HomeMy WebLinkAbout09 September
COMMUNICABLE
DISEASE CONTROL
PUBLIC HEALTH
NURSING
VITAL
ST A TI sTIes
ENVIRONMENTAL
HEALTH
HEALTH
EDUCATION
802 SHERIDAN PORT TOWNSEND, WASH. 98368
(206) 385.0722
HEALTH BOARD
Minutes of September 17, 1991
BOARD MEMBERS:
STAFF MEMBERS:
B. G. Brown, Chairman
Larry W. Dennison, Member
Richard E. Wojt, Member
Larry Fay, Director of
Environmental Health
David Specter,
Administrator
Nancy Gow, Director of
Nursing Services
J. Peter Geerlofs, M.D.,
Health Officer
CITY OF PORT TOWNSEND
REPRESENTATIVE:
Sheila Westerman
The meeting was called to order by Chairman B. G. Brown. The following
Board and staff members were present: Commissioner Richard E. Wojt; Commissioner
Larry W. Dennison; David Specter; Larry Fay; Nancy Gow; Celia Kadushin and Linda
Atkins, Environmental Health Specialists; and Mark Huth, Prosecuting Attorney.
Mr. Tom Kearney and Mrs. Shirley Lucas (Kearney) were also present.
APPROVAL OF MINUTES: Commissioner Dennison moved to approve
the Minutes of August 20, 1991 as presented. Commissioner Wojt seconded the
motion which carried by unanimous vote.
,~-
Health Board Minutes - September 17, 1991
Page: 2
ADMINISTRATOR'S REPORT
Financial Report: David Specter explained that a monthly status report
had not been provided as budget preparation has been the primary goal. The program
needs were assessed and then consolidated into the Department Budget and turned
in.
Proaram/Grant Update: David Specter noted that the State Consolidated
Contract application has been submitted with the increases and decreases balancing
out to about the same amount as last year. Brian Juel, a dentist with a Port Angeles
practice, has been chosen for the Dental Program.
Space Update: Progress has been made on the lease of property to the
County. Terms, including tenant improvement allowance and the starting date of a
lease, are being satisfactorily worked out. The design of the space under
consideration is being addressed.
ALETE (Automated Billina System): David Specter reported that there
has been progress on the ALETE system and that installation and training are
scheduled for October. Randall Daily, of Data Processing, recommends that the
system be set up with network capabilities. Initially there would be two users, with a
main computer and a remote terminal, and the potential of five users. The capital
outlay for a network system is $7,130 with a monthly rental of $625. The capital
outlay for a stand alone system is $2,020 with a monthly rental of $290.
The Board concurred that David Specter prepare and submit a recommendation to the
Board of County Commissioners for the purchase of the system best suited to the
needs of the Department.
APEX: Assessment Protocol for Excellence in Public Health: David
Specter reported that the first September meeting was postponed, but other meetings
are being held to work on APEX.
Health Board Minutes - September 17, 1991
Page: 3
DIRECTOR OF ENVIRONMENTAL HEALTH'S REPORT
Hearina " Onsite Sewaae Violation: 60 South Beach Drive. Port
Ludlow " Shirlev Lucas & Tom Kearnev: Mr. Kearney and Shirley Lucas were
present with Prosecuting Attorney Mark Huth, Environmental Health Director Larry
Fay, and Environmental Health Specialists Unda Atkins and Celia Kadushin.
Chairman BoG. Brown swore in all those giving testimony. Mark Huth advised Mr.
Kearney and Shirley Lucas of their legal rights before they gave testimony, as a
criminal charge could be filed. Mr. Kearney and Ms. Lucas waived their rights at this
hearing and chose to present testimony.
Unda Atkins submitted the following exhibits into evidence, which were accepted by
Mr. Kearney and Ms. Lucas, and allowed by the Board:
Exhibit 1: A letter from Linda Atkins to Ms. Lucas, dated July 8, 1991.
