HomeMy WebLinkAbout05 May
Human Services
HEALTH BOARD MINUTES
MAY 28, 1997
BOARD MEMBERS:
Glen Huntingford, Chairman
Richard Wojt, Member
Dan Harpole, Member
STAFF MEMBERS:
David Specter, Health Department Director
Jean Baldwin, Director of Nursing Services
Larry Fay, Director of Environmental Health
Chester Prudhomme, Director of Substance Abuse
Thomas Locke, M.D., Health Officer
CITY OF PORT TOWNSEND
REPRESENTATIVE:
Ted Shoulberg
The meeting was called to order by Chairman Glen Huntingford. The following Board and staff members
were present: Commissioner Richard Wojt, Commissioner Dan Harpole, City of Port Townsend's
Representative Ted Shoulberg, David Specter, Jean Baldwin, Larry Fay, Chester Prudhomme, Tom Locke
and Judi Morris.
APPROVAL OF MINUTES: Commissioner Wojt moved to approve the minutes of April 22,
1997 as presented. Chairman Huntingford seconded the motion which carried by a unanimous vote.
PUBLIC COMMENT PERIOD: No public comments.
OLD BUSINESS
EXPANSION OF THE BOARD OF HEALTH MEMBERSHIP: David Specter stated that
the Leader published an article regarding the expansion of the Board of Health. An advertisement was also
placed in the newspaper asking for volunteers to serve on this board. David Specter asked the Board for
direction on the process for selecting community members. Commissioner Harpole suggested and it was
agreed upon that a subcommittee, made up of David Specter, Dr. Locke, and a County Commissioner,
review the applications and interview the top five applicants for each position. Commissioner Harpole
volunteered to be the Commissioner's representative. David Specter would like the subcommittees'
recommendations approved by the County Commissioners before the Health Board meeting in June. The
HEALTH
DEPARTMENT
360/385-9400
ENVIRONMENTAL
HEALTH
360/385-9444
DEVELOPMENTAL
DISABILITIES
360/385-9400
ALCOHOL/DRUG
ABUSE CENTER
360/385-9435
FAX
360/385-9401
HEALTH BOARD MINUTES - MAY 28, 1997
Page 2
Board concurred. David Specter added that he has talked with the State Secretary of Health and he is
willing to come and meet with the new members.
.
DIRECTOR'S REPORT
FINANCIAL REPORT: David Specter reported that expenses are in line with budget
projections. After a detailed analysis, performed by the Health Department, it was found that revenues
were down due to a lag in the billing process. They have corrected that problem and grant payments are
expected to be received soon. Commissioner Harpole stated that the advertising expense is 48% expended
and asked ifthere is cause for concern? David Specter replied that it is a small budget line and there is no
reason to be alarmed.
PROGRAM UPDATE: David Specter reported that they have applied for continued funding for
the Regional Partnership grant (Clallam, Jefferson and Kitsap) and the Local Partnership grant (Jefferson
County and Jefferson General Hospital) for an additional year. David Specter noted that the grant funding
was used for staffing and assessment needs. The Regional Partnership is considering a behavioral risk
factor survey with the population of all 3 Counties which will provide some good information.
'4:6 NURSING DIRECTOR'S REPORT
PROGRAM UPDATE: Jean Baldwin noted that they are applying for a grant from the State
Office of Community and Rural Health for the development of a data base used for tracking immunization
records. There is a letter from KPS supporting the creation of this data base (see attached). Jean also
stated that if the County does not receive the grant they will be asking KPS for a contribution.
Commissioner Harpole asked if there is an issue regarding privacy? Jean said that she believes
immunizations fall under a different category, however, if they receive the grant they will work with the
Prosecuting Attorney's Office regarding that issue.
@> ALCOHOL and DRUG ABUSE SERVICES DIRECTOR'S REPORT
PROGRAM UPDATE: Chester Prudhomme reported that the State contract is up for renewal on
July 1, 1997. He has served on the Association of County Human Services Organization for the last two
years. In which they have been working on this contract and have consolidated it considerably.
Chester then reported that the State is giving Jefferson County $45,000, over the next 2 years, to meet
immediate needs for the detox program. He intends to use the funding to contract with the hospital for bed
space and some medical personnel.
Chester stated that as ofJuly 1st the State will increase the County's allocation over the next 2 years to
$108,000 in addition to the regular funding. This funding is to be used where it is needed most in the
County.
He also reported that the State Department of Corrections has funding available for Jefferson County
($5,100 over 2 years) for treatment programs of inmates.
HEALTH BOARD MINUTES - MAY 28,1997
Page 3
.~
'-I ENVIRONMENTAL HEALTH DIRECTOR'S REPORT
NOTICE OF VIOLATION APPEAL: LINDA SEXTON. APPELLANT: Larry Fay explained
that the Appellant, Linda Sexton, has been collecting materials and operating a solid waste facility without
a permit on her property located at 6264 Beaver Valley Road. He then passed around photographs
showing the condition of the property. Larry Fay defined "Solid Waste" as cited in the RCW and WAC.
The Appellant was informed in a notice letter dated February 11, 1997 that she had 30 days to either:
1) Begin the solid waste facility permitting process; or
2) Initiate a plan for clean up of the property
She was also informed that if she wished to appeal the Environmental Health Director's decision, she could
do so in writing, within 15 days, to the Board of Health (See attached letter). Chairman Huntingford asked
if this appeal is solely on the solid waste issue or if there are septic issues? Larry Fay replied that the
Health Department is working on resolving other problems with the Appellant's property but this appeal is
just on the solid waste issue.
Mark Beaufait Attorney for the Appellant, stated that Ms. Sexton does not collect and discard items, she
actively selects quantities of items. He said that the Appellant agrees that some items must be stored inside
or covered up and if done properly it would not fall into the category of a solid waste facility.
Linda Sexton Appellant said that she is providing a service that the County should be doing, by recycling
and reducing solid waste. She feels this is an expression of her religious beliefs and her need to prepare for
the future. She is willing to work with the County and follow a compliance schedule but would like to
continue providing this service.
Commissioner W ojt asked what kind of requirement would there be for a person to establish a solid waste
facility? Larry Fay replied that it would probably fall under the recycling provisions. He went on to
discuss the conditions that would have to be met.
A letter (see attached) was received from Port Townsend Realty regarding another piece of property
owned by the Appellant with the same kinds of problems. Chairman Huntingford asked if a multiple site
agreement could be reached? Mr. Beaufait responded that he feels the regulations apply equally to each
property. Chairman Huntingford directed the Health Officer to work with Ms. Sexton and her Council on
a compliance schedule and that she is required to stop collecting until an agreement can be reached. This
matter will be brought back before the Board at the next Board of Health Meeting. Some items that need
to be addressed in the agreement are what type of material can be collected and how they are stored for
future use. It is a concern that some of those materials, if stored improperly, are an environmental, health,
and fire hazard.
APPEAL OF SEW AGE PERMIT DENIAL: ROBERT SMITH. APPELLANT: Mr. Smith stated that
he purchased property about 1 'h years ago and the surrounding properties had working septic systems that
have been there for many years. Mr. Smith has done a lot of research on available alternative systems and
has selected the White Water Treatment (WWT) System. Mr. Smith said that Jim Nims, a registered
engineer for WWT drafted a plan for him who then applied for a septic system permit and was denied.Mr.
Smith feels that the WWT system is a proven device and that the property will support it. He then
introduced Mr. Nims who discussed how he came up with the septic plan. Mr. Nims stated that the Health
HEALTH BOARD MINUTES - MAY 28, 1997
Page 4
Department's results of the 96/97 wet season evaluation are different from his records. He discussed the
diversity between States regarding vertical separation. He would like the County to permit this unit and he
is willing to do periodic tests for the County's evaluation. The Appellant asked Mr. Nims how many
Counties have accepted this type of system? Mr. Nims said that it is hard to tell because Counties say they
accept it, until it comes time to install the system.
