HomeMy WebLinkAbout1995/02/02 - Board of Health MASON COUNTY BOARD OF HEALTH
February 2, 1995
The Board of Health was called to order at 10:05 a.m. by Acting Chairperson William O. Hunter,
with Board Member Cady in attendance.
ATTENDANCE: William O. Hunter, Acting Chairperson
Mary Cady, Board Member
Dr. Mark E. Trucksess, Health Officer
Brad Banner, Health Services Director
Steve Kutz, Director of Personal Health
Mike Tokos, Environmental Health Specialist
Nanci LaMusga, HIV/AIDS Educator
Mark Hope
Jerry Soehnlein, Simpson Timber Company
Kathy Geist, City of Shelton
Gordon Jacobson
PUBLIC HEALTH IMPROVEMENT PLAN
Steve Kutz, Director of Personal Health, presented the Public Health Improvement Plan which
will lead into some of the items coming up for discussion in the next few months. Mr. Kutz
reported that preventing illness and disease before it occurs helps reduce medical care costs. The
ten leading causes of death were: heart disease, cerebrovascular disease, chronic lung disease,
pneumonia and influenza, chronic liver disease, cancer, unintentional injuries, diabetes, suicide,
and HIV infection. He noted that the real causes of these deaths were due to tobacco use,
inactivity, certain infections, unsafe sexual practices, motor vehicle injuries, improper diet,
alcohol use, firearm use, drug use and toxic agents. Acting Chairperson Hunter asked whether
the order in which the causes were listed was significant. Mr. Kutz replied that tobacco use.was
number one.
Mr. Kutz informed that the Public Health Improvement Plan addresses what constitutes a good
public health department, what the department must do, what capacity was required and how it
would be measured. He noted that the goal of public health was preventing disease, injury,
disability and pre-mature death. Prevention categories include primary prevention such as
immunizations and health education programs; secondary prevention which most often detects
and treats disease at an early stage by such things as cancer screening; and tertiary prevention
which alleviates some of the effects of disease and injury. This could be through surgery,
physical therapy and medication. The Health Department was predominantly in primary
prevention and some secondary issues. Of the eighteen billion dollars spent in Washington State
annually for health care, less than 2% of that goes toward public health. The ability to prevent
public health problems and respond to emergencies cannot be created every time a situation
arises. If a food-born outbreak or water-born illness occurs, the plan has to be set in place to
forecast what the needs may be and how to address them. The public health system requires a
solid, on-going capacity to monitor, anticipate, and respond to health problems.
The Public Health Improvement Plan has 88 capacity standards, some are strictly for local health
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February 2, 1995 - Page 2 of 8
departments, some are for the State Department of Health, and some are combined. The first
standard was to access the needs of the community and the ability of the community to respond.
Ways to do this are developing public health policy, assuring community access to quality health
care services, protecting the community against public health threats, promoting public health,
providing leadership, financial, and organizational administration required to integrate these
functions into the community. The community not only includes our citizens, but also private
health practitioners.
The plan was proposed to be implemented over a six year period. It will be reintroduced to the
legislature every biennium. If the plan goes forward and the funds are allocated, during the six
year period, all local health departments in Washington State will implement these 88 capacity
standards. Board Member Cady questioned whether it may be a non-funded mandate. Mr. Kutz
replied that some of the funding was proposed to come from the state. A cost share has yet to
be determined.
Mr. Kutz informed that the core of the plan was collaboration. Local jurisdictions will be
expected or required to take the lead in developing a plan for shared responsibilities with certified
health plans and other community agencies. The Health Department will provide technical
assistance to certified health plans and other community providers to strengthen their abilities to
prevent disease and promote public health. Communication policies and networks will be
developed to make the plan work.
Mr. Kutz commented that the department's plan over the next few months was to go over the 88
capacity standards a few at a time with the Commissioners during briefing sessions to discuss
possible ramifications of the standards, whether the department was meeting them, and how they
would affect the department.
PUBLIC HEARING - SOLID WASTE HANDLING & FACILITIES REGULATION
At the time of 10:15 a.m., the notice announcing the public hearing to consider changes to the
Solid Waste Handling and Facilities Regulation was read aloud. Brad Banner, Health Services
Director, presented written documentation of the proposed changes. He announced that the only
change being proposed was to specify that the Board of Health, rather than the Board of
Commissioners, was authorized to set fees. This would make the fee establishment uniform
within the department. Acting Chairperson Hunter asked if the only time this wording appeared
was on page 2 of the regulation. Mr. Banner replied that was correct. Board Member Cady
clarified the change and Mr. Banner concurred. Acting Chairperson Hunter noted that the Board
of Health had spent considerable time last year going over the regulation which had resulted in
the document before them.
Acting Chairperson Hunter asked for public testimony on the proposal. No testimony was heard.
Board Member Cady/Acting Chairperson Hunter moved/seconded that the hearing on the
�i proposed changes to the Solid Waste Handling and Facilities Regulation be closed. Motion
carried. C: yes; H: yes; F: absent.
MASON COUNTY BOARD OF HEALTH
February 2, 1995 - Page 3 of 8
Board Member Cady/Acting Chairperson Hunter moved/seconded that the Board adopt the
change in the Solid Waste Handling and Facilities Regulation, Section Three: Solid Waste
Handling,Item 3.03.01, changing of the word "Commissioners" to "Health," so it reads the
Mason County Board of Health may establish reasonable fees for permits and permit
renewals following advertised public hearings as required by law. Motion carried: C: yes;
H: yes; F: absent.