It was requested that the trailer be removed or an on site sewage
system be approved and installed (see Exhibit 1).
Exhibit 2: Letter sent by Linda Atkins to Ms. Lucas, dated August 20, 1991.
The letter gave the date of the hearing, with the option to apply for
on site sewage disposal.
Unda Atkins testified that on June 10, and July 2, 1990 she responded to complaints
made to the Health Department. She went to the Lucas property and observed eight
to ten feet of blue, flexible pipe stemming from the trailer to the adjacent wetlands.
She observed this pipe from the road and did not see a holding tank connected to the
pipe. The pipe was coming from the rear, under-portion of the 16 foot travel trailer.
After receipt of the July 8, 1991 letter (Exhibit 1) by Ms. Lucas, Linda Atkins received
a phone call, on or about July 14, in which Ms. Lucas stated that the trailer had been
on the property for some time and that she could continue to use it as she chose.
When Ms. Atkins returned to the property she saw that a five gallon holding container
had been attached to the pipe. She drove by the property five to six times and has
not noted any changes. Linda Atkins stated that using a holding container is not a
permissible way to dispose of sewage.
Another letter was sent on August 20, 1991 (Exhibit 2) and there was no response,
and no permit applied for. Mr. Lucas asked if Linda Atkins has observed what was
attached to the end of the hose? Linda Atkins stated that she did not.
Health Board Minutes - September 17, 1991
Page: 4
DIRECTOR OF ENVIRONMENTAL HEALTH'S REPORT - Continued:
Larry Fay testified that a permit is required for on site sewage disposal and that there
isn't a distinction between "grey water" (shower, sink, washing machine discharge, etc.)
and sewage. Both forms of effluent are to be disposed of in the same manner
according to the law. He explained that if the travel trailer is used as a residence it
needs an on site sewage permit. Mr. Fay's opinion is that an on site sewage permit
should be required, that holding tanks need to be pumped periodically, and that an
oversite agreement with the Public Utilities District #1 could be arranged. He feels that
the trailer is parked on a permanent basis and that therefore there should not be a
distinction between the trailer and a semi-permanent structure like a cabin. He would
like to see a permit applied for and an approved septic system, or have the trailer
moved when not in use. Mr. Fay is concerned that if temporary trailers and
recreational vehicles are allowed semi-permanent use without permitting, then the
County is telling people that they don't have to have a permit to live in trailers and
recreational vehicles. This would create problems with wastewater and sanitation.
Mr. Tom Kearney testified that he is Shirley Lucas' husband and their permanent
residence is at 1121 South Point Road. He stated that no sewage is disposed of in
the wetlands and that the water from the blue tube is from the sink. There is a
portable toilet in the trailer. The wastes from the holding tank and the portable toilet
are disposed of at the residence which is two miles away. The trailer is used about
60 days out of the year by immediate family members as a vacation and week end
spot. Mr. Kearney stated that he considers the property recreational and the trailer is
temporary. He has no objection to an employee of the Health Department inspecting
the inside of the travel trailer. He noted that the trailer is only hooked up to the
holding tank when someone is going to use it. He stated that the portable can be
eliminated and the main tank can be used.
Mark Huth stated that the State Regulations require a temporary tank to be permitted,
that the Kearney's may leave their trailer on their property, but that it should be limited
to recreational use. He noted that if the trailer is used two months out of the year and
left there permanently, it should have some kind of permit to assure that sewage is
being disposed of properly. He directed the Board to consider working with the
Kearney's and the Health Department to either move or permit the trailer. He
suggested that the Board table this issue for a month, and if not resolved, to bring the
Kearney's before the Health Board again.
Commissioner Larry Dennison moved to table the issue for a month, on the
recommendation of Prosecuting Attorney Mark Huth. Commissioner Wojt seconded the
motion which carried by unanimous vote.
