HomeMy WebLinkAbout57-05 - Res. Public Utility District No. 1 Mason County Resolution No .
Public Utility District No . of Mason County Resolution No . 978
A JOINT RESOLUTION BETWEEN MASON COUNTY PUD 1
AND MASON COUNTY
WHEREAS Mason County PUD # 1 has successfully used a utility model to manage new water supply
facilities and a community wastewater facility in the Madrona Beach neighborhood ;
WHEREAS Mason County PUD # 1 has a strong and consistent focus on managing its utilities in a manner
that is responsible to its rate payers and county citizens;
WHEREAS the water quality of Hood Canal has received national and statewide attention due to low
levels of dissolved oxygen ;
WHEREAS the State Legislature has invested $21 million dollars in the upcoming biennium to address low
dissolved oxygen problems in Hood Canal;
WHEREAS there is a need for strong local leadership to direct the expenditure of these funds consistently
with a local vision of the county's future development, the county's Comprehensive Plan , and the long -
term quality of life in the county;
WHEREAS Mason County has expressed a strong interest in expanding the existing Memorandum of
Understanding (Attachment A) between Mason County and the Mason County PUD # 1 to use the
collective expertise of the county and Mason County PUD # 1 to adopt a utility model for water,
wastewater, and stormwater within the county;
WHEREAS, Mason County and Mason County PUD # 1 intend to jointly address environmental concerns
consistent with the local interests, regional partnerships, needs, and rate payer commitments; and
NOW, THEREFORE BE IT RESOLVED, that Mason County and Mason County PUD # 1 will work together to
develop and advance a utility model to manage water, wastewater, and stormwater within the county,
where appropriate and feasible, and to designate the appropriate management roles of the Mason County
and Mason County PUD # Is and
BE IT FURTHER RESOLVED, that Mason County and Mason PUD # 1 will jointly develop a long-term action
plan to use their shared resources and authorities to meet the intent of this resolution .
SA
PASSED AND APPROVED thi day of is „_ '- 2005 .
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Ron Gold, President Jyni Comin, CI }rpers
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Jack ]anda, Vice President Ly a)' Ring Erickson, Commissioner
ATTEST:
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Tim Sheldon, Commissioner
Karl Denison, Secretary ATTE
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Rebecca Rogers, Clerk of the Board
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Attachment A
11 / 13/02
Page 1 of 6
UNDERSTANDINGMEMORANDUM OF
Publicbetween
Mason County
and
ility Distri
This Memorandum of Understanding ( 0 ) , made as of this 14th day of
January 2003 , between Mason County , a municipal corporation of the State
of Washington , hereinafter referred to as the " County" and the Public Utility District No .
1 of Mason County , a municipal corporation of the State of Washington , hereinafter
referred to as the " PUD1 . 99
WHEREAS , federal and State regulations and standards regarding water quality , water
and wastewater system operations , and water resources are imposing increased
responsibilities , restrictions , obligations , and costs on local governments and utilities ;
and
WHEREAS , the Department of Health ( DOH ) and the Department of Ecology ( DOE) ,
are in the process of implementing additional requirements to ensure that utility systems
operate in accordance with applicable standards ; and
WHEREAS , Chapter 43 . 70 . 195 RCW requires that counties become the receiver of
water systems that the DOH determines have not been effective in resolving
deficiencies that threaten public health and safety ; and
WHEREAS , the PUD1 has been accepted by the County as a Satellite Management
Agency ( SMA) to own and manage water systems both in and out of receivership in
locations not served by other water purveyors ; and
WHEREAS , the County and PUD1 have the expertise , financial resources , and
statutory authority to inspect , operate , manage , and/or own water and wastewater
systems within Mason County , and PUD1 is willing to assume the role of supporting the
County as requested for water and wastewater system ownership , operation , and
management ; and
WHEREAS , planning within the County is needed to assure that adequate supplies of
water and wastewater services are available for projected population increases ; and
WHEREAS , the Growth Management Act requires the County to develop a Capital
Facilities Plan element and a Utilities element as part of the Comprehensive Plan for the
unincorporated areas of the County ( RCW 36 . 70A. 070) , and enhance the availability of
water resources necessary to meet the County' s needs ; and
WHEREAS , the County has determined that it may enter into this agreement to include
services as a means to satisfy the requirements of the Growth Management Act, and
Memorandum of Understanding
Mason County and PUD No. 1 of Mason County
11 / 13/02
Page 2 of 6
Chapter 43 . 70 RCWand under the authority of the Intergovernmental Agreement Act ,
Chapter 34 . 39 RC ; and
WHEREAS , minimum level of service criteria for water and wastewater systems are
needed to protect public health , safety , and the environment in the County ; and
WHEREAS , economic development opportunities in Mason County will benefit from
well - planned water and wastewater utility infrastructure and the ability to provide fire
protection and waste treatment for commercial and industrial uses .
