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HomeMy WebLinkAbout2020/11/17 - BOH Packet Reminder, get your flu shot! From the Director's Desk November 10, 2020 Gobble,gobble. Happy Thanksgiving! Fall seems to be the time of meetings and conferences.This year that has all changed in response to COVID-19.As an agency,we are doing meetings in a variety of remote platforms and doing the best we can to keep connected. It works but it does have some limitations. Things continue to change rapidly during this time.We have seen three distinct swells in Covid cases and tend to lag in our trends behind the rest of western Washington.As of Nov 9,we stand at 90 cases per 100,000 per two weeks.This number is important in that it explains the level of community transmission as well as providing a marker for the safe reopening of schools. It is not the only indicator used for return to school decisions, but it is a major one. Funding for COVID-19 work remains a major concern.Our current CARES Act funding expires on December 30th and we have not seen proposals for its replacement.We continue to have extra employees to conduct case and contact investigation which could end as we head into January.We have entered into an agreement with Cascade Pacific Action Alliance to provide care services for those going into isolation or quarantine after the 15t of January. This has been the longest disaster response that public health has dealt with for more than a century. Around us we see fatigue taking its toll through the loss of very senior health officers, directors, and senior staff. In addition to local jurisdiction changes,there are significant changes at DOH with Secretary John Wiesman and State Health Officer Kathy Lofy moving on to other positions.Secretary Wiesman announced his move more than a year ago but remained in his position to contribute to the COVID-19 response. I'd like to take this opportunity to commend the public health team we have.2020 has been an incredibly tough year and it's not over yet. Our community health folks with Lydia at the helm continue to lead the way at the local level and set the example for COVID response.The team takes personal interest in every case making sure they have support and information. Casey and administrative folks keep things humming and provide support for the COVID response through efforts of collecting and disseminating the daily information updates. Environmental Health continues to support the county through onsite septic work,shellfish protection,solid waste and food safety.Alex coordinates efforts to house those who cannot isolate at home.We truly have a sharp, involved, and energetic team. Our FTE's stand at 21.5,stable from last report. Looking forward to 2021 Dave Windom, IVISHS MASON COUNTY BOARD OF HEALTH PROCEEDINGS 411 North 51h Street,Shelton,WA September 22,2020 Virtual Attendance: Randy Neatherlin,County Commissioner;Kevin Shutty,County Commissioner;Sharon Trask.County Commissioner;Peggy VanBuskirk,Hospital District#2;Dave Windom,Mason County Community Services Director;Lydia Buchheit,Mason County Community Health Manager;McKenzie Smith, Clerk of the Board;Kathy McDowell,City of Shelton Council Member Seat#2;Gary Plews,Fire Fighters Association;Dr.Dan Stein,Health Officer;Keri Davison, Shelton School Board;&Alex Paysse,Environmental Health Manager 1. Chair Peggy Van Buskirk called the meeting to order at 10:30 a.m. 2. Approval of Agenda—Gary Plews/Cmmr. Shutty moved and seconded to approve the agenda as presented. Motion carried. 3. Approval of Minutes—Cmmr.Trask/Cmmr. Shutty moved and seconded to approve the July 28,2020 minutes as presented. Motion carried. 4. Health Officer Report—Dr.Daniel Stein reported on the current COVID status. The recent spike has begun to trail off and the number of tests has been slightly reducing. A lower positive rate and reduced cases per 100,000 is being seen. This gives staff the opportunity to address non-COVID topics such as establishing the health coalition in the next month or so. The Hep C screening and referrals treatment program is almost ready to begin as well. Mason County is searching for a Health Officer replacement and Dr. Stein will be available until we have a replacement or until the end of the year. 5. Administration Report—Dave Windom briefly recapped his report and shared that the Risk Dashboard is being closely monitored. The Risk Dashboard shares data points that aid in potential school reopening. Currently the cases per 100,000 per two weeks shows at 66 which is below the threshold of 75. The goal is to get below 25. Dave also shared that the alternate care facility has been ready to go and they are hoping to be able to have the facility up and running within 48 hours. There may be a potential COVID vaccine in the middle part of November,however it will have an ultra-cold hold meaning it must be stored at 80 degrees or below. Washington State may receive 100,000 doses of the vaccine and as time goes by may receive more. Large-chain pharmacies and hospitals will be the points of distribution. Drought planning will also be worked on. A draft plan was done in 2015,however it needs to be updated. The hospital has received another 4,000 COVID testing kits. Keri Davison asked if the Risk Dashboard and data points can be published daily to the public or if there is a better way to share this information to parents in the school district. Dave responded that we can do an update each Friday. Dr. Stein mentioned there is a meeting next week with the school superintendents to look at the plan for reopening schools. Lastly,Dave mentioned that we have received four applications for the health officer position-two are not qualified and two are out of state looking for a full-time position. Clark County currently has a public health officer that is looking to work one day a week and there may be the possibility of a contractual agreement. 