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HomeMy WebLinkAbout2021/07/27 - BOH Packet MASON COUNTY • COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health HEALTH is MASON COUNTY BOARD OF HEALTH • REGULAR MEETING July 27, 2021 3:00 p.m. VIA ZOOM Shelton, WA 98584 DRAFT AGENDA 1. Welcome and Introductions Peggy Van Buskirk Chair 2. Approval of Agenda—ACTION Board Members 3. Approval of Minutes of May 2021 —ACTION Board Members 4. Health Officer Report—unable to attend Dr. Daniel Stein 5. Administration Report Dave Windom 6. Environmental Health Report—extended time Alex Paysse 7. Community Health Lydia Buchheit 8. Other Business and Board Discussion Board Members 9. Public Comments 10. Adj ourn If special accommodations are needed,please contact McKenzie Smith,427-9670,Ext.589. From the Belfair area,please dial 275-4467,Ext.589;from the Elma area please dial 482-5269,Ext.589. Mason County Public Health 415 N 61h Street, Bldg 8,Shelton WA 98584, Shelton: (360)427-9670 ext. 400 *c Belfair:(360)275-4467 ext.400 ❖ Elma:(360)482-5269 ext.400 Fax:(360)427-7787 MASON COUNTY BOARD OF HEALTH PROCEEDINGS 411 North 5"Street,Shelton,WA May 25,2021 Virtual Attendance:Randy Neatherlin,County Commissioner;Kevin Shutty,County Commissioner;Sharon Trask, County Commissioner;Peggy Van Buskirk,Hospital District#2;Dave Windom,Mason County Community Services Director;Lydia Buchheit,Mason County Community Health Manager;Alex Paysse,Environmental Health Manager;Melissa Casey,Community Health Specialist;Darrin Moody,Hospital District# 1;Keri Davidson, Shelton School Board;Kathy McDowell,City of Shelton Council Member Seat#2;Dr.Dan Stein,Health Officer; Gary Plews,Fire Fighters Association;McKenzie Smith,Clerk of the Board;Jean Clark,CHOICE Regional Health Network&Cascade Pacific Action Alliance;Dan Buettner Jr.,Blue Zones. 1. Chair Peggy Van Buskirk called the meeting to order at 3:00 p.m. 2. Approval of Agenda—Cmmr. Shutty/Cmmr.Trask 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 March 8,2021 minutes as presented. Motion carried. 4. Blue Zones Presentation Dan Buettner Jr.,Vice President of Blue Zones project,shared a presentation on the overview of Blue Zones. When Blue Zones comes into a new community,a site visit and assessment is done to discover what is already being done and what challenges there may be. Regarding addiction,following the Power Nine purpose can help reverse that. There is a sister solution, Starling,that could also be introduced if there is a key need. Blue Zones is based on the science of well-being and the outcomes of each project. Jean Clark shared that CHOICE Regional Health Network has been looking into Blue Zones for years and that Cascade Pacific Action Alliance(CPAA)has wellness funds they are willing to spend on this particular program. Three Counties will be launching with Blue Zones in 2021:Grays Harbor,Mason,and Lewis. Dave Windom did some research into this and discovered that Blue Zones builds a culture around everything involved with health—housing,economics,etc.—not just public health. Mason Matters will be the"backbone"of this project. Darrin Moody shared concerns that Mason Matters has gone through issues recently. Cmmr. Shutty asked who is responsible for funding what CHOICE does not and what that cost would be. Jean answered that there are enough funds for the initial contract and that CHOICE will handle fundraising throughout the course of the project. Blue Zones will help look for grants and CHOICE will write for the grants. At this time there is not an upfront contribution needed from Mason County. 5. Health Officer Report—Dr.Dan Stein Dr. Stein shared his focus is still on the pandemic and transitioning into the recovery phase. COVID cases have plateaued at an active rate and case and contact investigations are still being done with a concentration on prevention. Mass vaccination sites are no longer necessary. Mason County is currently at a lower rate of vaccine uptake than the rest of the State. Efforts are being moved over to the hospital and up north and COVID variants are still being evaluated. Area Command has focused on secondary outcomes such as mental health and substance abuse. 6. Administration Report—Dave Windom Dave shared the past couple of weeks have been spent on vaccine rollout. At this time there are around 40,000 vaccinations that have been administered. Demand for vaccinations has gone down,however vaccines can now be given to those in the 12-to 18-year old category. A small amount of Johnson and Johnson vaccines were received. Darrin shared that Mason General Hospital is hosting a clinic with the BOARD OF HEALTH PROCEEDINGS May 25,2021—Page 2 National Guard this coming Friday at the Mason Transit Center. The COVID vaccination is now offered to be done at the same time as childhood vaccines or other vaccines. Phase recovery is constantly changing. Currently all Counties are in Phase 3. Once we reach 70%vaccinated,or June 30tl',we will open up. For the Health Officer search,there is one candidate to interview and one health officer that may be willing to work on a contract basis. Dave plans to emphasize prevention regarding County health rankings. The ranking is split into two parts: health outcomes and health factors. Health outcomes measure where we are now,what has been accomplished in the last year,and the quality of life(poor physical or mental health,low birth weights, etc.). Funding was received from Foundational Public Health Services(FPHS)and legislature approved another $149 million per biennium. 7. Environmental Health Report—Alex Paysse Alex highlighted that permits are still busy and staff are working hard to keep review times down. He is working with the Commission and management to find more funding sources to help with additional staffing. The water quality program was approved as well as a single County-wide shellfish protection district. Currently,during the four-phase Hood Canal Regional PIC(pollution identification and correction)Program,the reopening of Hoodsport commercial shellfish growing and harvesting area is being worked on. 8. Community Health Report—Lydia Buchheit Lydia shared that staff has been busy helping with the mass vaccine clinics and are getting back to their regular duties now. There are three temporary employees working on COVID cases. Last week a team worked together on doing a CDC grant for prevention work for the prevention coalitions of Mason County. 