Larry Fay reported that on September 27, 1996, Linda Atkins, Mr. Smith and Mr. Nims met on the site to
evaluate soil conditions and determine what type of system would be appropriate. Mr. Nims then
submitted a design on behalf of Mr. Smith for the installation of a White Water Treatment unit with
disinfection going into a shallow pressurized drain field. Larry Fay discussed the type of soil found on the
property. It was decided that a permit would not be issued until a winter observation of the site was done
to decide whether a water table actually occurs. Mr. Nims submitted an application for a wet season
evaluation which occurs January through March. According to the results of the wet season evaluation in
the lower reserve area, there is a water table less than 12 inches. The water table at the upper primary area
was in the range of 12-18 inches. City Representative Ted Shoulberg asked if Larry Fay had the
administrative authority to approve this type of system? Larry replied yes, he does have that authority,
however, on this lot there are minimum site conditions that need to be met before a permit can be issued.
A minimum of 12 inches of soil depth is needed to assure the disbursement of the affluent away from the
drain field area, or the site is not permitable. When the unsaturated soil depth is between 12-18 inches, a
mound system would have to be installed, in addition to a treatment standard 2 system, to increase the
separation beyond the minimum of 12 inches. Larry Fay stated that in the reserve area, 12 inches of depth
is required for a mound system. He also pointed out that this is a small lot and coupled with the proposed
building site and a roadside ditch that is carrying water. It does not meet the required standards even with
the White Water Treatment unit installed. Larry Fay said this is not an argument of the performance of
WWT systems. They have been approved by the State Department of Health as meeting treatment
standard 2. He then informed the Board of the minimum required standards for permitting.
Ted Shoulberg asked if the County does not have the authority to waive the State requirement, what is the
nature of this appeal? Dr. Locke said the purpose of this appeal is to decide whether the Environmental
Health Director's decision to deny the septic permit was made correctly and in accordance with State law.
Larry Fay said that the appeal is based on the perk holes and the wet season evaluation. Ted Shoulberg
asked if the Appellant disagreed with the Health Department's findings? Mr. Smith disagrees with how the
wet season evaluation was done. He stated that Dick Shold, a licensed installer, dug the perk holes and
Linda Atkins told them to put a 4-inch solid plastic pipe into the hole and back fill it which they did. Mr.
Smith looked up the regulations a couple of weeks ago and found that he should have inserted pipe that
was slotted or perforated not solid. Mr. Nims is willing to give the County a written guarantee that ifthere
is ever a problem with surface system failure that the system would either be shut down or an alternate
drain field would be found. A release ofliability would also be signed so the County would not be
responsible or blamed for the construction of this system. Mr. Smith informed the Board that drinking
water is not a concern for this site. Mr. Nims said he would monitor this system approximately every 90
days if it is permitted.
Chairman Huntingford said there was a comment made that if the system failed the appellant would go off
site to find an alternate drain field and he asked if there was an adjoining lot available for an off site
system? Mr. Smith replied that there is an adjoining lot across the road that is for sale but he is not sure
whether it would meet all the regulations. Chairman Huntingford said that if it were to be permitted, some
HEALTH BOARD MINUTES - MAY 28, 1997
Page 5
type of binding site agreement for another available site would have to be agreed upon. Commissioner
Harpole said that he feels there are State guidelines that need to be followed and although he can
understand the Appellant's situation, he is not sure they have the authority to permit this project. Larry
Fay stated that there may be some changes in regulatory standards in the future that may allow a permit to
be granted. Commissioner Harpole asked about current alternative systems such as composting toilets and
gray water separation as a possibility for the site? Larry Fay responded that the gray water standards for
disposal are the same as black water and vertical separation would still need to be maintained.
Mr. Nims stated that the State has guidelines that they would like to see followed and the County has the
authority to make policy decisions. Larry Fay reiterated that guidelines are developed by the State
Technical Review Committee which mayor may not be adopted by the County. Once those guidelines are
adopted, they become Rule for that County. Dr. Locke stated that the County may create ordinances that
are more stringent but not less than State regulations. Larry Fay quoted WAC 246-272-02001 Local
Regulation (1) and said as rules and regulations change this site may be revisited and able to be permitted.
Commissioner Wojt moved to deny the appeal. Commissioner Harpole seconded the motion which
carried by a unanimous vote.
Mr. Nims asked what is the course of appeal at this time? Larry Fay replied that this is the end of the
administrative appeal process. Dr. Locke confirmed that there is not an appeal process at the State Board
of Health level. Chairman Huntingford told the Appellants that their only course of action would be to try
to work with the system at the State level.
~
~ HEALTH OFFICER'S REPORT
LEGISLATIVE UPDATE: Dr. Thomas Locke updated the Board on new legislation. He is
waiting for clean copies of what is left of vetoed legislation.
Meeting adjourned.
The next meeting will be held Monday, June 23, 1997 at 3:00 p.m.
JEFFERSON COUNTY BOARD OF HEALTH
fl
Please Publish: One (1) time, May 21, 1997
Bill: Jefferson County Commissioners
P.O, Box 1220
Port Townsend, W A 98368
NOTICE
CHANGE IN HEALTH BOARD
MEETING TIME
The Jefferson County Board of Health will be meeting on Wednesday, May 28,
1997 at 1:30 p,m. at the Courthouse in the County Commissioners Chambers, First Floor, 1820
Jefferson Street, Port Townsend, W A 98368.
Next month the regular schedule for this meeting will be resumed, which is the
fourth Tuesday of each month at 1 :30 p.m.
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May 7, 1997
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Jean Baldwin, Nursing Director
Castle Hill Center
615 Sheridan
Port Townsend, Washington 98368
Dear Ms. Baldwin:
I am happy to write a letter of support for your organization. The
development of a data base that will allow better tracking of the
immunization status of our children is a benefit to all of us.
Centralizing the data base for immunization is a goal state and
Health Plan Officials are anxious to reach. The difficulty has
always been in getting complete buy-in from providers, as well as
payers, as to how this system would work. The idea of a local
computer data system in Jefferson County, which would be compatible
with a state wide centralized data base, is attractive to KPS.
As you know, we are currently involved in an Immunization Task
Force which is seeking approaches to an improved immunization
status for the children in our health plan. One aspect of improving
the immunization rate, we believe, is to maintain an accurate,
easily assessable and affordable centralized data base for
immunizations.
KPS supports your efforts in obtaining a computer data system to
track immunizations in Jefferson county, and I am happy to write
this letter in support of your application for a grant from the
Office of community and Rural Health.
s;~, ,~/7 .
Mel Beldin~
senior vice President for Medical Affairs and
Medical Director
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County Health & Human Services
June 23, 1997
'.t.
Ms. Linda Sexton
P.O_ Box 491
Chimacum, W A 98325
Re: Violation of Solid Waste Health Codes
Dear Ms. Sexton:
At the May meeting of the Jefferson County Board of Health, a hearing was held
concerning your appeal of a Health Officer decision that you either: 1) make application
for a solid waste facility permit or 2) initiate a plan for clean up of your properties that are
in violation of solid waste regulations. Your appeal was denied. Your attorney, Mr. Mark
Beaufait, assured the Board that you would enter into a multiple site agreement to comply
with applicable solid waste regulations. The Board directed the Health Officer to work
with you and your attorney on a compliance schedule and required that you stop
collecting new materials until an agreement could be reached. The Board further
required a progress report be made at their June meeting (see enclosed Health Board
Minutes -- May 28, 1997).
At today's Board of Health meeting, a progress report was made concerning your case.
