reynolds asked Mr. Vines if he has heard of any other building permit applicant in Jefferson County that has been asked to provide the name of their contractor and a bond to the County just to get a building permit? Chairman Frissell said she had to supply the name of her contractor and prove that he was bonded. Mr. Reynolds said he is trying to present his testimony. He said he wants to make it abundantly clear that there are many things the citizens in Jefferson County are told is the "law" which are not in fact supported by enactments in the zoning code. AI Scalf Testimony: Mr. Reynolds asked Jefferson County Planning Director Albert D. Scalf whether a septic system is an allowable use in a residential zone in Jefferson County? Mr. Scalf responded yes. Mr. Reynolds asked if Mr. Scalf is aware of any provision in the zoning code that explicitly prohibits use of underground septic on a residential lot to serve a commercial use on an adjacent or adjoining lot? Mr. Scalf responded no. Mr. Reynolds asked if Mr. Scalf recalls Exhibit 5, a letter of August 12, 1998 to Prosecuting Attorney David Skeen, signed by Mr. Scalf on behalf of Mr. Vines? Mr. Scalf said yes. HEALTH BOARD MINUTES - February 17,2000 Page: 8 Mr. Reynolds asked if it is Mr. Scalf's opinion at the time of that letter, that the zoning code would allow Mr. Vines to use Lot 2 for septic to serve a commercial use on Lot I? Mr. Scalf said no. Mr. Reynolds asked if, in the letter of August 12, 1998, the Planning Department agreed to an administrative waiver to allow a drain field to be established on Lot 2. of the plat to service a commercial structure? Mr. Scalf said yes. Mr. Reynolds asked Mr. Scalf if there is a published authority for the building department to require a copy of the license of the contractor and a surety bond in order to issue a building permit? And if yes, where is it published? Is it a rule or is it in the zoning code? Mr. Scalf said yes. He can only conjecture whether the provision is in the Uniform Building Code or the Jefferson County Building Code Provisions. Mr. Reynolds asked if it is his best understanding that it is a published requirement of law? Mr. Scalf said yes. Mr. Reynolds asked if a surety bond is run in favor of the County or to the public? Mr. Scalf said the public. Mr. Reynolds asked if there is anything more required of Mr. Vines other than the certificate of water availability to satisfy the building department? Mr. Scalf said the two items outstanding are the water approval and bond holder certificate. Mr. Reynolds said, in terms of water approval, his experience in statewide land use practice is that all that is required in Title 19, as well as in the Uniform Building Code, is a certificate of water availability. He asked if a certificate of water availability would be sufficient? Mr. Scalf said a commitment letter from the purveyor would be adequate. Mr. Alvarez asked Mr. Scalf to confirm that in the memo from Mr. Fay dated February 9, 2000 Circle and Square is a single parcel that happens to be divided by the zoning lines? Mr. Scalf said yes. Mr. Alvarez asked Mr. Scalf if, when the permit application for Paradise Interiors came in, that entire zone was commercial and if so, did that application come in while he was the Planning Director? HEALTH BOARD MINUTES· February 17.2000 Page: 9 Mr. Scalf said yes to both. Mr. Alvarez asked Mr. Scalf when the application for Swan Market came in, was that entire area owned by Swan Market and all of the lots commercial? Mr. Scalf responded yes. Mr. Alvarez asked if it is correct that since that time, there has been a tightening of the commercial boundaries along Rhody Drive? Mr. Scalf said yes. Mr. Alvarez asked if it is correct that tightening of the boundaries caused part of Paradise Interiors to be downsized so that it was outside the commercial zone? Mr. Scalf said that was Swan Market. He believes the Paradise Interiors' septic field is located towards Rhody Drive. Mr. Alvarez asked Mr. Scalf to confirm whether part of this downzoning was done along Rhody Drive because of the Comprehensive Plan? Mr. Scalf said yes. Mr. Reynolds asked Mr. Scalf if he recalls Mr. Sepler's testimony that the 1998 zoning amendments were made to accommodate all existing commercial uses in the Tri Area? Mr. Scalf said yes. Mr. Reynolds asked if the 1998 zoning amendments exclude drain fields or septic system. In other words, the County does not consider commercial drain fields to be commercial uses under the 1998 zoning code? Mr. Scalf said the 1998 zoning was referred to as the "belt environment." They looked at structures, they did not inventory commercial drain fields. Mr. Reynolds restated his question and asked Mr. Scalf for his understanding of the intent of the code in addressing the 1998 amendments. Mr. Reynolds said it is his understanding that the amendments exclude supporting drain fields or septic. So the County does not consider commercial drain fields to be commercial uses under the 1998 zoning code? Mr. Scalf said that he would say, in hindsight, that the buildings should be included and so should the drain fields. Mr. Reynolds asked if the 1998 zoning amendments, as they were enacted, exclude commercial drain fields as commercial uses? HEALTH BOARD MINUTES - February 17.2000 Page: 10 Mr. Scalf said no. Mr. Reynolds asked if the 1998 zoning code accommodates all existing commercial uses in the Tri Area, including the supporting drain fields and septic? Mr. Scalf said yes. Mr. Reynolds said they are not declared nonconforming uses? Mr. Scalf said yes. Larry Fay said the Board has had an opportunity to review all of the exhibits presented. He believes most of the discussion has centered around whether or not placement of a septic system, intended for commercial use, on residential land, is contrary to the County zoning code. Staff is working under the direction of the Planning Department in their decision. He is unsure whether it is up to staff to second guess whether the Planning Department is correct in interpreting their own codes. The question is should staff be applying the recommendations, comments or property constraints which are indicated by the Planning Department. He has not heard any discussion that says staff should ignore the zoning code. Mr. Fay directed the Board to David Alvarez's memorandum on the issue of compliance with zoning codes and land use regulations. As to the question of whether staff has ignored those considerations in the past, of the three examples presented as exhibits, he believes two were clearly contained within an area that was zoned for commercial use at the time the permit applications were submitted. The third one and the one that is a problem is the Circle and Square automotive shop and whether or not that one permit established a pattern of precedence. Mr. Fay said in relationship to Lot 2, he believes Mr. Vines said he would not be able to get a permit to build a home. He is uncertain about the basis for that idea because the County is considering a septic permit for the commercial structure on Lot 2. He is not sure if he would be constrained from doing a residential system on Lot 2 because he does not have all the factors. Mr. Fay said that given the land area policy adopted in 1997 and the site sizes in Melwood Terrace, Lots 1 and 2 would be combined for the purpose of septic permitting to meet the land area requirement and the sewage flows that they have proposed. The connection would not take place physically by a boundary line adjustment or replatting the lots. Commissioner Huntingford agreed that one of the maps in 1994 showed the two lots as commercial. Mr. Breitweg brought to the County's attention the fact that the CC&Rs did not allow those two lots to be zoned commercial. Mr. Vines admitted that he had tried unsuccessfully to get the CC&Rs changed. The question is whether we are going to allow the septic system to be placed on the other lot or not? Mr. Reynolds said he would be happy to give a report of written argument and try to answer the questions of Commissioner Huntingford or any other questions the Board may have to aid in their decision. Commissioner Wojt moved that the Board close the hearing with the exception of the additional information that Mr. Reynolds may be supplying. Member Masci seconded the motion for discussion. HEALTH BOARD MINUTES - February 17~ 2000 Page: 11 Member Westerman confirmed that at the next meeting thére will be deliberation but no further public testimony. The motion carried by unanimous vote. Mr. Reynolds said he has a concern with Commissioner Huntingford's comment of the zoning history and will deal with it through Mr. Alvarez in a short declaration. He does not feel the history is particularly key to the issue before the Board. AGENDA CALENDAR / ADJOURN March: DELIBERATION - RAY AND LIANN VINES Meeting adjourned at 3:40 p.m. The next meeting will be held on Thursday, March 16 at 2:30 p.m. JEFFERSON COUNTY BOARD OF HEALTH Roberta Frissell, Chairman Geoffry Masci, Member Jill Buhler, Vice-Chairman Richard Wojt, Member Glen Huntingford, Member Sheila Westerman, Member (Excused Absence) Dan Harpole, Member . The Seattle Times: War of words: A call for new direction for nation's health care Page 1 of7 'mJtS~ttltmimt$ ~~ .~~;~. . Editorial & Opinion Posted at 07:15 p.m. Pacific; Sunday, February 13, 2000 Opinions War of words: A call for new direction for nation's health care by Kathleen O'Connor Special to The Times Doctors are unionizing, surgeons are leaving Regence Blue Shield and now, you can pay extra money to Virginia Mason to buy time we all used to have with our doctors. Vice President AI Gore and Sen. Bill Bradley are duking it out on who has the best health-care plan, who they are going to cover, and what it costs. In Olympia, insurers, consumers, employers and elected officials are duking it out over individual insurance policies. This war of words is only going to get worse. Why? Because, simply put, we do not have a health-care system. We have armed camps. Here are six core facts that contribute to this divisive climate. Fact No.1: Health care is America's Balkans Health care oozes intrigue and shifting alliances. The adage "the enemy of my enemy is my mend" is probably the best way to understand "the system." Today, doctors and hospitals have a wary alliance against insurers and government programs that cut rates, but they compete for money on other rronts with equipment and servIces. Nearly everyone now is fingering the pharmaceutical industry for its profits and costs. But, hardly anyone is looking at whether or not drug costs reduce other costs, such as hospitalizations. Most insurers cannot do a cost benefit analysis because patients are either not in their system long enough to measure the impact or they cannot get access to the medical records in myriad physician offices. Or both. http://www.seattletimes.com/news/ editorial/html98/ oconn_ 20000213. html 2/16/00 The Seattle Times: War of words: A call for new direction for nation's health care Page 2 of7 Employers are relatively predictable wild cards. When the economy is good or the labor market tight, they heap benefits to get and keep employees. During recessions, they cry foul and blame insurers, doctors, hospitals and consumers for rising costs. The public-health system has specific goals and objectives to promote the health of communities, track epidemics, treat low-income clients (sometimes), and assure our food, restaurants and water are clean. Commercial health insurers and most employers virtually ignore the public health-care system. We have Medicaid for people with incomes below the poverty level. We have Medicare, for those over 65 or disabled, but it basically only covers hospital costs, some nursing home costs and some home health care. Private Medicare supplemental insurance covers what Medicare does not - doctor visits and sometimes prescription drugs and other costs. Congress decides what Medicare covers. Medicaid is shared by the states and the feds. Governments often think hospitals, doctors, pharmaceutical companies and insurers are unscrupulously greedy. Their key weapons are rate reductions and reams of regulations. We have community and neighborhood clinics that serve low- income patients who might not have public or private insurance. They are also largely ignored by insurers and employers. Insurers sell benefits to employers and individuals. Premiums are based on what actuaries tell them about the health patterns of certain groups of people, based on their age, gender and size of groups and sometimes, occupation. Like bookies setting odds, actuaries determine the risk - the odds of illness and diseases in these groups - and put a price on it. The smaller the group, usually the higher the cost. This is, in large part, what the fight boils down to over individual policies: who is in whose risk pool. Insurance premiums have not been covering costs, so rates are rising again. But, even platinum companies like Harvard Pilgrim Community Health are in financial receivership. And then, the big guns: self-insured employers who are essentially their own insurance companies. Accountable to virtually no one, they offer what they want in the way they want to offer it. Because they are not insurance companies, http://www.seattletimes.com/news/ editorial/html98/0conn _20000213 .html 2/16/00 · The Seattle Times: War of words: A call for new direction for nation's health care Page 3 of7 they do not have to pay state premium taxes the commercial insurers pay. They are also immune from any state legislation on what is in health benefits, such as mammograms, mental health or other so-called "mandated benefits." Half of all people with insurance through their employer work in these companies. Consumers? They fit in here somewhere, but now are like refugees simply trying to dodge the cross-fire. They are often vilified as the reason costs are so high, because they don't take care of themselves, use other people's money (employer's) to pay for services and expect doctors to take every last ditch, heroic measure. Because we do not have a system of care, no incentives exist to work together. When one group gets money, others don't. Each group is pitted against each other for its own economic survival. Fact No.2: A shoddy return on a big investment We pay more for health care than any other country. In return, we have lower life expectancy for men and women, higher maternal and infant death rates and lower rates of childhood immunization than Japan, Germany, Britain, Italy, Canada or France. We remain the only nation in the economic Group of Seven that does not cover all its residents. We spend more than $1 trillion per year for health care, or nearly 14 percent of our gross domestic product. Fact No.3: Health care is not undergoing rapid changes The only real major changes have been technological, scientific, medical and pharmaceuticallbiomedical. In 1932, the Committee on the Cost of Medical Care said U.S. health- care costs were so high because we had too many infectious diseases, too many medical specialists, a disease-oriented system of care vs. prevention and lacked a community- focused health system - all this before wonder drugs and antibiotics, which offered the first cures for diseases. Now, we have infectious diseases resistant to those drugs, nearly 80 percent of our doctors are specialists and we still do not have a community-focused health system. We really still have a disease-based system parading in a "prevention" mask. Our "managed care" and "prevention" programs are basically only early diagnosis and screening. If http://www.seattletimes.com/news/editorial/htmI98/ oconn _20000213 .html 2/16/00 The Seattle Times: War of words: A call for new direction for nation's health care Page 4 of7 prevention is done, it is largely through some hospitals, community clinics and the public-health system. Most insurers shun prevention programs because they are costly and long term. The average consumer is in a health plan about three years. Insurers fear other insurers will reap the benefit of their up- front tinancial investment. They also fear promoting prevention programs for diabetes or asthma. If too many people sign up, it will increase their costs and their premiums, making them less competitive. The changes we see are payment fads. These fads drive up our costs because we keep changing courses and adding rules and regulations. Fact No.4: Rates, regulation and body parts Because no vision exists for what a system should do, we substitute cost control for policy directions. Because our public and private health insurance stem ITom a disease/fix-it model, we resort to legislation to get coverage for prevention or early diagnosis programs. Groups lobby for mammograms, prostate screenings, alcoholism or mental- health programs, or lobby against "drive-by deliveries." This body-part approach only serves to pit employers and insurers against consumers and providers and breeds further entrenchment, animosity and distrust. It also diverts attention from what could be done to serve employer, patient, insurer and provider or how to inject responsibility and accountability into a system of care. Fact No.5: We use health benefits as wages Weare the only country that uses health benefits as employee compensation. During wage/price freezes after World War II and during the 1970s, employers gave health benefits when they could not give raises. Like giving employees tickets to a ball game - the employees may not have wanted to go, much less buy tickets - but now that they have them, they will use them. The message in this approach is: use it. Greater use means greater costs. Others nations in the Group of Seven believe it is to their benefit to have a healthy, productive work force and society. Modern health insurance started in Germany before World War I so German companies would have healthy, and therefore, more productive workers. http://www.seattletimes.com/news/editorial/htmI98/oconn _20000213 .html 2/16/00 , The Seattle Times: War of words: A call for new direction for nation's health care Page 5 of? We nearly adopted that model, but war erupted. Fact No.6: Health policy - sound bites not vision Any discussion about change rapidly arouses the two most visceral ideological camps: single payer vs. medical savings accounts. Any attempt at change, no matter how incremental, is lost in the noise of these two extremes. Because the spaces between these two camps are littered with special interests - consumer groups, employers, insurers, pharmaceutical manufacturers, hospitals and doctors - no easy way exists to make substantive change. Addressing one group's solution only serves to alienate one or more of the others. To keep them at bay, and get elected, candidates are often reduced to sound bites they think their voting and donating constituencies will understand. Seniors vote more than other groups and are well-organized, so we hear much about Medicare. Medicare does not cover prescription drugs, so most candidates will now try to despair of pharmaceutical and insurance costs, without being so extreme as to alienate those affections and cash contributions. Fifteen years ago, candidates flogged "money-grubbing hospitals," next came "wealthy, overcharging doctors." Villains simply change with the times. We have a crisis in terms of availability, cost and quality of nursing-home care for our elderly, but it is not as glamorous as rising drug costs or as prone to sound bites. We debate solutions, arguing whose approach is right or wrong. Sound bites, like stereotypes, contain a modicum of truth, but are barriers to a rational public discussion of what we should expect from a system, how we can organize it and how best to pay for it. 'Ve need to talk We need to start from scratch. We are doing the wrong thing. We have been trying to Rube Goldberg something that is impossible to fix. You can't fix something if you don't know what it is supposed to do. Just as wars are too important to be left to generals, health care is too important to be left to the industry or government. http://www.seattletimes.com/news/editorial/htrn198/oconn _20000213 .html 2/16/00 The Seattle Times: War of words: A call for new direction tor nation's health care Page 6 of7 We need people to decide what a health-care system should do for us and our families and to determine the results we want in our cities, our states and our nation. We have never done this - as a community, a state or a nation. We need new words, new ideas and new directions. Right now, we are stuck tinkering with dead languages. Tinkering hasn't worked. It will not work. All politics is local and all health care is local. Workable solutions must come trom where we live and work. How things work in Omak and Yakima differ profoundly trom how things work in Seattle or Spokane. We need to share our ideas with each other in our places of worship, workplaces, reading groups, or civic clubs and organizations. We need to hold citizen forums. If we take off our official hats and ditch our official language, we will find more in common than we imagined - for ourselves, our partners, our children, our parents, our loved ones. We don't need any more task forces that only ask us to respond to another set of tinkers. We need to talk about what health means to our families, our communities, how to get it and then be invested in those changes. Money must come last. Only after we have decided on what we want can we design ways to pay for it. We have all the pieces. We should pay for it as we do now: employer, consumer, insurer and government. France, Germany and Japan do this. Like us, they have private insurance, public insurance and self-insurance, public-health and community clinics and private hospitals and doctors. They are organized, not socialized. We'll need a plan to get trom here to there. Businesses create strategic plans to reach their goals, but only after they have a vision and mission. Radical? Certainly. But, so is the Internet. Will this work? Nothing else has - not rate-cutting, not Medicaid, not Medicare, not the marketplace, not the fad of managed care, not even a Patient's Bill of Rights. But, without a system defined by communities, we will remain Balkanized and be held hostage to intractable groups and the latest cost-control fad. So, let's start talking. Now. http://www.seattletimes.comlnews/editorial/htmI98/oconn _20000213 .html 2/16/00 The Seattle Times: War of words: A call for new direction for nation's health care Page 70f7 Kathleen O'Connor is a Seattle health-care industry analyst, consultant and writer with more than 20 years' experience with many sectors of the health-care industry. Copyright © 2000 The Seattle Times Company "....