6. Environmental Health Report—Alex Paysse shared that staff has been very busy this summer with issuing permits. There were multiple applicants for the On-Site Sewage Committee installer position and the interview committee recommends the re-appointment of Thad Bamford for another three-year term. BOARD OF HEALTH PROCEEDINGS August 4,2005-PAGE 2 Cmmr.Shutty/Cmmr.Neatherlin moved and seconded to reappoint Thad Bamford for a three-year term on the On-Site Sewage Committee. Motion carried. Alex then recommended that Rhonda Thompson be appointed for the county position. Cmmr.Shutty/Gary Plews moved and seconded to appoint Rhonda Thompson to the On-Site Sewage Committee. Motion carried. Next,Alex mentioned that he would like the Commissioners to make the committee appointments,rather than the Board of Health so the process is timelier due to meeting frequency. Both Peggy Vanbuskirk and Commissioner Trask agree. 7. Community Health Report—Lydia Buchheit spoke about the behavioral health lead program for law enforcement assistance and diversion. Olympic Health and Recovery Services is the main contracted agency for that. The program will run until next summer and is anticipated to get more funding although it should be sustainable by that time. She will have more details on the next report. The HERSA Grant for$1 million was received and began on September 151. This will allow peers with substance abuse experience to aid agencies such as Mason Health,Peninsula Community Health Services, Regional Fire Authority,and Public Health. Orientation with HERSA and the aforementioned partners will be this week. There is hope that the program will be up and running by the second week of October. Over $3 million received to do work with the Behavioral Health Group which includes substance use and mental health. The focus currently is on sustainability with funding through Medicaid and other resources from community partners. For housing, over$2 million has been brought into the county to be utilized for mortgage and rent assistance,etc. due to COVID. Hep C work is beginning with money in from the state with hopes that there is the ability to hire a position. Two temporary remote employees were hired for case investigation. Recently the department joined the State in using CREST,a Microsoft Platform that allows them to manage contact and case investigations. Staff are beginning to be able to return to their"normal'programs. As a reminder regarding COVID—initially there was an issue reaching contacts for positive cases,however there has been a lot of success recently. With long-term care facilities,they are having to test all residents and staff weekly. The CDC also issued a statement that said the six-foot distance rule was not enough,but that has been retracted. Lastly,they are working with schools to have one point of contact at each school or each district to handle COVID concerns. The department will contact the schools daily to help answer questions and concerns. Keri asked what the turnaround time for tests now. Lydia answered that at this time it is 24-48 hours. Commissioner Neatherlin inquired about testing for travelers. Lydia responded that Mason County recommends travelers go to another location,such as Olympia,for testing because they offer the special testing for travelers while our main focus in on those who are ill or exposed. Peggy mentioned that individuals who need to get procedures or surgeries done must be tested and wanted to know if they are going through the hospital or another location. The response was that the hospitals give direct guidance on where those individuals need to go. Dave shared that a lot of hospitals are going with time over testing, asking the patients to quarantine 14 days in advance of the procedure. 8. Other Business and Board Discussion—The next meeting will be November 17,2020 at 3:00 p.m. 9. COVID Presentation—Dave Windom shared a COVID-19 Response Presentation BOARD OF HEALTH PROCEEDINGS August 4,2005-PAGE 3 Kathy McDowell asked how the 14-day quarantine time was determined. Dave answered that it comes from the Center for Disease Control and Prevention(CDC). Symptoms typically appear 5-10 days after exposure and then adding four days past that. 10. Public Comments—none. 11. The meeting adjourned at 11:21 a.m. ATTEST MASON COUNTY,WASHINGTON BOARD OF HEALTH MASON COUNTY,WASHINGTON McKenzie Smith,Clerk of the Board Scott Hilburn,Hospital District#1 Kathy McDowell,City Commissioner Kevin Shutty,Commissioner Randy Neatherlin,Commissioner Sharon Trask,Commissioner Peggy Van Buskirk,Hospital District#2 Gary Plews,Fire Commissioner Keri Davidson, Shelton School Board r Environmental Health Report For Board of Health November 24", 2020 EHManager Updates: Environmental Health staff continues to serve Mason County residents with its various programs throughout COVID- 19. These past few months have been a constant juggling of priorities as COVID demands come and go. In addition to COVID response,permitting activities related to septic and drinking water continue to rise. Some of the permitting increases are as high as 28%(sewage)over 2019. Overall an increase of 23%across all EH permitting from 2019. Staff and management are working on year end billings for the 2021 calendar year. These annual certification/license requirements include Food Establishments(restaurants), Sewage Contractors, Solid Waste Facilities,and Water Recreation Facilities(pools/spas). VI TAL HEALTH PERMITS (MO/YR) 132019 EH Permits a2020 EH Permits 200 181 159 164 157 154 159 150 118 116 126 117 0 95 100 64 50 May June July August September October Addition items for BOH review: 