9. Other Business and Board Discussion Cmmr.Trask shared that the Governor signed House Bill 1152 for the comprehensive health bill. A few changes may need to be made to the Board such as having an equal number of elected and non-elected members on the Board and having a representative from the tribes. Lydia mentioned potentially getting members from the Health Coalition and offered to get a list of names to submit to the Board. 10. Public Comments No public comments. 11. Meeting adjourned at 4:21 p.m. BOARD OF HEALTH PROCEEDINGS May 25,2021—Page 3 ATTEST MASON COUNTY,WASHINGTON BOARD OF HEALTH MASON COUNTY,WASHINGTON McKenzie Smith,Clerk of the Board Darrin Moody,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 MASON COUNTY BOARD OF HEALTH PROCEEDINGS 411 North 5"Street,Shelton,WA March 23,2021 Virtual Attendance:Randy Neatherlin,County Commissioner;Kevin Shutty,County Commissioner;Sharon Trask, County Commissioner;Peggy Van Buskirk,Hospital District#2;Dave Windom,Mason County Community Services Director;Lydia Buchheit,Mason County Community Health Manager;Abe Gardner,Community Health Program Assistant;Darrin Moody,Hospital District# 1;Keri Davidson,Shelton School Board;Kathy McDowell, City of Shelton Council Member Seat#2;Dr.Dan Stein,Health Officer;Gary Plews,Fire Fighters Association; McKenzie Smith,Clerk of the Board;Katie Hayes, Shelton-Mason County Journal. 1. Chair Peggy VanBuskirk called the meeting to order at 3:00 p.m. 2. Approval of Agenda—Kathy/Cmmr. Shutty moved and seconded to approve the agenda as presented. Motion carried. 3. Selection of Vice-Chair—Cmmr.Trask/Kathy moved and seconded to appoint Keri Davidson as vice- chair. Motion carried. 4. Approval of Minutes—Cmmr.Trask/Cmmr. Shutty moved and seconded to approve the January 26,2021 minutes as presented. Motion carried. 5. Health Officer Report by Dr.Dan Stein Dr. Stein shared that focus still remains on COVID-19. At this time there is a plateauing of the descent of cases which is being monitored. Staff is doing a great job distributing vaccines. Reopening schools for in person learning is being looked into with the Governor and the CDC. Key points include maintaining the six-foot distance between students and checking in with schools monthly. 6. Administrative Report by Dave Windom Dave discussed the vaccine rollout in January which had a bit of a bumpy start. However,a three-week forecast on vaccine availability is now being provided by the Department of Health. Our two primary providers for mass vaccine and pop-up clinics are Mason General Hospital and Peninsula Community Health. At this time there is no access to Johnson&Johnson,only Moderna and Pfizer. Pharmacies will be stocked with initial doses and some with their second doses. Dave anticipates by the end of May there will no longer be mass vaccination clinics. The vaccine will be available to individuals 18 and older on May I". The State is getting 6,000 doses of Johnson&Johnson this week,but there is not a way to order doses through the system yet. Currently we are in Phase 3. Regarding schools,a three-foot distance rule was recommended to stay consistent with the CDC. The recently selected Health Officer has declined the position. Dr. Stein is willing to help facilitate the transition for a new Health Officer but is hoping to step down by July. Dave will send out candidates to the Personnel Committee for screening. All options are being explored such as sharing a Health Officer with another jurisdiction and having an interim. Fiscally a lot of COVID funds are coming in,however there are some strings attached. For example,funds to run vaccine clinics would require joining with a multi-County incident management team,requesting an overhead team to come in from the State,and the funds would not cover actual administration of the vaccine. The State is about two months behind in getting the consolidated contract amendments out. County health rankings should be coming out April 1,2021. Dave plans to create a document focused on Community Services in 2021 looking at the mission and adjustments that need made regarding Community Services,Public Health,and Community Development. BOARD OF HEALTH PROCEEDINGS March 23,2021—Page 2 7. Environmental Health Report by Dave Windom Dave shared the Environmental Health Report for Alex. Environmental Health permits are up,the County is seeing a large influx of incoming residents,and houses are selling same day. With the pandemic,some Environmental Health staff are helping support the vaccine clinics. 8. Community Health Report by Lydia Buchheit Lydia shared that half of her staff are still working within their programs while the other half are helping fill in for COVID-related activities. One additional person has been added to cover COVID calls and to work mass clinics on Thursdays. COVID cases are remaining low. 9. Other Business and Board Discussion Abe presented a Mason County Law Enforcement Assisted Diversion(LEAD)and Behavioral Health Navigator Programs slideshow. The grant for the LEAD program will go through the end of June and Abe is confident they will hit their target of 50 referrals. Sharon discussed her concerns for House Bill 1152 which has to do with organizing regional Public Health districts. At this time the Bill has passed the House and is in the Senate. This Bill would require the County to pay for expenses incurred by the Health District or County for enforcing the Governor's proclamations. Larger counties will get a majority of the funds due to population size instead of need. 10. Public Comments 11. Meeting adjourned at 4:05 p.m. BOARD OF HEALTH PROCEEDINGS March 23,2021—Page 3 ATTEST MASON COUNTY,WASHINGTON BOARD OF HEALTH MASON COUNTY,WASHINGTON McKenzie Smith,Clerk of the Board Darrin Moody,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 From the Director's Desk Ail July 2021 Time to get that COVID-19 vaccination! 