NOW THEREFORE7IT AGREED AS FOLLOWS :
Section 1 . Goals : The goals of this agreement are to :
A. Establish an agreement between the County and PUD1 to develop and
manage the water and wastewater utilities in unincorporated Mason
County consistent with the Mason County Comprehensive Plan , and to
define responsibilities accordingly .
Be Communicate the agreement to local and State agencies to solicit their
cooperation in implementing the program .
C . Protect public health , safety , and the environment in Mason County through
fostering the provision of water and wastewater service in a fashion that
complies with applicable State and federal standards for system operations ,
drinking water standards , wastewater collection and treatment standards , and
the requirements of the Growth Management Act.
D . Represent the initial step in a process that is expected to PUD1 being the
future municipally owned purveyor of water systems throughout the county
except in areas where the City of Shelton or the Belfair Water District is
currently operating or in presently unserved areas which could be better
served by one of these purveyors .
Section 2 . Principles and Procedures : In order to achieve the goals and objectives of
this agreement , the County and the PUD1 agree to the following principles
and procedures .
PUD1 Water and Wastewater Utility Service Areas
U1 has authority to provide water and wastewater utility ownership ,
operation , and management services to all areas within Mason County
and desires to extend its operations where needed and resources allow.
Memorandum of Understanding
Mason County and PUD No. 1 of Mason County
11 / 13/02
Page 3 of 6
Minimum Level of Service Criteria for Water and Wastewater
A . PUD1 is providing and will continue to provide water utility services to
citizens of Mason County that generally meet minimum level of service
criteria for water systems acceptable to both the County and P1 .
PUD1 may expand into wastewater operations where circumstances
warrant it and resources justify it.
Be Minimum levels of service for water and sewer are those established in
RCW and/or WAC , and in Mason County ordinance for all water and
wastewater systems in the county . Minimum levels of service for fire flow
may be required by the fire marshal and fire districts , where feasible .
Water Utilities
. New and Existing Public Water Systems : Upon application to the County
of a development activity requiring a new public water system , or when an
existing public water system requests or requires assistance to meet
regulatory requirements or customer needs , the County and PUD1 agree
to have PUD1 prepare an Initial Evaluation of service for the water system
upon request . The cost of the initial evaluation shall be borne by the
applicant .
Upon completion of the Initial Evaluation , the system owner may choose
to request a formal cost proposal for service from PUD1 , or from other
approved SMAs .
Prior to approving a development requiring Group B service , the County
will review the proposed water system to ensure minimum standards are
met , and that long -term solutions are addressed consistent with their
Comprehensive Plan under the Growth Management Act . County approval
of development requiring Group A service will require approval by the
State Department of Health .
D . Receivership : Upon notification by the County of a court ordered
receivership action , the PUD1 agrees to negotiate a contract with the
County for the water system placed into receivership by DOH . The PUD1
will prepare an Initial Evaluation (described in Section G below) of the
system .
The County and the PUD1 will use their best efforts to facilitate financially
feasible solutions to all systems placed into receivership . Should the
PUD1 make application for financial assistance to a third party to fund
receivership or other infrastructure upgrade project , the County agrees to
support the PUD1 project. The PUD1 agrees to handle all
grant/accounting/audit obligations , and agrees to assume ownership an
Memorandum of Understanding
Mason County and PUD No, 1 of Mason County
11 / 13/02
Page 4 of 6
operational responsibilities of systems acquired through the receivership
process .
Wastewater Utilities
New and Existing Community Sewer Systems and Domestic Wastewater
Facilities : Upon application to the County of a development activity
requiring a new publicly-owned wastewater system , or when an existing
wastewater system requests or requires assistance to meet regulatory
requirements or customer needs , the County will first determine whether
the County will provide ownership , management , and/or operation
services for the system . If the County chooses not to provide service ,
then the County will give PUD1 the next opportunity to provide ownership ,
management , and/or operation services for the system . If PUD1 chooses
not to provide wastewater utility service , the County will seek to obtain
service by another public entity .