1. OSAC updated bylaws in their October 13th meeting to reflect the discussed change in appointment processing to Mason County Board of Commissioners. This was discussed at the previous BOH meeting in September. All future appointments will be processed through BOCC. 2. Group B Water System program and code updates (see attached) �a. Page 1 of 1 MASON COUNTY COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health 11/12/2020 To: Mason County Board of Health From: Alex Paysse, EH Manager Re: MCC Chapter 6.64 Group B Water System Reg. updates Background: A Public Water system, defined under WAC246-290-020, is either classified as an A or B system. Group A systems are regulated by WSDOH. Group B systems are co-regulated by the LHJ through a Joint Plan of Responsibility. Group B systems are mostly smaller residential systems ranging in 2-9 connections. It is estimated there are over 500 Group B water systems in Mason County serving approximately 5,000 residents. Mason County reviews and permits about 3-4 new Group B water systems per year. Staff funding for Group B water systems are limited to new system permit review fees and DOH support of about $5,000 a year. Currently there is risk of losing the state funding in 2021 to support regulating these small water systems per the Joint Plan of Responsibility with DOH. Per MCC 6.64, the Mason County Board of Health has authority and delegates the administration of the chapter to the Health Services (now Community Services) director. Due to legislative changes in 2009, Washington State adopted a new Group B water system rule, WAC 246-291 which went into effect in Jan. of 2014. The new rule had various changes to the way Group B water systems are permitted, operated, and monitored. Mason County Code chapter 6.64 has not been reviewed and updated since 1996. In addition, the current chapter fails to adopt and address the state code changes introduced in 2014. Recommendations: Draft updates to MCC 6.64 attached for initial review and discussions. No formal actions at this time. Attachments: Summary of Final Rule Changes (a WSDOH document), copy of MCC 6.64, copy of draft updates. Public Health(Community Health/Environmental Health) 415 N.61'Street—Shelton,WA 98584 Shelton:360-427-9670,Ext.400 - Belfair:360-275-4467,Ext.400 - Elma:360-482-5269,Ext.400 VY hir5ion,Sk Urrimr nfe ealth Summary of Final Rule Changes Ewh6unietitdt Public HcdIh Group B Public Water Supplies — Chapter 246-291 WAC Background Washingtonians receive water from one of three sources: Water System Definitions • Group A public water systems Group A systems are defined in • Group B public water systems RCW 70.119A.020 as a public water system providing water to at • Private water systems least 15 service connections, 25 people per day for at least 60 days Currently about 111,000 people (two percent of the state's per year, or 1,000 or more people population)get their water from about 13,100 Group B on two consecutive days. systems. Group B systems are defined in Group B systems typically serve: RCW 70.1119A.020 as a public water system that is not a Group A • Small subdivisions system. This is further defined in • Home-based businesses WAC 246-291-020. • Campgrounds • Community facilities A private or"individual"water • Churches system does not meet the definition of a public water system under The Department of Health(department) shares regulatory RCW 70.119A.020. responsibility of Group B systems with Local Health Jurisdictions (LHJs).An agreement called a"Joint Plan of Responsibility" lays out the roles and responsibilities between the LHJ and the department. In some counties,the LHJ has primary oversight responsibility; in others,the department retains primary oversight responsibility. See the map on Page 6 that shows the current Group B oversight status. Legislative Change—New Direction for Rule The State Board of Health (board)was working on the rule revision when, in 2009,the Governor and the Legislature set a new direction for regulating Group B systems. The Governor and Legislature eliminated funding for Group B oversight and passed Substitute Senate Bill (SSB) 6171. The change in the law recognized the challenge in regulating the large number of Group B systems in Washington. SSB 6171 directed the board to adopt the following into rule: • At a minimum, rules must address the initial design and construction of a Group B water system. This change allows the board to adopt rules that have no ongoing requirements after initial approval of the system. • LHJs can set requirements that are more stringent than state rules. • The rules may eliminate some or all regulatory requirements for Group B systems serving fewer than five connections. -1- Rule Proposal At the request of the board,the department worked with stakeholders and local health partners to develop a draft Group B rule. Public workshops were held in fall of 2010 to get input on the draft rule. The board considered all comments from the public workshops and made additional changes. On October 10,2012, the board held a public hearing on the proposed rule changes for the Group B rule. Rule Adoption After the public hearing, the board adopted the proposed rule changes. The rule goes into effect on January 1,2014. The final rule changes are summarized as follows. Summary of Changes Section Section Title Changes Number 001 Purpose and scope • Clarifies the existing purpose and scope of the rule NEW Applicability • Previously in Section 020 005 • Defines a Group B system, consistent with state law • Exempts one-and two-connection systems from all requirements, except when the department determines requirements are necessary to protect public health and safety • Requires new or expanding Group B systems designed to serve between