Health Board Minutes - September 17, 1991
Page: 5
DIRECTOR OF ENVIRONMENTAL HEALTH'S REPORT - Continued:
Waiver from Temporary Food Service Permit - Farmer's Market:
Larry Fay explained that temporary food permit models from Skagit and other counties
were studied in response to the Farmer's Market request for this type of permit. There
is reluctance to waive requirements for potentially hazardous food. Other counties
are waiving requirements for non-hazardous foods with a limit of one to three days and
a limitation on the array of items that can be served. Various conditions have to be
met by the vendor, and the Health Department reserves the right to inspect the facility.
The research indicated that many of the Health Department concerns can be met with
a similar temporary food service permit.
Larry Fay explained that if the Board agrees, he can develop a policy statement for
approval by the October meeting. After various forms of permitting and community and
vendor involvement were discussed the Board concurred that Larry Fay develop the
policy for the next meeting.
"Contaminated" Well Update: Larry Fay reported that after drilling two
test holes it was determined that it is unlikely that any of the seepage identified in a
local well came from the land fill site. It was noted that there is peculiar geology in
the area but there is not a continuous pool of water extending out to the land fill site.
Residents are pleased with the County's response and concern regarding the potential
water contamination.
Statistics - Monthlv Report: Larry Fay explained that the statistics have
not changed from last month's report.
Hazardous Waste Collection Report: Larry Fay reported that one
hundred and fifteen (115) barrels of hazardous waste were removed from circulation.
The event was successful, many of the people represented more than one household,
and now the community anticipates the hazardous waste clean up event.
Health Board Minutes - September 17, 1991
Page: 6
DIRECTOR OF NURSING'S REPORT
Statistics - Monthlv Report: Nancy Gow explained that:
*
The Department is busy with HIV immunizations. The sixth grader MMR
clinics have been completed. The School Districts were appreciative of
the Health Department's being present on the opening day of school.
Twelve more clinics are planned throughout the County.
*
There are two possible cases of pertussis/whooping cough, in Port
Ludlow, but the cultures have not been confirmed.
*
The County statistics on sexually transmitted diseases are rising. An STD
workshop is scheduled for October for physicians and hospital emergency
room personnel.
*
The local physicians are receiving and reading the Health Department
newsletters, which serve to keep open two-way communication, update
the medical community, and provide a calendar of events.
*******
The next regular meeting will be held Tuesday, October 15, 1991 at 10:00 a.m. in
basement conference room.
MEETING ADJOURNED
JEFFERSON COUNTY BOARD OF HEALTH
~
dlklOl091
/
.
COMMUNICABLE
DISEASE CONTROL
PUBLIC HEAL TH
NURSING
VITAL
STA TISTICS
ENVIRONMENTAL
HEALTH
HEALTH
EoveA TION
JEFFERSON COUNTY HEALTH DEPARTAfENT
802 SHERIDAN PORT TOWNSEND, WASH. 98368
(206) 385.0722
August 20, 1991
CERTIFIED: RETURN RECEIPT REQUESTED
SHIRLEY LUCUS
1121 SOUTH POINT RD
PORT LUDLOW, WA 98365
NOTICB OF HEARING: SEPTEMBER 17, 1991
RB: 60 South Beach Drive Violation of Jefferson county Ordinance
2-77, 1.2, WAC 248-96-050 and WAC 248-96-110 (7)
Dear Ms. Lucus:
The Jefferson County Health Department responded to a complaint
regarding the above referenced property on June 10, 1991 and July
2, 1991. A Notice of Violation was sent to you by certified mail
on July 8, 1991. The complaint stated that a trailer is being used
as a residence without an approved sewage disposal system and a
blue pipe is leaving the trailer and discharging to the adjacent
wet land. At the time of our investigation a pipe was observed
going into the wetland.
The following regulations have been violated:
1) Jefferson County Ordinance 2-77, 1.2 "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 alternate
device for the disposal of domestic wastes."
2) WAC 248-96-050 Sewage shall not be discharged to surface water
or upon the surface of the ground.