18 months and counting with COVID-19. Demand for vaccine delivery has dropped dramatically. As of this writing, we have given over 58,488 doses in Mason County with 31,896 of those people fully vaccinated. We are currently at 51.1%fully vaccinated at age >12 years old. Rates of requests for vaccines have dropped in recent weeks and we may have reached a saturation point. Definite increase in case counts in almost all large counties as well as smaller counties pr 2021 Jul 2021 Mason Matters is being re-energized and the board is coming together again. We will be looking hard at all those things that contribute to health. It's important to work with the healthcare system, public health, community health groups, as well as all those contributing factors such as housing and workforce development. In the financial world, the news continues to be good. While the Covid-19 funding is winding down, our ability to continue to spend the funds that have already been allocated has been extended. Foundational Public Health funding (FPHS) should be arriving with the September Consolidated Contract Amendments. This funding is flexible within the brackets of FPHS but allowances have been made to include cross cutting capabilities to the definitions. Those capabilities include funding for some financial services that cross the boundaries between programs, and we will be using that funding to improve our fiscal department. I do have concerns with the current drought conditions and will be working with Emergency Management to go through the drought disaster plan, implement sections as needed, and look at updating it to reflect Group A water systems that have changed ownership. We are continuing our recruiting efforts for the Health Officer position, and I will be speaking at some length at our meeting on that topic. I will be on vacation but will attend the meeting remotely. David Windom, MSHS Environmental Health Report For Board of Health July 27th, 2021 From Alex Paysse, Environmental Health Manager Environmental Health added two new temporary environmental health specialists in June/July in response to water quality grant projects, increased permitting and additional EH complaints/ enforcement cases. Sewage & Drinking Wafer Program Sewage and Drinking water staff are managing to maintain respectable review times despite increases in permitting. Water Quality Program Ian Tracy continues to work our PIC (Pollution Identification and Correction) projects in North Bay/South Sound and Annas Bay/Hood Canal. In June, Casey Vaughn joined the EH team to assist Ian with our South Sound PIC project. Staff have discovered some very "hot" sample locations in Oakland Bay with this project. We are working closely with DOH, Ecology, and property owners on finding and correcting possible pollution sources in this area. DOH has provided informal notice for reclassification and downgrades for 2 harvest areas in Mason County this year. A portion of the conditional area in Annas Bay is being reclassified as closed. Also, an existing closed area in pickering passage (Jones Creek) is being expanded. Both closures are a result of sampling stations exceeding state standards for fecal coliform and nonpoint pollution concerns. We expect formal notices on these downgrades in August which will obligate response plans to address pollution sources. At end of June, we were notified by Ecology of some very high sample results in the swimming areas of Belfair State Park, Twanoh State Park, and Potlatch State Park as part of the states BEACH program. Advisory signs were posted (July 2nd), but then removed the following week considering improved sampling results. This was after the hot heat wave experienced across western Washington in June. The increasing temperatures drove more people, pets and wildlife to water which is likely the cause for the spike in pollution. Solid Waste Program Our Local Solid Waste Financial Assistance (LSWFA) and Waste Recycling and Education Grant wrapped up in June. Funding for the LSWFA grant has increased slightly for the 2021/2023 biennium, but not enough to support more staffing. We received approval from our BOCC to hire another temporary EHS to assist with solid waste and sewage complaints. Travis Casey joined us on July 12th and comes from Chelan County Public Works. This position is funded by the Foundational Public Health Services (FPHS). This support should help in combating the amount of enforcement cases environmental health is looking at. Water Recreation Program Kayla met with DOH staff on the preopening inspection of the new YMCA Pool. It is not often Mason County has a new pool or spa open. The state DOH regulates the design and construction of new pools/spas, then Mason County regulates and performs routine inspections thereafter. Additional items or actions for BOH review: MASON COUNTY • MCC Chapter 6.76 amendments. COMMUNITY SERVICES B.ld-q.Pl--.EnvrtnnmmGl NeaIM,(ornmuniry Health To: Mason County Board of Health From: Alex Paysse, Environmental Health Manager Rhonda Thompson, Environmental Health Specialist Date: July 271h, 2021 Item: Updates to Mason County Code Chapter 6.76 Onsite Sewage Systems. See attached draft changes. Background RCW 70.05.060 directs the local board of health to enact local rules and regulations as are necessary in order to preserve, promote, and improve public health and provide for the enforcement thereof. Chapter 6.76 was implemented in 2009 due to increasing changes in state codes and requirements surrounding the administration and oversight of onsite sewage systems. Since 2009, staff has found various gaps between state and local codes. In addition, time and experience have prompted changes in processing of permits, code enforcement cases, and certification of contractors. The proposed amendments were compiled by staff and presented to the Onsite Sewage Advisory Committee on July 13th, 2021. After discussion, the committee members voted unanimously to approve recommendations to adopt the proposed code amendments. Purpose The purpose of chapter 6.76 are to assure protection of public health by: 1. Minimizing the public health effects of on-site sewage systems on surface water and groundwater. 2. Minimizing the potential for public exposure to sewage. 3. Establishing design, installation, and management requirements for on-site sewage systems to accommodate effective treatment and disposal of sewage on a long-term basis. 4. Require a known level of treatment for sewage disposed in Mason County. 