-.....- [ seattletimes.com home] [ Classified Adsl Yellow PaQesl Contact Us I Search Archives] Copyright © 2000 The Seattle Times Company o Bad to Top http://www.seattletimes.com/news/ editoriallhtml98/ oconn _20000213.html 2/16/00 Press Release: Tobacco-Free Olympic Peninsula - Get Involved Page 1 of 3 February 16, 2000 The Leader For Immediate Release Tobacco-Free Olympic Peninsula - Get Involved WANTED: Youth Art!!! If you are a school-aged youth, have ideas about a Tobacco-Free Olympic Peninsula, and can express your ideas through art, the Jefferson County Substance Abuse Prevention Program needs you!!! We are looking for youth art which includes a tobacco free message and one tobacco fact. Youth art can be three colors maximum and no larger than 11 'x 17". Selected entries will be incorporated into the Tobacco-Free Olympic Peninsula campaign and will be drawn from three age categories, Elementary (grades preschool - 5), Middle School (grades 6 - 8) and High School (grades 9 - 12). Youth whose art is selected will receive a certificate for $25.00 in art supplies from an East Jefferson County merchant of their choice. Youth art submission must be received by Friday, March 31,2000 at the Health Department. To submit entries, stop by the Health Department at 615 Sheridan in Port Townsend (next to QFC) and pick up an entry form. Completed entry forms must include signatures of the artist and parent or guardian. For additional information contact: Kellie Ragan, 360-385-9446, Jefferson County Substance Abuse Prevention Program, 615 Sheridan Port Townsend, WA 98368. To find tobacco facts on the world wide web, check out these sites: · Washington DOC's website - www.kickbutt.org · The Story of Big Tobacco - www.thetruth.com · National Center for Tobacco-Free Kids - http://tobaccofreekids.org · American Heart Association - http://www.americanheart.org Press Release: Tobacco-Free Olympic Peninsula - Get Involved Page 2 of 3 · American Lung Association - http://www.lungusa.org · Former Surgeon General Koop's website - http://www.drkoop.com · Lots of Tobacco related sites - http://www.doh.wa.gov/Tobacco/related.htm Or incorporate any of the following facts about tobacco: · Smokers have upper respiratory diseases like colds, flu, sinus infections, bronchitis and pneumonia more often than nonsmokers. · Kids who breathe second-hand smoke are more likely to have: coughs & colds, ear infections, bronchitis and pneumonia, breathing problems & asthma, allergies, lung cancer and heart disease later in life. · Women who smoke during pregnancy are more likely to have low birth weight babies, miscarriages and premature births. · More people die from smoking-related illnesses than AIDS, alcohol, accidents, drugs, murder and suicide combined. · Smokers get sick more than nonsmokers. · Real smokers never look like people in the ads. · Every 13 seconds someone dies from a tobacco related illness. · Tar in cigarettes is sticky brown stuff that stains your teeth and clogs your lungs. Some additional Health Risks of Using Tobacco: emphysema, asthma attacks, heart disease, chronic halitosis (bad breath), stroke, increased risk of fire, injury, automobile accidents, bladder cancer, lung cancer, gangrene and limb loss in diabetics, tooth stains, tooth loss and gum disease, mouth and throat cancers, pancreatic cancer, and prostate cancer (men). Press Release: Tobacco-Free Olympic Peninsula - Get Involved Page 3 of 3 The Tobacco-Free Olympic Peninsula - Get Involved Campaign is made possible through a Smokeless States grant from Washington DOC (Doctors Oughta Care) and involves Olympic Peninsula partners - Jefferson County Substance Abuse Prevention Program, Clallam County Department of Health and Human Services, and the Tobacco Free Clallam County Coalition. Press Release: In Memory of Those Whose Lives Tobacco has Destroyed... Page 1 of 1 February 16, 2000 The Leader For Immediate Release In Memory of Those Whose Lives Tobacco has Destroyed.... To increase awareness of the enormous toll tobacco is having in our own communities, the Jefferson County Substance Abuse Prevention Program wishes to create a memorial to honor those whose lives tobacco has destroyed. If you would like to share a photo and brief story (which may be edited for length) of someone you care about who has suffered or is suffering from a tobacco related illness (including yourself), please send us the following: A photo of the individual you are writing about. (We regret we will be unable to return photos.) A brief story and/or comments you'd like to share. Photos and stories will be used as memorials that will be publicly displayed in a variety of ways for tobacco prevention and educational purposes. In addition, we are interested in forming a speakers' bureau composed of community individuals whose lives and/or health have been affected by tobacco use. If you would like to become involved with this, we want to hear from you. Send your stories to Kellie Ragan, Jefferson County Substance Abuse Prevention Program, 615 Sheridan, Port Townsend, WA 98368. Please call 360-385-9446 with any questions. The Tobacco Memorial is made possible through a Smokeless States grant from Washington DOC (Doctors Oughta Care) and involves Olympic Peninsula partners- Jefferson County Substance Abuse Prevention Program, Clallam County Department of Health and Human Services, and the Tobacco Free Clallam County Coalition. Jefferson County Health & Human Services .....'...J.....¡f ":::':i0"':'~~ Peninsula Syringe Exchang~Pro Jefferson County Health & Human Services SEP Services · Exchange of used syringes for clean syringes · Provide universal precaution infonnation · Provide substance abuse treatment outreach and referrals .~. P~ô.Yide linkages to HIV counseling and :.,.~sting, primary health care, and other >i¡.ir' "øurces ;,:.:., " ;. P~nansull Synnlc E:o:\:han¡c /'rot:mn "\';~ , , ;.~~ì;.. ' Infectious Diseases':' . HCV (Hepatitis C Virus) - 60% HCV transmission due to injection drug use. 5oIo.no ax:-'-'¡d.,... ,.,Qt...., - Infection acquired rapidly after beginning Injection drug use ("",-, "., NlH ConMnou. ",",-t) .:.'::.50-80% become HCV+ within 6-12 months )"'~ '90' NtH Con_.... '...oment) Pnnu.Wa Synrllll E.1.çhan¡c rrocrvn Peninsula Syringe Exchange SEP Project Goals' ~ · Reduce public exposure to Infectious diseases · Increase public safety · Increase direct contact with Injection Drug Users (IDU's) .. ~crease occupational hazards PnIUWa SyrincC E1c:åMcc Pmsnm ~ . S'::," ~.' ,; 1 Infectious Disease . HIV - 36% of HIV infections were directly or indirectly related to injection drug use (~: CDC stebltlca-MM"NR 45. No. 19· ~17I9S) - 253,000 diagnosed AIDS cases-1993 . 29% Injection Drug Users . ~ ~% People with heterosexual contact wllDU's ''I. Children born to IDU's & Sex partners (Sour!»: eoc HIVIAlOS &.v-iII.-.c:e RIIpOrt. J.".".-y 1993) PenínauJaSynnlc ~c Prosram Public Concerns . SEP's promote drug use - Six government reports concur that access to sterile syringes does not increase drug use. - No reports contradict this finding (Sou-.:.: ~m"oI~"M.diclllAuca.tiDn.1!J!M:271:tl!25-lð25;~ Journal otP\bk H...ilh. t994;ð4:1991.1~) PcniNowa Synqll EJ.clIanac Proc.-.rn 1 j'efferson County Health & Human Services Public Concerns . Send the "wrong message" about drug use - SEP's are infectious disease (HIV, HCV) prevention - SEP's reach IOU populations with long histories of injectlon drug use - SEP clients have more exposure to drug abuse treatment than IOU's not using SEP's .~..~:~œ: ;oum" oIAINnça'I ~A..oa8lion, TMPubIic......., tmpcol .':~:".'~::..' ...·'7 NMcM~Progr*M"'IheI..Jrwt.øSt"'and~) ::;t.:......~ . ·:~t '" . ~S~C~IPTot:..... In Washington Staié', . State Board of Health supports implementation of SEP's in every county - decrease HIV infection rates among IOU's - SEP's act as gateways to substance abuse treatment. , -, EXchange sites are leading source of drug :;;(;:;treatment referral in Washington State ,,2\NS:.sÈP's reduce HiV transmission rates without .".,,.>.('~,t'..;-. ;O;¡;:;¡"~lilcreasing drug use ";.~..-,~.,ìt~~ PcntMlÜaSyru'lC EAchanc' Pqram ?y' " ," ~h: SEP in Washingtoñ Whatcom, Cowlitz, Island, Skagit, Snohomis h, Tacoma/Pierce, Seattle/King, Spokane, Walla Walla, Thurston, & Yakima Pe1W\MÛa 5yn... ~o:I\a.rIlC i'roc¡am Peninsula Syringe Exchange Cost Benefit · Lifetime cost of care for One person living with HIV - $154,000 · Averted HIV infection cost ::.$9,400 ~);;~. Pc~ SYfU.' E.ldlMcl Pmsram · Seattle has a 2-4% HIV infection rate · New York & Miami 40-60% seroconversion · Seattle rate correlated to SEP implementation early in epidemic. Pt:'IIl.w. Synnc. E.I~c Pnlcram "co;. State and Local Dâ~ - HIV Exposure Categories (1993-1997) · Female and Heterosexual Male IOU & · MSM-IDU · Heterosexual Contact -.AIDS Cases among adults and . :'adolescents 37% - Region VI (9 Coastal Countles) 27% - Washington State : DOHA..._ment 1"' E.pkMrnlologk::.. Report) Pcnm.u1a. SyTin¡1 Exchanle Proc.rvn 2 Jefferson County Health & Human Services . HIV Counseling and Testing - Clients reported a history of injection drug use ·199813"1. of clients . 1997 17% of clients ,..,~,,; 199611"1. of clients .,..:J ;:~~,...~;:::ì p____ SYftIICII EAdIMc. Prot.I'Vft SEP Plan (cont.) . Phase II (February - July, 2000) - SEP site location - Program planning (staff, budget, protocols) - (>,utreach to target populations ....." .P.hàse III (July, 2000- ongoing) .>, gin syringe exchange PCQinsWa SYJinlC~' "",,ram Peninsula Syringe Exchange SEP Plan-,· !.1- ~ -"~ . . Phase I (February - April, 2000) · Engage Stakeholders · Law & Justice · Treatment providers · Health care providers Governance Action · Public Comment · Board of Health Resolution ....... s,.... EuM.c. Proc- 3 JEFFERSON COUNTY BOARD OF HEALTH Agenda Item Information/Description ... Regular Business FOR MONTH OF: March, 2000 1. Description -- a brief description of the agenda item: Please include project, road, contract, grant, etc. number if one is available for the Commissioner Index. Continuation of the appeal filed by Ray and Liann Vines. The Vines have appealed the staff decision to deny their application for a redesign of SEP98-0007. Written and oral testimony was provided by both the Vines, through their attorney, and the county at the Board of Health meetings of January and February. The Board closed testimony in February. The Board must now make a decision regarding the appeal. 2. Issue -- a short outline of the issue: including policy issue falls within; strategy or objective issue supports; key reference areas (Iaw/policy/regulation): The Vines have applied for a redesign of SEP98-0007. SEP98-0007 was issued by environmental health for a commercial project located on lot 1 of Melwood Terrace. Subsequently, the Vines submitted a redesign of the onsite sewage system that increases the capacity of the onsite system and places the drain-field and reserve area on lot 2. Staff has been advised by the Department of Community Development that the placement of the commercial drain-field on the residential lot (lot 2) is contrary to County zoning requirements and is not allowed. Consequently, the redesign was denied. The Vines continue to have a valid onsite sewage system permit that places the entire system on lot 1. 3. Opportunity Analysis --What is the type of action Board is being asked to take: Discussion/decision--if decision--what is the range of possible solutions considered by the department in preparing its recommendation. The Board may either deny or uphold the appeal. Either way a decision must be supported by findings of fact. 4. Specific Departmental Recommendation -- why was the action recommended and what would be the impact of not taking the action: What specific action is necessary by the BOCC approval - adoption - deny - remand back to department. The department recommendation is to deny the appeal. Staff has demonstrated that consideration of zoning restrictions and regulations is appropriate in the decision of whether to approve or place conditions on permits issued by the Health Department. Further staff has demonstrated that the examples of apparent cases where zoning restrictions were not considered actually demonstrate compliance when considered in the context of the rules in place at the time the permits were issued. The appellant has failed to demonstrate that zoning should not be considered and has failed to demonstrate that the health department has not applied this standard consistently in the past Williams..Kastner&Gibbs PLLC LAW FIRM Dennis D. Reynolds Attorney at Law (206) 233-2924 dreynold@wkg.com Two Union Square 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 P.O. Box 21926 Seattle, Washington 98111-3926 Telephone (206) 628-6600 FAX (206) 628-6611 March 1, 2000 89670.103 Mr. Larry Faye Environmental Health Director Jefferson County Department of Health 615 Sheridan Street Port Townsend, Washington 98368 RECEIVED MAR 0 2 2000 JEff. COlìl"4 ( HEALTH DEPT. Re: Vines Appeal of Sewer Denial Dear Larry: Please find an original and seven copies of applicant Ray Vines' Written Argument. Please distribute the copies to Board of Health members. We have this day served Mr. Alvarez with a copy. Very truly yours, WILLIAMS, KASTNER & GIBBS PLLC ~ _ ) ~Yuih-- Dennis D. Reynolds DDR:klh Enclosures cc: David Alvarez (w/encl.) Raymond Vines (w/encl.) 1067615.1 Seattle Tacoma 1 2 3 4 5 6 RECEIVED MAR 0 2 2000 JEfF. COUNTY HEALTH DEPT. BEFORE THE JEFFERSON COUNTY BOARD OF HEALTH 7 In re the matter of: RA YMOND and LIANN VINES, NO. SEP98-0007 APPELLANTS' WRITTEN ARGUMENT 8 9 10 11 What is the before the Board of Health for its review is denial of an amended application for 12 septic system approval. The original application which was approved was a 100 foot drainfÏeld intended 13 to serve an auto detail shop only. The system approval is for a drainfield on lot I of the plat ofMelwood 14 Terrace totally within this lot. The amended application denied by the Board of Health is 360 gpd, with 15 a 1,000 gallon tank, and 150' active drainfield and 150' passive reserve with a three (3) foot trench. The 16 amended application would site the system totally on lot 2 of the plat. 17 The amended application is for a septic system of sufficient capacity to serve the auto detail shop 18 if it is expanded, e.g. by adding a second or third story to the shop building or, alternatively, a 19 professional office building in lieu of the auto detail shop. Full build-out of the project would result in a 20 commercial structure of about 3,000 square feet. 21 The proposed system is a conventional system, in the sense that it would be totally placed 22 underground. See Applicant's Exhibit 10. The system is that associated with serving a single family 23 residence with four bedrooms. 24 Mr. Vines wishes to place sewer in Lot 2 for a reasonable purpose: it would provide more usable 25 space for Lot 1. Lot 1 is a very odd, triangular shaped lot. It is a small lot. If septic is placed totally on APPELLANTS' WRITTEN ARGUMENT - 1 CC(Q)~¥ Williams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 9811 1-3926 (206) 628-6600 1067407.1 1 Lot 1, Mr. Vines cannot use that space for parking. This effectively means that his use of Lot 1 is 2 significantly reduced from its potential. 3 There is nothing wrong with a property owner wanting to maximize the full extent of 4 development on a commercially zoned parcel. The right to develop land is a fundamental constitutional 5 right, and its exercise encouraged in Washington State. 6 Mr. Vines' desires are prompted in part by development limitations on Lot 2. Lot 2 is a 7 substandard lot, comprising only 10,000 square feet. A variance cannot be secured to place a house on 8 Lot 2 because it overlays an aquifer recharge area. Variances in critical areas are not available. 9 Therefore, the only economic use of Lot 2 is for septic to serve Lot 1. In this regard, the rules of the 10 State Department of Health for on-site septic systems, WAC 246-272-20501, Table VII, establish 11 minimum land area requirements for a single family residence served by septic. Jefferson County has 12 acted to adopt a policy implementing the requirements of the state regulation. Please see Policy 13 Statement 97-02, approved by the Board of Health on August 26, 1997. (Copy attached.) 14 State regulations adopt a minimum lot size of 12,500. Waivers are allowed pursuant to local 15 regulation. Policy No. 97-02, Section C, establishes conditions for waiver. However, Subsection B 16 prohibits waivers if certain conditions are present. Included as conditions which prohibit a lot size 17 variance is if the proposed project is within a "vulnerable aquifer recharge area", or is within a "special 18 aquifer protection area and susceptible aquifer recharge area" as identified in the Jefferson County 19 Interim Critical Areas Ordinance. This limitation, unfortunately, applies to lot 2 owned by Mr. Vines. 20 That lot as noted is both substandard plus it overlays an aquifer recharge area. Therefore, a single 21 family residence with a septic system cannot be sited on the lot. It is not certain that staff really 22 contended otherwise at the hearing, but if it was Mr. Faye's position that lot 2 could be approved for a 23 single family r~sidence with septic, he is wrong. This circumstance justifies Mr. Vines' development 24 strategy of attempting to place septic totally on lot 2, so there is at least some economic return on his 25 APPELLANTS' WRITTEN ARGUMENT - 2 Williams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600 1067407.1 1 ownership. By doing so, as noted, a larger, more economically productive structure can be placed on 2 lot 1. 3 The Board of Health at the February 17,2000 hearing, articulated that there were two questions 4 to be answered: (1) Was the health officer correct in denying the application because it offended the 5 Zoning Code? (2) Is there precedent to utilize residentially zoned land to serve a commercial use 6 located on adjacent property which is zoned commercial? 7 Mr. Vines submits that the answer to the first question is "no," the health officer is not correct in 8 concluding that Mr. Vines' proposal was prohibited by the Zoning Code. The answer to the second 9 question is that "yes," there is precedent established to do exactly what Mr. Vines proposes. 10 An answer to the first question solely involves interpretation of the Zoning Code, as there is no 11 public health or safety reason which dictates denial of Mr. Vines' request. The proposed septic system 12 meets all applicable health standards. See Applicant Exhibit 14, Testimony of David Jensen. 13 Mr. Vines, at some expense to himself, retained competent legal guidance on the zoning issue. 14 Mr. Vines submitted a Supplemental Memorandum dated February 7, 2000. Pages 1 - 2 of that 15 document provide to the Board of Health the rules for interpretation and administration of a zoning 16 code. 17 Simply put, zoning ordinances will not be extended to matters not clearly within their scope. 18 Further, in the absence of a restriction in the zoning ordinance, a property owner can utilize his own 19 property without restriction. 20 The Department does not suggest any other rules of construction of the Jefferson County Zoning 21 Code other than those submitted by Mr. Vines, which is accepted law. The Department does not even 22 suggest that the Zoning Code prohibits use of lot 2 for septic. 23 Neither in the testimony submitted by the Board of Health, nor in the written memorandum 24 submitted by Mr. Alvarez on behalf of the Health Department, is there pointed out any section of the 25 Zoning Code that prohibits use of lot 2 for septic to serve a commercial use on lot 1 of the plat of APPELLANTS' WRITTEN ARGUMENT - 3 Williams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600 1067407.1 1 Melwood Terrace. Al Scalf, Planning Director, confirmed under questioning that there is no prohibition 2 in the Zoning Code which prevents Mr. Vines from utilizing lot 2 as he proposes. 3 It is noted that the Department, through its attorney, Mr. Alvarez, does not contest Mr. Vines' 4 rules for construction of the Zoning Code. Yet, the Department still takes the position that it has 5 properly interpreted and applied the Zoning Code. This position is taken even though the Zoning Code 6 concededly does not prohibit Mr. Vines' use of lot 2 for septic to serve a commercial development 7 located on lot 1. The Department's interpretation offends the rules of construction applicable to a 8 zoning code and is illegal. 9 Mr. Alvarez states that the health officer's decision denying Mr. Vines' application must be 10 affirmed unless it is shown that it is "arbitrary." With due respect, the statute cited by Mr. Alvarez, 11 RCW 34.05.570, is not limited only to arbitrary action. The statute provides "The court shall grant relief 12 from an agency order. . . if it determines that (d) the agency has erroneously interpreted or applied the 13 law. . . ." RCW 34.05.570(3)(d). (Emphasis supplied.) 14 To affirm the Department staff in this matter would be to approve an erroneous and unlawful 15 interpretation of the law. This would be the wrong result and one which a court on review would easily 16 and quickly overturn, per the standards ofRCW 34.05.570(3)(d), thereby exposing Jefferson County to a 17 claim of damages. 18 Turning to the second question, Mr. Vines has shown that other properties have utilized 19 residentially zoned parcels to serve commercial uses. See Applicant's Exhibit 7; testimony of Richard 20 Sepler (Exhibit 13). It is recognized that there are only few examples. Presumably, most individuals do 21 not have the option to utilize residential lands. It is very unusual for a property owner to have ownership 22 divided between commercial and residential zones, as zoning typically tries to apply the same zoning to 23 an entire ownership. It i_s interesting, however, to note that where property owners þad the choice to 24 place septic on a portion of property zoned residential, they appear to have done so. 25 APPELLANTS' WRITTEN ARGUMENT - 4 Williams. Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600 1067407.1 1 Through no fault of his own, Mr. Vines has had lots 2 and 3 (which enjoyed commercial zoning 2 for over 20 years) downzoned. The Board (and Mr. Vines) for purposes ofthis appeal must accept the 3 zoning assigned to lot 2. This acknowledged fact results in the unusual circumstance of a property 4 owner having both commercial and residential zoning within an ownership. S Mr. Vines does not believe it critical whether other property owners have utilized residential 6 zones to site sewer for use by a commercial development located on the adjoining parcel. As noted, his 7 central position is: 8 9 1. 2. That the Zoning Code does not prohibit the use of lot 2 for septic to serve lot 1; and Septic is a permitted use in a residential zone. 10 Nonetheless, Mr. Vines through his planning consultant, Madrona Planning, has submitted 11 examples. At least one example, the Circle and Square Project, clearly utilizes a residential zoned area 12 for septic to serve a commercial use. See Applicant Exhibit 7(A). 13 The Planning Department states this use is "okay", in that Circle and Square is "one parcel." 14 The Planning Department points out that Mr. Vines' ownership is in separate parcels (Mr. Vines owns 15 lots 1,2 and 3 of the plat of Melwood Terrace). 16 It is submitted that this is a distinction without meaning. First, the Circle and Square Project had 17 at one time a number of separate parcels that were combined into one. Mr. Vines would do the same 18 thing for his three lots, but his efforts to do so have been refused by the Planning Department. 19 Second, whether the Circle and Square is one parcel or not, it is still absolutely true that the 20 septic system is located in a portion of the property zoned residential. Yet, this very same use is denied 21 Mr. Vines, for no articulated reason, and certainly for no reason based on the Zoning Code. 22 It is alleged by Al Scalf that two other examples urged by Mr. Vines may have been approved at 23 a time before the property was downzoned by the 1998 Zoning Code from commercial to residential. 24 See Applicant's Exhibit 7(B)(C). This allegation is admittedly questionable since the zoning map used at 25 hearing by staff is a 1991 version and the examples relied upon by Mr. Vines were projects approved in APPELLANTS' WRITTEN ARGUMENT - 5 Williams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600 1067407.1 1 1997. By that time, the interim county zoning adopted in 1996 applied. Staff did not provide a 1996 2 zoning map. However, if true, this fact does not in the slightest detract from the examples provided. 3 As Rick Sepler, Madrona Planning, testified, it is important to note that the 1998 zoning 4 amendments were made to accommodate all "existing commercial uses" in the Tri-Area. In approving 5 the amendments, Jefferson County did not exclude or prohibit supporting drainfields and/or septic. The 6 exclusion of the supporting drainfields and/or septic may be construed to indicate that the County did 7 not consider the drainfie1ds to be "commercial uses." Otherwise, this utility use would have been either 8 (1) prohibited or (2) grandfathered as a legal non-conforming use. This is supported ofthe fact that the 9 County previously permitted Circle and Square to locate its septic and drainfie1ds on a non- 10 commercially zoned portion of its property without concern placement of septic or the septic use 11 constituted a regulated "commercial use." 12 The implication is that siting of utilities is not a use at all, at least a use prohibited by the Zoning 13 Code! 14 If the position of the Planning Department (articulated for them by the staff of the Health 15 Department) was accepted, numerous drainfields would be nonconforming uses in Jefferson County. 16 The zoning code is not interpreted or applied in a way which would support creation of nonconforming 17 uses. See Sepler Testimony and Applicant's Exhibit 13. 18 In short, what this matter comes down to is a frantic effort of staff to find a basis to deny 19 Mr. Vines' application. Finding no basis under the Health Department regulations, staff has turned to 20 the Planning Department and the Zoning Code. And all the Planning Department can do is to argue that 21 "some of the examples" provided by Mr. Vines as supporting his position do not factually have all the 22 same, exactly identical circumstances as the Vines' proposal. The few distinctions are without meaning, 23 however, and the Circle and Sguare project cannot be explained away at all. 24 25 APPELLANTS' WRITTEN ARGUMENT - 6 Williams. Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address; P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600 1067407.1 1 Lost in the rhetoric of the Planning Department is the simple fact that the zoning code does not 2 prohibit what Mr. Vines proposes. Therefore, there is no legal basis under the zoning code to deny use 3 of septic on Lot 2 to serve Lot 1. 4 One of the Board members has turned to the conditions, covenants and restrictions ("CC&Rs") 5 for the plat of Melwood Terrace in an effort to find support to deny Mr. Vines. Yet, as shown in 6 Mr. Vines' supplemental brief, the CC&Rs are not relevant. First, the County has no authority or 7 business to enforce private covenants. See Vines Supplemental Brief, pp. 6-7. Second, the CC&Rs 8 prohibit a "structure." It is simply impossible to construe the CC&Rs as prohibiting an out-of-sight, out- 9 of-mind septic field, i.e. that such a development is a "structure." Vines Supplemental Brief, pp. 3-5. 10 This is particularly so since a septic system of the nature proposed by Mr. Vines can be placed in every 11 lot in the plat of Melwood Terrace without restriction by the CC&Rs. 12 If the CC&Rs are used as justification to deny Mr. Vines, once again, the County would be 13 acting contrary to the law, which would present a basis for a court on appeal to overturn the decision of 14 this Board per RCW 34.05.570(3)(d). 15 The matter comes down to Mr. Sepler's testimony. Simply, septic use on Lot 2 of the plat of 16 Melwood Terrace to serve a commercial structure in Lot 1 is consistent with the Jefferson County 17 zoning code, sound planning principles, and basic fairness, as other project developers have been 18 allowed to use residentially zoned land for septic use to serve a commercial use on an adjoining parcel. 19 There is no conflict between Mr. Vines' proposal with a specific articulated prohibition in the zoning 20 code. 21 Lacking substance, the staff relies on name-calling or confusion. The confusion is based upon an 22 allegation that in 1997, Mr. Vines was denied use of Lot 2 for septic in a decision issued by the Office of 23 Hearing Examiner. Yet, it is absolutely without debate that Mr. Vines has never made an application to 24 the Hearing Examiner relating to use of Lot 2 for septic, a so-called "use variance." Yet, the Hearing 25 Examiner stated that he was ruling on a "use variance" of Lot 2 for septic. The Hearing Examiner did so APPELLANTS' WRITTEN ARGUMENT - 7 Williams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600 1067407.1 1 even though he acknowledged that "no use variance for Lot 2" was presented or before' him! See Vines 2 Opening Brief, pp. 5-8. 3 Mr. Vines asks that the members of the Board of Health stand back for a minute and think how 4 he has been treated. First, it is alleged he has previously requested use of Lot 2 for septic via a "use 5 variance," when the Office of Hearing Examiner concedes in a written decision that no such request was 6 made. Second, it is conceded by the Planning Director that no such request could even be made to the 7 Hearing Examiner. Yet, the legal advisor for the Department, without addressing the law provided by 8 Mr. Vines (as to the doctrines of res judicata and collateral estoppel), appears to suggest that the matter 9 has been asked and answered. The Jefferson County Code, 18.85.030, prohibits the Hearing Examiner 10 from considering any variance that would change the boundaries of a zoning district or alter applicable 11 zomng. 12 This is truly unfair. A citizen should only be bound by specific requests made to government 13 agencies that are asked and answered. He should not be bound by expressions of opinion made by 14 public officials on matters not before them. Otherwise, a citizen would be obligated to appeal every 15 possible statement made by a public official. This would flood the Hearing Examiner, and the courts, 16 with needless appeals. 17 Mr. Vines simply asks the Board of Health to understand that the issue presented is a new issue, 18 which has never been addressed by a court of law or the Hearing Examiner. Mr. Vines requests that the 19 Board stay focused and keep its attention on what is before it, and not be distracted by nonissues. 20 The Board of County Commissioners, in prior dealings with Mr. Vines, have placed themselves 21 in a dilemma of their own making. The Commissioner did not seek guidance in 1998 when the Board 22 rescinded a letter agreement allowing Mr. Vines to utilize Lot 2 for septic. Now, there is a frantic effort 23 to protect this bad decision. 24 Mr. Vines submits that the better approach is to correct the wrong, and not to perpetuate it. The 25 Board of County Commissioners was wrong in 1998 when it thought that Lot 2 could not be utilized for APPELLANTS' WRITTEN ARGUMENT - 8 Williams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600 1067407.1 1 septic because: (1) it would offend the CC&Rs for the plat of Melwood Terrace; or (2)' the Hearing 2 Examiner had precluded this use. Hopefully, the Commissioners (who all stated they could be fair in 3 this matter) can stand back as members of this Board, recognize the error, and correct it. Now is the 4 time to correct this misperception and obvious mistake. S It is suggested that Mr. Vines is somehow attempting to "enlarge" the zoning district or amend 6 the zoning boundary for his lot. Mr. Vines explicitly testified he is not making this request. Mr. Vines 7 in the past tried to change the zoning for Lot 2, but he failed. 8 Mr. Vines has never attempted to alter the zoning for Lot 2. He has worked diligently to attempt 9 to restore it or, in the alternative, to maximize development potential in Lot 1. 10 The commercial use proposed on Lot 1 is pennitted under the Zoning Code. 11 The Department staff apparently tries to paint Mr. Vines as a whiner. All Mr. Vines has tried to 12 do is to get back zoning on the lots he owns or, in the alternative, to try to maximize development on 13 Lot 1. 14 There is nothing wrong with Mr. Vines challenging the CC&Rs for the plat of Melwood Terrace, 15 as the presence of those CC&Rs was used as justification to downzone Lots 2 and 3 which he owns in 16 the plat. In fact, County officials directed Mr. Vines to do so in order to get back commercial zoning for 17 lot 2.1 18 When that effort failed, there was nothing wrong with Mr. Vines attempting to obtain zoning for 19 Lot 2 to maximize development in Lot 1. (Even with commercial zoning Lot 2, the CC&Rs would 20 prohibit an above-ground structure.) Zoning of Lot 2 would have eliminated setbacks between the 21 residential and commercial uses, allowing greater use of Lot 1. 22 23 24 25 1 In 1981, Mr. Vines and other property owners within the plat of Melwood Terrace were sued. The suit contested the legality of amendments to the Melwood Terrace CC&Rs. This suit did not address zoning. The Vines' property was not downzoned from commercial to residential until 1994. The 1981 litigation is irrelevant. APPELLANTS' WRITTEN ARGUMENT - 9 Williams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600 1067407.1 1 Once failing to zone Lot 2, there was nothing wrong with Mr. Vines submitting a proposal to use 2 Lot 2 for septic, where this use is not prohibited by the zoning code, and other property developers have 3 taken advantage of the same development strategy. 4 Staff tries to paint a picture that Mr. Vines can "get a building permit" for the auto detail shop. 5 But Mr. Vines' development strategy is bigger than the auto detail shop standing alone. Again, 6 Mr. Vines is completely within his legal rights to want to maximize development on Lot 1. 7 What this matter really comes down to is that staff does not make the law, but administers the 8 law. Mr. Al Scalf conceded that the zoning code should be changed to prohibit what Mr. Vines wants to 9 do. However, the zoning code is changed by the Board of County Commissioners only after public 10 hearing and input. It is not legal or appropriate to "interpret" a zoning code to make it something it is 11 not. It is particularly wrong to interpret a code differently or apply it differently to Mr. Vines because of 12 reasons of ill will or spite. 13 It is also unfair in this hearing to assign motives to Mr. Vines, to paint him as a sneaky or a bad 14 person. This personal animosity is inappropriate. 15 We urge the Board to focus on the precise issue, and not the person. 16 Mr. Vines wants nothing more than to build what anyone else could build if connected to sewer. 17 His overall proposed development for Lot 1 is allowed by the Jefferson County Zoning Code. He wants 18 no special deals under the Zoning Code. He cannot and will not build a structure on Lot 1 that is more 19 than the capacity of the septic system submitted for approval. 20 As shown, the septic design meets all Health District requirements. The system is not unique or 21 large, and no more than that associated with a four-bedroom, single-family home. 22 Mr. Vines' appeal should be granted. If the Planning Department wants to close loopholes in the 23 zoning code, the proper procedure is to amend the Zoning Code, not use it in an illegal and arbitrary 24 fashion against Mr. Vines. 25 APPELLANTS' WRITTEN ARGUMENT - 10 Williams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600 1067407.1 Thank you for your attention to these comments. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DATED this -1- day of March, 2000. APPELLANTS' WRITTEN ARGUMENT - 11 1067407. I WILLIAMS, l(ASTNER & GIBBS PLLC By \\-. ~ ~J~ Dennis D. Reynolds WSBA #04762 Attorneys For Appellants Williams. Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mait Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600 03!~1!2000 11:49 3583859481 JCHHS PAGE 02 I I I I I I JEFFERSON COUNTY HEALTIi & HUMAN LVICES ENVIRONMENTAL HEALTH DIVISIt:' I I I POUCY STATEv1ENT NUMBER. 97f2 PROGRAM: Onsite Sewage i I I SUBJECT: M:inimwn Land Area Requirements i i Effective this date the following policy sha1l be adopted concerning !the minimum land area that is necessary for the approval of an application for an onsite sewage p ·t. L Whet) th~r~ i$ an inconsistency between ansit~ ~age system ·ons and county or city zoning or other land use or development regu1atio~ the ore restrictive regulation shall apply. II. The minimtun land area required for approval of an onsite sewage system permit shall be determined by either Method I Of Method IT as establish~in Chapter 246-272-20501 WAC. When a Method II analysis is being perfonned the sis must be conducted for an area of at least 100 acres. If the project site is less than 100 es, the area surrounding the. site shall be included so that a minimum of 100 acres is ~yzed. When conducting a Method IT analysis, the area to the c:cnterline of a road 0 street right-of-way may be included in the minimum land area application if the dedicated road or street right-of-way is along the perimeter of the development and is dedicated as p of the development and land area is at least 12,500 square feet in area and the property be served £rom an approved public water supply. ill. Applications for permits for sites not meeting minimum Ian area requirements, whether detem1ined by Method I or Method II, shall be approved only hen a waiver £fom 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 ~s must be submitted before a waiver win be considered. I 2. The waiver application shaI1 include a justification I escn"bing haw the requested waiver is consistent with the purposes and objecti es of protecting the public's health. Justification may be in the fann of the "'standard land area waiver" described below or may be specific to the proposed development. . 3. Applications for waivers tram minimum land area quirements wilI be reviewed by the Health Officer or his designee within t· (30) days of receipt of the waiver application. The Health Officer must pro 'de written findings that the 03!0~!2000 11:4'3 350385'3401 JCHHS PAGE 03 waiver is consistent with the standards and intent of I he onsite sewage system regulations before the waiver may be approved. . 4. The Health Officer may establish monitoring, samp' g, inspection or other appropriate requirements as a condition of the waiver. B. Waiver Limitations. Waivers to minimum land area equirement5 will not be approved if any of the following conditions exist: I I """", , 1. The proposed project is within a Vulnerable Aquifer Re harge Area, or is within a Special Aquifer Protection Area and susceptible uifer recharge area as identified in the Jefferson County Interim Critical eas Ordinance, unless Critical Areas BMPs have been adopted allowing development on smaller parcels. onsite sewage system 2. The proposed system requires any other waivers ft regulations. 3. The land area under contiguous ownership on which proposed can accommodate an onsite sewage syst wa.1Ver. e development is being without a land area 4. Sewer service is available in a timely and reasonable m C. Standard Land Area Waiver Conditions. A standard ·ver may be approved if the following circumstances have been met: 1. The ownership pattern of the land area on which t e development is being proposed was established prior to the effective date of t . policy, and; 2. The land area available for the proposed development n be justified by means of an analysis using unit volumes of sewage per unit Ian area, for example: Parcel size = 9,800 square feet Public water Soil type = Type 3 Minimum land area per Table VII ;;: 15,000 square fee 9.800 sq ft x 450 gpdlsewage u 't "" 294 gpd volume 15,000 sq ft/unÍt sewage volume The parcel could support a two-bedroom home with a 'ver, Q! 2 03/al/2000 11:4g 350385g401 JCHHS PAGE 04 3.Land area averaging when an off-site drainñeld or VI I is proposed. The average land area of the sites encumbered by the onsite se age system and/or well is equal to or greater than the minimum land areas pecified in Table VIr, for example: Adjacent building sites, 0.5 and 3 acres Individual water supply Minimum land area per Table vn = 1 acre Off-site drainfieId on adjacent 3-acre site 3 acres + 0.5 acres 2 = 1. 75 acres average 1. 75 acres > 1 acre trom Table vn Waiver may be approved. .2r .. 4. The waiver is conditioned upon providing an advance level of treatment prior to disposal and neither 2 nor 3 above are feasible. a. A one-level step up in treatment allows approval f a waiver to 75% of the minimum land area requirement. b. A system providing treatment standard 1 perfonn ce prior to disposal aJlows approval of a waiver to 50% of the minimum land ea requirement. D. Appeals to decisions regarding waiver applications may e made by :filing a written req1,lest with the Jefferson County Board of Health wit n fifteen (I5) days of the decision. IV. This policy shall remain in effect until amended or repealed ?~¿:Of~ l~ -. ~V'\~ Health Officer ¿;L~ ..' ø;/ - Ch' f~ aU1J1an 0 th lX,µ d ofHea1th 3 y action of the Jefferson C-t/'~Lc¡( Date F-..2-& - 9 7 Date O?!01!2000 11:49 3503859401 JCHHS PAGE 05 -- TA RT.N VII krznimum Land Ana RøtplÍ7Ð1U!nt Single Family RøsilÙnce or Unit Voú.une 0 Sewage 3 - I 5 6 4, I I 0..5 acrel ! PublIc 14500 1:5,000 18.0Q0 20,000 2~OOO 2.5 acre: sq.ft. sq.ft. sq.ft. sq.fi.. sq. ñ. Individual, 1.0 acre! on each lot 1 acre 1 acre 1 a4e 2 acres 2 acr~~ 2.5 acres: TABLE V Ma:rinw.m Hytimzdic Loading Rote For Resûúntial Sewagtl 1A V ery graveIly~ coarse sands or coarser, Varies according t)O extremely gravellr soils. system selected to meet Treatment Standard 2 ~ . IB Very gr.a.velly medium sands, very gravelly fine sands, Varies according to very gravelly very fine sands, soil type of the non- very gravelly loamy sands. gravel portion 5 2A Coarse sands (includes the ASTM C-33 sand). 1.2 2B Medium sands. 11.0 3 Fine sands, loamy coarse sands, loamy medium sands. 0.8 4 Very :fine sands, loamy fine sands, 0.6 loamy very fine sands, sandy learns, leams. 5 Silt learns that are porous and have well developed 0.45 structure. 6 Other silt loarns, sandy clay loams, clay Ioams, 0.2 silty clay loams. Human Services TO: Jefferson County Board of Health FROM: Lany Fay .J) ~ Environmental Health Director P'--z) ¿) DATE: March 9,2000 RE: Draft #4 - Onsite Sewage Regulation The attached 4th draft incorporates changes that staff has developed in response to input generated from community meetings held in Chimacum, Brinnon and Quilcene, as well as written comments received from a number of reviewers. Changes are tracked by strike outs, underline and color. Light gray changes represent changes between draft 3 and draft 4. Changes between draft 2 and draft 3 are shown as underlined regular print. These revisions were included in the Board workshops held last year. There are two areas that staff would like discussion on and direction from the Board before preparing a fmal draft for adoption. These are contained in sections 8.15.060(3) and 8.15.160. · Section 060 addresses existing onsite sewage systems and building permit decisions. This was discussed during the Board workshops last year; however, staff reworked the language somewhat in an attempt to clarify intent. It is anticipated that this section, if adopted, would be supported by an implementing policy that would be developed subsequently. · Section 160 has been modified extensively. The changes, as proposed, place the Jefferson County PUD squarely in an active role ofperfonning monitoring inspections. This approach was also discussed during the board workshops. There are a number of advantages to a direct PUD role as well as some disadvantages. These will be presented in more detail during the Board of Health meeting. HEALTH DEPARTMENT 360/385-9400 ENVIRONMENTAL HEALTH 360/385-9444 DEVELOPMENTAL DISABILITIES 360/385-9400 ALCOHOL/DRUG ABUSE 360/385-9400 FAX 360/385-9401 Draft #1&2- 8.15 Onsite Sewage Code March 2000~ 1 of 22 CHAPTER 8.15 ON-SITE SEWAGE DISPOSAL SYSTEMS 8.15.010 AUTHORITY/SCOPE. Pursuant to RCW 70.05 and RCW 43.20, the Jefferson County Board of Health is charged with the duty of protecting the public health and safety of all inhabitants of Jefferson County, and enacting such rules and regulations as are necessary in order to carry out these responsibilities and provide for the enforcement thereof. The provisions of this regulation shall apply to all territory within the boundaries of Jefferson County. 