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HomeMy WebLinkAboutLog038 .J , Page 1 of 1 Zoe Ann Lamp From: James parker Uparker@jeffpud.org] Sent: Friday, January 13, 2006 9:43 AM To: Zoe Ann Lamp Subject: FW: Jim, Here is doh letter with poe on bottom Thanks Jim -----Original Message----- From: Michael Moren [mailto:mmoren@parametrix.com] Sent: Tuesday, January 10, 2006 4:58 PM To: James parker Cc: Damon McAlister; Jean Carr Subject: Jim, Jim, I forgot to attach the DOH letter on the first e-mail. I have also included an example of a maintenance agreement for a LOSS from the DOH-LOSS Program website. Please call if you have any questions. Mike Moren Parametrix, Inc. 5700 Kitsap Way, Suite 202 Bremerton, WA 98312-2234 mmoren@parametrix.com p: (360) 850-5320 f: (360) 479-5961 3%' ( 9 1/13/2006 .'" December 27, 2005 Mike Moren, P .E. Parametrix 5700 Kitsap Way, Suite 202 Bremerton, W A 98312-2234 Design Review Comments - Beckett Point Fishing Club Proposed Large On-Site System - Jefferson County Dear Mr. Moren: The engineering report and plans for the above referenced project received in this office on August 11, 2005 have been reviewed. The following comments should be addressed in your next submittal. General Comments: 1. Please provide any written agreements between the Beckett Point Fisherman's Club and the Jefferson County PUD No.1 to own, operate and maintain the LOSS system. 2. Provide documentation to show that the total project has received approval under SEP A. 3. Please provide documentation of compliance with local zoning, platting, and building requirements as they relate to sewer utilities. 4. The contractor must be approved as a septic system installer for Jefferson County. Please include a note on the Plans addressing this requirement. 5. The construction of this LOSS should be observed by the Engineer to assure that construction is in accordance with the approved design. Please include a list of inspections that you will make during construction. Drawings 6. Provide the plans for the low-pressure sewer system (LPSS) force mains and the two intermediate sewage pump stations. Included in the plans should be details of the small grinder pump stations for each residence. 7. The plans need to include provisions for DOH to be notified to complete a final inspection prior to covering the drainfield trenches. The final inspection typically includes (but is not limited to) verifying uniform distribution in the drainfield areas. DOH shall be notified at least 5 working days prior to the inspection for scheduling purposes. 8. The plans should show the designated reserve drainfield area. 3? z 1 9. Please indicate the minimum spacing between the drainfield sectors and drainfield beds. Design standards for large on-site sewage systems require a minimum of 15-feet between sectors and 20-feet between beds. I will look forward to receiving your next submittal for this project. If you have any questions, please feel free to call. Sincerely, Mamdouh H. EI-Aarag, P.E. Environmental Engineer Large On-Site Systems Phone: 509-456-2754 Fax: 509-625-5357 E-Mail:Mamdouh.Elaarag@doh.wa.gov cc: Jefferson County Health 3? 3 9 Large On-Site Sewage System Management Agreement (Municipal Management/Oversight) THIS AGREEMENT is made this _ day of , between the Town of , Washington, a Washington municipal corporation, hereinafter referred to as the "Authority", and , a Washington corporation, , hereinafter referred to as "Developers", The term "Lots" shall refer to the above described lots. THE PARTIES HERETO MUTUALLY AGREE AND COVENANT AS FOLLOWS: (a) Developers in the sale of the Lots, shall cause to be recorded, and shall sell each Lot subject to, covenants running with the land which shall carry the burden of this agreement, and in accordance with the covenants attached hereto as Exhibit "B" . (b) Developers shall cause to be installed on the property described in Exhibit "A" a large on-site sewage system (LOSS) approved by the Washington State Department of Health, and shall supervise the formation of a not for profit corporation to be known as the Association, hereinafter referred to as the "Association", to operate, maintain, repair and otherwise manage the LOSS to the satisfaction of the state Department of Health. $ r 9 (c) The Association shall be required to levy on the Lots, and to require Owners to