5. Enhance protection of environmentally sensitive areas within Mason County. Summary of changes 6.76.040 Definitions. • Addition of"Pit Toilets" to list of definitions. More information within 6.76.065 6.76.060 Minimum standards and adoption by reference. • Adds adoption and reference to building permit policies originally approved by Board of Health in 1996. • Adds support to health officers ability to restrict permit time of validity or time to install to one year on failing sewage components. Staff has found providing a 3-year time frame on repair of failing components sends a confusing message to applicants. Many times these repair/replacement permits are in response to surfacing sewage situations that can or are affecting public health. Staff already restrict permit timelines based on state code allowances, however adding the proposed language provides more clarity to applicants on current practices. 6.76.065 Adequate sewage disposal required. (added section) • Clarifies requirements for adequate and approved sewage disposal throughout Mason County. Addition of this section will assist with code enforcement efforts on varying situations related to surfacing sewage and water pollution. • Washington State provides recommended standards and guidance on permitting a Pit Toilet. Staff has concerns with use of such system due to the amount of surface water, streams, wetlands, and shellfish harvest area within Mason County. Requirements of increased soil depth and surface water setbacks already eliminates a big portion of Mason County. Recommendation is to prohibit use of such system in all of Mason County. 6.76.070— Operation and maintenance of on-site sewage system • Reference to use of management service (currently OnlineRME) in reporting inspections of an Onsite Sewage System. • Revises requirements around property sales and onsite sewage system maintenance. Previously code allowed a pumping to satisfy a property sale. Staff have received complaints from the public, realtors, and septic contractors around pumpers not satisfying a complete inspection of all septic components. Current proposed amendments to WAC 246-272A include requiring an inspection from an operations and maintenance specialist. Lack of a complete inspection has resulted in purchases of systems with failing components unknown to the purchaser. Requiring an inspection by an O/M Specialist (inspector) would resolve these concerns. Proposal will simplify property sale requirements throughout the county, provide more information to buyers, and align with future probable state code requirements. • Adds requirements for an up-to-date service inspection prior to additional development permitting. This requirement has been in place since 1996 when Board of Health adopted the building permit policies. Adding to code, helps with transparency to applicants and provides legal backing to disputes or appeals. Overall intent behind requiring an inspection is to be sure additional development is not being permitted on failing sewage components. 6.76.080 Certified pumper requirements. • Removes administrative enforcement on certified pumpers by Contractor Review Board, replaced by updated text under section 6.76.130. See also changes to 6.76.110 6.76.080 Certified installer requirements. • Removes administrative enforcement on certified pumpers by Contractor Review Board, replaced by updated text under section 6.76.130. See also changes to 6.76.110 6.76.080 Certified operation and maintenance specialist requirements. • Removes administrative enforcement on certified pumpers by Contractor Review Board, replaced by updated text under section 6.76.130. See also changes to 6.76.110 6.76.110 Certified contractor review board. • Removes contractor review board. This board would be used to oversee the administrative enforcement actions on a certified contractor. However, this board has been inactive for many years due to lack of work. Most contractor complaints reach resolution without needs of a dedicated board. Maintaining a board with little work is not efficient use of staff time or the members serving. Recommend replacing contractor board with board of health. In the event enforcement actions or hearings are necessary, BOH can be utilized. See added sections under 6.76.130. 6.76.130 Enforcement. • Adds supporting language to the condemnation of an establishment for lack of proper sewage disposal. Staff currently utilizes the existing language, but find it lacks some clarification. Sheriffs' office and the public has requested more clarifying information on how this condemnation is being interpreted by health dept. staff. Also adds language on how the county shall issue and serve these notices to provide uniformity. • Adds language around suspension and revocation of a certified contractor. Much of this language is already in place under the specified professional sections, this is a reorganization of existing requirements and replacement of the contractor review board with health officer and board of health. 6.76.140 Appeals. • Small adjustment to language around contractor review board, replaces with board of health and adds time period to appeal similar to surrounding counties and other Title 6 chapters. 6.76.150 Waivers. (Added section) • Waiver of regulations are allowed under state code WAC 246-272A. Mason County regularly approves waivers to state and local code in the onsite sewage program, however there is no local code that addresses this program function. These waivers can become important for various development requests. Staff recommends addition of this section to provide legal backing to current practices and align with other chapters under Title 6. Recommendations Recommend review and discussion on proposed amendments. If no changes requested, staff will forward to state DOH for review according to 246-272A-015(9) & (10). Formal action could occur at the September BOH meeting. Approval to formalize draft proposal by BOCC May 3, 2021 Review & Approval by Onsite Sewage Advisory Committee July 13, 2021 Initial Review by Board of Health July 27, 2021 Review/Approval by State Dept. of Health July 27 - Sept. 28 Review/Approval by Board of Health September 28, 2021 Review/Approval by BOCC to set Public Hearing October 4 & 12, 2021 Public Hearing and Adoption November 2, 2021 Effective Date January 1, 2022 Title 6-SANITARY CODE Chapter 6.76 ON-SITE SEWAGE REGULATIONS* Chapter 6.76 ON-SITE SEWAGE REGULATIONS* 6.76.010 Authority. Pursuant to the authority of Chapters 43.20.050,70.05.060 RCW,These regulations are hereby established as minimum requirements of the Mason County Board of Health,governing on-site sewage systems in Mason County. (Ord. No. 32-09, §1,4-7-2009) 6.76.020 