3) WAC 248-96-110 (7) states that Sewage holding tanks shall not
be permitted for either new construction or expansion of
residential dwellings, whether seasonal or year-round. The health
officer may approve sewage holding tanks under limited
circumstances but in all cases where they are permitted they shall
have a management program assuring ongoing operation and
maintenance, which shall be approved by the health officer.
County records
thus you are
regulations.
indicate that you are the owner of the property,
responsible to comply with the aforementioned
.'
Page 2
Lucas
August 20, 1991
You have received notice of the violation and have taken no
corrective action. This letter constitutes official NOTICE OF
HEARING. You have been scheduled to appear before the Jefferson
County Board of Health on September 17th to address these
violations or apply for an on-site sewage disposal permit by
September 6, 1991. At the hearing the Jefferson County Health
Department will be requesting that the Board order removal of the
travel trailer from the property.
You may be represented by counsel at the Board of Health Hearing.
Noncompliance with the aforementioned regulations constitutes a
misdemeanor and is subject to a fine of not more than two hundred
and fifty dollars, ($250.00) or imprisonment for not more that
ninety days, or both such fine and imprisonment. Each day any
person shall continue to violate, or fails to comply with the terms
of the regulation shall constitute a separate offense.
Sincerely,
dc-:...c/~ IH~
Linda Atkins
Environmental Health Specialist
.... ...................... r I ~3
. 1.. ~R: C'4. F r ~1 .... 2 ....... ~
".. -::........ ill.... -RETU"'~cr _ - !'-=-~..: ~.....~~-=
ani "- ...... ~ ~ ~ n.. ~__::.. . __.::"t &.A' _....vc-.. ;;;...;... ~
........--.....0 = - .....-.-.....
... "-.... ___ ~........ J T T . -. f l' ~ 2.. III n Il.-d DIIIIIwY
1 C _.._ - -4_-- .- 1~_)1t
. ffBdnt_J1t .--
3.. _.~~ _ "- -LJ) 4_ f7~ ~.;;>.fL ",'7
~~-<<~'<-~ 4",e/ [j;~s..~ 0_
~;~I ~. /~c Dc:oo
G?.,..J-~.-..-I~ .yr3/'S- ~~'_ -at....
......... DATE DELNERED.
8. _ '._fONLYif
5. 5[_ .,. '_feefM/1/j
X
6.~
X
7. .-at.-.,'
--
oaa . ...1lImI.. IlE&:E.-T
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
I
,
I
I
I "'
1 ..
~
~
I C
..i ~
I ..,
1 0
0
..
M
E
:;
...
'"
0..
P 723 624 4""
RECEIPT FOR CERTIFIED MAIL
NO i~jSUAANCE COVERAGE PROVIDED
~OT fOR iNTERNATIONAL MAIL
(See Reverse j
s
Postage
..;< -1
, Cenlhed Fee
/,oc.
SpeCial Dellverv Fee
Reslrlcted Delivery Fee
Return Receipt snowing
to .....nom and Date Deirvered
/, C'"2' I
Return Receipt snowmg to ....hom
Date_ and Address 01 Delivery
TOTAL Postage and Fees
s-') dJ-'P
....
Postmark or Date
f-;21~ '1/
-----
~
CERTIFIED: RETURN RECEIPT REQUESTED
July 8, 1991
SHIRLEY LUCUS
1121 SOUTH POINT RD
PORT LUDLOW, WA 98365
NOTICE OF VIOLATION: Jefferson county Ordinance 2-77, 1.2
and WAC 248-96-050
RE: 60 South Beach Drive
Dear Ms. Lucus:
The Jefferson County Health Department responded to a complaint
regarding the above referenced property on June 10, 1991 and July
2, 1991. The complaint stated that a trailer is being used as a
residence without an approved sewage disposal system and a blue
pipe is leaving the trailer and discharging to the adjacent wet
land. At the time of our investigation a pipe was observed going
into the wetland. Our office has no record of a sewage disposal
system on the property and no pending permit was located by our
office.