ten and 14 service connections to meet planning, engineering and design requirements of the Group A rule 010 Definitions, • Adds numerous definitions , abbreviations, and acronyms abbreviations and . Integrates abbreviations and acronyms into numbered acronyms definitions in alphabetic order REPEALED Applicability . Section repealed and requirements included into Section 020 005 025 Bottled water and • Requires ice manufacturers to comply with chapter 246- ice making facilities 290 WAC (Group A Public Water Systems)to align with existing Department of Agriculture rules 030 General • Specifies that LHJs can adopt more stringent regulations administration than minimum state standards, and provides examples of the types of requirements that LHJs can adopt REPEALED Requirements for • Section repealed and requirements included in Section 040 engineers 120 -2- section Section Title Changes Number. 050 Enforcement • Clarifies enforcement procedures and intent by referencing statutory authorities 060 Waivers • Specifies the local health officer or local board of health has authority to grant waivers, and establishes conditions for issuing waivers • Waivers cannot be granted for the resident population standard for new and expanding system designs (WAC 246-291-200) NEW Public Water •. New section includes requirements previously in Section 090 System 140 Coordination Act • Makes editorial changes and clarifications that do not and satellite change the existing requirements management REPEALED Ground water source • Section repealed and requirements included in Section 100 approval and 125 protection REPEALED Surface water and • Surface water and groundwater under the influence of 110 GWI source surface water(GWI) sources are no longer approvable approval and for new or expanding systems protection 120 Design report • Eliminates planning or design report requirements for approval existing systems that are not expanding • Clarifies that all system designs submitted to the department for approval must be designed by a professional engineer • LHJs may adopt local rules that exempt the professional engineer submittal requirement NEW Groundwater source • Requires new or expanding systems to use a groundwater 125 approval source from a properly constructed drilled well and that meets the minimum supply requirements • Potential GWI sources for a new or expanding Group B system must be evaluated before system approval to determine whether the source is or is not GWI REPEALED Existing system • Standards for existing systems that may not meet all 130 approval requirements of this rule are included in Section 280 NEW Interties • Establishes standards for new and expanding systems 135 using interties -3- Section Section Title Changes Number 140 Water system • Clarifies planning requirements planning and . Requires purveyors to submit disclosure language to the disclosure department for review and approval as a part of the requirements system design submittal • Requires purveyors to record the approved disclosure language on the property title for all properties to be served by the system NEW Water quality • Includes water quality requirements from several sections 170 requirements for that apply to the design and approval of a new or groundwater source expanding system approval • Eliminates the requirement to sample for nickel • Changes the standard for arsenic from 50 micrograms per liter to 10 micrograms per liter for new and expanding systems • Requires purveyors to submit two coliform samples for a new or expanding system design approval • Sources for new and expanding systems cannot rely on treatment to meet primary drinking water standards 200 Design standards • Sets a minimum residential population standard of 2.5 persons per household to be used in the design of new or expanding systems • Establishes a minimum water supply design requirement to be used in the design of new or expanding systems • Updates technical references for design standards NEW Drinking water • Includes requirements from other sections related to 205 materials and materials and additives additives • Reduces the lead content in pipes and fittings from 8 percent to twenty-five one-hundredths of one percent and two-tenths of one percent in solder and flux • Includes minor editorial changes 210 Distribution systems . Sets new requirements for storage reservoirs that previously had been recommended in the system design guidelines 220 Group B system . Includes minor editorial changes and updates to specific disinfection American Water Works Association disinfection procedures REPEALED Treatment design • Sources requiring treatment for primary contaminants are 230 and operations no longer approvable for new or expanding systems -4- Section .� Number Section Title Changes REPEALED Reliability • Requirements are included in Section 140 240 250 Continuity of • Simplifies the process for transferring ownership by service eliminating some requirements REPEALED Recordkeeping and . Eliminates recordkeeping requirements because of 260 reporting elimination of regular ongoing water quality monitoring requirements REPEALED Cross- connection • Design and planning-related requirements have been 270 control included in Section 200 NEW Existing Group B • Establishes standards for an existing system to be 280 systems determined to be adequate by local permitting authorities 300 General • Clarifies general requirements that apply to all new, requirements existing, and expanding systems REPEALED General follow-up • Eliminated requirements 310 REPEALED Bacteriological • Eliminates annual coliform monitoring requirement 320 • Requirements that apply to new or expanding system approval have been included in Section 170 REPEALED Inorganic chemical • Eliminates once