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 environmentally sensitive areas within Jefferson County (5) Compliance with the intent of Chapter 246-272, WAC 8.15.030 ADOPTION BY REFERENCE. Washington Administrative Code Chapter, 246-272 On-site Sewage Systems Rules and Regulations of the State Board of Health, as now or hereafter amended, is hereby adopted by reference as Rules and Regulations of the Jefferson County Board of Health. 8.15.040 ADMINISTRATION. The Jefferson County Environmental Health Director, through authority delegated by the Jefferson County Board of Health and Jefferson County Health Officer shall administer these regulations. Fees may be charged for this administration. 8.15.050 DEFINITIONS. In addition to those definitions set forth in WAC Chapter 246-272 the following definitions shall also apply in this regulation: (1) Areas of Special Concern: Areas of definite boundaries delineated through a public process where the Jefferson County Board of Health determines additional requirements for on-site sewage systems may be necessary to reduce potential failures, or minimize negative impacts of on-site systems upon public health. (2) Community On-site Sewage System: Anyon-site sewage system designed to serve two (2) or more units with design flows of 3500 gallons per day or less. (3) Commercial on-site sewage system: Any non-residential or combined residential/non-residential on-site sewage system with a design flow of 3500 gallons per day or less. (4) Department: The Washinqton State Depanment of Health (§.4) 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 - - - i_ Draft #1&.l: 8.15 Onsite Sewage Code March 200()~ 2 of 22 all relevant details as specified in WAC 246-272-09010 and 246-272-11501 and 246-272- 11001 and Jefferson County Policies. The design shall use the format and forms provided or approved by the D::JpJr:montHealth Division. Proper identification and location of soil logs and drainfield components at the site are considered to be part.of the design. (§~) Designer: Until Jutv 2000, An individual who has passed the Jefferson County desiqners exam, has insurance as specified, personally holds a Designers Certificate and performs the actual work of site examination and designing of on-site sewage treatment and disposal system in Jefferson County. Beqinnlna Julv 2000 only professional enqineers licensed in the State of WashinGton or Individuals holdinG an onsite sewaqe system desiqner license issued b'/ the \¡Vashinqton Department of Licenslna. (Z§.) Fees: Those charges as hereinafter authorized by the Jefferson County Board of Commissioners for issuing permits, making inspections as found necessary, ::;ortif¡cJtio~ 4-and certifvinq individuals in the practice of designing, installing, DumOlne or maintaining/monitoring on-site sewage systems. m.;z.) Health Division: The Jefferson County Health and Human Services Environmental Health Division. ¡9ì Health Officer: The local Health Officer of Jeffer-son Countv Health and Human Services Oeoartment. or a reoresentative authorized bv and under the direct supervision of the local Health Officer. as defined in chaoter 70.05 RCvv. UQ&) Installer: An individual who has passed the Jefferson County installers exam, holds a current bond and insurance as specified in 8.15.120, personally holds an Installers Certificate and directly supervises the installation and/or repair of an on-site sewage disposal system in Jefferson County. (11++) Notice of Violation: Written determination that a Violation of thesé rules and regulations has occured. (12-+G-) Operation and M:Jintononoo Monitoring Specialist: An individual with training, skill and experience in the maintenance/monitoring and operation of OSS:.t~c ~~~::; ;J:Jc:cd :hc ~off::~::;c¡~ C::)t..:r~t'.' C';:c¡-:::tion::: ::;:¡c :.1::;:~:cr~:::::~c::; \1Cì~:t::;:-::¡(~:;:::::T~ and is '=:.::::~;::;d approveel by the Jefferson County Environmental Health Division to inspect, and monitor the performance. porform routine :,,:::i:::cn::;:~c::; of an OSS. (114-+) OSS: Onsite Sewage System 1.14~) Probation: A period of penalty where the individual committinq the violation shall be subject to additional review. reportinq andlor inspection. (15~) Proprietary Device: A device or method classified as an alternative system. or a component thereof. held under patent, trademark. or copyriqht. (1 Ô 1 3' .~) Pumper: An individual approved and granted a certificate to operate by the Health Officer to remove and transport wastewater or septage from septic tanks, pump chambers and portable toilets. Said individuals may repair baffles within the septic tank, install or repair risers on septic tanks or pump chambers and install outlet baffle filters in a septic tank. (111-115) Revocation: The termination of all the rights and privileges associated with a certification. Draft #162: 8.15 Onsite Sewage Code March ,:!()()O' '.~\f] 3 of 22 (1§.15~ô) Sewage Disposal Permit: A written permit issued by the Health Officer granting permission for the installation, alteration, expansion or repair of an on-site sewage system. (~16: 7) Site Installer: An individual that has passed the installer's exam and maintains an annual certificate, but is working under the direction and bond of another Certified Installer. (20) Soli Lao: A detailed description of soil characteristics providina information on the soils capacltv to act as an acceptable treatment and disposal medium for sewaqe. (~ 17'3) Suspension: The temporary termination of all rights and privileges associated with a certification. (2218: Q) Violation: A failure to comply with the provisions of applicable laws, rules or regulations including, but not limited to instances or cases when: (a) A Designer submits a permit application or an as-built 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. (b) Designs, installs or approves: a drainfield installation in violation of the applicable regulations; one not fitting the size, shape or topography of the site, within setbacks, as specified in the WAC Chapter 246-272; specification or approval of inadequate construction material, devices or methods. (c) A system is installed in violation of the approved permit. (d) Installer fails to notify the designer and/or the Do¡):::::t;¡~~r.tHeaith Division when site conditions have changed making installation of the approved permitted system impossible or impractical. (e) A pumper disposes of waste from an on-site sewage disposal system or portable toilet at an unapproved disposal site. (f) A designer or installer fails to submit as-built plans as specified in chapter 8.15.110(4t (g) An authorized person fails to submit required reports to the Dop:::r~r,¡~:ìntHealth Division as specified in the conditions of the on-site sewage disposal permit or in this chapter. (h) A certificate holder fails to pay fees as specified by Jefferson County Ordinance. U) A person holdinq a Certificate or license to desiGn, install. Dump or maintain an ass fails !=::::ilurc to report to the Health Division within 24 hours non-functioning on-site components that could result in human contact with sewage effluent by a ;:::rcon ho~djr:g J C:::-r::~ic:::::::: ::::: :;::::;:~,:~::::::~. ;::~:n~;J ::::. ;~~::::ir.::::::~ :::n ':'SS. (k) An owner fails to complete required O&M inspections. complv with the 0 & IV1 schedule in Table 1 and/or submit the reports to the H~:::~:t~ C'ff:ccr ::¡:,d trc PUD. (I) An owner fails to complv with conditions of the onsite sewaqe permit. 8.15.060 ADEQUATE SEWAGE DISPOSAL REQUIRED. Draft ~&2- 8.15 Onsite Sewage Code March 200()~ 4 of 22 (1) Every residence, place of business, or other building or place where people congregate~-e¡; 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 :12J::~ .;ffic:yHe;:;;¡lth Officer. Said sewage disposal system +s-teshall be built or rebuilt, constructed and maintained in such manner as to meet the requirements as prescribed by the :~;:::~:: .:f"';:::::-¡-iealth Officer in accordance with minimum requirements and standards of WAC 246-272. Such system may include, in P3rt, the use of waterless toilet devices in conjunction with an approved Qravwater system or-a¡:¡4 other proprietary devices approved by Washinqton State Department of Health. (2) Any unit/facility with the potential to generate waste water by virtue of beinQ equipped with a toilet, sink, shower or other plumbinq fixture and is in a water service area or has a well on site, 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 any expansion of the square footaQe or major remodel to an existinQ residence may Öe conneCC8d to an exist in a ensite sewac¡e svstem when the existinG system has aeJeouate nvdrauiic c2JDacitv, ITleets vertical and horizontal separation requirements and adequate reserve area in compliance with current code can be established. ::8r'.'oc ~\,' :~ r:;SS in compli:tnco ~~::: :~:-:;;:~:J:: ':::'~~ currant ~~:: ç::: :~ ::;f~cc~:ìt :ho timo Jf tho ::pplic:Jtion "Cí :: '::_Ù¡i:-:: ;:':r---r': ~or :::::j ~cc;jcncc. (4) .^,nv expansion of tho squ:::lro Foot:::lqe or m:::ljor remodel of on existinq residenoe sh:::lll require at 0 minimum the identifioation of a reservo lrepair drainf.ield area th3t complies with currant code. .'\dditional evalu:::ltion or upqr:::lde of the oxistinq system may be required if f{)und to be necO£:car{ to protoct tho publio health. 8.15.070 NO DISCHARGE TO WATER OR GROUND SURFACE Effluent from anyon-site sewage disposal system shall not be discharged directly or indirectly to surface water or upon the surface of the ground, except where expressly permitted by the JjHealth Division c::;:::::'::~::;r~: or by the Washington State Department of Ecology. 8.15.080 ONSITE SEWAGE SYSTEM PERMIT. (1) No person shall install or cause to be installed a new on-site sewage system, nor perform any alteration, extensions,"",* relocation-+;' or connections- to an existing on-site sewage system without a valid permit issued by the "~.:;:::;!~::;ff'::;::;í'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 silall include all items identified in WAC 246-272-11001 (2)(a). Each application shall contain the information required in WAC 246-272-09001 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 as established in WAC 246-272. (4) Permits are transferable with property ownership. (5) Any sewage disposal permit issued under this section shall be valid for a period of ;:c:; !tlree year? from the date of issuance. Draft #:±;.;.2, 8.15 Onsite Sewage Code March ¿DUO"':' 5 of 22 :::::; T~c ¡Jcrmit :I1::::j' be r::;;-:::;'::::',: .::'::::'~::: ::':: .:;:;:;:~:::::::;;-: ::::::L::." :'Jr.c\'::J1 Ie '::Jiid ~C~ :J ¡Joriod of ::JnO j'o:Jr. ,'\n :::d¡'~::~::::::':::-,::',::;'::;:':::';::::;I :.::~~:::;::; :'::;':::::':.') r:l::::Y bo gr:::;ntcd, ¡::rovidod tho :Jpplic::mt :::;i;¡nc :J::::::;tcr~ìO!~: :,nleh :JF.;r~:::; ::::I~a :Jt:ost that cito :::Jr:ditions h:J\'o not ch:::;rgod. :-':::':.']'.')1'. :~'C 'lJ:JI:h ::J;:;:)¡'t;:-"Ol~t ,111 :J11)' GOCO, h::;c ,,~J J¡:;tiol1 ~o rcquiro Jddi:ion::i:,fC!'~::::;:r' .::~:.~ :::: .~~~~!~::; :::: .'::;incpoction of the cito '~::: ~:::t::::':~i:~o ;~ :~IJ ;;or~'i: '.:::::~:::::~:::':. :.::;~::;:::r ':--:".,::::: ::::,,:;':::gL:I::::tlono :I~ :"<:::ct:::t :i~J :In~o )f Jpr:i:::::J:::;;: :::":::.':':'::: ,':; ;\. :::'::';:::::9c jicpo::;::::: ;;:::1':-:1:: :~~:~'.::':: "::;:::-:.:::;; :.~::::~:::~::: :~::::::-: ~';:ic:J. ~nlo::;c :~J ib) T'le permit may remain valid if the property for which the permit has been issued also has an active buildinç¡ permit for a structure that will be connected to the onsite sewaç¡e system, :'\:lnL::J1 ~::r::::':,':J::::; )f ~!:C :::::;':,':::ç:::; jicpoco! pormit m:J\, Jp;:~o':od until ~ro conc:rllcticl~ :~::;::: ')0:):-: :;::;,1 ,plo:c~. (c) 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 specifiecJ In 8.15.090 :-it:a,1 :)e submitted with any new application. (13) In any O:JI>O '.vhoro construotion of tho struoturo for ..:hich tho sow::Igo disposal pormit was issuod is undor....ay and a '¡::¡lid building pormit oxists, ::mnu::l1 ronol/lals of tho cowogo dicpocol pormit may bo givon until oom;truotion is oomploto. (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) days if the Health Officer determines !tis warranted ::Ind thoro ie; no surfaoo die;ch::lrgo of e;o\\lago ::Ie; dotailod in .. u~n Any misrepresentation or inaccuracy in the construction plan or the permit application, whether intended or accidental, shall be considered as grounds for invalidating and voiding any permit issued under this section. The applicant is responsible for the accurate representation of all information presented. (9§.) For anyon-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 CSS 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. (Wm Recording of a Permit The permit, conditions and management/monitoring contract, if required, shall be recorded on the title of the subject property under the following circumstances: (a) A waiver from State or Local Code is applied for and approved.,.~ (b) Combination of lots is required to meet minimum land area requirements of WAC 246-272.,.~ (c) A Management/monitoring contract is required to meet the conditions of approval to meet a treatment standard, install a proprietary device or disinfection equipment. (10) Onsite sewaç¡e disposal permits shall comply with requlations and policies established in the Jefferson County Comprehensive Plan. Jefferson County Z;:wninq Ceode. C,'itical Areas Ordinance and anv other duly adopted land use requlations of Jefferson County.-e¡: the City of Port Townsend in the case of lands within the city. or Hle State of Washinqton. (11) ÞJo on cite 50wogO dicpm:ol permit choll bo icsued '....hon it is known to bo in violation of othor Joff-orson County l::Ind UGO rogubtions. Draft #:!~ 8.15 Onsite Sewage Code March 2COO' :'::0 6 of 22 (12) Any pending and all future permits and approvals for the subject property shall be withheld where written notice of non-compliance with Jefferson County Codes has been provided to the applicant. 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 when it is known to bo for Industrial, Chemical or hazardous waste disposal. (14) It shall be the responsibility of the owner or their authorized representative to fill/cover the heles cc il :OqE; provided for evaluation of the soils for e.f an installation permit or subdivision review within 10 days followinq notification that the inspection by the Health Officer is complete. The property owner shall be notified in writinq when the inspection has been completed. (15) Any OSS not located entirely on the property oriqinatinq the sewaqe must be secured by appropriate easements and/or notice to title recorded with the Jefferson County Auditors Office.,. prior to final aporoval of trìe system installation. (16) 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, 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 application and plans and pay current application fees and meet current rules and regulations. (d) The applicant shall be provided a 30 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 expired pending permit application. (f) Plans and other data submitted for review shall thereafter be retained as per the Jefferson County Records Retention Schedule. 8.15.090 DESIGN. (1) All on-site sewage disposal systems shall be designed in accordance with these rules, and the criteria in WAC 246-272-11501 (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. Pretreatment shall be required for non-domestic/high strength waste streams. (3) The proposed drainfield lateral/bed shall be staked in the field for inspection and review. (4) Septic tanks shall have pumping access ports to ground surface over both compartments and at the outlet to facilitate inspection and maintenance~, EXCEPT, aA homeowner may requoct ~:md provide a writton, oiQned aqreement to provide access ~ports to within 6" of the surface of the Qround provided that::md aqroo a written aqreement to uncover them for #:Ie-required 0 & M inspections specified in 8.15 T::Iblo 1 has been recorded with the title to the property.. (Ne'!.' for oporations and maintonanoo) Draft ~~ 8.15 Onsite Sewage Code March 200()~ 7 of 22 8.15.100 COMMUNITY ONSITE SEWAGE DISPOSAL SYSTEMS (1) Community on-site sewage systems as defined in this chapter shall be designed in accordance with the ::'::: ::'::::~Lo::ûn. '::::::i£jî -::r:: maintenance criteria as set forth in the curr.ent Washington State Department of Health "Design Standards for Large On-site Sewage Systems," 1996, or as they may be hereafter amended. (2) Management of Community on-site sewage systems shall be by an entity approved by the Health Division. 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. If thoy formod ,A, Utility Distriot, that would bo accoptablo. (3) All lots connected to a community system shall be equipped with a water meter or other approved method for monitoring flows into the system. (4) Sites proposinq community systems shall not excood conform to the minimum land area requirements of WAC 246-272. (5) All community on-site sewage systems shall provide an annual report to the Health Division including the following at a minimum: (1) Number of connections to the system and eacil ~ connections' desiqn flow. (2) Copies of inspection reports consistinq of the items detailed in 8.15.160 (7) completed per TABLE 1. (3) Records identifvinq iccn::f'/ any maintenance completed on the system components. 8.15.110 INSPECTION. (1) The :~:::::~r:~::o~Heaith Officer may make inspections during construction to determine compliance with these regulations. (2) Final inspection - conventional systems (a) After completion of the work, the installer shall notify the ~~::::::~ :ff:c:~Health £]fficer of the completion and shall request an inspection. The system may not be covered for 48 hrs (2 workinq days) unless a written notice is provided on the site that an inspection has been completed and the installation is approved by the Health Officer. prior to this im:pootion excopt 3S notod bolow. Tho dosignor (lJ) The Certified Installer shall submit an "as-built" drawing of the final construction to tile Jefferson County Permit Center within ten (10) days of the final inspection request 69¥ef of :ho ::','::C:lì :0 :~c~cff:Jr::JIl C:Lr::': Permit ~. TIle Certified Installer shall orcvide a statement and sic:nature certifvinq compliance with the aporoved desian and WAC 246-272. (b) The :-JC:J!:h Jffic:rHealth Officer may waive this inspection requirement provided the installation has been performed by a Certified Installer, AND proper notification of the Health Officer requestinq inspection has been provided per (a) above AND provided further that the Designer of the on-site sewage system performs the inspection and orovided the Des/Qner is not also named as installer of the system. (c) No part of anyon-site sewage system installation shall be covered or put into use until inspoction ::md final approval has been obtained from the Health Officer. (3) Final Inspection - Alternative Systems (a) The Desiqner shall be contacted by the +Installer to complete all required inspections per the approved plan. (b) The fJ.Desiqner shall be responsible for all inspections durinq the construction of the OSS and shall submit an as-built drawinq of the completed system to the Draft #1~ 8.15 Onsite Sewage Code March :.2QOO ~ ~'r:() 8 of 22 Jefferson Count'! Permit Center. :0 ¡he svstem owner and to the monitorinq entity detailinq the results of the inspections within 10 days of system completion. (c) After completion of the system, when the system is fully functional and the as- built drawina has been submitted. the e.Desiqner shall contact the Health Officer to schedule an inspection of the ass. (4) Final approval of on-site systems by the :1-;::;i::-::'f'c:::I-Health Officer can be made only after satisfactory inspection of the installed system, receipt of "as-built" drawings of the final construction by the Health Division and compliance with conditions of the permit are met. (5) 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 shall order corrections and cause a subsequent inspection to be made. Fees may be charged for subsequent inspections. (6) Designer inspections. Nothing contained herein shall prohibit the e.Qesigner of record from requiring additional e.Qesigner performed inspections to insure compliance with design and regulation. (7) As-built Plans. (a) After installation of the sewage disposal system has been completed, a scaled and dimensional as-built plan of the sewage disposal system shall be prepared by the Desiqner or Installer of the system as specified in 8.15.110 (2) and (3) on forms provided or approved by the Health Division. (b) The as-built plan shall include: (i) Measurements to existing site features enabling the first tank manhole to be easily located, and a dimensioned reserve area; (ii) For repaired or altered ass, the new, repaired or altered components with their relationship to the existing system. (iii) North direction indicated (iv) Location of all sewage system components (v) Stub outs (vi) Tightlines (vii) Pump and/or siphon chamber(s) (viii) D-box(s) (ix) Drainfield lines or bed and fill area(s) when applicable (x) Other treatment components - sand filter, proprietary device, disinfection unit (xi) Driveway - existing andlor proposed (xii) Building(sLsize" shape and placement (xiii) Water line(s) (xiv) Location of utility and/or other easements (xv) Slope(s) - direction and percent (xvi) Cuts, banks, terraces (xvii) Foundations (xviii) Property lines (xix) Surface waters, springs, wells (xx) Additional information as required for systems that are covered by Washington State Guidelines (xxi) Desiqner or Installers signature and date of installation (xxii) Other pertinent information (c) The 35 built plan chall be eubmitted to the Health Officcr no loee th:m 30 d3Y5 after completion of the inetallation and inepeotion. 8.15.120 SEWAGE SYSTEM INSTALLER. Draft #L.