Purpose. The purpose of these regulations are to assure protection of public health by: (1) Minimizing the public health effects of on-site sewage systems on surface water and groundwater. (2) Minimizing the potential for public exposure to sewage. (3) Establishing design, installation, and management requirements for on-site sewage systems to accommodate effective treatment and disposal of sewage on a long-term basis. (4) Require a known level of treatment for sewage disposed in Mason County. (5) Enhance protection of environmentally sensitive areas within Mason County. (Ord. No. 32-09, §2,4-7-2009) 6.76.030 Administration. The Mason County Public Health Director,through authority delegated by the Mason County Board of Health and the Mason County Health Officer shall administer these regulations. Fees may be charged for this administration. (Ord. No.32-09,§3,4-7-2009) 6.76.040 Definitions. The definitions of terms contained in Chapter 246-272A WAC are hereby adopted and incorporated by reference. In addition,the following definitions shall also apply in these regulations: "Board"shall mean the Mason County Board of Health. "Community drainfields"shall mean a drainfield serving two or more residences on two or more parcels. "Continuing education unit(CEU)"shall mean unit of credit customarily used for continuing education courses. One continuing education unit equals ten professional development hours. "Department"shall mean the Mason County Public Health. "Director"shall mean the Mason County Public Health Director or a member of the department authorized by and under the direct supervision of the Mason County Health Officer and Director. Mason County,Washington,Code of Ordinances Created: 2021-03-16 10:16:49 [EST] (Supp. No.55,Update 1,5-21) Page 1 of 10 "Health officer"shall mean the Mason County Health Officer or a member of the department authorized by and under the direct supervision of the Mason County Health Officer. "Pit Toilet"is an on-site sewage disposal unit consisting of a structure overlying an excavation not exceeding five feet in depth in which human excrement(human feces and urine)is directly deposited for permanent placement in the ground. "Professional development hour(PDH)"shall mean an hour engaged in a qualifying activity. "Qualifying activity"shall mean any activity that is related to on-site wastewater treatment systems or will help the installer or operation and maintenance provider maintain their competency. "Shared drainfield"shall mean two residences on one parcel sharing one drainfield with or without separate tanks. "Significant periods of the year"shall mean from December 1 through March 31. "Surface water"shall mean any body of water,whether fresh or marine,flowing or contained in a natural or artificial unlined depressions for a significant periods of the year,including natural and artificial lakes, ponds, springs, rivers,streams,swamps,marshes and tidal waters. (Ord. No. 32-09, §4,4-7-2009) 6.76.050 Applicability. These regulations shall apply to all on-site sewage systems except the following: (1) New construction for which a permit was issued prior to adoption of these regulations and which is still valid. (2) Facilities constructed or operated in accordance with a permit or approval issued by the Washington State Department of Ecology.Where these regulations are in conflict with Chapter 90.48 or 70.95 RCW, said RCW shall apply. (3) Facilities constructed or operated in accordance with a permit or approval issued by the Washington State Department of Health. Where these regulations are in conflict with 246-272B WAC. (4) Where any of the requirements of these regulations conflict with one another or with any requirements of Chapter 246-272A WAC,the more stringent requirement shall apply. (Ord. No.32-09,§5,4-7-2009) 6.76.060 Minimum standards and adoption by reference. (1) "Chapter 246-272A WAC, Rules and Regulations of the State Board of Health for On-Site Sewage Systems"as presently adopted and any future revisions are hereby adopted and incorporated by reference in these regulations.Copies of said document shall be maintained and made available to the public at the Mason County Public Health office. (2) "Mason County Public Health On-Site Standards"as presently adopted and any future revisions are hereby adopted and incorporated by reference in these regulations. Copies of said document shall be maintained and made available to the public at the Mason County Public Health office. (3) "Mason County's On-Site Sewage System Management Plan"as presently adopted and any future revisions are hereby adopted and incorporated by reference in these regulations.Copies of said document shall be maintained and made available to the public at the Mason County Public Health office. Created: 2021-03-16 10:16:48 [EST] (Supp. No.55,Update 1,5-21) Page 2 of 10 (4) "Mason County Environmental Health Building Permit Policies"as presently adopted,and any future revisions are hereby adopted and incorporated by reference in these regulations. Copies of said document shall be maintained and made available to the public. (54) Permits shall be required prior to any construction,alteration,extension, relocation,or repair of any on-site sewage system. Permits shall be valid for three years from the signature date of the site inspection. Permits proposing repair of failed components shall be valid for one year from the signature date of the site inspection.-Permit fees shall be charged according to the"Mason County Publie Environmental Health Fee Schedule." Copies of said document shall be maintained and made available to the public at the Mason County Public Health office. (Ord. No.32-09,§6,4-7-2009) 6.76.065 Adequate sewage disposal required. (1) Every residence, place of business,or other building or place where people congregate, reside or are employed shall be connected to an permitted public sewer or Large Onsite Sewage System approved by Washington State Department of Health or Onsite Sewage System approved by the health officer. (2) Any unit/facility with the protentional to generate wastewater by virtue of being equipped with a toilet,sink, shower or other plumbing fixtures shall be connected to an permitted public sewer or Large Onsite Sewage System approved by Washington State Department of Health or Onsite Sewage System approved by the health officer. (3) Installation and use of Pit Toilets for sewage disposal shall not be permitted nor considered an adequate form of sewage disposal in Mason County. 