every three years nitrate monitoring 330 and physical requirement • Requirements that apply to new or expanding system approval have been incorporated into Section 170 REPEALED Turbidity • Surface water and groundwater under the influence of 340 surface water(GWI) sources are no longer approvable for new or expanding systems REPEALED Other substances • Requirements that apply to new or expanding system 350 approval have been included in Section 170 360 Public notification • Requires purveyors to notify consumers served by the system within 24 hours if a sample contains E. coli or has a nitrate level greater than 10 milligrams per liter • Requires purveyors to notify consumers served by the system within 30 days if the system has an arsenic level greater than 10 milligrams per liter • Updates required notification language -5- Was.kington State Department of He a l t h Washington State Local Health Jurisdictions 9'"` Division ofEm iron mntaf Public Neagh +�� - QfrerfDrnkiyU�ta Group B Water System Programs ,,. Whatcom 223 a2S4 ;` Qnagan; ;� Qretl�e. Skagit: 36q erg° ' .142 Island8 965a "3as�g � ojAE m s 7 i Chelan Jeffg son I,x' v 325' Douglas � a _i �,. ,Kitsa 89-. Spokane s921� L`incali � � asan�k fi :Grant Grays Harbor , 97 Kittitas 274 S� Pi@ree 244 Adams }� , Thurs�un mi79 76 hMiifan ° w a � lipd Sfl elf elLeuu�s 364akna frr23i1 a Odd j 1�1(ahkla um ..s j �,� �; �,r �''�� ' - "3 h B It'6n ASOIry, � k 7 Klickitat Clark, 113 LHJ Oversight are erslght rwtwarrme Di, his o State rehab] oromei�" 0 doe �•° h Os gatemen]: •�..,---�.§ -- .S 7tt8Washid on State Dope (N t•9 s ty tmeseofany State Oversight hfmmatwh�,puM,shod in bis map and N.A.no rasp ensibityfor errors in the content of the information provided.,: rsons or.entities that rely on an mformaGon: ahtainedfromthismapdosoattheirt"On s�C -June.28r.2g12 -6- Chapter 6.64-GROUP B WATER SYSTEM REGULATIONS 6.64.010-Authority. Pursuant to the authority of Chapters 43.20, 43.70, 70.05, 70.116, 70.119A and 70.142 RCW,this chapter is established as minimum requirements of the Mason County board of health, governing Group B public water systems in Mason County. (Res. 68-96 (part), 1996: § 1 of Ord. dated 3/3/94). 6.64.020-Purpose. The purpose of this chapter is to assure protection of public health by: (1) Minimizing the potential for public exposure to unsafe drinking water; (2) Establishing location, design, installation and management requirements for public water systems to accommodate safe and reliable drinking water sources. (Res. 68-96 (part), 1996: § 2 of Ord. dated 3/3/94). 6.64.030-Administration. The Mason County health services director, through the authority delegated by the Mason County board of health and the Mason County health officer shall administer this chapter. Fees may be charged for this administration. (Res. 68-96 (part), 1996: § 3 of Ord. dated 3/3/94). 6.64.040-Definitions. The definitions of terms in Chapter 246-290 WAC are adopted and incorporated by reference. In addition, the following definitions shall also apply in this chapter: "Board"means the Mason County board of health. "Department"means the Mason County department of health services. "Director"means the Mason County director of health services or an authorized member of the health department staff. "Group B water system"means water system consisting of two to nine connections and/or serving less than twenty-five people for sixty days or more/year. "Purveyor" means an agency, subdivision of the state, municipal corporation, firm, company, mutual, or cooperative association, institution, partnership or person or other entity owning or operating a public water system. Purveyor also means the authorized agents of such entities. "Water system owner"means the owner of the system or the designated manager of the system. (Res. 68-96 (part), 1996: § 4 of Ord. dated 3/3/94). 6.64.050-Applicability. This chapter shall apply to all Group B water systems except the following: (a) Existing nonexpanding Group B water systems. However, this chapter shall be applied to the maximum extent feasible for the water system and the appropriate permits shall be required. (b) Where any of the requirements of this chapter conflict with one another or with any requirements of other state or local drinking water regulations, the more stringent requirement shall apply. (Res. 68-96 (part), 1996: § 5 of Ord. dated 3/3/94). 6.64.060-Minimum standards and adoption by reference. (a) Chapter 246-290 WAC, Drinking Water Regulations as presently constituted and as hereafter amended, is adopted and incorporated by reference in this chapter as minimal standards governing the location, design, operation and monitoring of Group B public water systems in Mason County. Copies of said document shall be kept on file and made available for public inspection at the department office. (b) Standards for design and construction shall be established and maintained by the department. Said standards shall be called "Mason County Department of Health Services Design and Construction Standards for Group B Water Systems," and shall, upon completion, apply to all Group B water systems. Copies of said document shall be kept on file and made available for public inspection at the department office. (c) Permits shall be required prior to any construction of any Group B water system well. Permits shall be valid for two years from their inspection date. Permit fees shall be charged according to the "Mason County Department of Health Services Fee Schedule." Copies of said document shall be kept on file and made available for public inspection at the department office. (Res. 68-96 (part), 1996: § 6 of Ord. dated 3/3/94). 