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HomeMy WebLinkAbout1996/07/11 - Board of HealthATTENDANCE: MASON COUNTY BOARD OF HEALTH APPEAL HEARING July 11, 1996 Dr. Mark E. Trucksess, Health Officer Rev. Ernest Maisch, Appellant Pam Denton, Lead Environmental Health Specialist Mark Tompkins, Water Quality Program Manager Brent Long, Clerk APPEAL HEARING - ERNEST MAISCH BUILDING PERMIT APPLICATION PARCEL NO. 12220-50-01005 Health Officer Mark E. Trucksess called the appeal hearing to order at 1:00 p.m., stating he would be hearing an appeal filed by Reverend Ernest Maisch. The Health Department staff would present a chronology of events after which the appellant would be heard. Pam Denton, Lead Environmental Health Specialist, reported that this appeal was before them because Mr. Maisch has a piece of property in Allyn which has an existing septic system on the property, and he would like to construct or have built a two -bedroom residence on that lot and use the existing septic system. Mason County building permit policy requires a conforming septic system in order for Mr. Maisch to proceed with his planned construction. The septic system does not meet current code. She presented a written chronology relating to the property's septic system (Exhibit A). In September, 1975, the septic permit was approved for a two -bedroom cabin. Mr. Maisch commented that when he bought the property the blue prints had shown a two -bedroom home. Ms. Denton responded that the permit actually stated that it was a cabin. Mr. Maisch believed that there was quite a bit of difference between a two bedroom cabin and a two bedroom home. In July, 1988, an individual named Darwin Merrill asked the Department of General Services what the permit requirements would be to construct a residence on the property. In 1988, the county sent Mr. Merrill a letter telling him that according to the Shoreline Master Program, the septic system would have to meet current code in order for him to build a residence. In 1988, they reviewed the septic permit records, and it did not meet code. In September of 1988, another septic permit was applied for and it was approved. The purpose of that permit was to relocate a portion of the original drainfield. One lateral was moved further from the mean high tide. In April, 1996, Mr. Maisch applied for a building permit to place a two bedroom residence on the lot. Mason County's building permit policy requires the primary and reserve septic system to meet current code for new construction on shoreline lots. Based on a review of the septic records, the existing system did not meet code and there did not appear to be an area for a conforming reserve septic system. In May, an environmental health review was applied for and the septic system was further evaluated to see if it met current code. Two test holes were dug at the end of the laterals, and they were evaluated. Based on that evaluation it indicated that there was a high water table 38 inches below grade. The measured setback between the closest lateral to the bulkhead was 58 feet. In other words, the drainfield was only 58 feet from the Mason County Board of Health Ernest Maisch Appeal July 11, 1996 - Page 2 of 7 bulkhead. According to the as -built, the bottom of the drainfield is between 22 and 26 inches below grade. This leaves between 16 and 12 inches of vertical separation. Vertical separation is the distance between the bottom of the drainfield and the restrictive layer. In this case, the restrictive layer was the high water table. This system does not meet code which requires 36 inches of vertical separation and a 100 foot horizontal setback. Ms. Denton presented a copied page from the state regulations which defined and showed a diagram of vertical separation (Exhibit 2). She explained that vertical separation was the soil between the bottom of the drainfield and the water table. A gravity system under current code requires 3 feet of vertical separation, and Mr. Maisch's drainfield only has between 12 and 16 inches of vertical separation. In May, 1996, the Environmental Health Department filled out a waiver, for Mr. Maisch, to the building permit policy which requires a conforming primary reserve system. The system does not meet code, and the waiver was reviewed and denied by the Environmental Health Director. In June of this year, Mr. Maisch, himself, submitted a waiver application to use the existing system. No justification was submitted with that application. The waiver was reviewed and denied by the Director and by Dr. Trucksess, the Health Officer. The following day, June 13, 1996, a scaled plot plan (Exhibit 3) was submitted by Bob Paysee Sr., a Level II Designer, in Mason County. The plot plan does identify an area for a non -conforming reserve approximately 58 feet from the bulkhead. Mr. Paysee did not address or did not justify use of the existing system. The plot plan merely identified a non -conforming reserve area. Dr. Trucksess reviewed the plot plan. Ms. Denton informed that the system was originally installed in 1975. At that time, systems were installed with the intent of disposal only. The hope in 1975 was just to get rid of the sewage to prevent sewage from backing up into the home and the lawn. Treatment or cleaning up the sewage was not an issue in 1975. Today, septic systems are designed and installed to provide treatment and disposal of the sewage. Treatment is the most critical portion. She submitted a copy of a manual pertaining to vertical separation (Exhibit 4). She stated that although the information was somewhat technical, it did explain the treatment process and how important it