Regrettably, we informed the Board that you have continued to run advertisements
seeking additional waste materials and county residents have reported deliveries of waste
materials to your property_ A neighboring property owner in Chimacum testified to the
Board that you have made no effort to clean up the property that lies adjacent to his. The
Board was further informed that a draft agreement was being reviewed by the Jefferson
County Prosecuting Attorney and we expected final approval of this agreement in the next
several weeks.
Quite frankly, Ms. Sexton, I am disturbed by your apparent violation of the ruling of the
Jefferson County Board of Health. In accordance with the Board's directive, we have
drawn up an agreement that requires the immediate cessation of all new "collections" and
an enforceable plan for cleaning up the outdoor areas where deteriorating materials are
currently stored. Failure to sign and abide by this agreement will subject you to
enforcement ofJefferson County Code 8.10 and WAC 173-304, each of which is a
misdemeanor offense that carries a penalty of up to $1,000.00 and 90 days of
imprisonment for each day of continuing violation.
HEALTH
DEPARTMENT
360/385-9400
ENVIRONMENTAL
HEALTH
360/385-9444
DEVELOPMENTAL
DISABILITIES
360/385-9400
ALCOHOL/DRUG
ABUSE CENTER
360/385-9435
FAX
360/385-9401
Illegal operation of a solid waste dump constitutes a serious threat to the public health. If
you are unwilling to abate this health hazard, we will have no recourse but the pursue
enforcement through criminal prosecution. Please do not hesitate to contact me if you are
in need of additional information.
Sincerely,
~~~~
Thomas Locke, MD, MPH
Jefferson County Health Officer
c: Mr. Mark Beaufait. Attorney for Ms. Sexton
,Mr. Glenn Huntingford, Chairman, Jefferson County Board of Health
Mr. Larry Fay, Director, Jefferson County Environmental Health
.
. HEALTH BOARD MINUTES - MAY 28, 1997
PlIge3
.~
ft." ENVIRONMENTAL HEALTH DIRECTOR'S REPORT
NOTICE OF VIOLATION APPEAL: LINDA SEXTON. APPELLANT: Larry Fay explained
that the Appellant, Linda Sexton, has been collecting materials and operating a solid waste facility without
a permit on her property located at 6264 Beaver Valley Road. He then passed around photographs
showing the condition of the property. Larry Fay defined "Solid Waste" as cited in the RCW and WAC.
The Appellant was informed in a notice letter dated February II, 1997 that she had 30 days to either:
I) Begin the solid waste facility permitting process; or
2) Initiate a plan for clean up of the property
She was also informed that if she wished to appeal the Environmental Health Director's decision, she could
do so in writing, within 15 days, to the Board of Health (See attached letter). Chairman Huntingford asked
if this appeal is solely on the solid waste issue or if there are septic issues? Larry Fay replied that the
Health Department is working on resolving other problems with the Appellant's property but this appeal is
just on the solid waste issue.
Mark Beaufait Attorney for the Appellant, stated that Ms. Sexton does not collect and discard items, she
actively selects quantities of items. He said that the Appellant agrees that some items must be stored inside
or covered up and if done properly it would not fall into the category of a solid waste facility.
Linda Sexton Appellant said that she is providing a service that the County should be doing, by recycling
and reducing solid waste. She feels this is an expression of her religious beliefs and her need to prepare for
the future. She is willing to work with the County and follow a compliance schedule but would like to
continue providing this service.
Commissioner Wojt asked what kind of requirement would there be for a person to establish a solid waste
facility? Larry Fay replied that it would probably fall under the recycling provisions. He went on to
discuss the conditions that would have to be met.
A letter (see attached) was received from Port Townsend Realty regarding another piece of property
owned by the Appellant with the same kinds of problems. Chairman Huntingford asked if a multiple site
agreement could be reached? Mr. Beaufait responded that he feels the regulations apply equally to each
property. Chairman Huntingford directed the Health Officer to work with Ms. Sexton and her Council on
a compliance schedule and that she is required to stop collecting until an agreement can be reached. This
matter will be brought back before the Board at the next Board of Health Meeting. Some items that need
to be addressed in the agreement are what type of material can be collected and how they are stored for
future use. It is a concern that some of those materials, if stored improperly, are an environmental, health,
and fire hazard.
APPEAL OF SEWAGE PERMIT DENIAL: ROBERT SMITH. APPELLANT: Mr. Smith stated that
he purchased property about 1 Y, years ago and the surrounding properties had working septic systems that
have been there for many years. Mr. Smith has done a lot of research on available alternative systems and
has selected the White Water Treatment (WWT) System. Mr. Smith said that Jim Nims, a registered
engineer for WWT drafted a plan for him who then applied for a septic system permit and was denied. Mr.
Smith feels that the WWT system is a proven device and that the property will support it. He then
introduced Mr. Nims who discussed how he came up with the septic plan. Mr. Nims stated that the Health
.-
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Human Services
January 22, 1997
Paul McTIrath
Chief Deputy Prosecutor
Jefferson County Prosecuting Office
POBox 1220
Port Townsend W A 98368
RE: Third Notice of Violation - Linda Sexton, Parcel Number 901253002, 6264 Beaver Valley Rd.
Dear Paul:
The above-referenced site of Linda Sexton is still in violation of Washington State and Jefferson County regulations
regarding: solid waste, sewage, and water, The enclosed letter to Ms. Sexton sets out the details of the violations and
the pictures will help you understand the magnitude of this problem.
The owner has not responded to any of our violation notices, therefore, this matter is being forwarded to your office
for further legal action, If you decide not to pursue this matter, please notiiY me so that I may understand the reasons
and can adequately explain the situation to the public.
Thank: you for your time and effort in this matter.
~y
Randal Marx
Environmental Health Specialist
Enclosures
HEALTH
DEPARTMENT
360385,9400
ENVIRONMENTAL
HEALTH
360/385,9444
DEVELOPMENTAL
DISABILITIES
360.'385-9400
ALCOHOL/DRUG
ABUSE CENTER
360/385-9435
FAX
360/385-9401
Human Services
CERill'llilJ, RETURN RECEIPT REQUESTED
Linda Sexton
POBox280
('h;m~"un W A 98325
January 22, 1997
Re: THIRD NOTICE OF VIOLATION 6264 Beaver Valley Road, 901253002
Dear Ms. Sexton:
Thank you for meeting with me January 9th and taking the time to inspect your properties on Beaver Valley Road.
My letter to you dated November 05, 1996 notified you that you are in vi01ation of state and 10callaws regarding: solid waste,
sewage, and water. To date you have not made any a&uqJL to come into compliance with these laws, The following sununarizes
my findings on January 9th regarding these ongoing violations:
Solid waste: WAC 173-304-100 defines "solid waste" as (among other things) "discarded commodities." Because you
collect "discarded connnodities" throughout the county and store them in piles, you are subject to WAC 173-
304. Since you have not recycled at 1east fifty percent of your inventory in the last three years you are not
considered a recycling fiIl:ility, (WAC 173-304-300, 3,c,i) You are considered a solid waste handling fi1ciIity
and subject to the requirements ofW AC 173-304-400,
Sewage: The two cabins remain in violation of WAC 246-272 and JeffersonCounty Ordinance 2-77, Cabin I, nearest
the residence, must have the pennit fees paid for-$206.00 is past due, Cabin 2, furthest from the residence,
needs completion of the wet season evaluation and installation of an approved septic system before being
occupied as stated in previous notices of violation. Both cabins are occupied at this time.
Water: Because one well is serving three residences a public water supply is required, WAC 246-291.
