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HomeMy WebLinkAbout1997/08/07 - Board of HealthMason County Board Of Health August 7, 1997 page l of 11 MASON COUNTY BOARD OF HEALTH August 7,1997 The Mason County Board of Health was called to order at 10:01 a.m. by Chairperson Cady with Board Members Bolender and Olsen in attendance. Dr. Mark E. Trucksses, Health Officer was absent. ATTENDANCE: Mary Jo Cady, Chairperson John Bolender, Board Member Cindy Olsen, Board Member Brad Banner, Director of Health Services Steve Kutz, Personal Health Director Mark Tompkins, Environmental Health Director Cathi Engel, Executive Director of Community in Schools Carolyn Jensen, Environmental Health Specialist/Water and Well Specialist Steve Whitehouse, Attorney -at -Law Diane Cooper, Taylor United Tim Sheldon, Economic Development Council (EDC) Drew Noble Mary Dunbar, Reporter, Mason County Journal Nancy Plews, Board Clerk Sonja Rau, Board Transcriptionist CORRESPONDENCE 1. Lorraine Coots submitted her resignation as Health Board Minutes Transcriptionist. She now has a full-time position with the Prosecuting Attorney's Office. 2. Mary M Knight School is putting on Peace Makers, dealing with conflicts. The Commissioners and Board of Health were thanked for their support of this program. 3. Steve Whitehouse submitted letter for Middleton Appeal on the Pittman property septic system. 4. Letter from Washington State Department of Health, directive to Mark Tompkins follow-up phone conversation on July 21, 1997 regarding inspection of all but one of shoreline residences inside Lilliwaup Bay Mason County Board Of Health August 7, 1997 page 2 of 11 closure area. The Mason County staff will be proceeding with the survey. Based on this level of infection coverage, the Washington State Board of Health will begin marine quality monitoring: Samples will be collected from established sites up to twice monthly. This intensified monitoring will be continued through the following winter of '97. A determination to reopen the area for commercial shellfish harvest will be based on Mason County's onsite sewage system inspection report and the current water quality information. In order to reopen the area they will need assurance that the onsite sewage systems in the area are not the source of previously observed high fecal coliform levels and water data that shows the area meets NSSP water quality standards. 5. A letter from the State Department of Health to Brad Banner, dated July 9, 1997 stating that the Jones Creek Cove area of Pickering Passage will be classified as Prohibited for commercial shellfish harvest. 6. A letter from the Washington State Department of Ecology stating that the legislation that was passed in 1997 opens a new filing period for registering claims for water rights. The new opening applies to water use that began before the State Water Codes were adopted for surface water in 1917 and ground water in 1945. The opening provides another opportunity for those who did not file claims previously to do so. Once registered, the validity of claim rights will be determined through the Washington State Superior Court proceeding called The General Water Rights Education. MINUTES APPROVAL, The minutes from the last meeting were not ready. ADMINISTRATIVE ISSUES October 2, 1997 meeting had been canceled but there is work that needs to be done. Chairperson Cady entered a motion to schedule an October, Board of Health meeting on October 9th at 10:00 a.m.. Board Member Olsen moved that this meeting be scheduled October 9th at 10:00 a.m.. Board Member Bolender seconded. Motion passed with Ayes. B: Yes; C:Yes; O:Yes. Change the November 6th meeting to November 5th. Board Member Bolender moved that the Thursday, November 6th meeting be canceled and rescheduled on Wednesday,. November 5th. Board Member Olsen seconded. Motion passed with Ayes. B: Yes; C: Yes; 0: Yes. Mason County Board Of Health 'August 7, 1997 page 3 of 11 HEALTH OFFICER'S REPORT Steve Kutz, Personal Health Director, gave a report from Dr. Trucksses who was absent. For the month of July there were 3 cases of meningitis, which required follow-up. One was probable viral meningitis which was not followed -up; one was a case of listeria meningitis, which required treatment, but no follow-up on contact; one was a case of Neisseria meningitis, where a Mason County resident died in transit to Saint Peter's Hospital. Family members required cophylactis. There was one case of Campylobacter and one case of Salmonella and two cases 'of active Tuberculosis. The one case of Tuberculosis is confirmed to be microbacterium, positive by smear. We are waiting for the cultures and the individual is responding to therapy, so it is most likely Mycobacterium tuberculosis. Also, contact a national chest x-ray that we believe also is Tuberculosis, and that has not been confirmed with culture yet. We have two people under treatment and are attempting to follow-up on the contact. It is not as easy as we would like it to be as the people we are working with are Hispanic and there is the language barrier and distrust of the Health Department or anybody in a position of authority. For the previous month of June there were 25 cases of Tuberculosis, in total, in the State. To put in perspective for Mason County - two