was. Ms. Denton read from the manual entitled Vertical Separation, a Review of Available Scientific Literature and a Listing From Fifteen Other States, printed in October of 1990 by the Washington State Department of Health. Treatment is the process of purification by which the disease microorganisms, organic nutrients and the inorganic materials are removed from the sewage before the sewage enters the ground water. Vertical and horizontal separation is essential for the treatment of sewage. Vertical separation is the depth of permeable, unsaturated soil between the bottom of the drainfield and the restrictive layer. The restrictive layer can be hardpan, bedrock, or a water table. It is essential that on -site septic systems have adequate vertical separation in order to effectively treat the sewage. Vertical separation primarily affects the removal of bacteria and viruses. Vertical separation has been shown to be essential for the removal of pathogenic and biochemical sewage contaminants to an acceptable level. In order to achieve vertical separation, the hydraulic loading must be low enough so that the movement of Mason County Board of Health Ernest Maisch Appeal July 11, 1996 - Page 3 of 7 wastewater occurs under unsaturated conditions. In other words, the daily flow or the sewage going into the drainfield must be small enough so that the soils underneath the drainfield do not become saturated. Unsaturated flow occurs much slower than saturated flow, and this slower movement increases the contact time of the wastewater and the soil. Unsaturated flow permits an aerobic environment, which promotes faster and more complete treatment of the sewage. In 1989, a person named Reneau summarized and restated what several other researchers have concluded important for unsaturated flow: uniform distribution and development of a clogging mat. It should be noted that a clogging mat is most needed and least likely to develop in coarse - textured soils and therefore some other means of distribution needs to be used. The soil on Mr. Maisch's property is primarily coarse -textured Type I -A; sandy, gravelly material. Disposal is important and does go hand -in -hand with treatment. When proper disposal does not occur, vertical separation is reduced or disappears because the soils under the drainfield become saturated. As vertical separation disappears, treatment is adversely affected. Most effluent from an on -site septic system eventually enters the groundwater. Therefore, it is imperative for treatment to be accomplished to a known acceptable degree before discharge to the groundwater or surface water especially where shellfish and water recreation could be compromised. Horizontal movement is a common route of disposal for on -site septic systems. Therefore, horizontal separation distances are often used to provide public health protection of surface waters. By providing treatment with adequate vertical separation before horizontal flow takes place, degradation of water recreation and shellfish growing areas by septic systems is prevented. In 1980, two gentlemen named Hansel and Machmeier stated that if the groundwater table was too close to the bottom of the trench, saturated flow would result. Under those conditions saturated flow results due to groundwater mounding under the drainfield. Under saturated soil conditions, water flows through the macropores and can result in short circuiting of the soil purification process. This was of particular concern in soils overlying a high water table and it was also important on shoreline properties adjacent to shellfish and water recreation areas. This drainfield only has 12 inches of soil between it and a high water table. The property in question has a high water table, evident at 39 inches below grade. There is only approximately 12 inches of vertical separation. The system uses gravity distribution and is located in coarse sand and gravel. These two conditions combined, as outlined earlier, make saturated conditions likely because a clogging mat will not develop and the distribution is not uniform. In this case the distribution relies on gravity alone, and the whole drainfield is not dosed uniformly. It is also located in a shellfish and water recreation area. In 1991, the northern portion of Case Inlet in the Allyn area, typically known as North Bay, was downgraded for commercial shellfish harvest. In June, 1992, the Mason County Board of Health declared North Bay a public health emergency due to failed septic systems. Shellfish was prohibited for commercial harvest. Since then, over 50 septic systems have been repaired and three-quarters of the bay have been upgraded to conditionally -approved for shellfish harvest. There are many significant reasons why the department cannot allow the construction of a dwelling with the use of this existing system. Both the Mason County Building Permit Policy Mason County Board of Health Ernest Maisch Appeal July 11, 1996 - Page 4 of 7 and the Shoreline Master Program require a conforming primary and reserve septic system for new construction on a shoreline. The septic system does not meet code based on the information just provided. The septic system will not treat the sewage before it enters the water table. This lack of treatment will pose a threat to public health, and risk another downgrade of the shellfish beaches. The area is extremely sensitive and the bay has been downgraded in the past for shellfish harvest due to inadequate and failing septic systems. Mason County has spent time and money locating and repairing these inadequate and failing septic systems, and as a direct result, the bay has