±~ 8.15 Onsite Sewage Code March 2000' L\eO 9 of 22 (1) Certificate Required. It shall be unlawful for any person, firm or corporation to engage in construction, alteration, repair or modification of an on-site sewage systems without first having been issued a Septic System Installers Certificate by the ~. #+ee;;Heaíth Officer. (2) Such certificate shall be issued only after the applicant has indicated a basic knowledge of the proper design and function of a sewage system and knowledge of the provisions of this chapter and WAC 246-272 by successful completion of a Health Division examination, AND provideg written proof of satisfactory experience in the field of sewage system installation. (3) Renewal of Certificate. Application is required annual!'! for certificate renewal ~rn:::::ii',. All certificate renewal applications, along with the required bond, renewal fee, and verification of continuing education shall be submitted to the Health Officer by March 15. 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-_ :: 41 Lapse of certification for lack of bond. oavment of fees or verification of continuina education shall require comDletion and oassaae of the Health Division examination and Drovislon of items identified. (4) An Installers Certificate is not transferable. (5) An Installers Certificate grants authority to install any onsite sewage system approved for use in the state of Washington, EXCEPT in the case of a proprietary device where a special authorization, in writing, is required by the manufacturer or patent holder. (6) Exception. A bona fide resident owner may install an on-site sewage system on his/her own property for his/her own use without obtaining an Installers Certificate, PROVIDED: (a) that he/she complies with other terms of this chapter AND (b) that he/she installs no more than one (1) system in anyone (1) calendar year, AND (c) 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 (d) 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 (e) prior to beginning installation the Health Officer AND the Designer are contacted to schedule required inspections. (7) Site Installer. A Certified Sewage System Installer may sponsor a site installer to be responsible for compliance with WAC 246-272-13501 (3). The eÇertified +lnstaller shall inform the hc::lI:h officorHealth Officer of site installer~s name(s) and of any changes in those individual) employment status. Site installers must pass the Installer's exam and maintain their annual certificate. (8) Bond 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 and provide proof of business liability insurance in the minimum amount of five hundred thousand (~500,OOO.OO) dollars. 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 Draft #'!~ 8.15 Onsite Sewage Code March 2000' ~;C'J 1 0 of 22 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. (Currontly a bond of $2,000.00 is roquirod) - (9) Continuing Education. Every installer is required to obtain at least eight (8) hours of approved classroom (training) time. This may be averaged over two (2) years. Subject matter must be directly related to on-site sewage disposal and be acceptable to the :lo:.:lth -::""c::rHealth Officer. Proof of training shall be submitted annuallv with application for renewal ::ìnr~I::::~Y. (10) Suspension/Revocation. A sewage system Installers Certificate may be revoked or suspended as set forth in 8.15.190 if he/she has been found to be in non-compliance 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, chemical toilet, or removing other accumulations of sewage without first having obtained a Septic Tank Pumper& Certificate from the ~::::JI:~~'f:::::::t:ieaitr; Officer. (2) Renewal of Certificate. Application is required annuall'! for certificate renewal ::;rl~:..;::::I·. All certificate renewal applications, along with the required bond, renewal fee, and verification of continuing education shall be submitted to the Health Officer by :\~::;:.::::- 4-éMarcn 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. (3) A Septic Tank Pumpers Certificate is not transferable. (4) Septage Disposal Site Approval. It shall be unlawful to dispose of septic tank pumpings or other accumulated sewage at other than designated and approved disposal sites. (5) Reporting Requirements. fa) Each pumper shall submit to the~'::::~~,:ff;:::':::'Health C)fficer' not later than the tenth day of each month a report on a form provided by the Health Division. Said report shall contain the dates, sources, disposal site, and volume of each load of wastes handled from the preceding calendar month. it)) Each pumper shall comolete an insDection reoort at each site where a SeOtiC tank or Dump chamber is serviced. Inspection r'eports shall be sul)rìlrtted to the Health Division. Said reoort shall include at a minimum the followinc information: (i) Measured depth of scum and siuc:ae in the seD tic tank and pumo chamber if Dresen! (ii) Condition of tank{s). baffles. risers, screens (iii) Record siqns of backflow from drainfield liv) Record siQns of around watm infiltration into tankts) (6) Pump Tank Requirements. Pumping equipment must be presented to the Health Division for inspection at the time of certificate application and renewal. (a) The pump tank must be of at least 1,000 gallons in capacity and must be in good repair and of cleanable construction. (b) All hoses and pumping equipment shall be kept in a clean and sanitary condition while stored or in transit. (c) All discharge valves shall be in good repair, free from leaks and be fitted with watertight caps. Draft #-3:.~ 8.15 Onsite Sewage Code March ¿COO" '.:: 11 of 22 (d) The name of the operating firm shall be prominently displayed on the sides of the vehicle. (7) Bond Required. Prior to the issuance of a Septic Tank Pumper's Certificate, the applicant must post a bond with the Health Division 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). (8) Suspension/Revocation. A septic tank pumper's certificate may be revoked or suspended as set forth in 8.15.190 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 SEWAGE SYSTEM DESIGNERS. Onsite sewaqe system desiqners currently licensed by Jefferson County may perform site evaluations and desiqn conventional onsite sewaqe systems until July 1, 2000. Beqinninq July 1, 2000 only professional enqineers licensed in the State of Washinqton or individuals holdinq an onsite sewaqe system desiqner license issued by the Washinqton Department of Licensinq may desiqn onsite sewaqe systems. (1) Cortificato Roquirod. It shall bo unlQwful for Qn)' porson othor that tho hoalth e#i6eFHealth Officer to ongago in tho Qctivity of dosigning on cito cO'l/ago sy£tom£ or PQrts of £yctom£ without hQving fir£t obtainod Q Sowago System Dosignor's Cortificato, or be in pO££e£5ion of a currontly VQlid State of Wa£hington profo£sionQI engineor'c certificQte or 5Qnitarian reqi5tration Gurrentlv do£iqninq in Jeffor£on County. Such prof-ossional ongineer's cortificato or £Qnitarian rogi£tration i£ accoptablo in liou of 0 soptic £y£tom do£ignor's cortificato. (2) Do£ignor5 cortifiod by tho Hoalth Officor may submit dosign£ for reviow for all £ito5 having threo (3) foot or greator vortical soparation and Flo'.'.'s of loss than 1,000 gQllon5 par day and porform £ai15 ovaluations for Gubdivision roviow. (3) 1\ SOWQ90 Sy£tom Dm:ignor's Cortificate shQII not be trQncforQblo. (1) Roquiremonts for Dosignor Cortificato shall includo all of tho following: (a) /\pplication shall bo modo on forms providod by tho Hoalth officor. Cortificate Qnd/or QPplication foO£ QS sot forth in tho Foo Schodulo shall bo paYQblo to tho Hoalth Di'li£ion. (b) Provide a Cortificato of Gomplotion from an approved £ails o'laluotion ab£s. (c) Provido writton proof of 5atisfactory oxporience of a minimum of two (2) years in tho field of 50'.\lago system dm:ign and/or installation. (d) Take a writton and/or oral and/or fiold Q)(Qmin~¡tion to detormine tho applicants knowlodge of on sito sO'.\'ago systom E:iting and design critoria and pacE: with a Soore of at 10aBt 70% on 011 portions of tho writton oxam. If tho applicant fail£ tho oxam thoy must wait until tho no)(t cchodulod Q)(Qmination to re tako tho oxam and mUE:t pay tho oxamination f-ao. (0) Comploto a saticfactory oral reviow with tho Joffor£an County Environmontal Hoalth Divioion of tho oomploto tost results. (5) A 50'Nago SY5tom Dosignor's Cortificato E:hall run from tho dato of iE:sUO and v.'ill Q)(piro on March 31, of tho yoar unlosE: othor\'vi£O suspended or rovokod. (6) Ronoy:al of Cortifioato. Applioation is requirod for cortifioato renowal annuallv. ,^.II cortifiCQto renowal applicQtions, along with tho roquired bond, ronmvQI foo, and Draft #1:;":¿' 8.15 Onsite Sewage Code March 2()O()~ 12 of 22 verifioation of continuing eduoation shall be submitted to the Health Offioer by March +ãivl3ír;~¡. The Certificate shall not be issued or rene...:od if the applicant is found by tho Hoalth Officer to be out of oomplianoe or in violation of the provisions of this ohaptor. Tho Division shall aooept no not approve any deoign unlecs the Designer Certificmto is . current. (7) Continuing Education. Eaoh DeGigner shall obtain a minimum of eight (8) hours of approved olasGroom training pertaining to on site waste water treatment and diGposal eaoh oalendar year. Proof of training shall be cubmitted with applioation for renoy..al annually. (8) Bond Roquiremont. Prior to tho icsuanco of a GOv.<age systom dosignor's oortificato, the applicant must provide a surety bond approved as to f.arm by the prosecuting attorney for Jeffen;on County and proof of business liability insuranoo in the minimum amount of five hundred thousand dollars ($500,000.00). The bond shall be in the sum of ten thoucand dollars ($10,000.00) to and for the use and benefit of all percom: 'Nho may be injured or aggrievod by tho wrongful act of such sO'l.'age system docignor. The bond must bo oxoouted by a surety company authorized to do businesc in the State of Washington. The bond shall be oonditioned that tho holder of the sow:::Jgo system docigners certific:::Jte, in porforming work govornod by these rules and regulation, shall Q)(Qroise all reasonable oare and skill and shall oomply with all the terms and conditions of these ::md all other applioable rules and regulations. The bond must be kept in effeot during the period of time for whioh the se.....age system decigners certifio:::Jte is iGsued. The curety bond chall remain in force for one (1) ye:::Jr following canoellation of :::Jnd.'or termination of the GOv.-age syctem docignerc oertifio:::Jte. (Currently there is 0 requiremont for bond or incur:moe for designerc) (9) Suspension/Revocation. ^ Docignerc Certifioate may be susponded or revoked :::JC cet forth in 8.15.190 upon making the determination that the holder hac performed with negligenoe, incompetenoe, misrepresentation or failure to oomply with the applic:::Jble rulec, regulations, guidelines, policiec or praotioos which pertain to '.vater supply or wacte '.vater dispocal, either existing at the time of Certifioation or DC thereafter enaoted. (10) /\t such time as the State of Washinqton adopts ct:::Jndardc for Deciqner Certifioation said ctand:::Jrds shall replaoe this seotion of 8.15 in part or in its entirety as applicable. 8.15.150 OPERATION AND }:~.^.~~lT:=:~\:IC:c MONITORING SPECIALIST (1) Certificate required. It shall be unlawful for any person, firm or corporation to engage in any operation and maintenance/monitoring inspection required by the Division without first having been issued an Operation and Maintonanoe Monitoring Specialist Certificate by the Health Officer EXCEPT as noted !fl 8.15.1(30 (Si(b). (2) A sewage system Operation and Maintenance Monitoring Specialist Certificate shall not be transferable. (3) Requirements for Maintenanoo Monitoring Specialist shall include all of the following: (a) Application shall be made on forms provided by the health officer. (b) Certificate andlor application fees as set forth in the Fee Schedule shall be payable to the Health Division. (c) Take a written examination to determine the applicant's knowledge of the operation and maintenance requirements 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. Draft #1~ 8.15 Onsite Sewage Code March ¿CU!) , r "; 13 of 22 (d) Present written proof of completion of a minimum of sixteen (16) hours of training in on-site wastewater treatment, operation and maintenance at the Northwest On-site Wastewater Training Center or equivalent. (e) Provide written proof showing a minimum of one year experience as a certified installer or designer. (4) Scope of Practice. (a) The Operations and Mainton::mco Monitoring Specialist may complete work necessary to complete regular maintenance of an on-site sewage system including: (i) Measuring levels of sludge, scum and liquid in the system components (ii) Visual!j evaluation€- 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. (iv) Clean pump screen or outlet baffle screen& (v) Install and repair septic tank lids, risers and baffles (vi) May replace pumps, float switches, check valves intended to prevent the back flow of effluent into the pump chamber within Washinqton State Labor and Industry requirements. (vii) Record information from devices such as cycle counter or operating hour meters and water meters (viii) Make repairs to a septic tank or pump chamber to correct a condition of ground water intrusion or leakage. (b) The Operations and M::1intonanoo 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 Pumpers Certificate. (ii) Uncover an OSS's drainfield or any drainfield component, EXCEPT in the case here he/she also holds a valid Installers Certificate. (iii) Alter devices such as cycle counters or operating hour meters without the prior written approval of the Health Division. (iv) Alter or replace any portion of the subsurface disposal component or pretreatment components, EXCEPT in the case where he/she also holds a valid Installer Certificate and a permit has been obtained for such work. (v) Replace or alter devices that monitor or regulate the distribution of the effluent. (5) The Operations and Mainton::mco Monitoring Specialist shall report failure of an on- site sewage system to the Health Division immodiatoly. within 24 hours of first identifvinq the failure. (6) Inspection Reports shall be submitted by the Operations and Maintonanoo Monitoring Specialist to the Health Division or other authorized agency within thirty (30) days following the inspection. (7) Only certified Operation and M::¡intomnco Monitoring Specialist that have also obtained written approval from either the manufacturer or patent holder may operate and maintain proprietary devices governed by this chapter. (8) Continuing Education. Each Operations and M::¡intomnco Monitoring Specialist shall obtain a minimum of eight (8) hours of approved classroom training pertaining to on-site waste water treatment and disposal every two (2) years. Proof of training shall be submitted annually with application for renewal. (9) Bond/Insurance.????? Draft #162: 8.15 Onsite Sewage Code March 2000' ,,~'" 14 of 22 (10) Renewal of Certificate. Application is required annuall,! 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 by ~:~::::r:::.r #rVlarr::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. (11) Suspension/Revocation. An Operation and M3intonanco Monitoring Specialists' Certificate may be revoked or suspended as set forth in 8.15.190 if he/she has been found to be in noncompliance with the terms of this chapter or has performed with negligence, incompetence or misrepresentation. 8.15.160 OPERATION AND MAINTENANCE (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 ass, and each person with access to deposit materials in the ass shall should use, operate, and maintain the system to eliminate the risk to the public associated with improperly treated sewage. Owners' duties include without limitation: (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 andlor siphon chamber(s) shall be pumped when solids are observed 3bovo tho height of tho ............. (c) They shall should not use water in quantities that exceed the ass's designed capacity for treatment and disposal. (d) They shall ~ not deposit solid, hazardous waste, or chemicals other than household cleaners in the ass. (e) They shall ~ not deposit waste or other material that causes the effluent entering the drainfield to exceed the parameters of domestic/household waste strength. (f) Thoy should not drivo, park or otore vohidoc or oquipmont ovor tho drainfiold or rosorvo 3roa. (g) Thoy should not 3110',1: livoctocl< :::lCCOSS to tho ass oroa or rosorve aroo. (Rf) They ~shall not build any structure in the ass area or reserve area without express, prior consent of the Health Officer. (0) They ~shall neither place [lor remove fill over the ass or reserve area without express, prior consent of the Health Officer. (kb) They ~shall not pave or place other impervious cover over the ass or reserve area. (~D They shall ~ divert drains, such as footing or roof drains away from the area of the ass. (j) They shall comply with inspection requirements in JCC 8.15.160. (k) They shall complete maintenance and repai~. of the .<?SS. as re~ommended by the r; 0., :.~ Sc::;c:cl:c~ monltOrlna entl!'!. ~:,-::: ':::'-:'::::::::'. :~::;:::!::-: ::::,j+_::~::::, '2,::h.'::::::. (ffil)They should not dispose of excess food waste via a qarbaqe 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 ass area or reserve area. n)Thov choll comply with inspoction roquirements in JCC 8.15.160. (0) The chould oomploto m::lintonanco ::Ind rOP::lir of tho ass ::IS rooommondod by tho a &. M Spoci::¡list. Draft #1~ 8.15 Onsite Sewage Code March .¿(JOU· it:, 15 of 22 (2) Breach of Owne(s~ Responsibilities. An owner's or occupier's failure to fulfill any of the responsibilities in 8.15.160 (1) mayshall be a basis for a Notice of Violation and for the Health Officer to decline to issue approval for further development on the parcel. (3) Notice by the Health Officer. When legal and equitable title are divided between a lender and a borrower (or their successors), only the borrower or borrower's successor need sign applications under this regulation, but the Health Division shall give both the borrower and any lender that has recorded a lien that has not been released (or their successors) notice whenever this regulation requires the Health Officer to give the owner notice. (4) The Health Officer shall be responsible to make available written ç¡uidance on the proper maintenance and operation of the OSS to the owner. Information shall be made available at the Health Division and the Permit Center locations and shall be mailed on a periodic basis to owners of OSS by the Health Officer or ~ fìismer desiç¡nated representative. (5) Inspection Requirements. (a) The owner shall ensure that the OSS receives an inspection by fÞ.e an aoproved monitorinc¡ entit'. Health Divicion=~ :::':"::::'.:::~::;:=:::~~¡:¡::::j ::::::: :::r: ....,......................;,.......... ...................; ~..·1.....;...."'.....,"',..........,....,-· .,..1.._..,;........·.~;..~,.. ..-.,......_.'....;......¡:.......~ :..... ,,~_._.~ ._;J:_.,.......r--,.. /......,.--",........." -",....,.,' -'~,-',- ,-_",_, "''-''''-'''''''' ._,t·..."... ' ':::.' '~~...-'.....'-"''-'.. '-') ,.~ .~..-"..'-".'-''-'.. ...........'-','~J =:~'.¡:.:::~;~::::'::::~ ¡+:;:::i:~ :::::-.::::::::: ::::::: ,:;:::: ::::.:h,':; :~:::;::::::~ .~. ':. '~:C. at the frequency identified in 8.15 Table 1. (b) Proprietary Devices and Disinfection Equipment. Existing and proposed systems that include requiring a proprietary device or disinfection equipment in order to meet a treatment standard (or in which Chapter 246-272 WAC or a Washington State Department of Health Guideline requires ongoing operation and maintenance as a condition of approval); shall be inspected at the frequency established in said document. Said inspections shall be completed by personnel authorized by the manufacturer and certified by the Health Division. (c) Multiple Requirements. If the manufacturer, patent holder, state, JSHHE Health Division, 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. (6) Operations and M::Iinton::mco Monitoring Aç¡reement and Contracts. (a) The owner of a conventional OSS shall be subject to a permit condition e9taiR contr::lct reQuirinç¡ compliance with the inspection schedule specified in Table 1 beginning with the earliest of the following events: (i) The installation of an OSS (ii) The repair of an OSS (iii) The alteration of an OSS QG (b) Owners of existinç¡ conventional systems shall obtain an In itiai inspection by the Health Division. licensed desicmer or licensed orofessional enaineer a :::-:;~:;7:::j=' ~ :.'1 S;::::::::::J!;:: and comply with the inspection schedule specified in Table 1 beç¡inninç¡ with the earliest of the followinq events: (i) The sale of the property~ (ii) The application for a building permit on the site. (iii The use of an OSS as a community OSS. (iv) Identification that Tho uco of an OSS is in an Area of Special Concern VULNER/\BLE OR SU8CEPT/\BLE .'\QUIFER RECH/\RGE ARéA as designated by the JCHHS. (v) Identification that a system has received a WaiverNariance from State or Local Code Draft #1J2, 8.15 Onsite Sewage Code March ¿DOO:'" 16of22- (vi) Tho uso of ::m ass by 3ny food sorvioo ostablishmont or by any othor faoility genor3ting '.v::H;;tO'....3tor th3t will bo groator th3n rosidontial strongth (c) Owners of existinq and new ass qeneratinq waste water of qreater than residential strenqth, includinq food service establishments shall be inspected annually by an aporoved monitorinc (èiìtlt'l.: /:'::::':::':;1 ':'¡:::-;t:::icr::: ::::;d :.~::::í~t:X~::r:::;.::; '.b~:::T:~t; ':::C~::i::::'::: (d) Owners of existinq and new ,;:.,alternative systems shall enter into a contract with the Jefferson County PUD for:::::c:'::::::::; ~-::::d Maintonanco Monitorinq of the ass. Inspection frequency shall be completed consistent with Table 1. ,;, 'r"'::='~::::::~:= :--:-'.~;:~: '>··:~'_~~·''':·~í::::.~ ~:\: -:; !=-~:~~:f::~~ C:' .~ ,.~ S¡:::=::::~:::. ~::': '\-: o'sr:;: ,'V;::\' :~~\,':~~:"::_: :Y~:::::Ct:C1 ',='Jr"'~;::-~ots~ :;': ::.~ C:J:'~~fjoj c: 7" Þ:1 SPGc::::iic: cf 'hJir :::-::]I::;J ::Tj :::.:t~it :r:J :.::;oo,t:o :~::; ?I..!C '.dhin ;() d:::','C of 'lotific::::tion :r;::¡t :::r~ 'nco:::t;ticn 'c :t;o/tJquir:Jd. ::::, T~~: OI__1C ::~:.!!_~~~-,-",':~,~::: ~:'~: _~::::..:::~::: ::<:;~ :c::c:~ ~ :~~S :-::8;: :: ì:~ ;-:~=:1/:C .':::::::~. ~~,: ': (~~~:', . " .'; .