pay assessments sufficient to pay for the cost of maintenance, repair, replacement and management of the LOSS, and to pay Authority for its services and maintain a reserve fund. (d) Authority shall hold, for the benefit of Owners and Lots, a Reserve Fund, which shall be for the purpose of meeting emergencies and providing for major repairs, replacement or extension of the LOSS. The initial reserve, to be paid in by Developers, shall be in the amount of $ (e) The Association shall set the assessments so as to pay all current expenses and to retain an adequate reserve in the Reserve Fund. The adequate reserve shall be in the amount of $ unless a greater amount is required an appropriate government agency or the Authority and the state Depart lth approve a lesser amount. When disbursements are made from the e e en, the Reserve shall be brought back to its proper a t by asses m t on the Lots in accordance with Paragraphs 3.2 and of xh it B, Dec ra. fn otective Covenants, Conditions and Rest. IO~. .---0> (f) Au~hority, its su~o.r,s, ~,i;\ppr~e est te epart en ealth, its assIgns, shall ~ts~ re,,~x a~~ll 11 e to assure ha t s a management entity ~petent el'~e\ \m,in in a d pair the . Authority agrees only \\ that, up n eceivin . o~tio th t the or the management thereof is not r::~\functio wg] operl it ill Ixer ise wers enumerated below to restore ,,-, 'erfectiv~\~pa~men Au ri sumes no responsibility to inspect or pass on '- con~~t~ L I espective of any language to the contrary herein, Aut ri~~~alr~avstH obligation to expend its funds for any reason, express or ~m i d,~hi~agreement, either in the operation or management of the LOSS. (g) \' arry out its role hereunder, Authority, upon notification by the state Department of Health, or its designated officers or agents, or upon notification by the Association or by Owners, that the system is not operating satisfactorily, or that the Association can not or will not perform its duties, shall have the power and authority: (i) To direct the Association to take such action as Authority deems appropriate. (ii) To expend the funds ofthe Reserve Fund and the Association to hire such personnel or contract for such repairs, replacements or extensions ofthe LOSS as are required to restore proper operation, and to pay all expenses, costs, damages or obligations arising from the LOSS and its operation, and the carrying out the powers set forth in this Paragraph (g). (iii) To assess and levy upon the Lots, and require Owners to pay, such amounts as are necessary for the continued operation of the system, and to Page 20f6 3e .5 9 borrow, as an obligation of Owners, amounts equal to the unpaid assessments and file and foreclose liens therefore against the respective Lots. (iv) To suspend the authority ofthe Association and retain, on behalf of Owners and Lots, such professional management as is required, under the circumstances, for the continued operation of the LOSS, for so long as is required. (v) To retain legal counsel and bring any and all legal actions necessary to implement its powers hereunder, in its own name or in the name of the Association, and wherever necessary, all at the expense of the Association and/or the Owners. ~ (vi) To restore management of the LOSS to the ASSOC~O~,~ 00~ii1i it successor, when it appears, to the Authority's s~ion, that~' ciation or its successor is able to resume or rta~ duties 0 ~e t. (h) Should Authority find it e ent 0 ~t a y ~~a.rs, rep ce e 0 nsions to the LOSS with. own ou ces, .;~l e e~t~le to reo bu ent therefore in accordance it then e Ie c arges for \UC . es. Nothing contai~ herein, e e i this gr ement, s e construed so as to I' establis~" 'a.;,,~:,; , II li fo op at or maintenance of the LOSS by ~'~Uthorilf\,~er n 10 fro 's own funds, ,~,~ aw<\~~ th rti s that Authority shall receive the sum of $~' Ii >" p'~r ~ m for acting as Standby Management Authority, which I\~ i e'} iviOfthe reimbursement set forth in Paragraphs (g) and (h), herein. \~",T~;p' $ to be paid on or before the _ day of \r'::'/ , _, and thereafter in quarterly increments payable on or before the 5th day ofthe first month of each quarter. Commencing _, _, the annual fee shall be increased or decreased according to the latest annual percentage change for All Urban Consumers, U,S. Department of Labor Consumer Price Index: , and annually thereafter according to said