cases in a month is the same number that Pierce County had in June and King County had 10 in the month of June. Chairperson Cady stated that there was an article in the July 11, 1997 New Tribune from the Center For Disease Control in Atlanta. It says that 2 people have died from human plagues last year were likely infected by prairie dogs. The deaths are among five cases of human plague in 1996. The Center For Disease Control Prevention said human plague can be treated with antibiotics if caught early. An 18-year-old man from Flagstaff, Arizona died in August after he was bitten by fleas while walking through a colony of prairie dogs in the northeast region of the state. The same month a Colorado girl contracted the plague. She lived near an area where a lot of prairie dogs had died The CDC believes she got the plague from her cat who became infected by the prairie dogs. Cat can catch the disease from infected fleas of rodents and pass it on when the bite, scratch or lick humans. Since 1947, there have been 390 cases of human plague, resulting in 60 deaths. Most cases are from Arizona, Colorado, California, and New Mexico. Chairperson Cady stated that she feels people should be aware when they travel with pets to other states they can bring home things they are not use to. Chairperson Cady stated that she is concerned about all the mixed information that is coming out from the county on bats and that we need to take a stand on this - they are either good or they are bad. She feels that the Board of Health is responsible for getting out information on the bats and there is a need to see what the message should be and get it out. Mason County Board Of Health August 7, 1997 page 4 of 11 ENVIRONMENTAL HEALTH PUBLIC HEARING: ON -SITE REGULATION REVISION Director Brad Banner stated that the Mason County Health Services regulates four different classes of contractors that are involved in on -site sewage disposal. We certify pumpers, installers, designers, and maintenance specialist. The proposed change in the regulation is to eliminate the requirements for bonding and/or liability insurance from people in these levels of contractors. The department and contractors have long been concerned about the burden on the contractors and consumers. If they were effective, they would be left but they are not effective. If you have a bond for a contractor the home owner or the department can't just go out and collect the money on that bond, they have to go to court and the judge decides who is at fault and what the penalties are. We have never collected on a bond because it is not an easy process. Chairperson Cady stated that they weren't doing the work for the county anyway and Brad Banner, Director of Health Services concurred. Director Banner stated that he had done research as to what the neighboring counties are doing and also talked to the Department of Labor and Industry. First he talked with Kevin and also with what the State requires. The State on -site sewage regulation does not have requirements for bonding or financial assurance for contractors. They leave that to the local government. The Department of Labor and Industry does not regulate pumpers, designers, or operation/maintenance specialist; they do regulate installers. They require an installer to have a $120,000 liability insurance and $4,000 bond in order to have a specialty contractors license. We are proposing to change that or just simply to make a requirement for installers to have a specialty contractors license, which is a State Law. In so doing, it will insure that they have a liability insurance and a bond. Kitsap County does have bonding for each one of their contractors and they have had confusion in the department about what to do with them and how to apply them. They are presently working on an interpretation of their requirements. Thurston County has no bonding requirements or contractors licensing requirements for pumpers, designers, or maintenance specialist - just the contractor's license for the installers. What we are proposing is in Sections 8, 9, 10, and 11 of the handout. Sections 18 is the Repealer and Section 19 is the Effective Date. The proposal is in to the Advisory Committee and has their unanimous approval. Board Member Bolender noted that it did not change the public's course of action incase they need to do that. Chairperson Cady stated that people who are designing systems have to pass the Board of Health scrutiny before they can get the permit. Board Member Bolender made a motion that the Revised On -site Regulations for Sections, 8, 9, 10, 11, 18, and 19 be adopted as proposed. Board Member Olsen seconded. Motion passed with Ayes. B: Yes; C: Yes; 0: Yes. Mason County Board Of Health August 7, 1997 page 5 of 11 SCHEDULE APPEAL HEARING Brad Banner stated that a schedule for the appeal hearing for an on -site sewage permit and design, that the Health Department had approved, is being appealed by Hugh and Gay Middleton. The property is owned by Mark Pittman. It is located on Robillards Cove Road off of the Green Road in the Pickering Passage area. Attorney Steve Whitehouse represents the Pittmans and Attorney David Middleton represents the Middletons. Mark Tompkins stated that he had talked to both attorneys. He stated that Mr. Middleton could