¡::;; ......".....¡.; r... ,..... ..... .~.....; ,,~. ......¡ ~ , c . '." ~ ,,~' , (7) Operation and M[]inten~:moe Monitoring Requirements. (a) On-site Sewage Systems in Jefferson County shall be inspected and maintained as set forth in TABLE 1 JCC 8.15 (b) Access Required. The owner of the system shall provide access to the system for inspection and maintenance/monitoring as follows: (i) Septic tank. Septic tanks shall be fitted with a pumping access risers to the ground surface over both compartments and at the outlet, EXCEPT, as set forth in 8.15.090 (4). 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 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. (8) Inspection Report. The inspection report shall be submitted to ~:::.i:::;':::~:::::::: ':::::::.,' PIJ~ "'t~ ~nj the Health Division on Jefferson County Health and Human Services form _forms provided by tho Health Divi£ion. Form shall be completed in full for an inspection to be considered valid.lf the inapeotor eleots to uce othor p3pero, then tho Health affioer may ohargo a re3son3blo fee to reviow c3id p3perc. In 011 C3ses the roport ahall include tho following information: (a) a'Nnors name, address, phone numbor (b) P3rcel numbor of cubjoot proporty and p3rcel numbor whoro ass is located if different. (0) Syctom inst311ation dote (d) System c3pacity (0) Typo of Syctem (f) Date and time of tho inspeotion (g) Septic t~mk (i) Sludgo and coum thicknoÐG lovols Draft ~62- 8.15 Onsite Sewage Code March20()C,,}~'f' 17 of 22 (ii) Whether the tmk hae boon pumpod, if E:O tho amount romovod and the d::1te (Hi) Liquid lovol in tho tank (iv) Condition of alllidc, rison::, b:J#loe and of.fluont filtor ccroom:: (v) Struotur:J1 intogrity and wator tightnoE:E: of tho tank, itG pipoe, and thoir oonnoctionc. (vi) Signc of ground wator infiltr~3tion Pump Chambor (i) Sludgo thiol{nœE: lovol (ii) Liquid Lovol (Hi) Condition of :Jlllidc, risorG and filtor eoroom: (iv) Structural intogrity and '.vator tightnoec of tho oh:Jmbor, iic pipoc :Jnd thoir connootiom:. (v) Signc of ground'Nator infiltration (vi) Chock :JII components fur propor funotioning inoluding: (:J:J) Pump, inoluding a dr:Jwdown tm:t (bb) switohos (co) Wiring (dd) Toct :Jl:Jrm (00) Chock tho pump oontrolD and tho timor :Jnd adjuct thom 3C noodod. (ff) ROGord tho numbor of pump oyoloe or oporating houre U) DiE:pœal Noa: (i) Examine ovidonoo of soopago, Goft ground, surfaoing offluont, odore, vehioular traffio, proE:ence of IivOE:took, oxoavation or unauthorizod diE:turbanoo or building :Jotivity. (ii) Chook monitoring porte for ponding (iii) Chook valvo pœition for tamporing. (k) 8:Jnd filter: (i) (ii) (Hi) (iv) (h) Liquid 10'/01 Condition of alllidE:, ricoro Signc of groundwator infiltration Chock all oomponontE: proE:ont for prop or funotion inoluding: (:J:J) Pump, including a drmvdown tœt (bb) 8witchoE: (co) '.^.firing (dd) Tost :Jlarm (00) Chock pump controlD and timor and adjuE:t:J£ noeded. (ff) Record tho numbor of pump oyolo£ :Jnd/or oporating HetH:s (gg) Chook for offluont ponding in gravol bod (hh) Chool~ othor monitoring portE: (I) Propriet:Jry Devicoe: (i) Confirm oontinuing compliance with the manufacturer's or patont holdors spooifioations :Jnd tho oonditionE: of tho permit. 8.15.170 AREAS OF SPECIAL CONCERN (1) As specified in the WAC 246-272-21501. The local ~o::::::1ì o:fic;:;~Health Officer may investiqate and take appropriate action to minimize public health risk in formally desiqnated areas such as: (a) Shellfish protection districts or shellfish qrowinq areas: (b) Sole Source Aquifers desiqnated by the U.S. Environmental Protection Aqency; (c) Areas with a critical recharqinq effect on aquifers used for potable water as desiqnated under Washinqton Growth Manaqement Act. chapter 36.70A.170 RCW Draft #4~ 8.15 Onsite Sewage Code March 2000' '.::':: 18 of 22-- (d) Desiqnated public water supply wellhead protection areas. (e) Up-qradient areas directly influencinq water recreation facilities desiqnated for swimminq in natural waters with artificial boundaries within the waters as described by the Water Recreation Facilities Act. chapter 70.90 RCW . (f) Areas desiqnated by the department of ecoloqy as special protection areas under chapter 173-200-090 WAC. Water Quality Standards for Ground Waters of the State of Washinqton; (q) Wetland areas under production of crops for human consumption; (h) Frequently flooded areas delineated by the Federal Emerqency Manaqement Aqency;and (i) Areas identified and delineated by the local board of health in consultation with the ::or:::;~~~cn~Department to address public health threat from on-site systems. (2) Areas of Special Concern may be desiqnated followinq public notice and hearinq by the Jefferson County Board of Health. 8.15.180 APPEAUHEARING (1) A oerson aCGrieved of a deCiSion of the ¡.J!:,"::::!!:', ,)ffìcer mav 30oeai. ' f:¡: ::;::;: ;.~::;~; '.: :::C::::::;;Ci~:·. :~~:; >:::::;:~f-: :;ffìcor ;:l;í::::.;::t·,::: ::;;::; 't.;;',.:::;:::':·:'. :::::"'::.;::::! t.: ::::::~::;::JIi :::;:;;;;-':::'.;(~ who has stondinq.cf:: :~:::;::::;c;::· "~.:.::;:::"~:~~;;::[", Appeals shall be submitted to the Health Division in writing within fifteen(15) day after receiving written notice of the decision of the ~c:::~:; ::;:"::::::-Heéllth ()ff;cer. (This ic bOGioally tho C3mo exoept that tho current code requirec the request to go to the Boord of County Commicsioners) (2) Notice of suspension and revocation hearings conducted pursuant to JCC 8.15.120 & 8.15.130 & 8.15.140 & 8.15.150 shall be given by the Health Division to the aggrieved person by certified mail, return receipt requested, at least fifteen (15) days before the hearing is to be conducted. The notice shall inform the person of the purpose of the hearing, date, time and place of the hearing and the substance of the violation. (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 the Health Division following receipt from the petitioning party together with all relevant material associated with the ~:;::;~:~;;:;:::::-Heaìth Cmcers action including but not limited to, applications, reports, soil logs, photographs, staff analysis and recommendations. (d) Upon receipt of the appeal materials transmitted by the Health Division, the Board of Health shall conduct a hearing to determine the correctness of the decision by the h::::Ji:~ ::~~:::;c:Health Officer within 35 days. The petitioner shall be given seven (7) days notice of the purpose, time, date and place of said hearing by certified mail. Further, if the petitioning party is a person other than the permit applicant or a permit holder, then notice of the purpose, time, date, and place of said hearing shall likewise be mailed to the permit applicant or permit holder by certified mail. (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 evocation Draft #:!~ 8.15 Onsite Sewage Code March 19 of 22 hearings shall be limited to that presented by the :~ ,,::;:::~::·'~.:::~Heaith 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 :=::;:~', ::~¡:::;-=~Healti' C)ffi'~2! 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 day followinç¡ the close of the second public hearinç¡ 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 days followinq the close of the public hearinç¡. (h) All relevant evidence ~ admissable, which in the opinion of the Board of Health is the best evidence reasonably obtainable havinç¡ due reqard for its necessity. availability and trustworthiness; provided that. in passinq upon the admissibility of evidence the Jefferson County Board of Health may qive consideration to, but shall not be bound to follow the rules of evidence qoverninq civil proceedinqs in matters not involvinq trial by jUry in the Superior Court of the State of Washinç¡ton. (i) A full and complete record shall be kept of all proceedings and all testimony shall be recorded. The record of testimony and exhibits together with all papers and requests filed in the proceedings shall constitute the exclusive record for the decision in accordance with the law. U) All decisions shall become a part of the record and shall include a statement at;, Finr1inc:s ,JI:C: C,:r'c:v;¡cns, as Wi':)!! :,',S (é3:JSCIlS or basis thereof UDOIl ail trle maten2i issu:,:s Gi ':',c, :[,.i'IV ()t' dlsc:-n¡¡CIl Dresent¡~d on the record, and (;, - :"-: :.~ ".~ ;;:: ~::'~ :~~ "=>::. ,"'~:: ',.:~:: ~:.~ :':, ~'<:,'.<:~~ ::.: ,.:-::: ,.:': .:: ~ :,: ::~~::: ~:-: c:--;:: ::f _\ < I ,,--..,,'....... ,·...il +h_", '....,....,.,"'.......~,,..,; :"" -" , ,'-'"._ ._·i:'~"".,,....~;.,.....,..., ,....._,.".....;"..,..,.,.,...; .......... ,¡,h...... ...¡........~,. ~..,. ""'J .,~.,-'.,....., ....,'.....,,'.....~ ._, '.~,..... .'...' _., _.........,.,......~<..J' .....,...............,.-......-.--< ___" ........ ~:;;;o:·:. :::n~; f*+.íJs.2 Notice of the decision of the Board of Health shall be provided not later that ten (10) days following the date of its decision. Draft #:!~ 8.15 Onsite Sewage Code March ~OOI)' "~:" 20 of 22 ~ill The petitioning party, permit applicant, or permit holder, or designated agent, and the Health Division shall be notified of the decision of the Board of Health, together with the Findings and Conclusions and the basis therefore by certified mail. 8.15.190 ENFORCEMENT/PENALTY (1) Civil Penalties. 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 or by each act ffi of commission or omission procures, aids or abets such violation, may be assessed a civil penalty not to exceed fifty dollars ($50.00) for each day of continuous violation to be directly assessed by the Health Officer until such violation is corrected. The per day penalty shall double for the second separate violation and triple for the third and subsequent separate violations of the same regulation within any five (5) year period. (2) Criminal Penalties. Any person who violates any provision herein shall, upon conviction, be guilty of a misdemeanor and subject to a fine of not more than_ one thousand dollars 151.000\ ~.::.: ':~;::c:r::;d ;:~:'/ ¡::;:'::''-:: "::::50.\;:::\ or by imprisonment for not more than ninety (90) days, or both such fine and imprisonment. Each day any person shall continue to violate or fails to comply with the provisions of this chapter shall constitute a separate offense. (3) Administrative - Certificate Holders. (a) Suspension of Certificate. (i) The Health Officer may suspend any Certificate upon making the determination, after a hearinç¡ between the Health Officer and the Certificate holder, that the holder has performed with negligence, incompetence, misrepresentation or failure to comply with the applicable rules, regulations, guidelines, policies or practices which pertain to water supply and waste water disposal, to have made fraudulent misrepresentation in making application for a certificate or to have make 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 ~C::~:~ :ffi82;-Heaith Officer and the affected certificate holder(s). (Hi) For the first confirmed violation under this subsection, the suspension period shall not exceed thirty (30) days: the second violation in any three (3) year period shall result in a suspension of 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) Revocaetion of Certificate. (i) A certificate may be revoked for repeated violation of any of the requirements of these regulations or any other appplicable 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 Draft ~ 8.15 Onsite Sewage Code March o~()()():(:(; 21 of 22 fraudulent misrepresentations in making application for a certificate or for a permit to install an on-site sewage syste, or should the bond or insurance required herein be cancelled. (ii) The Health Officer shall give written notice of the hearing t9 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 the .2~,::::~:~Jnt:::: Health Division 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 take the written examination again before issuance of a new certificate and pay all applicable fees. (c) Reinstatement of suspended or revoked certificate. (i) The Certificate holder shall make written application for reinstatement to the Environmental Health Director specifying what practices, performance, and conditions that were named as grounds for suspension or revocation have been remedied, and 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 "'"[ndividual for participation in the next available examination where applicable. Reissuance of the certificate is subject to the Individuals successful completion of the application and testing procedure and payment of testing and certification fees as per the Fee Ordinance. (iii) 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. (iv) AODea!. Anv per'son reelinG aaqr~eved because or the suspension or denial of 3 Certificate bv the Health Officer may. within fifteen (15) days ()f thfõ3USOOilS¡CIl or denial. 800e8i :0 the Board of Health as set fonh in ,;CC 3. ':3 !:3C. (4) AdministréHi'J8 - Propertv OVvners (~4) Notice to Title. If the Health Officer finds than an owner has failed to comply with the requirement of this Regulation, AND all administrative remedies have been exil2usted :::tt::::~¡:;t:::j, AND the ~;ase has D8en forwarded to the Jefferson County Prosecuting Attorney"," :1::::: ,::,:::~:- ::;:..::::::':;::::~ :~o :::::::;::: for further action, the Health Officer may record a f\jotice of f'Jotential Uncorrected Violation tÞ.€- '/ioloticr. finding on the title of the property_with the Jefferson Countv Auditor. (b) Removal of Notice. The owner sna!1 make written mouest to tile Health Officer for recision of the Notice. The re(]uest shail specifv con'ective actions completed Draft #4~ 8.15 Onsite Sewage Code March ~OO()~ 22 of 22 i. c) The Health Officer, upon determininG that noticed violation has been '~orrected. shall record a Recision of Notice with tile Jefferson County Auditor. :c!) T~le owner shall Day fees as required to complete inspection(s) to verif'.¡ correction and to I'ecord tile Recision oreoared bv the Health Division. :::.) .\:;pa:::1. ^ry pcr::or 'Jclin;) ~:g;r:::;';::;c: :)JC:::UCJ :;i ::--:J -:;uc¡:;::;¡c¡or~ or jorí:.::i " J -:or::fic:::;to by 'ho Ho:::;lth C'ffìcJr ::lJ)'. '::!ttlin fif::::cr ,'5; j:::~'c Jf Ira GLlt:poncio¡~ )1' -:OJ~¡:J!, Jppcol to tho Bo:.::rc: ::;: !-io:J!t~ ::::c ::0: ·cr:r. :~ ~CC 3. -: 5.1 8a. 8.15.200 SEVERBILlTY 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 neld ~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. FEES (1) Fees shall be as per Jefferson County Health Department Fee Schedule. (2) Refunds shall not be granted if field investigation, plan review, site visit or design review has been completed by the Health Division. (3) A refund of the application fee minus an administrative fee of forty-five dollar's ($45.00) shall be granted upon written request of the applicanUowner, EXCEPT as noted in (2) above. (4) All Sewage System Installer's, Septic Tank Pumper's, Sewage System Designer's and Operation and Maintonanoo 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. EFFECTIVE DATE. This chapter shall be effective ten (10) days after approval is obtained from the Department of Health as per WAC 246-272-02001. 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 which are more restrictive. #4 ~ DRAFT ON-SITE SEWAGE RULE - M~rch ~: ':;C::J March 2000 * *:»:» ¡:>;:1 n-¡~,:¡H ( ) z -.. ¡::¡ () >-,]:: .c 0 ....... ¡....... J <::::; 7j _. 0 ' ::r g z::; ~ :» en:»,,", ° t""" £..t""" pot""" 8..Ej"(C~ Z e.opg.~ (1) = ~ 0 tT:I .,.,p.r'sn g ~ ° >-,] !::.~':;enÕ ~~ó~z ~ ~.~. g. ~ :=-. po ( ) t:h ..... <: ::s ¡;;- ( ) ....... ( )p.....p.:» en ...... '-< po t""" '-<~p.~t""" ~S~Et-to S "0 ã' ( ) tT1 Cf.I Õ ~ -. en en(Jqense en .... ::r ( ) to ~~!::.8,~ () :::... .......... _. '-< v 5' >-,] t:hooen>-,] 8..g.g~ ~ ~~'-' 5' '-< ¡::¡ "0 õ' 0 g. ~::sz ( ) ( ) ~ 'Tj CZJ p.~O §: v_¡:>;:1 ( ) '-< v ~ Q ~~CZJ ¡::: ~~. 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""< Otr1 <"" tr1"" tJtI1 ,0 c:: ;;; tI1 tJ :> Z tJ o þ:j o >-çj tT1 ::0 :» >-,] Õ z CZJ ~ o z ~ o ¡:>;:1 ->-,] z:» Qto CZJt""" ntT1 ::r: tT1 t:1 e t""" tT1 'Tj o ¡:>;:1 o z CZJ ~ tT1 CZJ tT1 ~ ;p- Q tT1 CZJ >-< CZJ >-,] tT1 ~ en Jefferson County Health and Human Services FEBRUARY ~ MARCH 2000 NEWS These issues and more are brought to you every month as a collection of news stories regarding Jefferson County Health and Human Services and its program for the public: 1. "Help our children become happier adults" - Peninsula Daily News, 2-8-00 2. "Meth lab evidence seized by authorities" - P.T. LEADER, 2-9-00 3. "Get serious about HIV, health officer warns" - Peninsula Daily News, 2-9-00 4. "Juvenile justice reforms urged" - Peninsula Daily News, 2-13-00 5. "JGH hires docs to offer Basic Health" - P.T. LEADER, 2-16-00 6. "Abuse, neglect as young child linked to violent tendencies" - P.T. LEADER, 2-16-00 7. "Youth art sought for tobacco-free campaign" - P.T. LEADER, 2-23-00 8. "Career Day at middle schools" - P.T. LEADER, 2-23-00 9. "FLUORIDATION: Should we do it to our water?" (2 pages) - Peninsula Daily News, 2-27-00 10. "Possible suspect probed in animal shelter break-in" - Peninsula Daily News, 3-3-00 11. "Best beginnings for babies: Visitations by nurses help mothers establish strong bonds with their children" (3 pages) - P.T. LEADER, 3-8-00 % 7t Cf) -z .µ w~ ~~ ~ ~ ~ Q) .~ ~ ~ ~ ~ Q) 8 o u Q) ,..0 ~ Q) ~ ~ ~ .~ ~ u· ~ ~ o ~ ~ Q) ~ 3 Ë :; "" ~ .S ~ ~ .~ ~"tJ t~ 01 g '6\, § ~.~ ~ ..<:: 1:: ~.c: 8. ~ .... ; ~ ~J ~ ~ ~ æ ßIo ~ ~ .~ s=. S g¡ ~ ~:s' !~ 1 10 1:: bD8 . 0..>4 ~ 1:1 ,,0 I': ¡:: 73 ...~ ..:I < ... 0 tJ I': ~~ . 1:: . Q> ãI_ 0 S· ~ J o ~ 73 Ii]' S . 0 . ~~"à iU.~~g~ 0 ~8'E ;3}¡~ œ';¡;õI a 'OJ'~ s=...J! $3 S .,¡ B ~ ~~ ~~ .;;~.. ~ Sgj]~o:i~ua.a I': ° 'O.t; ~·s~... "'] <II~ o 11 ~ f'O ì:! 1:: ~en ~ '0 '" S ~..,ª ~ ~~ ~.ß,g!~ e I': F! !!I ~ ,,:>..:1 <II '" Q> o 5! E:~ 0iQ.,<c '" .. .¡·Þô] = æ.E.g -iJ 3 00 .5 ~ § ~.. J21f1§""~ I ~OJ8J>'\i! .. Q>:¡:! 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I: ca +-) - <:) ('-. ~ Q,) ., ~ ~ oj ~ ~ rn ~..c oj õ.~ >8 ~ ~ ¡g »8 rn 0 ~"¡::.E ., ¡¡j"¡::.~ 15'c ;¡ bD~ '" " ~..<:: -g rn.......::r:·2 ..<:: ~ ~ '1~~æ~~]i~<'>?ªË·ê~.B~",,;1·~i¡.;E~;~ ;..0 ca""CL..... ~>::I ~.......Q)oCd ~QJ:-:::¡.... ::J::J...... r-.~::J~¡:::: .0 6b 3 ...s -5 ~ .2, 8 '2 S ~ 15 ~o5 -5 e 8 I ::s B Z 51 Meth lab evidence seized by authorities By Janet Huck Leader Staff Writer In two days, local law enforcement officers discovered evidence of three sepa- rate methamphetamine labs in Jefferson County. On Feb. 4, Jefferson County Sheriff detective David Miller called in the Wash- ington State Patrol's Statewide Incident Response Team (SIRT) to analyze and collect evidence of a suspected meth lab in Brinnon. Miller said the team, busy in Port Townsend, couldn't search the Brinnon residence until Feb. 7. Port Townsend police had already asked the State Patrol team Feb. 4 to in- vestigate a stolen 1986 Chevrolet Blazer that contained chemicals commonlv used -p -r LeClÓ.f: r- in manufacturing meth. (See story on page All.) On Feb. 5, police were called to inves- . tigate a garbage bag found behind a house in the 2100 block of Cherry Street, be- lieved to contain chemicals associated with methamphetamine manufacture. These three discoveries happened only days after the police arrested four people on suspicion of operating a methamphet- amine lab ina Port Townsend apartment complex. . "Prior to a few mOJ1ths ago, we didn't have many meth lab aÌTests," said Miller, "but it's like an epidemic that's starting to sweep over us. I think it could continue to grow." In Brinnon Feb. 4, sheriff deputies See LABS, Page A 11 d- /0/00 Meth Continued from Page A 1 arrested Bruce M. Bratton, 49, whose last known ad- dress was 21 Cirque Drive. At his initial court appear- ance Feb. 7, he was charged with violationS' of the con- trolled substance act, pos- session of drug parapherna- lia and possession of marl- . juana. Bail was set at $15,000 cash only. Arraign" ment is slated for Feb. 18. The arrest 'came as a re- . suit of a routine check by Department of Corrections (DOC) officers because of Bratton's past drug-related. charges, said Miller. During the visit, they found materi~ als that looked like meth, jars of chemicals that looked suspicious and stained cof- fee filters indicative ofmeth manufacture. The chemicals were discovered in an out- side shed. DOC officers called sher- iff deputies who, in turn, called SIRT officers. SIRT is trained to handle components of meth labs, said Miller. The SIRT officers didn't begin analysis until 3 p.m. Feb. 7; it was not complete as of yes- terday, Miller noted. SIRT also examined the garbage bag found in the woods behind the Ch~rry Street house. The landlord, who was cleaning up his rental house, found a suspi- cious plastic trash bag in the woods near the house Feb. 5, said city police Sgt. Conner Daily. Though the chemicals in the bag were similar to materials associated with a meth lab, the police couldn't connect the bag to 'the rent- ers who had just left, nor to any other suspect. It was turned over to SIRf, which recommended it simply be destroyed. "" èn.:"~·~~~i~·~~;::· .. ~;' ,c, ;.~~ .~,.~ ~,§,-i.', S ... {3.& '~~a-e ~ '. '~{3..~M{3,S8. . co ..æl 'å $.]·S ·f ~.:, ~. ~;.Ql· "S·~.f'Mj :.... , 'is. ~.S Q).s '. . ,-.Q)::I0<:5. . 0 - ÇIJ äf"""o Pt . ' .... CIJ,g MCIJ $ . ,Q) Q)....¡::,J: - (1) § 1.8 g:~ ff :6 . ,,'c ~,,8.~ ~ ~]J . .: ''-' ,J: Q) Q) "á .:!; . . It: .. E-,.~.: . ",". . . . " ~. ~'~'~," '~:;1 . ·0' '. bÐ .' ~ ~.: <~"~'þ;~ ¡:: b1ñCIJ.~'>'r;. .;.a ¡:: ~.~. ~âo .c ~. ~ ~ ~,' g ~ 3j : S ft.... '"' . _ 0 0,' ~. .s~ CI . '~~i' ..., '., ft $'O~. ,..¡.~ " - . tOft. 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"C ~ .5 ~ I:: I:: §. ;>,~ æ ~ ~ ",<äi to ~U~1 0'_10 [ ~~&.~i-~~!·~£!]:i ~8 ~~] ~;S . ¡;.:¡ š. ~ æ Z "C ~ £ ~':g § ¡¡¡ ~l~ ~ æ "C's:§ 8. a 8 I:: a¡ "a... > Ii ~~'~;g § j ~æ 11 ~ 8 i ~ 3~~$ ~ S8 ~ ~ ~ <å -š ~]! .i 1 g ~]' ;::I ..c:: .....:B a¡ tl¡ > ... ¡:; a¡ a¡ I::..æ.... ~ 8Jf,~~] fj!'6 1]~ .s~~·~] :]}.8~jj~~ ~ i~ 1s~.. E-< e.:Ja,.t:........¡ ~ a ~ I:: ~ ~ ãS 1-00:::3 fbl ð..~ a¡ CD8 e.oas '11 CD ~ ~ ..ê .9 .s ] ~ § ~ 8 .~ § CìS ~ .~" ~; ~'a¡ Q¡ j ~ ~ ~o£i ~ §' . £ æ 1 '2 § ~nl1::::ii·.1~ ~~~ 8 ~j:e: ~~~l!~,'fE·h:;J § hl:;i-,,:1i ~ ti ~ rn g¡ ~ p;. tr as..æ >. ,.!! oS ui73 í3 .sæ Ii iiì S ~ ~::r: i1S"Ø Ii.s 8. ] ~ ~I ~~ ~ ~. ~~ JGH hires docs to offer Basic Health A 4 . Wednesday, February 16, 2000 Doctors: Help By Janet Huck Leader Staff Writer Contlnue~ from Page A 1 a Seattle-based, nonprofit insur- ance company that now handles Basic Health subscribers. . _ "For many months I had no l(¡cal doctor, and that thought . èaused great anxiety," Nan Toby .