6.64.070-Certified water system designers. (a) Any work associated with the design of a new Group B water system within Mason County shall be performed by a designer certified by the department except when one of the following conditions is met: (1) The system is designed by a professional engineer licensed in the state of Washington under Chapter 18.43 RCW. (2) The system is designed by a designer certified by Thurston County health department or Bremerton-Kitsap County health district. (b) The departmental requirements for designer certification are as follows: (1) Prior to issuance of certificate to person, the director shall require written examination of the applicant's knowledge of sanitary principles and rules, regulations, laws and ordinances affecting public health and safety with respect to public water systems. (2) The initial certificate fee shall be in accordance with the adopted fee schedule. At the end of each calendar year, all certificates shall expire. Certificates may be renewed for a fee established by the adopted fee schedule.A designer's certificate shall not be transferable. (c) A designer's certificate may be suspended by the director for a period not to exceed thirty days for incompetency, negligence, misrepresentation, or for failure by the holder to comply with any other requirement of this chapter, unless the health officer feels a decision on revocation is needed. (d) A designer's certificate may be revoked by the director for a period not to exceed one year for serious or repeated violations of any of the requirements of this chapter, using the following procedure: (1) To revoke a designer's certificate, the director shall notify the designer in writing, stating the reason for which the designer's certificate is subject to revocation and schedule a hearing with the health officer. (2) The director may suspend the designer's certificate pending the hearing with the health officer. (e) Any designer whose certificate has been revoked will be required to take the written examination again before issuance of a new designer's certificate. (Res. 68-96 (part), 1996: § 7 of Ord. dated 3/3/94). 6.64.080-Monitoring. (a) The water system owner shall assure that water samples are submitted for testing as outlined in Chapter 246-290 WAC, according to the schedule established by the department. (b) If the water system owner fails to perform the necessary testing in a timely and satisfactory manner, the department may collect for testing and bill in accordance with the current fee schedule. Failure to pay for the collection and testing of the water will result in the status of noncompliance for the water system and enforcement proceedings as set forth in Section 6.64.090 of this chapter. (Res. 68-96 (part), 1996: § 8 of Ord. dated 3/3/94). 6.64.090-Enforcement. (a) It is unlawful for a purveyor to provide water from, use or maintain an unapproved Group B water system. (b) No purveyor shall use, maintain, or expand a Group B water system except in a manner that is appropriate to the design of the system as approved by the department. (c) Public Nuisance. All violations of this chapter are determined to be unlawful and declared to be detrimental to the public health, safety and welfare, and are public nuisances. All conditions which render any building, structure, premises, land use or portion thereof to be used or maintained in violation of this chapter shall be abated if provisions for their continuance made pursuant to this chapter are not satisfied. (d) Civil Penalties. In addition to or as an alternative to any other judicial or administrative remedy provided herein, or by law, any water purveyor, person or establishment who violates this chapter or by each act of commission or omission procures, aids or abets such violation, may be assessed a civil penalty not to exceed fifty dollars for each day of continuous violation to be directly assessed by the health officer until such violation is corrected. The per diem penalty shall double for the second separate violation and triple for the third and subsequent separate violations of the same chapter within any five-year period. (e) Criminal Penalties. In addition to or as an alternative to any other judicial or administrative remedy provided herein, or by law, any water purveyor or person who violates this chapter or by each act of commission or omission procures, aids or abets such violation, shall, upon conviction, be guilty of a misdemeanor. For purposes of this chapter, each section violated shall constitute a separate and distinct offense, and each day's violation shall constitute a separate and distinct offense. Penalty, upon conviction, shall be punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than ninety days, or both such fine and imprisonment. (Res. 68-96 (part), 1996: § 9 of Ord. dated 3/3/94). 6.64.100-Appeals. Decisions of the director may be appealed to the health officer.Appeals must be made in writing to the director within ten working days of the decision which is being disputed.A hearing date shall be scheduled with the health officer within thirty days.Any variation from this regulation resulting in requirements less stringent than those found in Chapter 246-290 WAC shall have concurrence from the Washington State Department of Health. (Res. 68-96 (part), 1996: § 10 of Ord. dated 3/3/94). 6.64.110-Waiver. The board may waive this chapter or portions thereof, provided the waiver is consistent with the intent of this chapter, no public health hazard will result from said waiver, and the waiver will not violate the requirements of other state or local drinking water regulations.Any waiver from the requirements of Chapter 246-290 WAC must have prior written concurrence from the Washington State Department of Health. (Res. 68-96 (part), 1996: § 11 of Ord. dated 3/3/94). Chapter 6.64-GROUP B WATER SYSTEM REGULATIONS 6.64.010-Authority. Pursuant to the authority of Chapters 43.20,43.70,70.05,70.116,70.119A and 70.142 RCW,this chapter is established as minimum requirements of the Mason County board of health,governing Group B public water systems in Mason County. (Res.68-96(part), 1996:§ 1 of Ord.dated 3/3/94). 