not make it to either September 4th or October 9th. Mr. Whitehouse can not make it for the October 9th. Director Tompkins stated, that in talking with Mr. Whitehouse, it was suggested that some trials are scheduled on certain dates but may not occur on that date but are bumped forward. Chairperson Cady asked about evenings, and Mr. Tompkins stated that he had not talked evenings with any of them. Mr. Tompkins did state that they were all available in November. Attorney Steve Whitehouse stated that because this is probably going to be a two hour or more process, he suggested that more than one trial date be set so there would be backups. Chairperson Cady asked what the Mason County regulations were for appeals and Mr. Whitehouse stated that there are no regulations for this. Mr. Whitehouse stated that evening would be all right for him and he had no problem setting a special date. Board Member Bolender suggested having it in the afternoon after a regular meeting. Board Member Olsen moved that the appeal hearing for Hugh and Gay Middleton versus Mark Pittman be scheduled for October 9th, 1997 at 1:30 p.m.. Board Member Bolender seconded. Motion passed with Ayes. B: Yes; C: Yes; 0: Yes. Chairperson Cady asked Attorney Steve Whitehouse if they would know at the 10:00 a.m. meeting whether or not the appeal hearing was going to happen. His reply was yes. He said he would get in touch with Mr. Middleton. REVISED BUILDING PERMIT REVIEW POLICY Mark Tompkins, Environmental Health Director, stated that he had copies of a Revised Requirements For Obtaining a Building Permit Approval through Environmental Health. These were handed out by Mr. Tompkins. Mr. Tompkins stated that this policy replaces a current 6 stage policy. He stated that they had revised out two pages and created a flow chart. Three things we looked at to approve it were: 1. The plot land, which would agree with the building permit and septic records. 2. The water accuracy is demonstrated and that applies to new construction. Existing homes, replacements are exempt from that regulation. Mason County Board Of Health August 7, 1997 page 6 of 11 3. Demonstrate septic system adequacy. For a new septic system you have to have an approved design that matches the plot line. The flow chart deals, strictly, with existing systems. These are system that have been installed previously. We have worked with the shoreline planners and community to develop and change requirements as needed and we have revised them again. We look at two things when it comes to evaluating existing grade build. The first thing we look at is where it is located. We have that broken into three different locations: shoreline, non -shoreline, and North Bay sewer district. We have changed the shoreline to be defined as, systems located within 100 feet of a regulated shoreline. That is consistent with a horizontal setback within the on -site sewage regulations. Non -shoreline is - existing systems located greater than 100 feet from regulated shoreline. In the North Bay sewer district -properties located within the boundaries of the North Bay sewer district. The Federal proposal is further broken down: expansion, non -expansion (which applies for all three types of system locations). For the shoreline location it is broken down to low -impact expansion and repairs. The concern here is the cabins that are on existing drainfields of 50 years ago, which are now becoming full-time mansions without the system being evaluated. This policy was developed under that guidance on the shoreline planners and the community on how to evaluate those systems, so they are appropriate for that type of use. The flow chart allows the staff to determine the location of the septic system, the type of proposal, and then to determine the requirements. It allows it to flow, without public disclosure, to find out what the requirements are and to have the existing system evaluated to meet those requirements. The question was asked by Board Member John Bolender if there is state requirements for water adequacy and septic system adequacy as preconditions to issuing a permit? He was told that it is mandated by the state and the growth management act and that it is actually on the issuance of the building permit. It was stated that a person cannot occupy a home until it has had final inspection and final approval and sign off on their building permit. It was also stated that the a person could occupy a house before water adequacy, by going through the waiver process. Chairperson Cady stated that this is much more understandable and has come along ways since they looked at the first document. Board Member Bolender felt it was cumbersome and restrictive to require those things in advance. He felt that a person was not going to move into their house until they signed off approval on the building permit and he felt they were adding a cost to someone who wanted to build a house over a period of time and not move into it for several years but they do have a well and septic system. Board Member Olsen stated that they do have that opportunity through the waiver process to construct the house and drill the well later as long as they have a letter of intent from a well driller that says there is water in the area and there is no problem; on the septic