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\ Randal Marx I
..' . Environmental Health Specialist
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'1=: Jefferson County Prosecuting Attorney
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..oEALTH
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.00.385-9400
ENVIRONMENTAL
HEALTH
360/385-9444
DEVELOPMENTAL
DISABILITIES
360/385-9400
ALCOHOL/DRUG
ABUSE CENTER
360/385-9435
FAX
360/385-9401
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welcome! (360) 779-1887, ._
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Human Services
CERTIFIED, RETURN RECEIPT REQUESlED
Linda Sexton
POBox491
Chimacum W A 98325
February 11 ,997
Re: Solid Waste Facility Determination, 6264 Beaver Valley Road, 901253002
Dear Ms. Sexton:
After careful review of your collection and storage activities this office has made an administrative determination that you
meet the definition of a solid waste facility and must therefor come into compliance with the appropriate regulations.
The Washington Administrative Code (WAC) 173-304-100 defines solid waste as (among other things) "discarded
conunodities." Because you collect "discarded commodities" throughout the county and store them in piles, you are subject
to WAC 173-304, Since you have not recycled at least fifty percent of your inventol)' in the last three years you can not be
considered a recycling facility, (WAC 173-304-300, 3,c,i) Therefore you are considered a solid waste handling facility and
subject to the requirements of WAC 173-304-400 and the permitting requirements of WAC 173-304-600. Violation of
Jefferson County Code 8.10 and WAC 173-304 is a misdemeanor offense and upon conviction subject to penalties of not
more than $1000.00 or 90 days imprisonment Each day the violation continues shall be deemed a separate offense.
(note: WAC 173-304 was preceded by WAC 173-301)
If becoming a permitted solid waste facility is too burdensome for you we are willing to work with you to remedy the current
violation provided you stop immediately taking in "discarded commodities" and submit a plan that details how you will
dispose of the remaining materials.
You have 30 days to either, (1) begin the solid waste facility permitting process or, (2) submit a closure plan for our review.
An appeal of our decision to the Board Of Health must be made in writing within 15 days and placed on the next agenda of
the Board of Health.
~~/1 /J
Randal Marx - v r
Environmental Health Specialist
cc: Paul McIlrath, Jefferson County Prosecuting Attorneys Office
,~
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... HEALTH
:F'
,." 1PAR™ENT
",0")/385-9400
"
ENVIRONMENTAL
HEALTH
360/385-9444
DEVELOPMENTAL
DISABILITIES
360/385-9400
ALCOHOL/DRUG
ABUSE CENTER
360/385-9435
FAX
360/385-9401
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Human Services
April 29, 1997
LINDA SEXTON
POBOX491
CHIMACUM W A 98325
Dear Ms. Sexton:
This letter is intended to notify you of the Wednesday, May 28,1997,
Jefferson County Board of Health Meeting. Per your request, you have been
placed on the agenda to be heard regarding your solid waste activities. The
meeting begins at 1 :30 and is held at the Commissioners' Chambers on the
lower floor of the Courthouse in Port Townsend.
Sincerely,
{J~ "y
Randal Marx
Environmental Health Specialist
RM/wg
cc: Paul Mcllrath, Deputy Prosecutor
CC?y
HEALTH
DEPARTMENT
360/385-9400
ENVIRONMENTAL
HEALTH
360/385-9444
DEVELOPMENTAL
DISABILITIES
360/385-9400
ALCOHOL/DRUG
ABUSE CENTER
360/385-9435
FAX
360/385-9401
To: Jefferson County Board of Health
From: Lawrence D. Fay, Jr
Environmental Health Director
Date: May 19, 1997
Re: Summary of Solid Waste Laws, Regulations and Permit Requirements
1) Statutory basis for solid waste regulation in RCW 70.95:
. 70.95.030 Solid waste defined - includes rubbish, nonputrescible waste, abandoned
vehicles and recyclable materials.
. 70.95.030 Disposal Site defined as a location where solid waste is treated, utilized,
processed or deposited.
. 70.95.170 Anyone operating a solid waste facility is required to obtain a permit.
. 70.95.240(1) "...it shall be unlawful for any person to dump, or deposit or permit the
dumping or depositing of any solid waste onto or under the surface of the ground. . .
except at a solid waste disposal site for which there is a valid permit."
. 70.95.240(2) It is a class 1 civil infraction to litter in an amount greater than 1 cubic
foot. (this may have been changed to a criminal infraction in the last legislative
session. )
2) Chapter 173-304 WAC - Minimum Functional Standards for Solid Waste Facilities:
. 173-304-100 Solid Waste defined to include rubbish, abandoned vehicles and
discarded commodities.
. 173-304-100 Solid Waste handling defined to mean the management, storage,
collection, transportation treatment, processing or disposal of solid waste including
recycling.
. 173-304-190 The owner or occupant of any premise is responsible for the legal
handling of all solid waste accumulated by them on the property.
. 173-304-195 Requires anyone operating a solid waste facility to obtain a permit.
. 173-304-300 A facility is not considered to be recycling ifless than 50% of the
material has been recycled in the last three years and any material has been onsite
more than five years.
3) Section 8.10, Jefferson County Code:
. Adopts state minimum functional standards by reference.
CERTIFIED, RETURN RECEIPT REQUESTED
November 5, 1996
Linda Sexton
POBox 491
Chimacum WA 98325
Re: 6264 Beaver Valley Road, Section 25, Township 29, Range 1 West
NOTICE OF VIOLATION
Dear Ms Sexton:
On October 14, 1994, you were given a notice of violation for having a
residence without an onsite sewage disposal system, as is required by
Jefferson County Ordinance No. 2-77, Rules and Regulations for Onsite
Sewage Disposal Systems. Specifically, you were notified that:
Every residence, place of business or other building or place where
persons congregate, reside or are employed, to which a public
sewerage system is not available, shall be provided with a water-
flush toilet system connected to an on-site disposal system or
shall have an alternative device for the disposal of domestic
wastes.
On March 17, 1995, you were again notified that you were in violation of
Ordinance 2-77 for having several residences without a proper onsite
disposal system. You were notified that prior to the installation of an
onsite sewage system, a valid permit shall be obtained. You were also
notified that you must have an approved water system to serve the
additional residences.
On December 14, 1995, you were notified that the additional residences
must be removed as they had not been hooked up to an approved onsi te
sewage disposal system. You were notified that the cabin nearest the
main house could use the system that was installed without a permit, but
that a permit fee is required. That fee has not yet been paid. A wet
season evaluation has been submitted for the second cabin. It is not to
be occupied until it is served by an approved system.
On March 11, 1996, Mike Ajax, Building Official, notified you that you
were to work with Linda Atkins to obtain sewage permits and an approved
water supply for the two cabins; and you were to contact me regarding
"garbage and refuse."
,
"
Linda Sexton
November 5, 1996
Page Two
To date our records indicate that you have not applied for any sewage
disposal permits or made any progress on obtaining an approved water
supply. The amount of garbage and refuse continues to grow. The
October 30, 1996, LEADER indicates you are still renting out both cabins
on your property. In addition, this office has been notified by a
prospective tenant that you did accept a deposit to rent the second
cabin.
This letter is to inform you that the property remains in violation of
the following regulations: the onsi te sewage regulations of Jefferson
County, Ordinance 2-77 and WAC 246-272, water supply regulations WAC
246-291 and for Solid Waste Handling regulations, WAC 173-304. Please
be advised this matter has been referred to the Jefferson County
Prosecuting Attorney for legal action.
Sincerely,
Randal Marx
Environmental Health Specialist
RM/wg
cc: Jefferson County Prosecuting Attorney
,
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FEB 23 1996
21 00 HAMMERLE
WEST LINN, OR 97068
Jefferson County Prosecuting Attorney,
En...lronment~l He~lth, Plenning Dept, ~nd
Heelth Dept.