6.64.20 -Purpose. The purpose of this chapter is to assure protection of public health by: (1) Minimizing the potential for public exposure to unsafe drinking water; (2) Establishing location,design,installation and management requirements for public water systems to accommodate safe and reliable drinking watersources. _ (Res.68-96(part),1996:§2 of Ord,dated 3/3/94). 6.64.030-Administration. The Mason County health-community services director,through the authority delegated by the Mason ' County board of health and the Mason County health officer shall administer this chapter.Fees may be charged for this administration. (Res.68-96(part), 1996:§3 of Ord.dated 3/3/94). 6.64.040-Definitions. The definitions of terms in Chapter 246-289-291 WAC are adopted and incorporated by reference.In addition,the following definitions shall also apply in this chapter: "Board"means the Mason County board of health. "Department"means the Mason County department of health ommunity services. "Director"means the Mason County director of hea4h-community services or an authorized member of the health department staff. "Mason County Health Officer"means the Health Officer of mason County:or an authorized representative. Group-B-water-sy mLmearis-wate-s erz4-coesisttag-of-W.tG taalne-soraaectieasaad/or-sewing "Water system owner'means the owner of the system or the designated manager of the system. (Res.68-96(part),1996: §4 of Ord.dated 3/3/94). 6.64.50 -Applicability. This chapter shall apply to all Group B water systems except the following: (a) Existing nonexpanding Group B water systems. However, this chapter shall be applied to the maximum extent feasible for the water system and the appropriate permits shall be required. (b) Where any of the requirements of this chapter conflict with one another or with any requirements of other state or local drinking water regulations,the more stringent requirement shall apply. (Res.68-96(part), 1996: §5 of Ord.dated 3/3/94). 6.64.060-Minimum standards and adoption by reference. (a) Chapter 246-249-291 WAC,Sraakfag WateFGroug B Public Water System Regulations as presently constituted and as hereafter amended, is adopted and incorporated by reference in this chapter as minimal standards governing the location,design,operation and monitoring of Group B public water systems in Mason County. Copies of said document shall be kept on file and made available for public inspection at the department office. (b) Standards for design and construction shall be established and maintained by the department.Said standards shall be called "Mason County PepaFtmee' of Heaft4 o2 munity Services Design and Construction Standards for Group B Water Systems,"and shall,upon completion,apply to all Group B water systems. Copies of said document shall be kept on file and made available for public inspection at the department office. (c) Permits shall be required prior to any construction of any Group B water system well. Permits shall be valid for two years from their inspection date. Permit fees shall be charged according to the "Mason County Pepar#+aeat-sfEnvironmental Health Sew^ter Fee Schedule." Copies of said document shall be kept on file and made available for public inspection at the department office. (Res.68-96(part),1996:§6 of Ord.dated 3/3/94). 6.64.070-GeFtified W2teF system design°. Desisn requirements and approval. (a) Design Reports shall be submitted in accordance with WAC 246-291-120. Any work associated with the design of a new or expanding Group B water system within Mason County shall be performed by a designer-eeftEfedprofessional engineer licensed in the state of Washington under Chaper 18.43 per 246-291-120 WAC. by the depaFtme t ept...tie., .a of the wue,., diti .. �e _a en ees is ..,e'The department may permit design work completed by a design professional with specific expertise in public water systems, provided the water system meets the requirements provided under 246-291- 120(4)WAC. Sia,apter�8-43-RS W: fb)--The-departfner4ta4ega{reaaentsfof_designef ser3if+satlan-afe-as#oiiow.s affestifig-pubiie#east#-af+d-sa#ebpMth-respect-te-pub4iis-watef-systerras- eaGh GaiendaFyear, all ,.eFti fiGates shall expire. Gerti fleate WaY h, FeRewed a,. a fee established-by-the-adopted-fee-sehedule-PrdesigR&r.seft+f+sate-shah .9�f+sferab4e- fequifefr+er�t-of this-shapter-+aaless-the-kiealtl+-o#+ser-feels-a-dasisiera-on-fevssatiea-is-+seeded- i (4) e4ev4oke-a4esigr4e4S ceFtificate, 'she—d,,' ector-shag-PGUt (-the-designeFia-writing-stating-tkie with the health-effise� agai++before-lssuanGe-o#a new deslgner'scerti icate. (Res.68-96(part), 1996: §7 of Ord.dated 3/3/94). 6.64.080—Water Quality Monitoring. jaLThe water system owner shall enassure that-water sarnples brnitted4okes#ng-asoutl4aed-ir+ Gha + 246 eon WAG 2GGGFdinq Fe the GGhed ie established by the Collection and submittal of a routine sample for coliform analysis by a certified lab at least once every twelve months from the furthest end of the distribution system or as directed by the department. (b) The frequency of coliform sampling may be increased by the department based on anv of the Formatted:Justified,Indent Hanging: 0.3",Space following factors: After. 12 pt 0) History of unsatisfactory coliform samples Formatted:Line spacing: 1.5 lines (2) A well or other source that is vulnerable to contamination from surface water or potential sources of contamination within the Sanitary Control Area (3) Disinfection treatment required Formatted:Indent Left 0.38",Hanging: 0.31",Space Before: 6 pt After. 