system it would be an approved design. Mason County Board Of Health August 7, 1997 page 7 of 11 Board Member Bolender moved for approval of the revised building permit requirements for obtaining an environmental health approval. Board Member Olsen seconded. The motion was passed with two Ayes, Board Member Bolender abstaining. B: abstaining; C: Yes; 0: Yes. DEPARTMENT OF HEALTH/MASON COUNTY JOINT PLAN OF OPERATION Brad Banner, Health Service Director, stated this is an item that was tabled two months ago. It is a joint plan of operation between Mason County Health Department and the State Department of Health. The regulation of public water system is under the authority of Washington Department of Health and there is a provision in the regulation for them to contract with the local health jurisdiction to perform all or part of their work. This has been in effect since the state regulations back in late 1970's. Mason County Health Department (actually General Services at that time), has a contract with Washington Department of Social and Health Services (at that time), for looking at the new design of the small public water systems. At the time, there was Class One, Two, Three, and Four. Designated Class Four being between two and nine connections; The Class Three was transit things, business that didn't have an effect; Class Two was the ten to ninety-nine; Class One was one hundred or more. Mason County has a contract in place to do water connection according to class. There have been some changes over a period of time. Washington State Department of Health has adopted the EPA designations: Group A and Group B water systems, which is the basis for our water systems now. Group B is two through fourteen connections. Group A is most of the larger water systems and restraurants. Director Banner stated that what they would like to do is update the contract with the State. He directed the Board to look on page 10 of the handout which contained a table, which is really the heart of this and shows who is responsible for what part. He introduced Carolyn Jensen, Department of Health water person expert, who would answer any questions. Chairperson Cady commented that the comment "that we contract with them to do their work" and was Class B's considered their work? Director Banner answered that it would be if we didn't agree to do them ourselves. He also stated that there were two counties in the state that let the State do them. They are Spokane and Jefferson Counties. The problem with leaving it to the State is local communication and local control over it. Plus, it cost alot more. These two counties are trying to get into the business of doing it themselves because this is a service to their local residents. Chairperson Cady asked how much of this is Carolyn Jensen's work load. Director Banner stated that this is only a portion of her time. Chairperson Cady asked how much we are reimbursed by the State for that? Director Banner stated that we charge the customer a hook-up fee for that. Chairperson Cady asked where the satellite managers Mason County Board Of Health August 7, 1997 page 8 of 11 come in? Director Banner stated that they are regulated at the local level and we have the same requirements as the State does, it has nothing to do with the contract with the State but is one of the State requirements. Chairperson Cady asked if the satellite managers picked up any of the workload that Carolyn Jensen does? Director Banner stated that the satellite managers should make Carolyn Jensen's job easier because the theory is that you have professionals who know how to handle and operate water systems, and you don't have a small group of neighbors handling a water system and nobody really having any control over it, nor maintaining it, and no way to distribute the cost if it breaks down. That is what the object of the satellite managers is. Chairperson Cady stated that she gets calls from people with the little water systems who are afraid of coming under the satellite water system because of cost. Carolyn Jensen stated that it is not a requirement for an existing water system to have a satellite manager. Director Banner stated that the PUD is handling some of these smaller neighborhood water systems. Chairperson Cady asked if Arcadia was doing any of this? Carolyn Jensen stated that Arcadia is still an approved satellite agency and has sold a number of their water systems to Tall Timbers Water Company. Tall Timbers is seeking approval as a satellite management agency - they are not an approved satellite management agency. Arcadia is still on the list. Director Banner stated that the downside to the satellite managers is that it is required by the State and you have to get them. People go into the business and water systems become a commodity that get traded and sold and you lose local control over your own water system. The question was asked that in the counties that are doing this themselves do they charge a fee to the users. The State charges quite a bit higher fee and because the Group B water systems are not high priority with the State they put those aside until they can get to them, which is much longer than what the counties can do, stated Carolyn Jensen. Chairperson Cady asked what other changes there were to this contract. Director