Dear Sirs,
I wish to lodge e formal compleint with regerd to a number of issues 011 of
which are interrelated, thus prompting me to eddress all of you by the same
correspondence. I have placed concerns with aanning and ~nvironmental Health
last summer by phone and received a polite ear with the promise that I would be
notified of actions taken. The fact that I was not notified indicates to me that no
action was taken, however that may not be the case, In any event the situation has
worsened and I now Intend to eppeal to the law In order to seek relief If you are
unable to apply administratIve Injunctions,
I own a five acre parcel in Beaver Volley, tax - 901252003 , located at
6265 Beaver Volley Roed. It is contiguous to 0 parcel on its west boarder owned
by a woman who calls herself Linda Sexton but whose actual name is Linda
Perucca. Ms. "Sexton" is using that land in numerous ways which violate land use
planning, environmental protection, waste and water laws, trespass, and garbage
disposal The facts are these.
When I applied for a building permit some time ago I was informed that each
residence needed a separate water source, I was also informed that development
of property Into separate living units implies easement size requirements. I was
informed as well that each residence must be on an approved septic system. I was
informed that each domicile must comply with all safety standards in order to be
~pprg'!~1 fgr 9~~J)penc~ Ms.. Saxton has violated all of these requirements with
impunity. I want to know why this is allowed. The process appears to me to be__
blatantly illegal and seriously Jeopardizes my water supply obtained and approved
In compllance with all regulations. The property I bnng to your attention now
holds more than seven separate units, each one rented on the open market. She has
in fllct created a troiler park. Each unit is connected to the some water sultPly, 0
single well. I don't believe there are any approved septic systems in place. At
least one acre is devoted to use as a garbage dump and is very full, continuously
ey-panding, attracting vermin and unsafe leaching into the water supply. I want to
see copies of permits issued by your respective departments for refuge disposal,
IJse of Ii common water source, trailer park development and pertinent permits
with regard to Jend USe pianning and environmental protection, tax designation for
current IJ~i:', eo':isment authoritie:o, and relevant business licenses. in addition, in
gn id7c \~lTipt to prot~ct my property from ;;buss by the numerous renters I have
"
-
placed barriers.. chains and 1/2 inch coble ocross I.lny I.lccess points to thet
property so that the legal easement to the south would be used. These restrictions
hove all been cut, destroyed and removed several times. In addressing the
violation with her directly I have been told that she refused to honor or respect
the property line as her renters needed easier access, I do not live there so I
havel'o alternative method of enforcing my rights unless the prosecuting llttorney
wi1l1end assistance. There are now three" roads" which have been created In the
past months by this process further deteriorating my property end representing
intentional and criminal trespass, I want this to stop.
,...Even the casual observer would be shocked by the extant and obvious nature of the
violations I am pointing out to you, I respectfully request that you investigate
these matters to your own satisfaction. In the meantime, please forward copies
of the relevant applications and permits issued for the uses I have designated. I
am also requesting the narrative record of any investigetions made or completed
following the issues raised last summer, Everything that is a matter of public
record I would like copies of, or be informed as to what records lire in plllce
pursuant to an anticipated moyement for formal discoYery. I need your cooperetion
in protecting my rights, my property and in seeking compliance with pubHe law
and administratiye regullltions. 'If I em not able to obtllin this assistenee I w11l be
forced to bring suit ogainst Ms. Sexton and will at thot time also name releyont
county departments for failure to enforce their own body of legitimote rules,
regulations, codes end compliance stllndards. I am frustroted by 01 process thllt
has gone on now for three years, which increases with respect to quentity and
severity of the ebuse,and which appears to be immune from county euthorlty
despite direct documented efforts to olert your concerns. I would very much
appreciate your attention to these mlltters so that we may oyold 0 forum tl1<1t is
more combative and less constructive.
Respectfully Yours,
7J1~~
Michael Sexton
1820 Jefferson Street
PO Box 1220
Port Townsend, WA 98368
Daniel Harpole, District 1 Glen Huntingford, District 2 Richard Wojt, District 3
December 12, 1997
CERTIFICATE OF CLERK
I, Lorna L. Delaney, do hereby certify that I am the duly chosen, qualified and acting
Clerk of the County Board of Commissioners of Jefferson County Washington, and keeper of the
records of the County; and I hereby further certify that the attached are true copies of the official
records of Jefferson County:
DATE
DESCRIPTION
PAGES
5/28/97
Board of Health Meeting Verbatim Minutes
Notice of Violation Appeal, Linda Sexton
8
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
County .
I
, ,
Lorna L. Delaney, Clerk of
the Board of Commissioners,
Jefferson County, Washington
... "".-
'J$I)'" :;:,.-.'#./
-"~-'--'- -_#.
Phone {360}385-9100 / 1-800-831-2678 Fax (360)385-9382 ieffbocc@co.iefferson.wa,us
Jefferson County Board of Health
May 28, 1997 Meeting
Notice of Violation Appeal, Linda Sexton
Larry Fay: Mark Beaufait has written, since I put this package together to let us know he is
representing Linda on this and I talked to Mark this morning so I'm sure that everything is
???? In a nut shell I didn't include the entire file in your packet. I included the basic
information that we've dealt with up to this point. Including our February 11 notice of
violation to Linda regarding the materials that she had accumulated on her property that
we have viewed as a violation of solid waste regulations. We have taken the position that
Linda Sexton has been operating in effect as a solid waste facility by collecting materials
from around the City and around the County and accumulating them on her property
located, I think, 264 Beaver Valley Road. This is 2 or 3 miles South of Chirnacum and
kind of across the valley . You kind of have to know where to look across the valley to see
where it is. This. . .I guess I will start with the circulation of some of the photos that
Randy Marks took on the 1" of January on a site visit with Linda on her property down
there, when we first met, well not first met, but met with her to discuss some of the issues
around solid waste, solid waste handling and solid waste disposal. I guess for the back
ground for the Board, trying to give you some idea of why we sent the notice that we did
and in the manner that we did. I went back to some of the RCWs and the Washington
Administrative Codes that deals with solid waste handling and both the, well the RCWs
define solid waste as rubbish, nonputrescible waste, abandoned vehicles and recyclable
materials and the WACs define solid waste as rubbish, abandoned vehicles and discarded
commodities among other things. The RCWs define disposal site as a location where solid
waste is treated, utilized, processed or deposited. The WACs define solid waste handling
as the management, storage, collection, transportation treatment, processing or disposal of
solid waste including recycling. The RCW states that anybody operating a solid waste
facility is required to obtain a permit. That is carried through in the WAC. Anyone
operating a solid waste facility is required to obtain a permit. Further in the WACs it is
unlawful for any person to dump or deposit or permit the dumping or depositing of any
solid waste onto or under the surface of the ground except at a solid waste disposal site for
which ere is a valid permit and that also carries through a little bit different language in the
WAC. The owner or occupant of any premise is responsible for the legal handling of all
solid waste accumulated by them on the property. After looking at Linda's property. .
.Linda Sexton's property and discussing what she has going on there and what some of her
plans are in the future for possibly operating a second hand store ??? and dealing with
some of these materials. But looking at the condition of what is going on there in the
volumes and years, I guess that have gone into accumulation of this stuff, we determined
that the best approach to take was to either have her become properly permitted as a solid
waste facility and meet the facility standards of the RCW and the WAC or to begin a
developing a closure plan and start cleaning up the site and getting out of that whole arena
being kind of an alternative waste management facility. That was really the gist of our
notice to her in February. That she was operating out of compliance with the WACs and
that we gave her 30 days to either start the process for obtaining a solid waste facility
permit or initiating a plan for cleaning up the site and closing down the operation. I think
Linda Sexton Appeal- May 28, 1997 Health Board Meeting
Page: 2
that we did advise her in the letter that our notice of violation was appealable to the Board
of Health. File a written notice, which Linda did do on February. Essentially I believe
that she and her counsel are going to argue that she is not subject to solid waste facility
standards and I think that is what they are here to do.