12 pt Line spacing: 1.5 lines, (c) When coliform bacteria are present in any sample the owner shall ensure that: ., Numbered+Level:1+Numbering Style:1,2,3,...+ Start at 1+Alignment:Left+Aligned at 0.63"+ (1) The sample is analyzed for fecal coliform or E.coli: Indent at 0.88"—_ — — (2) The department is notified within 10 days of notification by the laboratory: Formatted:Justified,Indent Hanging: 0.3",Space After. 12 pt (3) Two repeat samples are collected within 24 hours of notification by the laboratory unless directed otherwise by the department. Formatted:Line spacing: 1.5 lines (4) Further action is taken as directed by the department Formatted:Indent:Left 0.38",Hanging: 0.31",Space After. 12 pt,Line spacing: 1.5 lines,Numbered+Level: (d) When fecal coliform or E.coli are present in any sample the owner shall ensure that: .,\ 1+Numbering Style:1,2,3,...+Start at 1+ Alignment:Left+Aligned at 0.63"+Indent at 0.88" � .._.... _ —.......----- (1) The Washington State Department of Health the Mason County Health Officer and all * Formatted•Justified,Indent Hanging: 03%Space systems consumers are notified in writing within 24 hours per 246-291-360(4)WAC. After. 12 pt (2) The written notification includes the information required in 246-291-360(4) Formatted:Line spacing: 1.5 lines (3) Further action is taken as directed by the department ' Formatted:Indent.Left 0.38",Hanging: 0.31",Space After. 12 pt Line spacing: 1.5 lines,Numbered+Level: Ea}(e)The water system owner shall ensure the collection and submittal of a nitrate sample analyzed by 1 +Numbering Style:1,2,3,...+Start at 1 + a certified lab from each source every thirty-six months. The frequency of this sampling may be Alignment Left+Aligned at 0.63"+Indent at 0.88" decreased by the department to once every sixty months at the request of the water system if there is a history of three consecutive samples below 2.0 mg/L and the system has a one-hundred foot Sanitary Control Area with drilled well(s) constructed per 173-160 WAC. Systems with a reduced sampling schedule will be returned to a sampling frequency of once every thirty-six months if any sample has a result of 2.0 mq/L or higher of nitrate. {*Lglf the water system owner fails to perform the necessary testing in a timely and satisfactory manner, the department may collect for testing and bill in accordance with the current fee schedule. Failure to pay for the collection and testing of the water will result in the status of noncompliance for the water system and enforcement proceedings as set forth in Section 6.64.090 of this chapter. (Res.68-96(part), 1996:§8 of Ord.dated 3/3/94). 6.64.090-Enforcement. (a) It is unlawful for a purveyor to provide water from, use or maintain an unapproved Group B water system. (b) No purveyor shall use, maintain, or expand a Group B water system except in a manner that is appropriate to the design of the system as approved by thedepartment. (c) Public Nuisance.All violations of this chapter are determined to be unlawful and declared to be detrimental to the public health,safety and welfare,and are public nuisances.All conditions which render any building, structure, premises, land use or portion thereof to be used or maintained in violation of this chapter shall be abated if provisions for their continuance made pursuant to this chapter are not satisfied. (d) Civil Penalties. In addition to or as an alternative to any other judicial or administrative remedy provided herein,or by law,any water purveyor,person or establishment who violates this chapter or by each act of commission or omission procures,aids or abets such violation,may be assessed a civil penalty not to exceed fifty dollars for each day of continuous violation to be directly assessed by the health officer until such violation is corrected.The per diem penalty shall double for the second separate violation and triple for the third and subsequent separate violations of the same chapter within any five-year period. (e) Criminal Penalties.In addition to or as an alternative to any other judicial or administrative remedy provided herein,or by law,any water purveyor or person who violates this chapter or by each act of commission or omission procures,aids or abets such violation,shall, upon conviction,be guilty of a misdemeanor. For purposes of this chapter,each section violated shall constitute a separate and distinct offense, and each day's violation shall constitute a separate and distinct offense. Penalty,upon conviction,shall be punishable by a fine of not more than five hundred dollars,or by imprisonment for not more than ninety days,or both such fine and imprisonment. (Res.68-96(part), 1996:§9 of Ord.dated 3/3/94). 6.64.100-Appeals. Decisions of the director may be appealed to the Mason County Hhealth Oefficer.Appeals must be made in writing to the director within ten working days of the decision which is being disputed.A hearing date shall be scheduled with the Mason County Hhealth Oefficer within thirty days.Any variation from this regulation resulting in requirements less stringent than those found in Chapter 246- -2 291 WAC shall have concurrence from the Washington State Department of Health. (Res.68-96(part),1996:§ 10 of Ord.dated 3/3/94). 6.64.110-Waiver. The beard Mason County Health Officer may waive this chapter or portions thereof,provided the waiver is consistent with the intent of this chapter,no public health hazard will result from said waiver, and the waiver will not violate the requirements of other state or local drinking water regulations.Any waiver from the requirements of GhapteF246-296-291 WAC must the-WashiagtGR-State-�aRt-ef-Health-conform to requirements of 246-291-060 WAC. (Res.68-96(part),1996:§ 11 of Ord.dated 3/3/94).