6.76.070 Operation and maintenance of on-site sewage systems. (1) On-site sewage systems shall be inspected as prescribed in 246-272A WAC and the Mason County Public Health On-Site Standards. (2) The homeowner or person contracted by the homeowner to perform the inspection service shall report fully on the status of the on-site sewage system, using the form and/or management service prescribed by the director. (3) The homeowner or person contracted by the homeowner to perform the inspection service shall report immediately any identified on-site sewage system failure to the department. (4) The system owner shall take necessary corrective action,as identified by the director,to correct deficiencies in system design and operation,when such deficiencies are documented through operation and maintenance inspections. (5) When a property contains and/or is served by an on-site sewage system,an inspection service report by a certified operations and maintenance specialist is required within 12 months: (a) Prior to the sale of property or transfer of ownership. (b) Prior to the application for residential or commercial building permit(s) (c) Prior to other land use or governmental actions such as land divisions or boundary line adjustments Created: 2021-03-16 10:16:48 [EST] (Supp. No.55,Update 1,5-21) Page 3 of 10 The inspection service report shall include the status and findings of all system components at time of the inspection and use the form prescribed by the director. T.-,^,;fpr Af• silent^ FShi.Shall (a) GUFFent shall Fnean within thFee yeaFs with a systeFA Eensisting solely of a septie tank and-d1rainfieldd and annually f...all ether l.^ site s pti.-system. (b) SeFvaee fe-F-an ASIR SiRe Sewage systeFR EGASiStffil9g solely of a septie tank and gFaVity dFainfield shall he pel49Fmed by a Mason County GeFtified PumpeF OF a Mason Ceunty GeFtified Operation and MainteAanEe Speeialist.All etheF On site sewage systems will FequiFe a FePGFt fFGFA a M25eA G%Rty (Ord. No.32-09,§7,4-7-2009) 6.76.080 Certified pumper requirements. (1) It shall be unlawful for any person,firm or corporation to engage in cleaning any septic tank,seepage pit or chemical toilet,or removing other accumulations of sewage without first obtaining a pumper's certificate from the department. (2) The requirements for pumper certification shall include all of the following: (a) The applicant shall demonstrate having a certified disposal site for the septage or holding tank wastes. (b) The applicant shall demonstrate sanitary equipment meeting the following requirements: 1. The pump tank shall be of at least one thousand gallons in capacity, in good repair,and of cleanable construction. 2. All outer contact surfaces and fittings shall be kept in a clean and sanitary condition while stored or in transit,and all premises served and equipment used shall be left in a clean and sanitary condition. 3. All discharge valves shall be in good repair,free from leaks and fitted with watertight caps. 4. The name of the operating firm shall be prominently displayed on the sides of any pump tank vehicle. (3) 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 pumper's certificate shall not be transferable. (4) Copies of all pumping reports shall be submitted to the Mason County Public Health office monthly. exeept as IRI..tee ��beetion(6)of this sect'en. (5) A copy of the pumping report as prescribed by the health officer shall be given to the homeowner at the time of the service. (6) on site cemponents that eeuld- Fe-s-Ult in hu.nRan. rARtart y0wth sewage effluent,fa*'UFe tG FepeFt te the depaFtFnent within seven weFI(ing days nenfunetiaRjng en site eempenents that r-e-uld re-rult in furthe-F system darnage,fai'UFe to FepeFt to the department within t� site sewage system cempenents,OF etheF negligeRee,eF misFelaFesentatien.Said swspensioR Created: 2021-03-16 10:16:48 [EST] (Supp.No.55,Update 1,5-21) Page 4 of 10 ulations and-. ,III be held i -.h.,..-,nee pending F elution of the appeal. with the.d.,..,.,-+.. ent by the hel.deF of the........peF'S EeFtifiE.t.,..,ithi..the ten day peFied (Ord. No. 32-09, §8,4-7-2009) 6.76.090 Certified installer requirements. (1) It shall be unlawful for any person,firm or corporation to engage in installation,alteration, repair or modification of an on-site sewage system within Mason County without first obtaining an installer's certificate from the department except as noted in 246-272-0250 WAC. (2) Requirements for installer certification shall include all of the following: (a) Presentation to the director of evidence showing a minimum of one year experience working with a certified installer or some other experience that can be demonstrated to the director as providing knowledge and skills equivalent to having worked with a certified installer for a minimum of one year. (b) Prior to issuance of a certificate,the director shall require written examination of the applicant's knowledge of on-site sewage system principals and the rules, regulations, laws and ordinances affecting the public health and safety with respect to on-site sewage systems. (c) The initial certification 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.An installer's certificate shall not be transferable. (d) Prior to the issuance of an installer's certificate,the applicant shall provide verification to the department of their current status as a specialty contractor. (e) The installer shall accumulate twelve professional development hours for any three-year period. (f) The installer is responsible for maintaining records to be used to support credits claimed. Records should include date of activity,instructor's name,description of activity, number of contact hours and location.The installer shall keep their records of continuing education for the current renewal period plus the three years before the last renewal.All continuing education records and supporting documentation must be furnished to the board upon request. eew ly with any etheF FeqUiFement of these Fegulati9RS.Said suspeRsien may be appealed by the heldeeir Ref be held iR abeyanee, Created: 2021-03-16 10:16:48 [EST] (Supp. No.55,Update 1,5-21) Page 5 of 10 shall be peffnanently Feveked at the end of ten days following ser-viee ef sueh netiee, unless a WFitten ten day eFied: (b) The diFeete-F shall Schedule a speEial heaFing of an appeal for the With the ceFtified- FeveeM beaFd. (Ord. No. 32-09,§9,4-7-2009) 6.76.100 Certified operation and maintenance specialist requirements. (1) It shall be unlawful for any person,firm or corporation to engage in operation and maintenance of an on-site sewage system within Mason County without first obtaining an operation and maintenance certificate from the department. (2) Any operation and maintenance inspection required by the department shall be performed by appropriate personnel as specified in the"Mason County Public Health On-Site Standards." (3) The requirements for maintenance specialist certification shall include all of the following: (a) Presentation to the director of evidence showing a minimum of one year experience working with a certified maintenance specialist,working as a licensed designer or some other experience that can be demonstrated to the director as providing knowledge and skills equivalent to having worked with a certified maintenance specialist or as a licensed designer for a minimum of one year. (b) Prior to issuance of a certificate,the director shall require written examination of the applicant's knowledge of on-site sewage system principals and the rules, regulations, laws,and ordinances affecting the public health and safety with respect to on-site sewage systems. (c) The operation and maintenance specialist shall demonstrate to the director attendance of training in on-site wastewater treatment operation and maintenance at the northwest on-site wastewater training center or the equivalent. (d) 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 maintenance specialist's certificate shall not be transferable. (e) The operation and maintenance specialist shall accumulate twenty-four professional development hours for any three year period. (f) The operation and maintenance specialist is responsible for maintaining records to be used to support credits claimed. Records should include date of activity, instructor's name,description of activity, Created: 2021-03-16 10:16:48 [EST] (Supp. No.55,Update 1,5-21) Page 6 of 10 number of contact hours and location.The operation and maintenance specialist shall keep their records of continuing education for the current renewal period plus the three years before the last renewal.All continuing education records and supporting documentation must be furnished to Mason County Public Health upon request. (4) Copies of all maintenance reports,as prescribed by the health officer,shall be submitted to the Mason County Public Health monthly,exeept as eted iR subsectien(6) of this..,,e (5) A copy of the maintenance report,as prescribed by the health officer,shall be given to the homeowner at the time of service. tWGWGFI(iRg days, nenfunetiening an site eempeRents that re-i'd res-A human rentart with sewage the COU'd Fesult an fuFtheF System darnage,failuFe to FePOFt W the department within twenty W0FkiRg days advising that the shall be peFFRaRently Feveked at the end ef ten days fellewing septire of .-..hiFi.-^t., the tee .day p eel .,.-tofoe d GGRtFaEtOF F .,beaF.d within thiFty days of the. est fGF ho^.-i."t (9) it shall be unlawful feF an epeFatien and Fflaintenanee specialist t ____ . - , en site inspeetiens within M-SGR GO Rty d��.i....the p ...d his er he-F,-e Ftifi Eate eked O Suspend (Ord. No.32-09, §10,4-7-2009) Created: 2021-03-16 10:16:48 [EST] (Supp. No.55,Update 1,5-21) Page 7 of 10 i (3) The Feview beaFd shall act undeF by laws adopted by the beaFd.Cepies ef said dGEblment shall be I(ept on file (Ord. No. 32-09, §11,4-7-2009) 6.76.120 On-site sewage advisory committee. (1) The director shall establish and maintain an advisory committee called the on-site sewage advisory committee. (2) The advisory committee shall meet a minimum of once each year to evaluate department policies and procedures pertaining to the on-site sewage program,"Mason County Public Health Standards"and all relevant local ordinances and codes.The committee will present findings and make recommendations to the director and the board of health. (3) The advisory committee shall act under by-laws adopted by the Board. Copies of said document shall be kept on file and made available to the public at the Mason County Public Health office. (Ord. No.32-09, § 12,4-7-2009) 6.76.130 Enforcement. (1) It shall be unlawful to discharge sewage from any on-site sewage system,including septic tank wastes and greywater to surface water or upon the surface of the ground. (2) It shall be unlawful to use or maintain a malfunctioning on-site sewage system. Upon the discovery of the existence of such a system,written notice of violation shall be given to the recorded owner and/or occupant of the premises. Upon failure to adequately repair and restore the sewage system to proper working order within the time frame stipulated on the written notice or thereafter amended,the premises may be vacated. Failure to so vacate shall constitute an additional violation. (3) No person shall discharge waste products other than domestic sewage into an on-site sewage system(s), except where it has been adequately demonstrated to the director that the nondomestic waste discharge would be consistent with the system design,good sanitary waste treatment and disposal practice,and not cause a water quality violation or violate hazardous waste materials disposal law. (4) No person shall use and maintain an on-site sewage system except in a manner that is appropriate to the design of the system. (5) The director may condemn and issue a Notice of Non-Occupancy,according to law,any residence or other establishment which is accumulating or disposing of sewage in a manner contrary to the requirements of these regulations.The Notice of Non-Occupancy shall be served to the owner of the property,either Personally or by mailing a copy of the notice by regular and certified mail to the owner at his or her last known address. A copy of the Notice shall also be posted on the property where the alleged violation(s) occurred or is occurring. No person shall remain in or enter any building structure,or property which has been so posted,except that entry may be made to repair or correct any conditions causing or contributing to the threat to public health. No person shall remove or deface any such notice after it is posted until the required corrective action