Before we turn it over to them, can I ask another question? I thought I read
in the packet that there was also some type of notice of violation for septic
issues. Is that a concern at this appeal or strictly on the solid waste?
Chairman Huntingford:
Larry Fay: We are strictly dealing with the solid. . . we're working with Linda on a couple of issues
on the property. But this is limited to the solid waste.
I'll bring that up and give you a chance to look at that if you would like.
Some letters from some of the neighbors and some of the issues there. So
we'll give you a chance to look at that if you'd like_ Would you like to
wait and look at it first or would you like to go on?
Chairman Huntingford:
Mark Beaufait:
I think I will go ahead. Are we on the. . .?
Chairman Huntingford:
Weare being recorded.
Mark Beaufait:
This is Mark Beaufait. I'm here on behalf of Linda Sexton and she will be making
a short statement too. Based on her views and as to consumption of resources by
our society and her religious background, she collects commodities and believes
them to be valuable. I think you may have seen some of the advertisements ?????
about picking stuffup_ She is now being much more selective about what she is
picking up_ They're not discarded, in that she is actively sought them out. So we
don't believe falls within the definition of a solid waste facility. The pictures,
candidly does not look too good and the paints and household paints and chemicals
need to be stored inside and 1 think that with the appropriate conditions this would
neither be a recycling facility, which technically deals with processing materials for
recycling. It would more be a storage for a second hand facility. She has run that
before and intends to run one again. And so I think that with the appropriate
conditions this is not a violation and in that it is not solid waste involved and it
would not be a recycling facility if you keep the things enclosed and covered, then
it doesn't fall within that category. So basically it is important to Ms. Sexton to
collect what she believes to be important commodities and I believe that it is still
one of her freedoms to be able to do that with her own property.
Chairman Huntingford:
Linda, would you like to go ahead?
Linda Sexton:
Yes. I guess the problem comes down to we're defining solid waste and I declared
that I do collect solid waste. I advertise in the paper for hauling away people's
leftovers from garage sales and that is primarily what I do. So probably 95% of
what I have has. . .is what would look presentable to. . . that which is outside of an
enclosed area or covered area, looks like it could be waste. I don't consider. . . I
am probably the ultimate person to value all resources, so that I've broken down
Linda Sexton Appeal - May 28, 1997 Health Board Meeting
Page: 3
cardboard, mulch, rotten wood, mulch. I ??? broken rubber band, So... I don't.
. . there is very little waste. I do have some waste but it is real minor. So I do not
feel like I fall into the definition of a facility. This is what. ' . who I am, what I
do. There is no money in it. It is just costing money. It is something that the
County should be doing. I know that the. . . where all this law comes from, comes
from federal concern for reducing solid waste or energy conservation and that then
means energy reduction to reduce waste and that is what one of the things 1 am
doing, reducing solid waste, preventing it from going to landfill and becoming
solid waste, The recycling I would like to do. I would like to be able to realize an
income and not just a cost in it. I don't do it for any financial reasons. It is a part
of my religion, what I believe to be my, who I am, my identity, of one of the
reasons why I am here on earth It has to do with my vision of the future. I come
from a Christian point of view. I feel that I need to prepare for some end times that
will be, in povertished times and that the goods that are collected at this point and
trying to be taken care of and Lord knows I have gone into great debt over it,
$50,000. I wish the County was doing this. I'm reducing waste and then I'm
trying to recycle it. But not for money, or for any virtue in it. It is part of my
relationship with God on a daily, daily basis. It is an expression of my religion. I
liken myself that if it has to be, to Noah building an arc off there in the corner. He
had an understanding of the future. He felt like he had a message from God to be
doing a certain thing and he was doing it despite the ??? in it and the ???? Like
buying an Alaska ice block. So it is hard for me to defend myself, because it
doesn't make too much sense. But then maybe religion doesn't make too much
sense. I am being faithful. So what 1 want to do is I want to satisfy the County, I
want to satisfy my neighbors, I want to continue to do what I'm doing. I'm willing
to be. . .go through everything. If somebody wants. . .the law enforcement wants
to go through thing. We need to put or you know, help me. Help me be who I am,
do what I'm doing. Provide a service to this community. Set an example for the
local government. Perhaps you all should be taking in this stuff, having a building,
reselling it to the public. Lords knows there is a need for it. So, I'm willing to
look at the compliance schedule. I'm not willing to abate my activity, because it is
my business. It is my constitutional right. I'm concerned about health, the
environment. As I say, the resources are sacred, the land is sacred, water is sacred,
air, my neighbor is sacred in his ill feelings. So, I have a care and concern for all
of that and I want to do what is necessary to make every bodies concerns be
satisfied in the right direction. And I say that I have been trying to do what is right
for the last 15 years, 20, 25 years since I have been in this County. And I could do
a lot. . .I could probably do my job a lot better if I feel that the Department of
Health has let me down regards to other issues. So, I need to have. . .I resent being
related to as a violator. Which I have had to wake up every morning for the last 15
years and feel like a criminal or a violator. It has pretty much destroyed my life.
Not destroyed my life, it's definitely put a black cloud over it. 1 would sure like to
get rid of it. I am limited by my resources, my financial resources. I am also
limited by time. I have been a single parent, with 3 children, part time custody
trying to support me and my 3 kids. I've tried to put my resources into developing
rentals on my property so to sustain myself, which the GMA put a stop to that.
I've been selling firewood for the last few years. There is no other woman that
Linda Sexton Appeal - May 28, 1997 Health Board Meeting
Page: 4
could come close to me and probably hardly even another man. And that is to put
bread and butter on my table and to pay also for what I do, which has cost me
money. So, maybe the County and myself. . .we could have some kind of
relationship that would be cooperative in fact to solve a common problem and to
meet both of our needs and make it a productive thing for the whole County,
because I sure would like to be paid for what I do.
Mark Beaufait:
I think actually what we would be asking of the Board here is a remain of the
conditions so that it would not be a waste facility. As you may know the process
of permitting as a waste facility is very elaborate and that is not what she is
intending to do and so our conditions with you and staff can work out for a ??? so
that there is not a violation and it would not be a waste facility under the statutes
and rules. I think that would be appropriate and with some kind of compliance
time frame and then it would not necessarily be a, at least at this point we were a
violation ???? to be deferred pending compliance with that strategy so it would not
be a waste facility and I think that is what the law requires is that she is not going
to get a waste facility permit. So in many respects it is a condition that you all
apply to this situation with use of commodities that she has saved.
Larry Fay: I'd essentially. . .the second half of what we had requested in the notice was to either start
the process to become a properly permitted solid waste facility complying with facility
standards or submit a closure plan, maybe we didn't put a lot of detail in the closure plan,
but explain what we are going to do with existing materials to get into compliance and
what is going to happen in the future to assure the remaining compliance without
becoming a solid waste facility. In that area where. . .in agreement that is the objective
that we were looking for as well.
Mark Beaufait: 1 think that you could put into some sort of conditions exactly what you consider
needs to be abated under the rules, so that it is not a waste facility given her,
Linda's, religious position or her attempt to save commodities and doesn't consider
them discarded and then we could go from there with that.
Commissioner Wojt: In terms of solid waste facilities, what are exactly would be requirements
upon an individual to establish such a . . .
Larry Fay: This kind of operation would probably come under the recycling provisions, if we were
going to permit it as a facility. Some of its commodities that she is not going to want to
handle for resale and some of the things that I think that ultimately she is going to be
looking at. . .kind of scraping out and selling it for whatever value there is in material.