This letter constitutes official notice of violation of the
following regulations:
1) Jefferson County Ordinance 2-77, 1.2 "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 alternate
device for the disposal of domestic wastes."
2) WAC 248-96-050 Sewage shall not be discharged to surface water
or upon the surface of the ground.
t:. X h ,-bt ~t- "1..
Lucas, July 8, 1991, page 2
County records indicate that you are the owner of the property,
thus you are responsible to comply with the aforementioned
regulations. You are required to remove the trailer from the
property or apply for an on-site sewage disposal permit within 10
days. If you choose to apply for a permit you will be required to
supply the trailer with an approved method of sewage disposal until
the system is installed such as a self contained toilet facility
(example-port-a-jon).
Nonncompliance with the aformentioned regulations constitutes a
misdemeanor and is subject to a fine of not more than two hundred
and fifty dollars, ($250.00) or imprisonment for not more that
ninety days, or both such fine and imprisonment. Each day any
person shall continue to violate, or fails to conply with the terms
of the regulation shall constitute a separate offense.
Sincerely,
Linda Atkins
COMMUNICABLE
- DISEASE CONTROL
PUBLIC HEALTH
NURSING
VITAL
STATISTICS
ENVIRONMENTAL
HEALTH
HEALTH
EDUCATION
JEFFERSON COUNTY HEALTH DEPARTMENT
802 SHERIDAN PORT TOWNSEND. WASH. 98368
12061 385-0722
August 20, 1991
CERTIFIED: RETURN RECEIPT REQUESTED
SHIRLEY LUCUS
1121 SOUTH POINT RD
PORT LUDLOW, WA 98365
NOTICE OF HEARING: SEPTEMBER 17, 1991
RE: 60 South Beach Drive Violation of Jefferson county Ordinance
2-77, 1.2, WAC 248-96-050 and WAC 248-96-110 (7)
Dear Ms. Lucus:
The Jefferson County Health Department responded ~~
regarding the above referenced properti
2, 1991. A Notice of Violation was ser i1 :")( l" )( lI'
on July 8, 1991. The complaint stated t i
as a residence without an approved se~
blue pipe is leaving the trailer and d:!
wet land. At the time of our investig ~
going into the wetland. ,.
...
The following regulations have been vio:
~
1) Jefferson County Ordinance 2-77, 1. ~
of business or other building or place ...
reside or are employed, to which a publ: ·
available, shall be provided with a w
connected to an on-site disposal system c
device for the disposal of domestic wastl ,
2) WAC 248-96-050 Sewage shall not be di: i
or upon the surface of the ground. .
3) WAC 248-96-110 (7) states that Sewage
be permitted for either new construl
residential dwellings, whether seasonal 0] ,
officer may approve sewage holding
circumstances but in all cases where they
have a management program assuring _
maintenance, which shall be approved by tl i
County records indicate that you are the
thus you are responsible to comply wi ill
regulations. Q
EX~;bl+ ~ ~
~
Page 2
Lucas
August 20, 1991
You have received notice of the violation and have taken no
corrective action. This letter constitutes official NOTICE OF
HEARING. You have been scheduled to appear before the Jefferson
County Board of Health on September 17th to address these
violations or apply for an on-site sewage disposal permit by
september 6, 1991. At the hearing the Jefferson County Health
Department will be requesting that the Board order removal of the
travel trailer from the property.
You may be represented by counsel at the Board of Health Hearing.
Noncompliance with the aforementioned regulations constitutes a
misdemeanor and is subject to a fine of not more than two hundred
and fifty dollars, ($250.00) or imprisonment for not more that
ninety days, or both such fine and imprisonment. Each day any
person shall continue to violate, or fails to comply with the terms
of the regulation shall constitute a separate offense.
Sincerely,
dc-.--:..d~ IH~
Linda Atkins
Environmental Health Specialist