has been completed and approved. (6) All violations of these regulations 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 these regulations shall be abated if provisions for their continuance made pursuant to these regulations are not satisfied. Created: 2021-03-16 10:16:48 [EST] (Supp.No.55,Update 1,5-21) Page 8 of 10 (7) In addition to or as an alternative to any other judicial or administrative remedy provided herein, or by law, any person or establishment who violates these regulations or by each act of commission or omission procures,aids or abets such violation, may be assessed a civil penalty not to exceed two hundred 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 regulation within any five-year period. (8) In addition to or as an alternative to any other judicial or administrative remedy provided herein, or by law, any person who violates these regulations 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 these regulations,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. (9) Suspension of Certificate (a) The health officer may suspend any certified installer, pumper,or operations and maintenance specialist,after a hearing between the health officer and certificate holder,that the holder has performed with negligence, incompetence, misrepresentation or failure to comply with the applicable rules, regulations,guidelines, policies or practices which pertain to water supply and waste water disposal,to have made fraudulent misrepresentation in making application for a certificate or authorization or to have made fraudulent misrepresentation in making application for a permit to install an on-site sewage system,either existing at the time of certification or as thereafter enacted. (b) The health officer shall give written notice of the hearing to any person aggrieved who has filed a written complaint with the health officer and the affected certificate holder(s). (c) For the•first confirmed violation under this subsection by certificate holders,the suspension period shall not exceed 30 days; and the second violation in any three-year period shall result in a suspension of the certificate for a period not less than 15 days and not to exceed 180 days. (d) If the health officer suspends a certificate,the holder shall not proceed with any further work in connection with the activity covered by the certificate. (e) The certificate holder shall be notified by certified mail of suspension of the certificate upon determination of a finding that a violation has occurred requiring suspension. (10) Revocation of Certificate (a) A certificate may be revoked for repeated violation of any of the requirements of these regulations or any other applicable regulation or if,after a hearing with the board of health,the holder of such certificate shall be found grossly incompetent of negligent,or to have made fraudulent misrepresentations in making application for a certificate or for a permit to install an on-site sewage system,or should the bond or insurance required herein be canceled. (b) The health officer shall give written notice of the hearing to any person aggrieved who has filed a written complaint with the health officer and the affected certificate holder(s). (c) The third notice of violation issued within any 12-month period shall be considered as repeated violations and result in certificate revocation (d) If the board of health revokes a certificate,the holder shall not proceed with any further work in connection with the activity covered by the certificate. (e) The certificate holder shall be notified by certified mail of revocation of the certificate upon determination of a finding that a violation has occurred requiring revocation. Created: 2021-03-16 10:16:48 [EST] (Supp.No.55,Update 1,5-21) Page 9 of 10 (f) If,after revocation of a certificate,the applicant desires to reapply for a certificate,the applicant must wait six months prior to reapplication. Any person whose certificate has been revoked will be required to pay all applicable fees and take and pass the written examination again before issuance of a new certificate. (Ord. No. 32-09, §13,4-7-2009) 6.76.140 Appeals. (1) Decisions of the d*ee-Eer health officer pertaining to the certification of pumpers, installers and operation and maintenance specialists may be appealed to the-board of health within 15 working days of the decision which is being disputed (2) All other 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 to be held within thirty days of said decision being appealed. (3) Determinations of the health officer may be appealed to the hearings examiner.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 board for their next regular meeting. (4) Departmental orders and determinations shall be stayed for the period the appeal is pending,provided no surfacing sewage or public health hazard results from said stay. (5) Any variations from these regulations resulting in requirements less stringent than those found in Chapter 246-272A WAC shall have concurrence from the Washington State Department of Health. (6) Administrative hearings shall be conducted in accordance with Mason County Office of Environmental Health Variance and Appeal Procedure. Copies of said document shall be maintained and made available to the public at the Mason County Public Health office. (Ord. No.32-09,§14,4-7-2009) 6.76.150 Waivers. (1) The health officer may grant a waiver from specific requirements within this chapter if: (a) The waiver request is evaluated by the local health officer or delegated county staff on an individual, site by site basis. (b) The standards are more stringent than the standards of chapter 246-272A WAC,or from provisions in these regulations that are not contained in Chapter 246-272A WAC without department of health approval. (c) The waiver is submitted with any corresponding mitigation measure(s)to assure that the public health and_water quality protection,at least equal to that established by these rules, is provided. (d) The waiver is submitted with all necessary forms provided by the department and applicable review fee(s)according to the current Environmental Health Fee Schedule. (e) The local health officer determines that the waiver is consistent with the standards in,and the intent of, the rules of this chapter and chapter 246-272A WAC. Created: 2021-03-16 10:16:48 [EST] (Supp. No.55,Update 1,5-21) Page 10 of 10