There would be a land use element to it. Is the use consistent with zoning for the area?
You would have a SEP A review which, for a recycling facility, assuming we're talking
about handling in the way of toxic or hazardist material, it probably would be fairly simple
process they would develop an operations plan that describes all the materials that we're
going to handle, how are we going to handle them, quantities, inventorying, record
keeping and then regular reporting to the Health Department of what is going on, access
??? to assure that they're complying with the operations plan that we've reviewed and
approved. There is not a lot of real specific requirements in the WACs. . .detail kind of
Linda Sexton Appeal - May 28, 1997 Health Board Meeting
Page: 5
requirements it really hinges to what are you planning to do, and the development of your
operations plan that you have some kind of scope that you're working within, and most of
that comes from the person or the facility that is proposing to become permitted. It is not
going to be the same kinds of siting and environmental constraints that the County has, say
in operating the transfer station at the closed landfill. There is obviously a different kind
of environmental or public health risk associated with that kind of thing.
Commissioner Wojt:
Well, one of the interesting things is I thought I heard used paint is stored.
Larry Fay: There is some, Randy?
Randy Marx: Yeah, some. Not in the magnitude of the other items.
Larry Fay: That's not. . .it is a matter of concern but not one of the major. . .
Commissioner Wojt:
One of the things that I heard is that you said she is concerned that the
County doesn't recycled. I think that actually we do have a moderate toxic
waste facility, At least that can be cleaned up.
Larry Fay: Yeah, we could require cleaning up that kind of stuff ???? The question becomes is this
household hazardous waste or with the small quantities generated, who is going to pay for
disposal costs. Household hazardous waste, the stuff that we accumulated as individuals in
our own course of activities is paid for by the County and State but the small business
small quantity generated waste. In the process of collecting this and accumulating it you
could argue that ??? becoming small quantity generated.
Commissioner Wojt:
Or you could argue that she did it for her neighbors and also.
Larry Fay: Yeah, sure. That is something that we would be able to work out in the plan.
Chairman Hunting-ford:
O.K. For the record before we move on, there was a letter given to us
during this meeting, from one of the audience members and a letter just
from Port Townsend Reality and signed by Mary Lou Montgomery and
Richard Spender and we will make that part of the record. It refers to an
additional piece of property, I presume in Chimacum, that has the same
problem as your current residents. And they are concerned about that, so
would this agreement, if we reach agreement, carry over to other properties
that have the same problem? The violation was strictly with the. . .
Linda Sexton:
It seems to me it is all kind of similar. It falls under the same idea.
Mark Beaufait:
I think the regulations apply equally to properties.
Larry Fay: We could work on kind of a multiple site plan. That would work.
Ted Shou1berg-:
I'm a little unclear. You said that there was an agreement in a compliance,
remand, rebating. . . both sides agreed to something. . .
Linda Sexton Appeal - May 28, 1997 Health Board Meeting
Page: 6
Larry Fay: No, no. Mark had suggested that what they would like to see is a remand or probably a
stay of a decision on this appeal and on the designation solid waste facility and work on a
compliance schedule to avoid that whole designation. Which actually suits our purpose as
well, as long as we can adhere to the compliance schedule and get the area cleaned up and
operating.
Ted Shoulberg:
Yeah. So that the compliance schedule, is there an agreement on that?
Larry Fay: In concept. We haven't worked out detail. That is the question, do we try and hammer
that out, if we take that approach, do we try and hammer that out right now? We will do a
follow up meeting to go over that and maybe that is something that we can work with
Paul's office and identify with Mark specifically, what would we see as compliance and
what kind of time frame is acceptable and see if we can work that out outside of this arena.
Randy Marx: One thing I would like to be sure to come to agreement on is if we go the
compliance route, then we need to at least put a halt on the collection of the
materials until it is at a manageable level, they are in compliance.
Ted Shoulberg:
Mark Beaufait:
Ted Shoulberg:
Mark Beaufait:
What is the disagreement? I mean what. . .I know your client does not have to
quantify. It is her life, whatever she chooses to do. But you as her attorney need to
quantify where the level of disagreement are. Is it collection? Is it storage? Is it
type of material? Where. . .I fail to see what specific items are being disagreed on.
We are contending that by type of material, that it is not solid waste. That it is a
commodity that she collects and therefore it doesn't fall under this. For the
purposes of the neighbors and ???? of paint and making it, rather than fighting all
of that, the idea is to concede in part that the County has a concern. Where you
say, we consider it solid waste and it wouldn't be a solid waste facility unless you
do X and then we would take it out. Ms Sexton doesn't want to, when we talked
earlier, she and I, does not want to stop collecting materials but there might be
some conditions, I don't know what that might be or it might be temporary
suspension pending upon what the conditions would be. I would have to talk with
her a little bit more about that. She didn't want to necessarily stop at this point.
1 don't mean to monopolize the time. It is still unclear. You said, to me it is a
definition of problem. It doesn't. . .not from a legal standpoint whether you call it
discarded commodities or solid waste, that does not get to the solution. The
solution is the agreement on the behavior of the materials. You can call it what
you like, but as long as you agree in the compliance report with the Health Officer
to do a certain specific action, to cure the problem that exists now, and if she wants
to continue to collect things, that is another issue and how she stores them. So the
definition of what you call it right now is, to me, it is not the issue The issue is
what kind of behavior are we going to get that solves. . .that since you did agree in
concept, what kind of behavior is going to happen to flush out this conceptual
agreement. That is all I care about.
That is right. We are looking for, in essence the minimum control that you and
Linda Sexton Appeal- May 28, 1997 Health Board Meeting
Page: 7
staff will agree upon that allows her to collect commodities and what those
conditions are. So ultimately we are looking for some instruction on that.
Ted Shoulberg:
But wouldn't you think that before you got to the next. . .that is the future
collection. . . that you would need to deal with the present?
Mark Beaufait:
Yes.
I mean I am asking you. . .it would be my belief that you would need to deal with
the present, which is the storage of the material on site, in a manner that is
reasonably consistent with the laws
Ted Shoulberg:
I agree with that. Ms Sexton, for her own reasons and for her sincere beliefs will
want to continue collections, that is not saying that we won't go along with a
temporary suspension. . .
Mark Beaufait:
Chairman Huntingford:
Commissioner Harpole:
Commissioner Wojt:
O.K. Lets see if we can kind of wrap this thing up and move on. We heard
from staff say that they have some concerns, I do too, seeing the amount of
paint and other things that are being stored there, at least a temporary stop
possibly. I think that is maybe a good direction at least to start out with. I
think we should leave it up to staff to work with Ms. Sexton and her
counsel to come back with something for us for the next board meeting, but
I think it is important at this time that we put a stop to any additional
collection until they resolve this. One of the issues seems to be what type
of materials. . . there might be some consideration of what kind of materials
can be collected. Storage of those materials, are they going to be stored
inside and protected so that they are usable in the future? That they. .at
least appears from the pictures and the site in Chimacum that many of those
materials cause other hazzards. Fire hazzards and other things and I know
in Chimacum, I drive by daily, not trying to make an argument one way or
another but they certainly don't look like they are going to be used again.
They appear to be rotting into the ground. So we need to look at those kind
of things. Do we need indoor storage? Do we allow outdoor storage or not
on site? Those type of things. Those are some of my concerns. I don't
know about the other board members. We need to address those things,
because there could be some health hazzards there involved in this.
I agree with Glen's comments and I think that the best strategy would be, as
he said, the Health Officer to work with counsel and Ms. Sexton and come
back with a compliance schedule. But I also agree that in the interim, the
collection has got to stop until we have the compliance schedule agreed
upon.
And until clean up is agree to and done.