~1Tell wrote The Leader. "I'm grateful that my primary care physician is once more my doc- tor," KPS used to cover the Basic Health subscribers, but in order to speed KPS' recovery, last Nov. 1 the Office of Insurance Commis- sioner reassigned the state's Ba- sic Health Plan for low-income residents in Jefferson County to CHP. . ~, Though CHP had a network of doctors in Mason and Kitsap' èòunties, it didn't have a contract -With any Jefferson County phy- sicians. So many of the 1,124 Basic Health subscribers here found they had to travel at least lm hour to see a doctor in Kitsap <2ounty, . , Some doctors saw their own 'Basic Health patients, with dis- counted fees, but they turned away new patients, said Dirksen. 3Jher doctors, however, found Pr.ey couldn't afford to even care !'V their own Basic Health pa- tIents because the fees didn't cpver their overhead. Patients ¡"ho didn't have a doctor were fEtrced to look for a physician in J".çulsbo or Bremerton. .:. One physician said it was ~artbreaking to turn away sick þjtients. :;: "I have never seen a physician ~ at a staff meeting," said rnrksen. r However, with the surviv- ~bility of their practices at štake, local physicians didn't ~ant to sign a long-term CHP Like many rural doctors, Jefferson County's primary care physicians are an endangered species. Their income has dwindled. Some were nearly bank- rupted by the required bailout of troubled Kitsap Physician Service (KPS). In the last few years, a handful of doctors has left the area because they could no longer make a livable wage. "If there are no physicians, there is no hospital," declared Jefferson Gen- eral Hospital (JGH) administrator Vic Dirksen. In order to preserve the at-risk phy- sicians, JGH recently offered employ- ment to three local doctors and two physician assistants. Internist and pe- diatrician Catherine Parkman and fam- ily doctors Douglas Kurata and Brad- ley Bringgold have accepted the hospital's offer. Now the hospital employs a total of eight providers. Last year the commis- siorlers recruited two East Coast phy- sicians. Karen and Gary Forbes, who wouldn't relocate without guaranteed employment. JGH already employed South County Clinic nurse practitioner Merrily Mount. "We aren't looking at employment as a plan to subsidize physicians," said hospital district commissioner Jill B uhler. "We are subsidizing access for patients to local doctors. If the doctors had changed their patient mix to not include [low-income] Basic Health subscribers, they could have made more money. But they are committed to treating a whole range of patients." "The good news is we will be able to care for many of the Basic Health subscribers here in Jefferson County," said Dirksen: The hospital signed a contract on behalf of the physicians with Community Health Plan (CHP), See DOCTORS, Page A 4 "I'm not à business person." Catherine Parkman M.D. contract. They were c,oncerned about the solvency of any insur- ance company that takes over the state plan that drove KPS into debt. With doctors as employees of the hospital, JGH can insulatè them from some of the risk of working with CHP and Basic Health subscribers. Now the doc- tors can see everyone who walks through their doors regardless of the patient's insurance company. The employment arrangement is a simple model, said Dirksen. The hospital doesn't guarantee a certain income. Instead it pays the doctors for the work: they do. "If they do more work, they get paid more," said Dirksen. The hospital pays for the over- head. Parkman and the Forbes are housed in office space owned by the hospital. It buys supplies, and it bills the patients and insurance company. A management service has been hired to help manage the doctors' practices. "I' ¡p not a business person," said Parkman. "I wasn't enjoying running a business. I was too busy doing records, hiring employees and maintaining employees. My job is to take care of patients. Now I can do that." P~T. LEAD-f:YC. ¿;~/(¿'~OU Abuse, neglect as young child linked to violent tendencies By Janet Huck Leader Staff Writer After Jonesboro, after Spring- field, after Littleton, people began searching for the root reasons why children were killing childreh in schools, They pointed at poverty, easy access to guns, and violent modeling in the media. But Portland, Ore., family therapist Robin Karr-Morse didn't think all those reasons added to- gether adequately explained how a baby could metamorphose into a vicious killer. At a conference Feb. 12 in Port Angeles called Preven- tion Works, she cited emerging brain research that indicates vio- lent behavior is fundamentally linked to abuse and neglect in the first three years of life. The still- fonning brain of an abused or ne- glected baby doesn't develop trust, empathy and a conscience without proper nurtUring, she said. Tragically, a predisposition to violent behavior can be hard wired into the brain instéad, she wrote in her well-regarded book Ghosts from the Nursery: Tracing the Roots of Vìolence. Another keynote.speaker, Den- nis M. Maloney, the director of a community juvenile pro- gram in Bend, Ore., de- scribed a new juvenile cor- rections pro- gram that re- connected teen offenders to the commu- nity, and re- duced crime. "Our com- munity has to shift our re- sources to pre- vention and intervention," said Jefferson County Commissione.r Dan Harpole, the father of a 3-month- old daughter, Conference speakers were con- cerned a_bo~ the mounting level of Reasons to safeguard youtQ Statistics from Ghosts/rom ·EVery day 8,493 children the Nursery: Tracing the Roots are reported abused or neglected, of Violence by Robin Karr- . . Morse and Meredith S. Wiley Homicidal children in America: · One study found that of the children who ·have,committed murder, 96 pereent came. from' chaotic or dysfunctional family backgrounds. . 81 percent lived in homes with family violence. . 90 percent had been abused by a family member as a child. · 100 percent had a history of serious school problems. Abuse against children in America: . Homicide is the leading cause of death for children un- der the age of 4. · Every seven hours a child in America is killed by his caregiver. . The mortality rate for in- fants in America under the age of 1 is higher than any other western industrialized nation. money the juvenile justice system pours into the punishment ·of of- fenders as opposed to prevention. Jefferson County spends 60 per- cent of its $15 million budget in criminal justice, said Harpole. It can cost from $25,000 to $100,000 a year to house ajuvenile offender, with sentences getting longer and offenders getting younger. Karr- Morse said the state of California spends more on criminal justice than four- year college education: "Bigger jails and more money for criminal jus- tice isn't the . answer," said Karr-Morse. Instead she recom- mended spending money on home visita- tions, which generally cost only $2,500 a year, to encourage parents to nurture and support their babies. In one study, -researchers documented 80 percent fewer cases of abuse and 70 percent fewer arrests of the children later ,,',1. ',I' t, ". ,. 1(" \. ~'!' , ,'1 t,~ "Our community has to shift our resources to prevention and intervention. " Dan Harpole Jefferson County commissioner on. She suggested quality daycare to provide at least one caring adult , in the child's life: parent training, and a public school system that creates a birth-to-5 program to identify and help at-risk kids. Maloney convinced the state of Oregon to give him half of the cost of incarcerating juvenile offenders. The $25,000 for each of 20 to 25 'kids provided $300,000 to $375,000 yearly for his local program. The money was used to start a work pro- gram. The young offenders helped build bunkbeds for poor children, repaired senior citizens' homes and constructed a service club for abused children. Some teens, who were only required to work 200 hours, spent 1,000 hours hammer- ing and sanding at the center for abused kids. One offender told Maloney if he and his mom had a place like that they would have beel1 safe from a violent stepfather. "The. program humanized the person who.made a mistake instead of demonizing them," said Maloney, who noted that serious and violent crime dropped 29 per- cent after the program began. 'The offenders are presented as part of the solution instead of part of the ·problem. They are working ·hard instead of lying on a bed for .$48,000a·year." .. , " ",'1' The conference audience of nearly 500 people, including 70 teachers, public health nUrses and librarians from Jefferson County, wasrecéptive to the message. "It points ou~ the direction we need to tak~"said a"m NeSrWlh. Jefferson County suPervisor for Child Protec- tive Services. . Two groups are starting up to augme-nt preventive programs that Jefferson County already has started. In small-group discussions at the conference, public health nurse Jean Baldwin announced that Jefferson County recently gained two new infant daycare centers that appear to have staffs with impres- sive credentials. Baldwin's agency, Jefferson County Health and Human Ser- vices, offers a home visitation pro- gram called Best Beginnings for first-time parents. Program super- visor Carol Hardy said it helps only 25 of the 200 to 220 babies born here each year. In addition, Baldwin said, it only lasts for two to three months. Second- and third- timemoms don't get the same sup- port. With other maternity support programs, about 120 children a year receive some help until the age of 2, but they get no assistance until Head Start picks them up at age 4. "There are huge gaps when no- body is in touch with the families," said Baldwin. NeSmith suggested a compre- hensive home visitation program which uses trained volunteers to do home visitations. "It's made a significant impact on juvenile crime," said NeSmith. The next steps are harder to make. "We have to make systemic changes in how we spend our money locally," said Rick Tollefson, chainnan of Jefferson County Community Network, which was fonned by the state to find ways to make children and families safer. "It may require a leap of faith, because sometimes it takes 15 to 20 years to see re- .su}~ of, ~e,c~¡mges.':. ,,' ~-..,-,._,..... .....,.,.......'.".,.........-,...... ! '.:, ;'. ,'.,'.~. ~""'" ' .~. ~ SUNDAY SHOWCASE p. 'i''''-.'~ '1'~"" ~:"""" ,',C>,',,,',,,, ëif,.~,"''.,',','" Th "'2' 20f," .,.'. ,.....,. " c'·· " - _ _.' .' ~.~ "I,'t . ,/ '~,' ,;"" . " .'"..'. ..' '·'t~~l...:·. ,.,.~:' . . LoNNU: ~DAIU' Nr;w Forks city employee Tim Smith adds s?dlum fluoroslllcate, (fluoride) Into the city's water suPPly system. 'ill ~ BY LoRA GREEN PENINSULA DAJIX NEWS . . . . . FLU(D'~" ,R'I';Ð' ··:I\"":I'·"'I'Q"';':"""N"'~:" . '-~ . '. ~ ' ': _i ", : . ',', .: -:'_ .' ." ,....:, . "_ .' ...... __. .... . _ . .:' · , "";'. ' .iU~ " :, ,",' .,' , ,<;..., "·:')'r:;?t~~J;~r;~·!;l1-ff/1~~·;;1,~~~\",~r..,~,",~,-.,- Should;.)we,;~·.aQ:.iit::·.;tol,(),ÎJ1j,~~wâtßl'?·; , .~.;' . . "";). -:...:~' '.;,1,.":..;.... ',"~f, :,~,..,;...., ....:. .. ¡.,<>:", ~'J':~~_' ;:'''''. .' " ;" ¡:.::::', . ,: .-. ·/I"'·~~.7~.~.';~i~':',,~:~~t1-~~~·-.:;' . , ;:.'including some ?f~:IargeBt;8Uè1ì'.aaSëà.t. 'HtIe,Everett,Taconia.and Vancouver. :",; Nationwide, tibout62 percent ofAmeri· ~, - about 145 million people ~ drink , ß,uori~ted water. " ' D~ntal group wants fluoride. "_. ~. .-;." '. .~ . ,.... '. ,,' -. ,. - . - ,.., , ': '., The W)l.Shington$tate PentalAasociB.. ,'. hon is pushing for státewide wà.ter fluori- ,. dation. Adding fluoride costs about 50 . cents per person per year. The group says fluoridation is the saf~ most-cost effective and most åquitable method of reducing tooth decaythroughol :' the state. . . :·;(t'·~··;Î'~",~~,(~" ~~~:~'~.¡t.4 (~t:' ::¡';fð"~'~:'~:}~A~ I~~;,I,:~\,. " ", ".' . . Bills on flUl;Jridei""water'sy's~~få~r' ~, before reaching floor of Legislatz.ire(A.r " , . . Commonly OÆiked questions, answers about fluoridation/A7 ' .... :.' Should we fluoridate the public drink- ing water 'on the North Olympic ". . Peninsula? '. . , In an age when more than half the nation's drinking water is fluoridated, resi- dents of Forks are the only people on the Peninsula who drink water treated with the cavity-fighting chemical. Forks began adding fluoride to its city water in 1956. Port Angeles put the issue before voters in an advisory ballot about 20 years ago. It was soUndly defeated. "I am not aware of any moves in recent years on the Peninsula to install fluoride in the water system," said Dr. Tom Locke, public health director for Clallam and Jef- . ferson cOunties,'" ., "From a scienœstandpoint,'the evi:, . dence is overwhelming in favor. of fluoride., There is no evidence of harm. . c. .. ' , "But' it loses politically because there are alternatives." " About 50 percent of Washington's 5.5 million residents sip, gulp and guzzle fluo- ridated water. . F)uoride is ~dded to 42 water systemå, ,TuRN'TO WATER/Þ KErm THORPEiPENINSULA DAILY Dr. Tom Locke, public health officer for Clallam and Jefferson counties, holds a giant tooth that's part of an office display, Water: Better than toothpaste CONTINUED FROM Al The issue came up again this ¡ear in the state Legislature. Two state Senate bills - one Tlandating fluoride into all city .vater supplies that serve more :han 1,000 residential connec- :ions, the other halting any new 1uoridation programs - were ' ntroduced at the beginning of the ;ession. Both bills died after failing to nake it to the floor for debate. Voters in Olympia and Bremer- on recently rejected ballot ques- ions on allowing water fluorida- ion. Some say it's dangerous, caus- ng brain and chromosomal dam- <ge as well as miscarriages. Others simply fear increased ;overnment control. The anti-fluo- ¡dation issue today is often ramed as one of personal freedom ·s. government control. We must stop it' "We must stop it," said Betty owler, founder of the Spokane- ased Safe Water Coalition of Vashington. "The next thing you know, hey'll say we need Ex-Lax in the 'ater because the country is con- :ipated. " Fowler alleged that dentists are Jpporting fluoridation because it 'eakens teeth, thus creating more usiness for them. But the federal Centers for Dis- dße Control and Prevention in .tlanta counts fluoridation as one f the century's most significant :lvances in public health. The CDC credits fluoride in the water with causing a sharp drop in tooth decay since the 1950s. mack, owner of Jim's Pharmacy in Port Angeles. "But it must be pre- scribed by a physician or dentist." 1 part per million Cammack said he agreed to do that after citizens failed to Nearly all public-health experts approve the advisory ballot back say that conswnption of fluoride in the 1970s. in tap water - at levels of about 1 He said fluoride is dispensed in part per million - strengthens either drops or tablets, and dosage the developing teeth of children. depends on age of children. After According to the American Den- 6 years, the dosage is 1 milligram. tal Association, fluoride prevents Toothpaste containing fluoride between 40 percent and 60 percent can also strengthen teeth, Birch of cavities in children and adults said, but parents must take care who live in fluoridated communities. that young children don't swallow Supporters say fluoridated the toothpaste. water works far better than fluori- Fluoride is a naturally occur- dated toothpaste - and would ring compound found in some help prevent tooth decay in low- water and food, and too much fluo- income children whose parents ride from any source can cause flu- can't afford d~n~ care., orosis, a discoloration of the teeth. A 74-year lifetlme'offluonde" "I, Whiteiör:brown;stains form on· treated water would mD. thee state;. ": the teeth as' they, deVelop. $37.50, while filling a caÝity costs' Once teeth are .fonned, excess around $100, the state dental fluoride cannot hurt them. association says, How fluoride works Fluoride binds with the calcium of the teeth, said Dr. Gregory Birch, a Port Angeles. dentist. It strengthens the teeth and makes the calcium more resistant to the bacteria that cause cavities, Birch explained. The state dental association, recommends fluoride supplements for people who live in areas with- out fluoridation. Dentists can give fluoride treat· ments in their offices, usually twice a year. They can also pre- scribe an oral supplement, usually a liquid or tablet. "We provide fluoride as a public service for free," said Jim Cam- Anti-fluoride voice In Sequlm There's at least one dentist on the Peninsula who opposes fluori- dation, Too much fluoride in the diet can cause bones to become brittle and increase the chance of frac- tures, said Dr. Runar Dean John- son, a Sequim dentist with 31 years experience. Excessive fluoride can cause problems for people who have dis- eases of the central nervous sys- tem and exacerbate epilepsy, said Johnson who practices in Bellevue on Wednesdays and Thursdays and in Sequim on Fridays and Saturdays. He also believes fluoride does not reduce cavities. "It should be a matter of pe sonal choice to medicate one's body," Johnson said recently ir letter, "Why do politicians think tl have the right to prescribe a m ication to the entire population "This is a basic infringemen on the personal rights of every person living in the state ofW~ ington." Port Townsend opponent Al Wiegand, of Port Townsel a retired Seattle schoolteacher, son of a dentist, has also jumpe on the anti-fluoride campaign. "My dad was my dentist (in Massachusetts) until I was 25, he kept telling me how bad flu( ride was when they started pUE ing it for the public 'water sYs~" tern," Wiegand said. "The big thing was that the] were no studies about the long- tenn effects." Wiegand, 65, objects to pro- posed fluoride legislation: "Even if it does help, and all other things being equal, it onl, helps a small segment {children of the population. "A large portion of populatio is being pushed into something they don't need." ·Despite these problems, Birc believes in the value of fluoride. His two children take fluorid supplements daily, he said. And Johnson continues to co sider fluoride a danger to public health, When he is in the Seattl area, he said, he never drinks tI; ,water. ting IOY other brought the 12- ack to their home, but r-old fled. !s apparently received a 'acoma from an older <ert said. -year-old was reported way by his father at 5 :lay. ¡ties in Tacoma are Ir the older· boy, who Iso might be connected eats of school violence n auto theft in Port early Tuesday morn- boy's grandfather hat his beige 1977 Ply- ry was stolen from the of U Street in Port before 2 a.m. The man 1e theft at 6 a.m. ties located the vehicle ðy in the ignition in the )f 29th Street later that e is under investigation orcement agents at the County Sheriff's and nsend Police depart- --- PinuP L. WATNEBS/PENINSULA DAILY NEWS Mlya Boyd, kennel worker at Jefferson County Animal Services, holds one of the three cats -"Stili at the shelter Thursday"v' . " ,.~.~, ~ IPE/PI!:NINSULA DAILY NEWS ~ember of the TV Jut growing up arily at younger 'l. Tribe. Miles rsday night that Jard meeting~ Possible.sospeet probed in animal shelter break-in By ADRIANA JANOVICH PENINSULA DAlLY NEWS PORT TOWNSEND - Jeffer- son County Sheriff's Department personnel questioned a possible suspect Wednesday 'afternoon regarding a major break-in and vandalism at Jefferson County Animal Services that morning. However, deputies have made no arrests for the crime. The case is still under investigation. "We have a person of interest," Sgt. Bob Haynes said Thursday. "There are other people of interest we might be question- ing." Suspects could face arrest on counts of burglary, malicious mis- chief and harassment, Haynes said. Vandals destroyed and stole equipment causing at least $10,000 worth of damage at the shelter, 112 Critter Lane, between 6 p.m. Tuesday and 8 a.m. Wednesday. Vandals emptied a fire extin- guisher, broke three windows, overturned bins of animal food, dumped files, wrote graffiti, destroyed disks, computers and other equipment and réleased animals. Other equipment - including a $700 digital camera, $500 dart gun and $500 portable radio - appears to be missing. Of particular interest to inves- tigators was personalized graffiti, which included profanity, threats of physical harm and the name of one Animal Services employee. The graffiti threats werf! not racially based, Haynes said. "No, there was nothing that showed that to be the case," he said. The threats appear to be more of a personal vendetta, he added. "The target wasn't so much animal services as it. was the agent. I think that point was pretty well made." Historically, burglary cases at Animal Services involve a pet owner breaking in to get their animal out of the shelter, Haynes said. 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OJ) -5~ ::I .- 3 "" ~ g --::: B ::: ..2 2 .~ ~ - ».D OJ -s 3 ~ 15 :oJ) () ~ = ~ ~.;:::: c ~ ~·õ . '-~ ._~- ,~ .5.Sl)ß § ~ ~ ~fj ~ is ~ ;:¡ ::I ~ 0': 11.) ~ ~ - .... - :; 0 ::: a 8. " i · I >- .; .- .! - : ~ ~ c · :c ... · .! i 1:1I C Q. 0 ii ~ '0 C .. 