If PUD1 is asked to own or manage the system , the PUD1 will be given an
opportunity to prepare an Initial Evaluation of the system (described in
Section F below) . The cost of the evaluation shall be borne by the
applicant.
Description of Initial Evaluations to be Prepared by PUD1
F . The Initial Evaluations will include the following general components :
• Identification of needed facilities and policies
• List of alternatives for meeting identified needs
• Recommended facilities
• Preliminary cost estimates
The general components listed above will incorporate the following :
• Minimum level of service criteria and State and federal
requirements
• Long term operational , procedural , and capital requirements
• Subregional water and wastewater related issues within the service
area or in vicinity of the system
Memorandum of Understanding
Mason County and PUD No, 1 of Mason County
11 / 13/02
Page 5 of 6
Mutual Aid and Cooperation between the County and PUD 1
GV Growth Management Act Planning : Growth and development under the
GIVIA will result in periodic revisions to the Comprehensive Land Use Plan ,
a component of which is capital planning . To facilitate capital planning ,
the County agrees to notify the PUD1 as appropriate regarding land use
policies and proposed changes . This should be done as far in advance as
possible to allow for sound economic judgement in the capital planning
process .
HE Water Resource Issues : The PUD1 agrees to utilize its available staff,
expertise , and financial resources to assist the County as requested in
addressing the issues related to watershed planning , endangered species
act , salmon recovery , and other water related issues .
Definition of Terms used in this MOU
I . " Public water system" means any system , excluding a system serving only
one single-family residence and a system with four or fewer connections
all of which serve residences on the same farm , providing piped water for
human consumption , including any :
Collection , treatment , storage , or distribution facilities under control of the
purveyor and used primarily in connection with such system ; and
Collection or pretreatment storage facilities not under control of the
purveyor primarily used in connection with such system (WAC
246-295-010) . Public water systems can be owned by public entities or
private , non -public entities .
" Satellite management agency ( SMA) " means an individual , purveyor, or
entity that is approved by the secretary of the Department of Health to own
or operate more than one public water system on a regional or countywide
basis , without the necessity for a physical connection between such
systems . (WAC 246-295-010)
" Public sewer system" means a sewerage system owned or operated by a
city , town , municipal corporation , county , or other approved ownership
consisting of a collection system and necessary trunks , pumping facilities
and a means of final treatment and disposal ; and approved by or under
permit from the Department of Ecology , the Department of Health and/or a
local health officer. ( AC 246-27 -0101 )
" Domestic wastewater facility" means all structures , equipment , or
processes required to collect , carry away , treat , reclaim or dispose of
domestic wastewater together with such industrial waste as may be
present . In the case of subsurface sewage treatment and disposal , the
term is restricted to mean those facilities treating and disposingof
Memorandum of Understanding
Mason County and PUD No. 1 of Mason County
11 / 13/02
Page 6 of
domestic wastewater only from :
( a ) A septic tank system with subsurface sewage treatment and disposal
and an ultimate design capacity exceeding fourteen thousand five hundred
gallons per day at any common point ; or
( b ) A mechanical treatment system or lagoon followed by subsurface
disposal with an ultimate design capacity exceeding three thousand five
hundred gallons per day at any common point. ( AC 17 -2 -02 )
" Subsurface sewage treatment and disposal " means the physical ,
chemical , or bacteriological treatment and disposal of domestic
wastewater within the soil profile by placement beneath the soil surface in
trenches , beds , seepage pits , mounds , or fills . (WAC 17 -2 - 2 )
" Community sewer system" means any system that serves more than one
property owner.
J . There are no third parties intended to be benefited by this agreement and
therefore , no one has any right to enforce its terms except the parties to
this agreement .
This Memorandum of Understanding may be amended by the agreement of the two
parties and shall remain in full force and in effect until 1 January 2013 or until
terminated by either party after giving 180 days written notice to the other party .
Commissioners of Mason County:
Commissioner Baze Absent 1 - 14 - 03
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Commissioners of Mason County PUD 1 :
Liu
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Memorandum of Understanding
Mason County and PUD No. 1 of Mason County