Larry Fay: I guess, in effect we don't a final decision on whether or not she is currently operating as a
facility, we work together on a compliance schedule and bring that back and it is
Linda Sexton Appeal - May 28, 1997 Health Board Meeting
Page: 8
acceptable to the Board and track how we've gone with that and hopefully get Linda in a
situation where she can do some of the things she wants to do and avoid getting so
extensive that she has been subject to solid waste regulation or other violations.
Commissioner Wojt:
Isn't one of the other concerns is that not only is she willing in voice but in
action?
Larry Fay: Yeah, that is what I mean in try to put it in clients tracking what is happening. . .
Linda Sexton: Hold on. I don't think that I've broken any law. So, I don't think I should have to
stop what I'm doing, because that is a practice of my religion. That is like saying I
am going to have to stop praying or going to church or going to collect those things
from those people. But I think that I'm concerned, but I think that the bottom line
is the health, the hazardous waste that must be it. That appears to me. So, it is
enclosure and protection. So, it seems to me that I can, we can immediately begin
to talk about what it is, . .how these things that I have need to be kept. What things
cannot be kept? And how they should be kept? So, how is it that I would be
having to stop myself because I'm in violation which I say I am not?
Chairman Huntingford:
We can listen to your comments but the compliance issue has to be taken
care of and since we don't know what is on site, we see paints, there is a
possibility of motor oils, batteries with acid, we don't know. And I think it
is prudent for this Board at this time to require that the collection be
stopped until the compliance is taken care of and those issues are addressed.
I think it is really important and we are not trying to put you out of
business. We understand there probably are some useable materials there
that can be passed on to other people or sold, we understand that. We really
need to look at that site and how we're going to address these issues. 1
think it is prudent for us to do that at this time. So we are going to issue
this. . .or remand this back to staff to work with you and your counsel to
come up with a resolution to this and we will look at it at the next board
meeting. Thank you.
~, ...
STAFF REPORT
Robert Smith, Paradise Bay Estates, Block 4, Lot 16
Sept. 27, 1996 - Meeting on site - Linda Atkins, Robert Smith, Jim Nims
(designer). Soil logs observed in area proposed for primary drainfield, indications
of water table at less than 18" and site very small, 50' X 100'. The site is located
on a corner and a roadside ditch is present on two side of the lot on Shore and on
Hemlock Streets.
Mr. Nims, the owner and Linda Atkins discussed Jefferson County Policy
requirement for wet season evaluation due to evidence ofless than 18' of usable
soil, necessity to evaluate soils for reserve area and mitigation requirements if a
waiver is requested to horizontal setbacks or vertical separation.
Recommended that wet season evaluation be completed prior to application for
onsite sewage permit to determine if site is suitable for installation of a system.
Dec. 3, 1996 - Application for onsite sewage disposal and application for wet
season evaluation received.
Jan. 1 - March 31, 1997 - Wet season evaluation completed by Health Department
Staff. On February 6, 1997 a telephone message was left for Mr. Smith notifying
him that site was not suitable due to an extremely high water table (<12" from the
surface to a water table). On Jan. 8, 1997 water was observed at less than 12"
from the surface in both primary and reserve areas. There had been no heavy rain
since the 2nd and all of the snow was gone by the 2nd. On Jan. 29, 1997 water
was observed at less than 12" form the surface in the reserve area and at 13" from
the surface in the primary area. On March 5, 1997 water was observed at less
than 12" from the surface in the reserve area and at 26" in the primary area.
Rainfall results measured by the treatment plant in Port Ludlow were obtained
from the south Ludlow Bay area. They show approximately the same as in 1994,
not an excessive amount historically.
April 16, 1997 - Letter sent with full results and recommendations for
investigating offsite options and submitting this information to Assessor for
consideration in property valuation.
Port Ludlow Rainfall 93/94 - Oct. 1, 93 thru March 30, 94 = 21.6"
Port Ludlow Rainfall 94/95 - Oct 1,94 thru March 30,95 = 31.3"
Port Ludlow Rainfall 96/97 - Oct 1, 96 thru March 30, 97 = 23"
12/30/96 .7" 12/3 1/96 2.5"
1/16/97 .2" 1/17-19/97 2.0"
1/20/97 .1" 1/21/97 .2"
1/28/97 .5" 1/29/97 .1 "
2/1-2/97 ,1"
Human Services
April 16, 1997
ROBERT SMITH
29800 NE BENJAMIN RD
NEWBERG OR 97132
Re: WET SEASON EVALUATION, E Hemlock St. Paradise Bay Est, Blk 4 Lot 16
Parcel # 983-400-413, OTH96-0036
Dear Mr. Smith:
This office completed a wet season evaluation during the winter of 1996-1997 at the above
referenced site. The results/report are enclosed for your review.
Based on the inspections of the site an onsite sewage disposal system cannot be permitted
on the site at this time, Inadequate soil depth is present on the site to comply with current
Washington State regulations which required a minimum of 12" of usable, unsaturated soil
for both primary and reserve drainfield areas that meet all required setbacks. RainfaIl
was within normal range and was taken from the Port Ludlow area. You may choose to
evaluate off site options for onsite sewage disposal. This information may be submitted to
the Jefferson County Assessors office for consideration in property valuation.
If you have further questions please contact this office at 385-9444.
Sincerely
,A:-y,cl1H/~~
Linda Atkins
Environmental Health Specialist
cc James Nims, PO Box 5985, Vancouver Wa 98663
COpy
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DEVELOPMENTAL
DISABILITIES
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ALCOHOUDRUG
ABUSE CENTER
360/385-9435
FAX
360'385-9"2 '
HEALTH
DEPARTMENT
ENVIRONMENTAL
HEALTH
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PORT TOWNSEND WA 98388
13801 379.4450
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Receipt # 112.fY.:, /9
Check # ' 4(:1 I
Case # OTHctC,-00.3.b
WET SEASON EV
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LEGAL DESCRIPTION se~:' '~~:O:~i~~Ran~~II~~'cEL#t~~~~~) ~i ~;t~ I
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NOTICE CHANGE IN HEALTH
BOARD MEETING TIME
' The Jefferson County Board of
Health will be meeting on Wednesday,
May 28,1997 at 1:30 p.m. at the
Courthouse in the County
Commissioners Chambers, First Floor,
1820 Jefferson Street, Port Townsend,
I WA 98368.
Next month the reglllar schedule
forthis meeting will be resumed. which
is the fourth Tuesday of each mOI:lllJ <>1
1:30 p.m.
Glen Huntingford, Chairm<>n
Jefferson County Board of Heallh
49125-21
------------ - - ----.---
Affidavit of Publication
STATE OF WASHINGTON)
SS
COUNTY OF JEFFERSON)
SCOTT WILSON, being sworn, says he is the publisher of the Port
Townsend Jefferson County Leader, a weekly newspaper which has
been established, published in the English language and circulated
continuously as a weekly newspaper in the town of Port Townsend in
said County and State, and for general circulation in said county for
more than six (6) months prior to the date of the first publication of the
Notice hereto attached and that the said Port Townsend Jefferson
County Leader was on the 27th day of June 1941 approved as a regal
newspaper by the Superior Court of said Jefferson County and that
annexed is a true copy of the
Notice of Change in Health Board
Meeting Time
as it appeared in the regular and entire issue of said paper itself not in
a supplement thereof for a period of ~ consecutive weeks,
beginningonthe~daYOf May .19~.
& ending on the ~ day of May , 19B.
and that said newspaper was regularly distributed to its subscribers
during all of this period. That the full amount of $ 21. 00
has been paid in full, at the rate of $8.90 ($8.40 for legal notices
received electronically, m
sertion.
Publisher
Subscribed and sworn to before me this~ daynf Ma y
1 9.'lZ