1:1I C ~ 1:1I c: J · ! .. ~ .. :E >- c 0 .c ... c c( (I) CD CD CI æ u.i :¡¡ 0 J: CD CD en o <) I ðo I ('f) ~ l1; a l'F ::] ~ ~ Home Continued from Page B 1 reduced nt-!mber of subsequent pregnancies and less use of wel- fare programs. "We always believed our work with home visits made a differ- ence," said Zorrah, who has worked with the health department's lO-year maternal support -services which, included . hom~ Visits', "but thère Wasn't a lot 'ofoutcome'research'toþrove it." The public health nurses are excited about the new program, which focuses on attachment rather than just support and edu- cation, because home visits start earlier in a mother's pregnancy, are longer in duration and con- tinue longer in the babies' lives. The mothers volunteer for the program. Since the health depart- ment does much of the pregnancy testing in the county, the nurses have an opportunity to introduce the program to all first-time moth- ers enrolled in First Steps, a state- supported insurance program. Though some mothers were at first hesitant about the commit- ment of allowing a stranger into their home for three years, many signed up. Presently there are about 18 families in the program. "It's' a sign how motivated they are to become good mothers," said Zorrah. In prenatal visits, nurses give the mothers information about the fetus's development, child- birth and breastfeeding. "I got all my questions. answered," said Mercer. The nurses also teach the first- time mothers to read the body lan- guage of a newborn and to play Oanielle Mercer reads to her 2-month-old baby, Anthony. Photo by Janet Huck simple games with their infants. Few people think you can teach a newborn to do anything, said Zorrah, but she taught one mother the stick-out-the-tongue game. Newborns will mimic their moth- ers, If a mother sticks out her tongue, her baby will stick out her tongue. The mother was so de- lighted with the interaction she taught her whole family the game. Though the nurses help the mothers unravel crises, they try to help them focus on long-range goals for their families to avoid continuing crises. Some mothers want to complete high school. One wanted to learn to drive. Others wanted to find a better house or a higher-payingjob. But most wanted to build a family that worked better than the one they grew up in. "We don't do things for them or hand them a piece of paper with instructions on'it," ex- plained Hardy. Instead the nurses guide, sup- port and coach them in accom- plishing their goals. "I didn't have goals," said Mercer. "I thought I might want to be a nurse sometime, but she helped me focus on what I wanted to do and helped me to start doing it." With Zorrah's coaching, Mer- cer decided to go to community college to get a degree in nurs- ing next fall. Zorrah also helped her locate inexpensive, at-home algebra classes that Mercer can take this spring, eliminating the prerequisites she would need for calculus in nursing school. "They are more than feel- good goals; they are signific~t long-term goals that will help the children thrive," said Zorrah. Proposed Agenda: DRAFT for Discussion J oint Boards Meeting March 16, 2000 1. Plan for the Hour J eff/Katharlne Jeff and Katharine would like the group to develop a clear description of what it wants to have accomplished by the end of this year (destination/problem description). We would like to have enough detail that we can return to the group in April with a proposed process and an estimate of what it might cost. 2. Health, health care and financing in Jefferson County - what's the product? Group Examples: -fully functional medical care delivery system with stable financing --report to the community on challenges praviders face Follow up questions: . If that's where you want to end up in 9 months, who should be involved? . If that's the ideal, what's the minimum outcome that will make the project worth your time? 3. What resources are available now? What existing projects/activities might we build on? Who's already involved? 4. Meeting review: what worked well about this meeting? What would you change? About 10 minutes at the end of the meeting to talk about what people learned and liked this session, and what they'd do differently in the future. NOTES FROM A JOINT MEETING OF THE JEFFERSON couNTÝ BOARD OF HEALTH AND THE COMMISSIONERS OF JEFFERSON couNTÝ PUBUC HOSPITAL DISTRICT NO.2 MEETING HELD ON THURSDA Ý, FEBRUARÝ 17, 2000 MEETING CONVENED AT 3:30 P.M. MEETIN6 ADJOURNED AT 5:05 P.M. RECORDER: JEFF MERO, AWPHD VIC DIRKSEN OPENED THE MEETIN6, WELCOMED THE GROUP AND, FOLLOWING INTRODUCTIONS, ASKED JILL BUHLER AND GEOFF MASSEÝTO REVIEW DISCUSSIONS THAT HAD OCCURRED AT A COUPLE OF MEETINGS EARUER IN THE WEEK. MS. BUHLER REPORTED ON A SESSION HELD ON MONDA Ý, 2/14. THE MEETING (WHICH, IN ADDITION TO LOCAL PEOPLE, INCLUDED REPRESENT A TIÝE.S FROM THE UNIÝERSITÝ OF WASHINGTON, THE. STATE DEPARTMENT OF HEALTH, THE WASHINGTON HEALTH FOUNDATION AND THE CHOICE RE<5IONAL NETWORK FROM SOUTHWEST WASHIN<5TON) FOCUSED ON THE FACT THAT THE HEALTH CARE FINANCING SÝSTEM IS BROKEN. MASSEÝ REPORTED ON THE RE6ULAR MEETING OF A LOCAL ACCESS 6ROUP THAT HAD MET ON THE MORNING OF THE 17TH. TAKING BOTH REPORTS TOGETHER, THE FOLLOWIN<5 EMER<5ED: The syst:e.cn is broken. KITSAP PHÝSICIAN SERVICES (KPS) IS GOIN<5 UNDER. THE BASIC HEALTH PLAN IS NON-FUNCTIONAL. ALL LOCAL PHÝSICIANS ARE REPORTIN<5 SERIOUS FINANCIAL TROUBLE, WITH MOST HA VIN<5 HAD TO GIVE UP THEIR OWN INCOME FOR AT LEAST ONE PAÝROLL PERIOD IN THE PAST SIX MONTHS. THE BREAKDOWN IN THE SÝSTEM IS CAUSING PEOPLE TO TURN AGAINST PHÝSICIANS AND THE HOSPITAL. Whaé can be done éo fix ié? AT THE 2/14 SESSION, ALL THREE OUTSIDE GROUPS (UW, HEALTH FOUNDATION AND DOH) PLEDGED SUPPORT FOR A LOCAL EFFORT TO ADDRESS THE CRISIS. AT LEAST ONE OF THE ENTITIES INDICATED STRONGLÝTHAT FUNDING FOR A DEMONSTRATION EFFORT COULD BE OBTAINED; THE HEALTH FOUNDATION EXPRESSED WIUJN<6iNESS TO OFFER F ACIUT A TION SUPPORT UNTIL FURTHER NEEDS BECAME CLEARER. IT WAS NOTED THAT BROAD COMMUNITÝ BUÝ-IN WOULD BE VITAL TO SUCCESS IN EAST JEFFERSON couNTÝ, AND THAT THE DISCUSSION PROMISED TO BE A "FULL-BODÝ" EXPERIENCE-THAT IS, THERE WOULD BE PLENTÝ OF DEBATE, SOME OF IT QUITE EMOTIONAL. THE ACCESS GROUP CONCLUDED THAT LOOKING AT A NEW SÝSTEM WITH REVISED INCENTIVES FOR PROVIDERS WAS THE BEST WAÝ OUT OF THE CURRENT PROBLEM. THEÝ ALSO ENCOURAGED LOOKING AT ALTERNATIVE MODELS AS A WAÝTO GET THINGS STARTED. IT WAS NOTED, FOR EXAMPLE, THAT CHPW (THE COMMUNITÝ HEALTH PLANS OF WASHINGTON) CLAIMS TO HAVE A MODEL THAT IS WORKING, THOU6H SEÝERAL OTHER 6ROUPS CONTEST THAT CLAIM. Whaé's éhe role for éhis group? THERE SEEMED TO BE A CONSENSUS BOTH FROM THE TWO MEETINGS HELD PRIOR TO THE JOINT BOARD MEETING AND FROM THE VIEWS EXPRESSED AT THE JOINT MEETING THAT THE TWO BOARDS, MEETING TOGETHER, COULD PROVIDE AN IMPORTANT convener role: 2 -ENSURING DISCUSSION FOCUSES ON NEW IDEAS, NOT FAILED MODELS. -BUILDIN6 A COMMON COMMUNITÝVOCABULARÝ ABOUT THE HEALTH CARE SÝSTE.M. --<CREATING A FORUM IN WHICH SUCCESS FOR THE EFFORT COULD BE DEFINED. (WHAT ARE WE TRÝIN6 TO FIX? vlHA T WILL IT LOOK UK£. IF WE SUCCEED?) -BEIN6 OPEN TO CHANGE AND TRANSFORMATION: IT (WHATEVER IT IS) MIGHT "60 IN LOOKING UKE A CAT AND COME OUT LOOKIN6 UKE A DOO." IT WAS NOTED THE SITUATION SEEMS SO DIRE TO THE HOSPITAL DISTRICT COMMISSIONERS THAT THEÝ FEEL THEÝ HAVE NO CHOICE BUT TO MOVE FORWARD; THEÝ EXPRESSED A STRONG HOPE THAT THE BOARD OF HEALTH WOULD JOIN THEM IN THE EFFORT BECAUSE: -THE JOINT BOARDS FORM A STRONGER BASE FROM WHICH TO BUILD A BROAD COMMUNITÝ EFFORT. -THE MESSA6E THAT THE BOARDS ARE WORKIN6 TOGETHER WILL SEND A STRON6 POSITIVE SI6NAL TO THE COMMUNITÝ. -THERE HAVE BEEN SEVERAL COMMUNITÝ FORUMS TO INFORM THE BOARD OF HEALTH ABOUT HEALTH CONCERNS OF DISTRICT RESIDENTS; ACCESS TO HEALTH INSURANCE COVERAGE AND LOCAL MEDICAL SERVICE IS ALWAÝS A HU6E PRIoR!TÝ IN THOSE DISCUSSIONS. A STRONG POINT WAS MADE ABOUT THE ROLE THE JOINT BOARDS WOULD PLA Ý AS leaders IN THIS DISCUSSION: (PARAPHRASING) "IF WE PROPOSE THE KIND OF <GHAN6E THAT MATTERS, WE WII..L. BE DOING MORE THAN JUST <GONVENIN6 (THOUGH CONVENING IS AN IMPORTANT ROLE). WE WILL PROPOSE 3 CHANGES THAT ARE THREATENING SIMPL.Ý BECAUSE THEÝWII..L CHANGE THE WA ÝS THINGS WORK TODA Ý; AND WITH THE SÝST£M AS FRAGILE AS IT IS, AID'SIGNIFICANT CHANGE WIl.J... S££M THRE.A TENING TO SOMEONE. We Lnusé noé jusé convene; we Lnusé also lead éoward t:h.aé new vision." A number of questions were raised during this discussion: DO WE HA. ÝE THE MONEÝ OR OTHER RESOURCES TO SUPPORT THIS KIND OF STUDÝ? ÝES. WHERE ARE THE PHÝSICIANS IN THIS DISCUSSION? THEÝ ARE KEÝ PLA. ÝERS. BOTH THE PHÝSICIAN COMMUNITÝ AND EMPL.OÝERS ARE KEŸ, AND WII..L BE I.NÝOL. VED IF THE OUTCOME IS SUCCESSFUL.. IS ACCESS TO HEALTH INSURANCE COJlERA6E AND MEDICAL CARE A PUBUC HEALTH ISSUE? THE PUBUC SEEMS TO FEEL STRON6L.Ý IT IS. WHERE'S THE MONEÝ? IF WE DESI6N SOMETHIN6 NEW; IS THERE MONEÝTO PAÝFOR IT? WE CANNOT DESI6N THE SÝSTEM WITH ANÝ CERTAINTÝTHAT THERE WILL. BE SUBSTANTIAL. NEW FUNDS AVAILABLE. IN FACT, WE MAÝWANr TO DESI6N WITH THE IDEA THAT THERE WILL BE NO NEW MONEÝ A V AII..ABLE. THAT WA Ý, IF MONEÝ SHOWS UP, IT WILL BE AN UNEXPECTED BOON TO THE EFFORT. AFTER DISCUSSION, THERE WAS A FORMAL QUESTION: WILL THE BOARD OF HEALTH COMMIT TO WORKIN6 ON THIS ISSUE? EACH COMMISSIONER SPOKE FA VORABL.Ý ABOUT THE OPPORTUNITÝ. IT WAS NOTED THE 6ROUP HAS ALREADÝ A6REED TO SPEND SIX MONTHS COMIN6 T06ETHER EACH MONTH FOR SHARED I..EARNIN6. 4 Now What? HA VIN(fi COMMITIED TO WORKING TOO ETHER, THE DISCUSSION TURNED TO HOW THAT WORK MIGHT PROCEED. IN GENERAL, THE 6ROUP SEEMED COMFORT ABLE WITH A PLAN TO FRAME THE EFFORT (DEVELOP TIMEUNES, IDENTIFÝ ISSUES TO DISCUSS, AND DETERMINE A PROCESS) AT THEIR NEXT MEETIN6. THE FOLLOWIN6 SU66ESTIONS AND TOPIC AREAS WERE RAISED AS POTENTIAL STARTING POINTS FOR THE WORK: A SUGGESTION: FOCUS ON UR6ENT CARE, THE DESIRED SERVICE LEVEL AT THE LOCAL. HOSPITAL, AND INCREASIN6 THE NUMBER BABIES DEUÝERED AT THE L.OCAL HOSPITAL. WORK TO DESI<5N A SÝSTEM THAT IS FOCUSED ON SERVICE, FINANCING, AND OUTCOMES. BUILD A COMMUNITÝVOCABULARÝ ABOUT THE. HEALTH SÝSTEM. DEVELOP A VISION OF THE IDEAL HEALTH SÝSTEM FOR THE couNTÝ. FOCUS ON ADMINISTRATnlE EFFICIEN<GÝ. USE MONEÝTO BUÝ CARE, NOT PAPER. DESIGN A SÝSTEM THAT BALANCES PREVENTION AND INTERVENTION. REC06NIZE THAT INTERVENING AT THE RIGHT MOMENT IN THE DISEASE COURSE IS CRITICAL AND A WAÝTO THINK ABOUT PREVENTION. FOCUS ON DISEASE MANAGEMENT. WORK TO KEEP L.OCAL DOLLARS LOCAL; WE ARE LETIING OUR HEALTH CARE MONEÝ 60 OUT OF THE COMMUNITÝ IN TOO MANÝ WA ÝS. RECOGNIZE THAT SETTING SERVICE LEVELS OR RA TIONIN<5 OF SERVICE IS INEÝIT ABLE. WE CAN'T HAVE EVERÝTHING. WE NEED TO DECIDE WRA T THE COMMUNITÝ WILL SUPPORT. WE HAVE TO TALK ABOUT SUBSIDIES. WHAT LOSS LEADERS WILL WE KEEP LOCAL BECAUSE WE WANT THEM, EVEN THOUGH THEÝ DON'T PAÝTHEIR OWN WAÝ? SPEND SOME TIME THINKIN6 ABOUT HOW WE WILL <CREATE A LEADERSHIP DÝNAMIC THAT IS OPEN AND RESPONSnlE TO 5 COMMUNITÝ INPUT AND FEEDBACK BUT LEADS: IT OFFERS DIRECTION FOR THE WORK. TO BE DONE. FOLLOWING THIS AGENDA ITEM, THERE WAS A DISCUSSION OF THE HOSPITAL DISTRICT'S DECISION TO OFFER EMPLOÝMENT TO SEVERAL LOCAL PHÝSICIANS. IT WAS NOTED THAT THE DECISION viAS NOT AN EASÝ ONE, BUT THAT SOME ACTION HAD TO BE TAKEN TO STABIUZE ACCESS TO PRIMARÝ CARE IN THE COMMUNITÝ. THERE WERE' A NUMBER OF QUESTIONS AND ISSUES RAISED; THE DISTRICT SUPERINTENDENT AND COMMISSIONERS RESPONDED TO THOSE QUESTIONS THEÝ COULD ANSWER. 6 IDEAL HEALTH SYSTEM CHARACTERISTICS January 3, 2000 Draft Overall · Services provided by the health care system improve the health and quality of life of Jefferson County residents · Appropriate services are geographically and financially accessible to the most vulnerable populations · Service providers are respectful and responsive to individual patients and families · All providers deliver high quality services · Both local and out-of-county referral services that are needed by Jefferson County residents are available to them, despite type of insurance coverage or lack of · Providers are efficient and cost effective in order to manage scarce health system resources and stay attractive to payers · Insurance plans contracting with East Jefferson providers understand and respect the local health system and offer adequate reimbursement and fair terms · The health system supports and enhances local capacity ./ The services provided by the system are affordable Local - East Jefferson County · The broadest scope of services, consistent with community size and need, are located in east Jefferson County · Local health services are financially strong · Local health services attract the maximum market share possible · Local health services are coordinated to reduce duplication · Local services always available to patients who need them - adequate hospital staffing, professional coverage and capacity of admitting physicians · Urgent care available within 24 hours · An appropriate scope of local health services is coordinated with out-of- county networks and affiliations for complete continuum of health care · The health system has the ability to focus on and be responsive to the health status of east Jefferson residents and unique community needs · The health system is innovative and flexible · Established doctor patient relationships can be maintained · Medical practices open to accepting patients with any (or no) insurance ./ Adequate transportation is available to services or services are geographically accessible ./ Services accessible to all residents are defined and basic ./ Consumer expectations are appropriate for what a basic health system can provide ./ Appropriate information systems to effectively monitor and evaluate system performance are available ./ Access to preventive services is insured ./ Capacity to effectively manage chronic diseases is available ./ A component to triage patients or advise them on need for or alternatives to physician visit is available Reduce known access problems · Local hospitalization is available whenever appropriate · Local physicians will be available to admit patients · Local physician capacity is adequate to accommodate new patients in the practice of their choice · Local physician capacity can accommodate urgent care within 24 hours · Orthopedics office and emergency coverage capacity is adequate · Local single specialty physicians have alternate coverage when unavailable · Out-of-county specialists will see financially and physically vulnerable patients · All p qysicians accepting new patients will see anyone regardless of insurance coverage or lack of · All insurance plans will offer an adequate local provider network · Medications will be financially accessible to all individuals Jefferson County Board of Health Resolution No. Whereas, the Jefferson County Board of Health has "supervision over all matters pertaining to the preservation of the life and health of the people within its jurisdiction and shall:.. . (4)[p]rovide for the control and prevention of any dangerous, contagious or infectious disease within the jurisdiction of the local health department" (RCW 70.05.060) and; Whereas, the Jefferson County Health Officer likewise enjoys broad authority and is required to "(2) Take such action as is necessary to maintain health and sanitation supervision over the territory within his or her jurisdiction; (3) Control and prevent the spread of any dangerous, contagious or infectious diseases that may occur within his or her jurisdiction; (4) Inform the public as to the causes, nature, and prevention of disease and disability and the preservation, promotion and improvement of health within his or her jurisdiction; (RCW 70.05.070) and; Whereas, the Jefferson County Board of Health has determined that the spread of life- threatening bloodborne infections, including HIV, is strongly associated with the sharing of hypodermic needles by users of intravenous drugs, and; Whereas, the Jefferson County Board of Health finds improper disposal of used hypodermic needles and syringes which threatens public health by creating a risk of unintentional needlestick injury and disease transmission among law enforcement officials, sanitation workers, and the general public, and; Whereas, the Jefferson County Board of Health finds that the preponderance of scientific research strongly supports the efficacy of needle and syringe exchange programs in reducing the spread of blood borne diseases caused by intentional sharing of hypodermic needles and unintentional needlestick injuries, and; Whereas, the Jefferson County Board of Health has determined that properly managed needle and syringe exchange programs encourage intravenous drug users to adopt behavior changes that reduce the risk of communicable disease transmission and promote cessation of drug use and entry into drug treatment programs, and; Whereas, the Washington Supreme Court has determined that a local health jurisdiction may conduct a hypodermic needle exchange program designed to slow the spread ofHIV and other infectious diseases (Health District vs. Brockett, 120 Wn.2d 140, 839 P.2d 324); C:\WINDOWS\TEMP\Resolution #1.doc Therefore Be It Resolved, that the Jefferson County Board of Health hereby authorizes the Jefferson County Health Officer and the Department of Health and Human Services to proceed with development of a needle exchange program as part of Jefferson County's Year 2000 mv Intervention Plan. APPROVED this day of ,2000. C:\WINDOWS\TEMP\Resolution #l.doc Environmental Health Division Review of Building Permit Applications A policy is being developed to provide the details and to address non- residential structures. The ba<3ics include: For residential building applications there is a need to establish an accurate record for a s~te and assess the ability of the existing system to treat the waste water. The record shall include: a) Location of the septic tank and pump chamber if present and b) Location of the distribution box or beginning of the drainfield/distribution system and c) Length and width of drainfield/distribution system and d) Depth of usable soil, vertical separation from the bottom of the drainfield/distribution system and e) Designation of a reserve/repair area that complies with the code in effect at the time of building permit application. The record shall be established through examination of approved asbuilt records in Jefferson County files or by inspection by the Health Division, licensed Designer or licensed Professional Engineer. Systems found to be in compliance with current treatment standards, meeting vertical separation standards, shall comply with the Table 1 inspection schedule for the system type identified. The owner of a system not in compliance with current treatment standards, not meeting vertical separation standards, shall install two (2) monitoring ports on the contour of the drainfield/distribution system to a depth of three (3) feet below the bottom of the drainfield to determine the level of compliance with treatment standards and assure that the system does not contaminate ground water. Owners of these system shall sign a contract with the PUD for monitoring and the systems shall be inspected annually. If the system is found to be contaminating ground water repair/upgrade of the system shall be required. For non-residential building applications: On lots of five (5) acres or less a record of the system shall be established as in a) - e) above. On lots greater than five (5) acres a reserve area shall be established if based on the plot plan there is clearly no interference with the existing system and there is a permit on record. ??? The question remains on larger sites where there is no record at all?? Do we just establish reserve/repair area based on review of the plot plan? Make a driveby check for additional assurance? On completely unknown sites do we need to establish some record for any building permit? RECOMMENDATION Retain revised 8.15.060 (3) and continue development of Policy. On sites larger than 5 acres establish reserve/repair area based on review of the plot plan unless the site is adjacent to a surface water or other critical area as mapped. Staff will use best professional judgement to determine if a driveby inspection is necessary. ADDITIONS, REMODELS, REPLACEMENT, EXPANSIONS State Code WAC 246-~72 states that: Expansion is defined as: a change in a residence, facility, site or use that: (a) Causes an on-site sewage system to exceed its existing treatment or disposal capability, for example when a residence is increased from two to three bedrooms or a change in use from an office to a restaurant; or (b) Reduces the treatment or disposal capability of the existing on-site sewage system or the reseNe area, for example, when a building is placed over a reseNe area. 246-272-17501 Expansions. The local health officer or department shall require an on-site sewage system and a reseNe area in full compliance with the new system construction standards specified in this chapter for an expansion of a residence or other facility. In order to comply with State Code, continue to assure adequate treatment of wastewater and maintain existing high water quality standards in our ground and surface waters 8.15.060 (3) has been revised to: (3) Any new or replacement residence or any expansion of the square footaQe or major remodel to an existing residence may be connected to an existina onsite sewaae system when the existinQ system has adequate hYdraulic capacity. meets vertical and horizontal separation requirements and adequate reseNe area in compliance with current code can be established. OPERATIONS AND MONITORING PUD AS PRIMARY MONITORING ENTITY BENEFITS o Consistency of inspection & knowledge that inspections are completed o Lower Cost $50 - $100/inspection. PUD is a public entity and cannot make a "profit" on the inspection program. o Oversite on limited # of people conducting inspections o Owner retains the right to choose the maintenance person of their choice. They are not locked into a contract for maintenance. o No vested interest in finding problems o Ability to tie the PUD into our existing database, Permit Plan. DISADV ANT AGES o PUD would not provide maintenance services. Still the responsibility of the owner to maintain or contact maintenance person (installer or pumper as necessary) PRIVATE CONTRACTOR/CERTIFIED 0 & M SPECIALIST BENEFITS o Potential to involve a larger # of inspectors by creating a pool to choose from. May create more choice. DISADVANTAGES o Higher costs - $150 - 450 Iyear. This typically includes 1 or 2 inspections and basic maintenance such as washing off screens and may include flushing of the laterals. The mechanism for inspection is typically a maintenance contract. o Time and cost to County to develop the program, test and certify Specialists. o Time and cost to County to provide oversite of Certified Specialists, both submittal of inspection reports and quality of work. o Time and cost to County to track non-compliance with inspection requirements. RECOMMENDATION PUD as the primary monitoring entity. Reduces the cost to the County to develop a "new" program element. It retains currently Certified professionals as maintenance providers to complete work currently included under their license to practice. For example: pumpers can pump, clean and replace pump screens and baffles, repair, replace or install risers, flush laterals. Installers can complete all of the above except pumping and all other work on systems (except that requiring an electrician). We would retain the section on 0 & M Specialist so that if we find there is a need to certify additional practitioners this is available.