index. G) Developers shall deposit with Authority the sum of $ to be held as a legal fund to ensure that funds will be immediately available in the event that Authority determines it appropriate to retain legal assistance for any matter arising out of this agreement. If expenditures are made therefrom, the fund shall be brought back to the said amount by assessment in the manner set forth for the Reserve Fund in Paragraph ( e), above. Such fund shall be held by Authority or its successor until such time as the use of the LOSS is terminated by connection of the Lots into a municipal sewer, and then the principal and interest shall become the property of Authority to be used for parks and/or recreation purposes. Page 3 of6 3g>- b f (k) After the _ day of , _, the Association may seek to enter into contract with another municipality to act as Authority. However, Authority hereunder shall continue as such until any successor municipality is obligated under a valid contract approved by the state Department of Health. (I) At the end of fifteen years (15) from the date of this agreement the terms hereof, including the fee paid to Authority, shall be renegotiated. If the parties cannot come to mutually agreeable terms, Authority shall have the absolute right to declare this agreement ended and of no further force and effect, subject only to Authority's obligation to give eighteen (18) months written notice to the Association ( or Owners) and the state Department of Health (Wastewater Management) of its intent to do so. During this ei en month notice period the Association and Owne 1er into an agreement with a successor municipal entity satisfactory t th st e epartment of Health. Nothing herein shall be construed event the u 'ty, the Association, and the state Departm~nt ea m enterin in , sup~rseding agreement. \\ ,I \ rf \,j' \ 0 IN WITNESS WHEREOF the p~eto\"ave\ set eiur tls o~ '-" ~ ~\\ ' TOWN '~ BY: (TITLE~ ATTEST: \r " (TITLE) BY: (TITLE) BY: (TITLE) BY: (TITLE) Page 4 of6 3? 7 ~ EXHIBIT C ON-SITE SEPTIC SYSTEM OPERATING AGREEMENT THIS AGREEMENT is entered into this _ day of , _, by and between the Association, a Washington non-profit corporation, hereinafter referred to as the "Association", and the Washington State Department of Health, hereinafter referred to as the "Department". IT IS THE PURPOSE OF THIS AGREEMENT to provide for the operation of a large on-site sewage system (LOSS) as required under the provisions of Chapter 246-272-08001 WAC, Rules and Regulations of the Washington State Board of Health. (a) (b) Provide surveiff~e \\'\. LOSS. \\' (e) \j'0perate from a fixed location and provide a listed telephone under its business title and street address. Current address and phone is as follows: ( ) (f) Keep records of inspections, work done, and other details relating to operation and maintenance of the LOSS. (g) Set up and maintain an accounting and audit system, conforming to any applicable statutes. Page 5 of6 3J> ? 9 (h) Have available at the site of the LOSS a Department-approved operation and maintenance manual specifically prepared for the specifications and condition of the LOSS. Association agrees to provide surveillance and maintenance in accordance with the procedures set forth in the manual. (i) Association agrees to: (i) Keep records of inspections, monitoring, work done, conditions found, etc. Records shall be available for inspection by the Department (ii) Provide for pumping of septic tanks or other storage tanks by licensed septic tank pumpers or installers in accordance with the frequency set forth in the operation and maintenance manual. /', (iii) Submit reports of system maintenance and opera~/t~Partment on forms as set out in the operation and ~nance m u 1. or otherservices. 0 \ \ \) .~\ ~\ This agreeI?entshall remain. 11 rc e !~ e~ct ~ti.J ~ units ~n J ~e LOSS have been connected mto an app ved publ e e ,~~e , or ne ear afte ~';~proved sewage system is m,a4,e availa Ie 0 the L~ ~rv~ d t e su . e stem, whichever event occurs first.~ Tstand m agem~a~~~ en WI own of , Washi on, a py th~~ I le rded ith ~ d ation of covenants covering the properties served ~,~ a\' "oc~/ es to comply with the provisions ofthat agreement. IN WITNE~'f'~ res subscribe their signatures hereto this _ day of y -" ASSOCIATION WASHINGTON STATE DEPARTMENT OF HEALTH BY: BY: TITLE: TITLE: Page 6 of6 3~ 9. 1