Banner said that what they would like to change concerns in the sanitary survey of food establishments. Mark Tompkins has been working with the State on a strictly health oriented criteria for these water systems, to review them for water adequacy for these food establishments. You will see that written in here with that written on the chart with DOH/MCHS*. The star* says they are a food service/public water system. Carolyn Jensen stated that this was only approval of the water not the water system. Chairperson Cady asked if this was also for quanity as well as quality? Mark Tompkins stated that this is public health oriented so it would be quality of the water. The quantity of water would come into play if there was multiple connections: multiple homes and a restaurant location and if they are looking at expansion. Chairperson Cady asked if the restaurants weren't already required to turn in water samples. Carolyn Jensen said the problem is the outlying regions of the county, where there are springs and the wells have not been looked at. Mark Tompkins stated that the problem is that their are restaurants which do not turn in samples and may have springs instead of wells. Chairperson Cady asked how they get their permits? Director Banner and Mr Tompkins answered that they are Mason County Board Of Health August 7, 1997 page 9 of 11 existing and they only look at the food handling practices and have never looked at the water source. Chairperson Cady asked if this would put them on a water testing and sampling schedule? The answer was yes and when they go out for food handling they will also perform this task too. Chairperson Cady asked how long this contract was for and she was told until it was revised again. Board Member Bolender moved that the Chairperson be authorized to sign the Joint Plan of Operation between the State Department of Health and the Mason County Health Services for the regulation of public water systems located within Mason County. Board Member Olsen seconded. Motion passed with Ayes. B: Yes; C: Yes; 0: Yes. PERSONAL HEALTH ISSUES COUNTY FAIR The Board of Health was notified that The Health Department Information Booth received the President's Choice Awards for the largest variety of information. The booth was shared with the Dental Coalition and The Community Schools Outreach Workers. Cathie Engel was introduced as the new director of the Community Schools Outreach Workers. The Dental Coalition passed out approximately 750 pre -made packets of information and supplies to those who visited the booths. Alot of information was passed out. Chairperson Cady welcomed Cathie Engel. TAYLOR UNITED Diane Cooper, Taylor United representative, requested help from the Board of Health in obtaining a water right from the Department of Ecology by notification to the Department of Ecology of sanitation needs based on inadequate water quanity at the existing site. Diane Cooper provided the Board of Health with a draft to help guide the Board where it should go. Board Member Bolender asked if with out the increased water flow they were not able to meet the States increased health standards? Ms. Cooper replied that was correct and this was on the existing site. The State is requiring that they update it and they have to notify the State how this is to be done. Chairperson Cady asked Director Banner to work with Diane Cooper and draft a letter from the Board of Health to send to the State, and also a copy to the Governor and to the Mason County Board of Health. Chairperson Cady also stated that they would be glad to help anyway they can. Mason County Board Of Health August 7, 1997 page 10 of 11 PUBLIC COMMENT DREW NOBLE Drew Noble stated that he feels that when people get there Class A septic system permit they should also have to have a water accuracy at that time. He stated that the problem is that when people get there septic system permit and plan to build in five years they often begin using the water system without an accuracy done and are prone to the State not accepting the system because of accuracy. The State is coming out with ERU (Equivalent Residential Use) that will be used for new water rights. ERU is based on peak daily use. These are due out this February, but probably won't be out until next February. They are coming down on design standards and regulations. He feels that the public water systems needs to know what is coming. He is recommending that the water accuracy be required at the time the septic system permit is obtained, rather than be part of the building permit process. Mr. Noble was invited as a guest to present his proposal to the Drinking Water Advisory Committee, which is composed of designer, well drillers, water industry people, satellite managers, and citizens. Carolyn Jensen staffs the committee. TIM SHELDON, ECONOMIC DEVELOPMENT COUNCIL Tim Sheldon, of the Economic Development Council spoke in favor of Diane Cooper, Taylor United. He stated that he would be glad to submit a letter as a Representative of the State of Washington. MEETING ADJOURED The Mason County Board of Health meeting was adjourned at 11:19 a.m.. Mason County Board Of Health August 7, 1997 page 11 of 11 MASON COUNTY BOARD OF HEALTH aNS John Bolender, Board Member Cindy Olse . , Board Member Respectfully submitted by: