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HomeMy WebLinkAbout1996/12/05 - Board of Health (2) MASON COUNTY BOARD OF HEALTH December 5, 1996 The Board of Health was called to order at 10:00 a.m. by Chairperson William O. Hunter with Board Members Faughender and Cady in attendance. ATTENDANCE: William O. Hunter, Chairperson Ronald & Magda Krall, Allyn Mary Faughender, Board Member Gary Budd, Belfair Mary Jo Cady, Board Member Ray Finucan, Belfair Mark E. Trucksess, Health Officer David & Marilyn Farmer, Union Brad Banner,-Health Services Director Edward Noldan, Grapeview Steve Kutz, Personal Health Director Al Adams, Union Wayne Clifford, Technical Administrator Robert Paysee, O &M Subcommittee Pam Denton, Lead Environmental Health Specialist Robert Hager, Clean Water Dist. Will Satak, Environmental Health Specialist Ed & Marilyn Armstrong, Belfair Mark Tompkins, Water Quality Program Manager Carol & Pat Oman, Tahuya Betty Wing, GHCF Supervisor Don Malkowski,Alternative Septic Services Brent Long, Board of Health Clerk Russ Austin, Union Jeannette Barreca, DOE Warren Dawes, Clean Water Dist. Diane Cooper, Taylor United Steve Rose, Allyn Harry Martin, Lower Hood Canal Clean Water Dist. Len Haldeman, Allyn George & Erna Brucker, Union Joe Keller, Allyn Jim Roundtree, Bremerton Steve Olsen, Belfair David Westerman Harold Rosedel, Allyn Curt Owen, Food Service Advisory Committee Don Hawes, Allyn Leonard Hagan, Tahuya Ruffus Garoutte,Food Service Adv.Comm. Jim Hinton, Belfair Ron Krall, Allyn Charles and Margaret Bennett, Belfair Stan Walster, Grapeview Doug Ellingson, Allyn Dave Ghylin, Installer/Designer Bob Hinds, Tahuya Bill Neal, Arcadia Drilling, Inc. Norm & Barbara Loudenbach, Belfair John Frender, Belfair C.N. Capriotti, Tahuya Bill Quigley, Belfair Ernest W. Aries, Tahuya Dave Kinnee, Belfair CORRESPONDENCE Letter dated December 4, 1996, received from Joanna Schmitz, regarding her support of expedited certification of O & M maintenance workers. She indicated, also, that the Board of Health needed to pass a regulation that would ensure that the O & M Program would have enforcement. '; f MASON COUNTY BOARD OF HEALTH December 5,1996 Page 2 of 16 MINUTES APPROVED Board Members Cady/Faughender moved/seconded that the October 3, 1996, meeting minutes be approved as circulated. Motion carried unanimously. Board Member Faughender/Chairperson Hunter moved/seconded that the November 7, 1996, meeting minutes be approved as circulated. Motion carried. Vote: H: yes; F: yes; C: abstain. HEALTH OFFICER'S REPORT Dr. Mark E. Trucksess, Health Officer, reported that the Mason County Health Department tested forty people between July and September for HIV/AIDS. None of those tests were positive. Thirty-seven of those individuals tested received post-test counseling. New immunization requirements will become effective this year for kids entering school in September, 1997. All children entering school for the first time will be required to have a three- dose series of Hepatitis B and a Pertussis vaccination. A Tetanus booster is required prior to the child's seventh birthday, and the second MMR dose will need to be given prior to the child's ' thirteenth birthday. An amended schedule for receiving polio vaccinations has been developed for children living in the United States. Two doses of inactivated polio vaccine will be given at 2 and 4 months of age, followed by two doses of oral polio vaccine between 12 and 18 months and again at 4 to 6 years. The reason for this change is that the inactivated polio vaccine is not associated with vaccine-caused polio. There are cases of vaccine-caused polio with the use of the oral agent in the Unites States every year. There have now been 55 reported cases of Hepatitis A in Mason County since the first of the year. Last year at this time, there were 9 reported cases. There have been 12 cases of Hepatitis B and 27 cases of Hepatitis C. Many of the Hepatitis B and C cases are also patients who had Hepatitis A. The epidemic appears to be waning because there have not been any new cases this week. The October communicable disease report was given. APPEAL ACTION - COOPERSTEIN Board Members Cady/Faughender moved/seconded that the Board of Health uphold the Health Officer's conclusions on the Cooperstein Appeal. Chairperson Hunter called for discussion. Board Member Cady stated that many details brought forth during the Cooperstein's hearing were not pertinent to the appeal. Several civil issues were raised. However, as far as what has been done through the Health Department and with the Health Officer, the Board has reacted properly. The other concerns will probably need to be addressed in court. Motion passed unanimously. _ MASON COUNTY BOARD OF HEALTH December 5,1996 Page 3 of 16 PUBLIC HEARING - FOOD PROGRAM/WATER LABORATORY FEE SCHEDULES At the hour of 10:15 a.m., the Clerk read aloud the Notice of Hearing pertaining to the consideration of adoption of new and revised fees for Personal Health and Environmental Health Services related to food establishment permitting, water laboratory analysis, and operation and maintenance specialist testing and certification. Brad Banner, Health Services Director, presented copies of the proposed 1997 fee changes for the water laboratory. He reported that the Health Department was able to utilize Washington State Public Health Improvement Plan Funding that was earmarked for assisting local Health Departments increase their capacity to serve people to add testing parameters to the water laboratory. Fees need to be established for the .testing of BODs, total suspended solids, and nitrates, and the fee for coliform re-sample testing is being recommended to be lowered to $10. The Personal Health Services Fee Schedule was presented. Steve Kutz, Director of Personal Health, reported that there were seven categories of new fees that have not been on the fee schedule. The other fees were adjusted upwards and downwards based on reimbursement rates. If the Health Department's fees do not reflect the full amount paid by Medicaid, then the full amount could not be collected. The department wanted to be able to bill for everything that was payable. The fees were adjusted based on the cost of the service. Board Member Cady asked if the nursing visits were increased based on reimbursement rates. Mr. Kutz replied that was correct. Chairperson Hunter asked Mr. Kutz to review the sliding fee scale. Mr. Kutz stated that the sliding fee scale covers many of these fees. However, some fees were not adjustable, and this fact was noted on the schedule. Board Member Cady questioned why Hepatitis B vaccines were not listed on the fee schedule. Mr. Kutz replied that the vaccine was free for children. The $5 administration fee and the $11 office visit would be charged, but the cost of the vaccine would be free. Board Member Cady asked if the vaccine would be free to everyone or just those who receive medical coupons. Mr. Kutz responded that the vaccine was free to everyone who meets the age category. The Hepatitis B vaccine would be free for all children entering school next year. So, everyone born since 1992 would qualify. Eleven and twelve year olds and those kids who have been identified as being at risk were also able to receive the vaccine free of cost. Board Member Cady asked if those families with health insurance would be covered fully. Mr. Kutz replied that the insurance company would be responsible for the administration cost. Private providers enrolled in the Vaccines for Children Program also receive the vaccine at no cost, and they only charge for the administration fee. Board Member Cady asked if the changes in the Hepatitis vaccine requirements reported by Dr. Trucksess were nation-wide. Mr. Kutz replied that the new requirements were a state law. Mr. Banner commented that the third area of fee consideration was the Food Service Permit Program. This fee schedule was also distributed. Mr. Banner reported that 1996 fees were set at the end of 1995. At that time, an across-the-board 3% increase in fees was initiated. Public hearings had been held, and concerns were expressed by food establishment owners that the food service permit fees were not equitable. Consequently, the Board of Health decided, at that time, MASON COUNTY BOARD OF HEALTH 1 December 5,1996 Page 4 of 16 not to change the food fees, but to send the proposal to the Food Service Advisory Committee to review and present a recommendation on a more equitable fee schedule. The committee has completed this work and their recommendation has been incorporated in the proposed fee schedule. There are two fees - the standard fee and one for the proprietor who has gone through a certification course which has entitled the establishment to be on a self-inspection program. Actual costs were reviewed based on the number of establishments and the estimated time spent on each establishment. The other method used to determine fees was to review time sheet data based on a year of service. The advisory committee recommended that a new category entitled "Confectionery" be added. This would cover business establishments whose normal commercial activities were supplemented by the preparation and/or retail sale of non-commercially pre-packaged, non-potentially hazardous candy. Temporary establishments would be defined as a food service establishment open to the public for a period of time no greater than 21 days throughout the year in conjunction with one or more specific events or celebrations at a fixed location per event or celebration. Special permitting notes have been proposed for private clubs. This note states that private clubs serving the public on a regular intermittent basis (i.e., Moose,Elks, etc.) will have their fees pro- rated for the proportion of time open to the public. It was proposed that temporary establishments be given the opportunity for a reduced fee if the establishment was under the overall supervision of a manager certified under the self-inspection program even though the participating manager would not be on the premises during the entire operation. Provided, however, the participating manager must perform at least one self-inspection per day of the operation. Board Member Cady asked which category the espresso stands fall under. Will Satak, Environmental Health Specialist, replied that the espresso stands were considered non-complex small restaurants with restricted service. Board Member Cady asked what category a flower business which sells espresso would be under. Mr. Satak replied that would be a non-complex small non-restricted service restaurant. Board Member Cady wondered how often an establishment like this would be visited by the Health Department. Mr. Satak answered it was usually one time during the year, but if there were problems found, a follow-up visit would be made. Mr. Banner commented that the free-standing espresso stands take quite a bit of staff time because of the sewage, gray water disposal, and water supplies. Board Member Cady asked if the BODs, total suspended solids, and nitrates had been tested previously. Mr. Banner replied that these would be new testing services. Board Member Cady questioned if the City of Shelton would be utilizing Mason County's water lab. Mr. Banner responded that the City of Shelton was using the county's lab at this time. l i MASON COUNTY BOARD OF HEALTH December 5,1996 �._ Page 5 of 16 Ruffus Garoutte, Chairperson of the Food Service Advisory Committee, listed the names of the current members of the committee. He stated that he had been a strong advocate of establishing the Food Advisory Committee, and he believes the committee has been very successful in developing a food program which was beneficial to the community and the visitors to our community. He commended the Health Department staff for their commitment to the program. He read aloud a statement prepared by the advisory committee in favor of adoption of the Food Program Fee Schedule as presented. He noted that the new fee schedule could provide a $2,000 residual which could be used for an on-going educational program. The schedule could also provide a safer environment for the citizens and guests of Mason County. If just one food-borne illness could be prevented, it would save thousands of dollars. Curt Owen, Allyn Inn, stated he has been a member of the Food Service Advisory Committee since he attended a similar hearing in which he strongly opposed the fee schedule. He thanked the committee members and Health Department staff for the great job they have done in establishing the proposed fees. He stated that the proposal meets all the concerns he had regarding equity and gives more incentives for the self-inspection program which he believes is a marvelous program and makes for a much safer restaurant, which is what everyone wants. Chairperson Hunter asked for additional comments. Board Member Faughender noted his concern that a small non-complex market would be paying a $150 fee. Mr. Satak commented that examples of a small non-complex market would be the Grapeview Market and Bob's Market near Belfair. Board Member Faughender stated that $150 seemed high for this type of very small establishment. Board Member Cady noted that this category was proposed for a 163% fee increase. Mr. Banner responded that adjustments may be appropriate. These establishments are within a group and an average cost was being applied. He noted that staff would not object to this proposed fee being reduced. Board Member Cady asked how the program would be impacted if all the establishments went through the certification program. Mr. Banner replied that if that occurred, more time could be spent in education and pro-active programs, or cutting time from the program. When an establishment is certified, their fee is reduced by 66%. They do not know, at this time, how many establishments will become certified throughout the next year. Board Member Faughender asked if food banks were charged a fee. Mr. Satak answered that food banks would not be charged a fee even though they are inspected. Mr. Banner noted that the category "Markets, no fee," should be listed as zero across the graph. Mr. Banner reported that all food establishments in the county were mailed a copy of the proposed fee schedule and were notified of the public hearing date and time. Board Member Cady asked if any written responses were received. None were presented. MASON COUNTY BOARD OF HEALTH December 5,1996 Page 6 of 16 Board Members Faughender/Cady moved/seconded to approve the fees as submitted with the following changes in the food service permit fee schedule: non-complex large markets be reduced from $200 to $100, and that small non-complex markets be reduced from $150 to $75. Chairperson Hunter called for discussion. Board Member Faughender commented that the proposed fee increases for these two categories were at a much higher percentage than the others. Board Member Cady commented that Mason County has received some bad press lately regarding the water laboratory which was not correct. She explained that Mason County was not getting rid of their water laboratory. The county was re-doing some of its functions and placing it under Environmental Health. There was never any intention of getting rid of the water lab. Board Member Faughender noted that the lab was actually being strengthened by adding equipment and testing capabilities. Motion carried unanimously. RECESS The Board of Health recessed briefly between public hearings. PUBLIC HEARING / ON-SITE SEWAGE REGULATION At the hour of 10:30 a.m., a public hearing was held to consider revisions to the Mason County On-Site Sewage Regulation. This public hearing had been continued from the November 4, 1996, Board of Health meeting. Brad Banner, Health Services Director, distributed copies of the On- Site Sewage Operation and Maintenance Program which was revised and adopted on June 6, ` 1996, and the latest draft of the On-Site Sewage Regulation dated December 5, 1996. He explained that the Board, at this hearing, would need to address proposed changes in the On-Site Sewage Regulation, which is the legal mechanism for enacting the O & M Program. It does not set out fees or the O & M details. The O & M Program was adopted in June, at which time these items were addressed. Mr. Banner noted that there was already a sewage regulation in effect. He presented a copy of the current regulation which depicted the proposed revisions. The sections with proposed changes were reviewed aloud. Mr. Banner commented that if this revised regulation was adopted, the Design and Construction Standards would need to be completed and brought to the Board of Health for review, and then the Board would hold a public hearing to designate areas of environmental sensitivity which would presumably be those areas in Phase I of the O & M Program. Board Member Cady questioned revisions to Section 11. She asked if the pumpers in the county who have worked on gravity systems for many years would have to go through the complete certification process annually even if they were only working on gravity systems. Mr. Banner answered that the O & M Program has been modified and adopted to state that a person would need to have their system inspected every three years, and they would have the choice of having a pumper without being any further certified, a current pumper, current installer, current designer, or to do it themselves. , Board Member Cady questioned Section 9.02.03 which was being deleted because it was part of the State WACs. She wondered if a person could receive a waiver to a WAC requirement to do the work themselves if they were the owners of the residence but the property was being rented MASON COUNTY BOARD OF HEALTH i� December 5,1996 Page 7 of 16 by someone else. Mr. Banner answered that waivers are available, and have been given in the past. There is a test that can be given to ensure that the person doing the work is aware of all the regulations. Competency has to be proven. State concurrence is also necessary. Board Member Faughender questioned why Section 14 did not address what action would take place if requirements were not met. Mr. Banner replied that Section 7 addresses this matter. Section 7 states that upon failure by the owner of any system to comply with the requirements and standards of the certified inspector or with the department, within thirty days of notice, the department shall have the right to record on the deed of the property notification of noncompliance. Ray Finucan asked if a property owner had to be certified to repair their own system. Mr. Banner replied that there are minimum state requirements. Pam Denton, Lead Environmental Health Specialist, answered that it would depend on what type of repair. If it was an elaborate, alternative-type system, according to the state regulations, a person would need to apply for a waiver to install the system. If the repair was minor, a property owner could do the work themselves. Mr. Finucan related a personal septic situation. Ms. Denton noted that maintenance permits are necessary in order to keep the history of the system. Specific questions regarding systems could be addressed after the hearing. Chairperson Hunter noted that the O & M Program will be reviewed each year by the Board of Health. Al Adams, Union, testified in favor of the O & M Program. He stated it was a successful continuance of what had been started to find failing systems, test, and repair failing systems so they are not contaminating the Lower Hood Canal area. This was a very important part of the program. He believed the advisory board did a very knowledgeable job in putting together the proposal and he had great confidence in the Health Department's intention to make the on-site systems in Mason County better. Robert Paysee stated he is a septic system designer and has been a member of the O & M subcommittee for the last two years. He noted that the systems need to be watched. The pumps, floats and timers need to be maintained. Operation and maintenance was necessary. These regulations are needed in order for citizens to know what was being required. Most of the people he talks with are.in favor of O & M. Those who put in an expensive system want to ensure it is working properly. . Bob Hager, Vice-Chair of the Lower Hood Canal Clean Water District Advisory Board, stated he was speaking as a resident of Hood Canal and as a member of the advisory board. He believes the majority of residents in his clean water district have paid their fees,had their systems inspected or tested, and have corrected their systems whenever a failure has been found. These people want something done. It has been an extensive and expensive testing program to inspect and test all the on-site sewer systems in the Lower Hood Canal. He believes progress has been MASON COUNTY BOARD OF HEALTH December 5,1996 Page 8 of 16 made, but it was important that the O & M Program have a supporting regulation which will ensure that the testing is not needed again in five years. Don Malkowski, Alternative Septic Services, testified that he does maintenance in Mason and Kitsap Counties on alternative systems. He believes this is a good program. It was developed over a couple of years, and he was on the committee to help develop it. It is a bare-bones program. It was not an over-kill. He likes the idea of the Board of Health reviewing the program on a yearly basis. This program has been evaluated well by the committee and in the future it will be found to be user-friendly and not a burden to the consumer. The sophisticated systems which are installed within 200 feet of shorelines or in other environmentally sensitive areas need to be looked at. These systems are highly mechanical and they need to be maintained. He agreed with the implementation schedule. Dave Ghylin, installer and designer in Kitsap and Mason Counties, testified he was supporting the adoption of the document. He commented on the differences of the systems being put in now versus the ones installed 20 years ago. Now, they were being run by timers for a particular application rate. This document is written with the future in mind. These complicated systems need to be maintained. Mason County has a lot of shoreline areas and these systems need people who know how to protect the system. Stan Walster commented that he pumped septic tanks in years past, and he was present today to become educated on the proposal. He believes the proposal has been reviewed well. The one year inspection has been changed to three years which he agrees with. Some systems may not need to be looked at every three years, depending upon the amount of water being run through them. He noted that he could live with the way the regulation was written. Now, he needed to know where his system would fit into the schedule. Dave King, Belfair, stated he was afraid this regulation was the septic pumpers and engineers relief and retirement fund. He wondered if this regulation made it mandatory for people to come on his property to test his system. He did not believe the gravity systems needed to be checked every 3 years. Maybe every 5 or 6 years. He believed most systems were gravity and this may not be necessary. He remembered when you could buy plans for a system and install it yourself. You did not have to pay a huge fee to an "engineer." They should not be required to use these professionals. If this was mandatory, the fees would increase. It should be reviewed every year if the Board of Health has input on the fees. Chairperson Hunter replied that the county would only be maintaining a record of maintenance professionals that were currently certified and implementing a public-education program. Warren Dawes commented he lives in the southeast Mason area. He is also the Chairperson of the Totten/Little Skookum Clean Water District. The State Board of Health adopted O & M regulations to begin January, 1995, stating that the local health officers shall initiate periodic monitoring of each on-site system no later than January 1, 2000. They have agreed to do this because when there were problems with the inlets back in 1992 and 1993, in order to work out MASON COUNTY BOARD OF HEALTH December 5,1996 Page 9 of 16 the repairs of those systems, there was an elaborate program generating clean water districts, inspections of septic systems, monitoring of inlet water quality, working with the DOE with a consent order that was signed by the Commissioners in which we agreed that as part of compliance that we would have an ongoing operation, maintenance, and monitoring of on-site sewage systems. It has been mandated by state regulations which has the force of law and has been agreed to in our negotiations with the DOE, but there is a more compelling reason for us to be into operation and maintenance. In Totten/Little Skookum it was found during inspecting our systems that there was an 8% failure rate on all the systems inspected. If you looked at the shoreline only, there was a 14% failure rate. This was a time consuming and expensive program. If we do not have a follow-up program that will ensure that the systems that we found were not failing will continue to not fail through adequate operation and maintenance then he was afraid they would be back at this again in 3, 5 or 8 years and need another clean water district. They do not want to do another survey. They do not want to find them after they have failed. We want to keep them from failing in the first place. Complaints about having an operation and maintenance program have been heard. One complaint is that it is more regulation and we do not need more regulation. He would be the first to agree that we do not need bad or unnecessary regulation. But, they cannot just draw the line and say there will be no more new regulation. They have to look at regulation and put in that which makes sense and which is needed. The vast majority of people do not need regulation. That is the nature of regulation and laws. The vast majority are law abiding and do not need to be regulated. But there is a small segment of our society that we have regulations for, and that is to protect the society as a whole. Secondly, it comes down to the citizens to figure out how that regulation can provide a service and a protection to our residents without putting in an overly burdensome task or expensive system onto those residents. The second complaint he hears is that this will be expensive now and even more so in the future. And, once you are in the system if it is mandated, it will cost a ton of money. He worked with the subcommittee on the operation and maintenance program because he felt, as a citizen, it was important for the health of our water in this district. Not just our inlets, but our rivers and lakes. He was tired of seeing shellfish beds decertified and he did not want to see no swimming signs on our lakes. He does not want to see cases coming into the Health Officer with diseases like Hepatitis because we have not taken care of keeping our water clean. They have worked very carefully with the subcommittee to try to come up with a program which will do the job to protect the owner's system so they will not have to replace it, so it will continue to operate properly, and not cost too much to keep it maintained. A big part of that is enlisting owners to come in and help maintain their own systems. There are ways the owner can do that. Inspections on a standard gravity system can be done yourself. There are no requirements in the regulation stating that you have to have a certified maintenance specialist come in on a six year basis or at any time to do the inspection. These people are being on the honor system. They will do their inspections, and report that the system has been maintained so that it can be put in the county data base because it will be important to the next owner of that property. But, you do not have to use a certified maintenance specialist. The citizens are being trusted that they will MASON COUNTY BOARD OF HEALTH December 5,1996 Page 10 of 16 do it properly and the system will be kept running. Part of this is based on the faith that once people understand what is involved with operation and maintenance, they will want to keep it running properly. Many people do not really understand because the rules have changed on operating and maintaining systems. The systems are much more complicated and they do not understand that technology has gotten a head of a lot of people and they need to get involved to understand it. Wherever they could, they allowed the owners to do their own inspections. If it is a pressure distribution system, you can do the inspection yourself the first and second year, but on the third year there are certain tests that they were not sure the majority of owners would be able to do themselves so they wanted to give them a hand by getting a certified maintenance specialist in for those tests. And, if someone has a more elaborate system with sand filters or aerobic systems, then they are in need of having a professional take care of the system. They are trying to keep the cost down, the owners can negotiate with their private maintenance specialist on a fee, or they could select a specialist from a listing. There is some latitude. There are education opportunities available for those wishing to learn what is at stake in maintaining a system. The Cooperative Extension offers classes in the care and maintenance of septic systems. The next one planned is January 18th in the Shelton Library from 12 to 4 p.m., on a Saturday afternoon. It is an excellent program. Another class is scheduled on January 25th at the Brinnon Senior Center. The Belfair area will have a class at the North Mason School on May 8th. Terri King, Cooperative Extension, would also be happy to set up a special class for a group. Everyone needs to understand this matter, so the problems can be resolved. He has learned a lot about septic systems during the last few years. This O & M Program will start up and he will be able to maintain his own system. But he was not going to. He and Harry Martin have been on the committee to provide citizen representation along with the view points of professionals and county employees to come up with a workable plan. When this goes into place, Harry has said he would be first to get his system inspected, and he would be the second because he believes in it. It will be money well spent. He could do it himself, but he was not sure he would catch everything, and he could not afford to have his system fail. He would hire an inspector to see that it is done right and hopefully he will never have a problem with his system. Jeannette Barreca, DOE, congratulated the advisory committee, Mason County staff and the Commissioners for all the efforts they have gone through so far to protect water quality. Government, at all levels, frequently hear there is too much planning and not enough implementation. She was excited that this was actually going to begin soon and there would be accompanying education to actually help protect water quality and the beneficial use of water resources in Mason County. Bill Quigley, Belfair, stated that he had concerns. It was said that the owners could barter with the professionals, but if anyone has put in a well lately, you can call any well driller and it is $22 a foot. No competition. When things are mandated, there is no competition. He is concerned that these fees could far exceed their property taxes if there were no checks and balances. He has not heard anything about checks and balances in the fee schedules. He wondered about their MASON COUNTY BOARD OF HEALTH i December 5,1996 Page 11 of 16 property rights. Many live along 200 feet of these so called sensitive areas and he wondered if the gravity fed systems could be declassified so they have to put in new systems. He questioned what the sensitive areas were. He stated the sensitive areas were not defined and neither was the term, "a minimum known level of treatment prior to disposal." He wondered if a gravity system would be defined as providing a minimum known level of treatment. There are questions. Property rights have not been addressed nor the government's ability to mandate that someone be let on their property. These questions are not being answered. In the north end of the county a clean water district was created without a vote. If this program is good and it stands on its own merit, it should be tabled until the new commissioners are seated. There should be public hearings across the county so property owners across the county, not just those who are able to attend a public hearing on. a given day or night, can find out what they are getting into. If the program is as good as everyone says it is, then put it to the vote of the citizens and let them determine what can be done with their property and when it can be done. He was tired of the DOE 1994 consent order dictating what this county does. He would like to see this consent order thrown in an incinerator and burnt because they were never elected to administer to this county. Three people gave our county away to DOE and that was why they were being mandated to initiate this program. If the program is good, let the property owners decide by vote. They are the ones who have to pay, not the county government. Jim Roundtree stated he had an alternative system and there are quite a few of them being used in Mason County. His system, without a monitoring and inspection periodically, would certainly fail. He has gotten to know quite a few home owners with similar systems. They have had to spend a lot of money on their systems and they are interested in understanding their systems. These people will probably not have problems because they understand what is needed to keep their systems working. The people who have not had their system looked at are concerned about someone taking a look at their system and finding that it may not be in compliance and then all of a sudden they have to spend $20,000 to repair their system. Then they would get involved in an operation and maintenance program that would go on for ever. They are looking for another way out. He believes the O & M Program is a good one in mandating that they have to look at the systems which are more complicated. But, there are other pressure distribution systems being put in the county which do not have an O & M schedule and he was concerned about those. He has a pressure distribution system behind his system, and he probably has more problems with the pressure distribution and monitoring of it than some of the aerobic devices. There are systems which are boxes of rocks and they should be repaired or taken care of. If people don't understand everything they need to know about their systems, then there will be problems. A good majority are failing because of hydraulic over load more than anything else. There is surface water going into systems. The maintenance specialists can point these things out to people who have existing systems. Perhaps for a few hundred dollars they can bring their system, not so much into compliance, but get it working the way it should be working and they could go for many years or perhaps forever and not have to replace the system. He believes in the goal of the O & M Program. He has worked at the state level. DOE wants to know from Mason County how many on-site systems there are and what kinds they are and if they are being inspected and if they are working properly. And if they are failing, what kinds of failures are MASON COUNTY BOARD OF HEALTH December 5,1996 Page 12 of 16 they. It is an educational process that DOE and the State Department of Health are looking for, and this program is unique because it locks into one step at a time. The Board of Health has the opportunity to look at it on a yearly basis and if it is out of whack something can be done differently. He supports the proposal. Time and energy has been put into the program. It is a good program and a great first step. Charles Bennett stated he lives on the North Shore. He stated there are 26 pages of this regulation and it was the first time he has seen any of them except for one page he had requested. This program was adopted in June, 1996, and he had been told at that time that no action would be taken. For the first time, they were being offered 26 pages. He wondered how many really knew what was in the regulation. There was underlining, shading, and blocking. He would echo what Bill Quigley stated. This should be brought before the next administration who will have to fund and administer it. There should not be a decision made this month. He has heard many complaints about the inspections. He had an inspector mistake a pipe holding power lines for the septic pipe. This is the problem with these inspections. They are not good enough. Nothing is so burdensome as a secret. He referred to the November 14th Shelton-Mason County Journal, page 14, advertising the fee schedules for food inspections. He did not know who wrote it. It also mentioned that this hearing would be taking place. He wrote letters and had them printed in three papers and that was why many of them were present today. Not because of the other article. Public notices should be printed like the notice in the November 3, 1996, Bremerton Sun by the City of Bremerton asking for public comments. He asked the Board to please advertise what was needed. He was happy to see people testifying in favor of the proposal. Everyone likes it, but a few. He was addressing the majority. There were approximately 5,000 septic tanks checked, and about 12% failure in the Lower Hood Canal, including the questionable ones. Roughly there were 600 failures. Most of the talk is about the failures, but what about the rest of them? What about the over 4,000 septic systems which are all right? They will be covered with this same bureaucracy, to say nothing about the rest of the county. The Clean Water District should be spread to the rest of the county. His tank was put in under permit in 1964 and has been pumped 3 times. Each time the pumper said it was not needed. Nothing is wrong with the system, there are two people using it, but even so more bureaucracy is being built. The bureaucracy should be cut out. How are older citizens going to get the money to pay for these inspections? He wondered how all these systems could be inspected. Board Member Cady commented that 90% of the systems in the county were gravity systems and these systems can be looked at by the owner and determined whether or not they were working. Mr. Bennett responded that the bureaucracy will still be there. Board Member Cady informed that the Health Department will only be keeping a data base so the owners can be renotified when three years has passed. Mr. Bennett commented that would take time. He was surprised that Darryl Cleveland, Assessor, had never'been involved in determining the owners. Money MASON COUNTY BOARD OF HEALTH December 5,1996 Page 13 of 16 should be refunded to those who paid for empty lots. He stated he has brought these issues up for three years. Board Member Cady read aloud from the regulation regarding non-compliance. She stated that if someone does not buy into the program, the department shall have the right to record on the deed of the property notice of non compliance. That is it. There is no fee, there is no penalty, there is no enforcement. If Mr. Bennett did not want to be part of this, he doesn't have to be. They are trying to educate people so they understand what there system is. It will cost people with expensive systems much less if they learn about how their systems work and they start taking care of them. If they do not take care of their systems and they fail, they will be throwing $20,000 away again to put in a new system. This,is a program to try to help the citizens of the county understand what they have in the ground. The DOE was not real happy about this. She had negotiated for some time. This is a voluntary program with educational aspects. If Mr. Bennett, personally, did not want to be a part of it, so be it. Mr. Bennett commented that there would still be a threat and a statement on the property if he chose not to comply. Board Member Cady responded that they would possibly be putting a notification on the title which would state that they did not participate in the program so when a new person buys it they know they will need to check the system which is something that is required anyway. Mr. Bennett replied that this related to the mechanical systems only. Board Member Cady replied that it related to all types of systems. Mr. Bennett stated he did not find this information in the handout. Board Member Cady stated that the document has been available since June. Mr. Bennett wondered where the document has been and asked why this matter was not publicized. Board Member Cady replied that it was and there were more people present at the previous hearing than at this hearing. Mr. Bennett asked if it was advertised in the newspaper. Board Member Cady responded that it had been advertised in the newspaper. Chairperson Hunter stated that there were news articles as well. Harry Martin, Belfair, stated he was Vice-Chairperson of the Clean Water District. He approved of the O & M Program. He is also a member of the On-Site Sewage Committee and has been working on it for the last couple of years. A lot of people do not know that about a month ago 500 acres were opened along the Canal by the State Health Department. They were just informed by the State Health Department that another section of the Canal would be opened up soon from restrictions. The state is continually checking the restricted area of the Lower Hood Canal and hopefully the balance of the restricted area will be cleaned up. The sign at the Belfair State Park will probably be removed. We will have a clean Canal. There is progress being made by cleaning up the septic tanks. It takes time, but progress is shown. This has not been done by the Mason County Health Department, but by the state. There will be a clean Canal eventually. Diane Cooper, Taylor United, commented that statements have been made that this would be another regulation and there are too many regulations. She has worked through regulations and the regulatory process and at Taylor United they are regulated to death, but she and Taylor MASON COUNTY BOARD OF HEALTH December 5,1996 Page 14 of 16 United support this regulation and the O & M Program. They have worked toward this. The O & M Program has been adopted. The most logical step, now, is to develop and approve a legal framework to implement the O & M Program. It is time to move forward, not backward. Taylor United would support the current Board of Health in adopting the regulation. The current board heard the testimony, they know what the public feels, and in all fairness the current board should be making the decision on this regulation. Property rights do not give a person the right to pollute or impact other properties. Taylor United has tideland properties. Someone else's property rights do not give them the right to impact others. People come to Mason County for the quality of the environment, the water, the shellfish industries, the resource-based industries. That is because of the environment here, and these types of regulations protect this environment. Bill Quigley remarked that they have been told that a landowner would be able to take care of their own septic system if it was a minor one. However, Section 9.01 states that it shall be unlawful for any person, firm or corporation to engage in construction, alteration, repair or modification of an on-site sewage system within Mason County. He stated this was contradictory to what they have been told. The document was ambiguous and there should be more public hearings so the public is aware of what they are getting into. Pam Denton responded that there is a difference between installing a system and doing operation and maintenance on a system. The section referred to by Mr. Quigley pertains to installer requirements. Mr. Banner concurred with Ms. Denton, stating that section 9.01 refers to engaging in the business of installing. He referred to Section 9.02 which states that resident owners can install an individual on-site sewage system or make repairs or alterations when the conditions are met. The resident would have to meet minimum state standards. Steve Rose stated that he lives on the Grapeview Loop Road and he was concerned about this matter. There should be no mandatory requirements placed on citizens of this county until this is really looked into. It appears there are sufficient questions to justify that this matter be tabled until the new administration takes its position. He lives here for the same reasons others live here. They all need clean water and clean waterways for their kids, the environment, and salmon runs. This should be looked at further so there are not these questions. It needs to be tweaked. He realizes the document has been available since June, and he wishes he had seen it and appeared at the hearing in which it was adopted. However, a lot of people should be made happy, not just a few, and not for their own benefit or gain, possibly. He did not want something levied against him which was mandatory that he has to do or pay without getting a chance to vote on it. Chairperson Hunter asked if there was any further testimony. None heard. Board Members Faughender/Cady moved/seconded that the On-Site Sewage Regulation draft dated December 5,.1996, be approved as presented. Chairperson Hunter called for discussion. MASON COUNTY BOARD OF HEALTH December 5,1996 Page 15 of 16 Board Member Faughender commented that a lot of testimony has been heard today, some pro, some con. He heard no testimony from anyone recommending any changes to Section 9.01 and Section 9.02 or any paragraph in the document. This Board of Health has reviewed the regulation. The Operation and Maintenance Program was approved back in June. He heard three people ask that this matter be tabled, and many other people asking that the program go forward. He heard people concerned that the new Board would not have any say in this. However, the new Board will obviously be reviewing it, at least annually, and they can review it at anytime they would like to bring it forward. He believes the County Department of Health has a lot of work to do to get this in place. He certainly does not believe that it precludes the forthcoming Commissioners from having their say on this program; Those were the reasons why he made the motion for approval. Board Member Cady stated she was not happy with the Clean Water District Program the way it was done. It was expensive. When government handles something it gets more expensive than people need. That was her big complaint when they started into this. She wanted it handled by the private industry. If it is put out to the private industry there can be competition, and a person could negotiate the fees. It can be reviewed again in a year. She wanted the bureaucracy out of it as much as possible. They were mandated by the State to have some kind of a program county-wide. This will take it out of the hands of government and into the hands of private industry. The guidelines being approved today will ensure that the people in private industry know what they are doing. This sets up the guidelines they have to meet so they are certified and understand the systems they are dealing with so they can give the best possible service. The person who gives you the best service knows the most about the product and they are the one you will go to. Hopefully, this will take the government out of the business of septic systems and back to private industry where it belongs. This has been tweaked, it has been tweaked to death. The committee has looked at it, the Board has looked at, it has been sent back many times to the Health Department stating it was not good enough. The Board has told staff that it was still too regulatory, or it had too much bureaucracy. It has been taken down to bare bones. It is a good document. The people who do not like it need to study it and understand it. When they do, they will understand that this is one of the first times that government has taken a chance to give property owners back their rights. Chairperson Hunter called for vote on the motion. Motion passed unanimously. POLICY MANUAL UPDATE Brad Banner reported that a policy update was needed to ensure consistency in handling failing septic systems at food service establishments. Board Member Cady asked if the written policy being proposed reflected the procedure being followed. Mr. Banner replied that was correct. Chairperson Hunter noted that the Board has reviewed this policy. Board Members Cady/Faughender moved/seconded that the Board of Health approve the Environmental Health Policy for Food Service Establishments with Failing Septic Systems as presented by Mr. Banner. Motion carried unanimously. MASON COUNTY BOARD OF HEALTH December 5,1996 Page 16 of 16 LOW INTEREST LOAN PROGRAM POLICY Brad Banner informed that the Mason County Department of Health has a low interest loan program which is very complicated and involves several departments. In order to ensure that each step of the program is followed correctly, a written policy has been created. The policy was presented with amendments. Mr. Banner asked that this amended policy be approved by the Board. Board Member Faughender commented that he found the narrative very helpful, and believes it will be helpful to the department in the administration of the low interest loan program. Board Members Cady/Faughender moved/seconded that the Board of Health approve the corrections to the Low Interest Loan Program Policy as submitted. Motion carried unanimously. GROUP B WATER SYSTEMS DESIGN & CONSTRUCTION STANDARDS UPDATE Brad Banner reported that Bill Neal had been present to testify in support of these standards, but had to leave prior to the item being heard. Previously, the Board adopted Group B Water Systems Design and Construction Standards by reference in the Public Water Regulation. From time to time, the standards need to be updated and corrected and made more user friendly. Primarily, that is what was done with the draft before the Board. They have been allowed to reduce the requirements for two-party water systems so the standards need to reflect these new requirements so waivers were not required. Board Member Cady noted that Peggy Johnson has been working along with many others in the legislature to get the water rights regulation straightened out. Board Member Cady questioned when a water system agreement would be appropriate. Mr. Banner replied that it would pertain to a system owned by the community, and the agreement would spell out the terms. Board Member Cady questioned Section 14 pertaining to storage requirements. Board Member Faughender commented that since there was no urgency in adopting these updates, time could be taken to answer the questions. Board Members Faughender/Cady moved/seconded that this matter be continued until the January, 1997, Board of Health meeting. Motion carried unanimously. MEETING ADJOURNED Board Members Cady/Faughender moved/seconded that the Board of Health meeting be adjourned at 12:40 p.m. Motion carried unanimously. MASON COUNTY BOARD OF EALTH William O. Hunter, Chairperson Respectfully submitted, Mary J Cad , Board Me , r X Lorraine Coots Ni. L. Faughender, Bo d Member