been upgraded for shellfish harvest. Allowing the use of this known substandard septic system goes against all the work that has been done in the past in order to clean up North Bay. There is a letter in the file dating back to 1988 stating that the septic system needed to meet code in order to build a house. The septic records use the mean high tide as a setback. Current code requires a setback from the ordinary high tide and the ordinary high tide is actually the mean higher high tide. In Allyn, the mean higher high tide is 14.16 feet and if a bulkhead is present, the bulkhead is considered the ordinary high water mark. There was also a minor issue regarding the water system that serves this lot. The water system is a larger Group A Water System under the jurisdiction of the Washington State Department of Health. According to the department's water adequacy ordinance, that water system must be in compliance in order to get a building permit. Last month, Simon Tung from DOH was notified, and at that time the water system was not considered adequate. In order for it to be adequate, construction documents needed to be submitted. It will not be a big hurdle, but at this time the water system was not adequate. Dr. Trucksess asked if there were any measures to be used to mitigate the problems of the septic system prior to construction. Ms. Denton stated that the primary concern was the lack of vertical separation and lack of treatment. There are pre-treatment devices that treat the sewage before it enters the drainfield. If a pre-treatment device was installed, it would alleviate the treatment concern. Dr. Trucksess asked if Mr. Paysee addressed any sort of mitigation. Ms. Denton replied that the plot plat did not include mitigation. Options have been discussed with Mr. Maisch. There are two types of pretreatment units. One is an aerobic treatment unit about the size of a septic tank. It relies on mechanical aeration to treat the effluent. The units cost approximately $4,000 to $5,000, not including installation costs. The systems are small, but they • do need ongoing operation and maintenance. Another option may be an intermittent sand filter which costs approximately the same. The operation and maintenance was also important in the intermittent sand filter, but there are not as many moving parts so the frequency is less. The problem with an intermittent sand filter is that it takes up a lot of area, and there may not be room. Rev. Maisch commented that he has purchased another 50 feet of adjoining property, and that his property was hooked up to the city water. Ms. Denton replied that there was a recreational vehicle on the lot. Rev. Maisch stated he paid $4,500 for a water hookup. Ms. Denton commented that the water system, according to the Department of Health, was out of compliance. In order to get a building permit, putting the septic system aside, the State Department of Health needed construction documents. If Harbor Water Company was to submit those construction documents to the . state, the state would say it was in compliance. Mr. Maisch could get his Mason County Board of Health Ernest Maisch Appeal July 11, 1996 - Page 5 of 7 building permit, providing the septic system issue was resolved. Rev. Maisch stated he has been hooked up to the water, just like everyone else. Ms. Denton stated that with a full residence, the use of the water would be much more than with a travel trailer. Rev. Maisch stated that when he bought the property, it was bought with the septic tank permit approved, as well as the water. He had written statements to this fact. Now, the water was being brought up. He had called the person he purchased the property from and was told his papers state $4,500 was paid for water for a two -bedroom home. Ms. Denton commented that Mason County has a Water Adequacy Ordinance which states that before a building permit can be issued for new construction, and you are going to be hooked up to a public water system, the water system must be in compliance. Mr. Maisch stated that it was approved for a 2-bedroom home. Ms. Denton noted that he was asking to build in 1996, and it was not in compliance. She noted that Mr. Maisch needed to talk with the Harbor Water Company about the water issue. Mr. Maisch responded that he has talked with them, and the water and meter were already in. He stated he could use the water now. Ms. Denton stated that with the circumstances the way they were, he could do that. However, in order to get a building permit that calls for a change of use, the issue with the water needed to be resolved. Dr. Trucksess noted that the water issue was not the topic being appealed. Dr. Trucksess asked about the additional 50 feet of property adjacent to Mr. Maisch's property. Mr. Maisch informed that it was undeveloped. Dr. Trucksess asked if a septic system could be placed on that lot. Mr. Maisch responded that was possible. Dr. Trucksess wondered if that would be the best solution. Mr. Maisch stated that he has been pastor at the church for 18 years and has a congregation of 900 people, and the property was bought for a place to rest. It would probably only be used on weekends. Dr. Trucksess replied that the potential use has to be looked at, not the current use. He noted that if Mr. Maisch sold, it would be a 2-bedroom home and a family may be living there. Mr. Maisch stated that when it was bought it was guaranteed that the septic and water was good. He would not have purchased the property if it had not been. It would cost $10,000 for a new septic system, and he could not afford that amount. The installer had told him that it was sand and gravel. He did not understand why there was a problem. Dr. Trucksess stated that the Health Department was required to abide by the state and county regulations, and anyone building new construction also has to follow these regulations. Mr. Maisch can utilize his system if the current use does not change. Mr. Maisch stated he wanted to build a home on the property. Dr. Trucksess stated his advice was to either use the property next door and have a new system installed or look into a pre-treatment device on the present system. Mr. Maisch commented that a new sewer system may be installed in the area. Mr. Tompkins responded that the earliest date for a sewer system may be five or six years in the future. Mr. Maisch believed the sewer system was paid for and it would be installed any time. Mr. Tompkins stated that Gary Yando would have information about the proposed sewer system. Mr. Maisch stated he would have to pay $10,000 and then pay another great expense when the sewer system was installed. He believed, in light of the sewer system coming to the area, there should be leniency. Dr. Trucksess noted that the installation of the sewer system was not approved yet. Ms. Denton noted that Mr. Maisch's house plans were actually quite large, over 1,500 square feet. It was only a 2-bedroom, but it had an office room which could potentially be used as another bedroom. Dr. Trucksess commented that another family could use it as a 3-bedroom home. Mr. Maisch stated he did not Mason County Board of Health Ernest Maisch Appeal July 11, 1996 - Page 6 of 7 intend to use it as such; he needed an office. Dr. Trucksess reiterated that the Department has to look at the potential use of the property. Dr. Trucksess suggested that Mr. Maisch look into either the pre-treatment device, which may be the most simple, or a new system on the undeveloped lot. Mr. Maisch stated the pre-treatment device would be the same amount of money. He stated he had talked with the installer and the soil was dry. He questioned who tested the soil. Even with the large amount of rain this year, there was no water in the trenches. Ms. Denton stated she had talked with Mr. Paysee about this subject briefly, and he had indicated that the soils were wet right where John Denison found the mottling. Mottling indicates a seasonal saturation. Mr. Maisch stated he would like to be shown this. He has dug there and has been unable to find any wet spots. It was as dry as a bone. It was all gravel and sand and would not cause any pollution. Mr. Tompkins stated there were several failures identified along that stretch of highway that he had been involved in the repair process. They also had high water tables. Mr. Maisch stated this was not fair and right for one person to pay the whole penalty, which he felt he was doing. He was paying for all the saturation that comes from everyone up the hill. Because his property was near the water, it was draining there. It was not coming from his property. Ms. Denton commented that since Mr. Maisch's property was so close to North Bay, his property may be subject to tidal influence. Mr. Maisch stated he has not seen any water there, and he paid $400 for it to be dug out and inspected. There was no water. He would guarantee that it was dry as a bone. Other people have looked at it and have told him the same thing. He did not believe it was fair the way he was being treated, especially when he purchased the property it was approved. He believed that the guidelines being changed was beside the point. Dr. Trucksess responded that it was the law they had to live with. Mr. Maisch stated he did not believe the tests. He would like to be shown the results. Ms. Denton replied that it had been a site evaluation. The staff person had looked for evidence of a seasonal water table, or saturated soil. In saturated conditions, the iron in the soil converts to soluble iron and it moves around. When it dries out, it leaves an orange blotchy color. When they inspect in the summer, they look for this coloring, which shows that the soil has been saturated seasonally. Mr. Maisch wondered if the department believed this was harmful. Ms. Denton replied it was. The sewage goes right into that water and does not get cleaned up. All the viruses, pathogens, and bacteria in the sewage go into the water. Mr. Maisch stated this would never be corrected. The entire hillside has water going into the bay. Ms. Denton stated it has been corrected. It was downgraded in 1991 for commercial shellfish harvest, and after approximately 50 septic system repairs, it has been upgraded. Mr. Tompkins had been involved in those repairs. Dr. Trucksess denied the appeal. He suggested that Mr. Maisch meet with his designer to discuss the options. Designs can be submitted for review and approved if they meet the regulations. Until that was done, Mr. Maisch could not be allowed to build a house, essentially a 3-bedroom home, and use the existing septic system. Mr. Maisch stated he probably would not build then, but would instead advertise the property for sale. He stated he has 200 feet there and it was all sand and gravel. Dr. Trucksess commented that it sounds like he has the potential for the installation of an acceptable septic system. However, the design has to be submitted. Ms. Denton stated she would see that Mr. Maisch receive a listing of certified designers. He Mason County Board of Health Ernest Maisch Appeal July 11, 1996 - Page 7 of 7 commented he would wait on that. Ms. Denton asked him to call if he needed the information. Hearing adjourned at 1:45 p.m. MASON COUNTY HEALTH OFFICER Mark E. Trucksess Respectfully submitted, Lorraine Coots