Board Member Cady/Acting Chairperson Hunter moved/seconded that the Board adopt the
revised version of the Solid Waste Handling and Facilities Regulation with the change just
made. Motion carried. C: yes; H: yes; F: absent.
HEALTH OFFICER'S REPORT
Dr. Mark Trucksess reported that there has been an outbreak of syphilis in the Snohomish County
Health District, and explained how that district has dealt with'the outbreak.
Dr. Trucksess reported that AIDS was currently growing faster in rural counties and was no
longer a big-city problem. For the first time, new cases of AIDS in Washington were increasing
faster in smaller rural communities than in the Seattle/King County area. The majority of cases
are still from King County, the state's most populace county. In the last year, 911 new cases
_ were reported in our state. There was an average of 2 people dying daily as a result of AIDS
i
or AIDS-related illnesses. In Mason County, to date, there have been 25 cases of AIDS. Of
those, 8 have died. Twenty to 29 year olds count for 16%, 30 to 39 year olds count for 76%.
Of those 18 have been White, 4 Black, 2 Hispanic, 1 Asian, and none in the American Indian
population. No pediatric cases have been found in the county. Ten of the cases were
homosexual or bisexual men, 9 have been IV-drug users, 4 have been a combination of both, 1
case has been from heterosexual contact and 1 case did not have a risk factor report. In the
entire state, of the 5,900 cases, 59% have died. Twenty cases, in the state, have been children,
of which 10 have died. At the health department, 126 HIV tests have been performed in the last
year, with 1 being positive. That positive test was from a person from another county who came
to our health department to be tested. Mr. Kutz commented that it was not unusual for someone
to be tested outside their own community. Board Member Cady asked if this was for anonymity.
Dr. Trucksess replied that they are all anonymous but they could know someone in their local
health department.
A report on sexually transmitted diseases was given by Dr. Trucksess. He noted that these
diseases were much more common than people realize. It was estimated that at least half of all
Americans have acquired a sexually transmitted disease by the time they reach the age of 30.
Twenty-five percent of the United States population has herpes.
A brief communicable disease report was read.
Dr. Trucksess informed there was currently a shortage of Hepatitis A Immune Globulin, which
was the globulin given when a person has been exposed to Hepatitis A which helps to prevent
the illness.
MASON COUNTY BOARD OF HEALTH
February 2, 1995 - Page 4 of 8
The primary use of the globulin was to protect travelers who were going abroad. In light of the
shortage, the department would be screening people very carefully. The shortage was likely to
last all year, until such time as the manufacturer catches up with the needs. Based on national
recommendations, the department would not immunize travelers unless going to third-world
developing countries with a high rate of Hepatitis A, where they would be living, eating, and
working.
PUBLIC HEARING ON-SITE SEWAGE REGULATION
At the hour of 10:30 a.m., the notice announcing the public hearing to consider changes to the
On-Site Sewage Regulation as revised January 30, 1995, was read aloud. Brad Banner, Health
Services Director, presented the staff report. He informed that state regulations which the
department enforces have been revised twice since the local code has been updated. As a
consequence of this, the department wanted to update the Sewage Code so that the current state
regulations could be adopted as well as to add a section that would give the legal authority for
developing a private sector group to perform on-site system operation and maintenance checks.
In November, 1993, this process was started. An on-site advisory committee appointed a sub-
committee made up of representatives from the Department of Health, designers, and local
citizens, who put together the first draft. This draft was presented to the advisory committee who
- set up a public workshop at which comments were received from the designers, installers and
other interested parties. A great deal of input was received which was referred to the advisory
committee who did appropriate revisions. The Board of Health held a public hearing at which
time input was received and the draft was amended further. This resulted in its adoption in the
summer of 1994.
Mr. Banner advised that the state has to concur with the adoption of this regulation, and the
department has been notified that the state has requested some changes to its content. The
changes being proposed today addressed the state's concerns. Part of the revisions had to do with
the Design and Construction Standards which the state was updating, and the addition of specifics
regarding the appeal process. The advisory committee has reviewed the current changes. The
Board was presented with copies of the state's letter regarding the necessary changes.
Board Member Cady asked if this was the first time the public had seen these proposed changes.
Mr. Banner concurred and noted that after the public hearing notice was published a few requests
for further information had been received and sent out. Acting Chairperson Hunter asked if the
public forum held last week in which approximately 125 citizens attended addressed this
document. Mr. Banner responded that the changes had been discussed during the forum.
Mr. Banner explained each proposed amendment. On Page 2 of 12, Section 5.01.02 has been
deleted, which was in conflict with the state code. On Page 3 of 12, Section 6.03, the statement
regarding the validity of permits for two years from the date of site inspection rather than date
of approval had been changed. On Page 4 of 12, Section 8.04 the bonding requirements were
1
MASON COUNTY BOARD OF HEALTH
February 2, 1995 - Page 5 of 8
changed to allow an equivalent to the surety bond. On Page 5 of 12, Section 9.03.03 and on
Page 7 of 12, Section 10.02.03, the bond issue statements were also amended. On Page 8,
Section 11, new language relating to the monitoring and maintenance of on-site sewage systems
performed by maintenance personnel certified by the Department was added. The last changes
were on Page 12 of 12, Sections 15.04 regarding appeals. Section 15.06 and Section 16 refer to
administrative hearings being conducted in accordance with the variance and appeal procedure.
Board Member Cady asked whether the state had set a time limit on when this document had to
be adopted. Mr. Banner replied that since the state regulation was in force, there was no
immediate requirement from the state. However,the Department wanted a current code. Board
Member Cady questioned whether the state regulations were referenced in the document. Mr.
Banner replied that the state regulations were adopted by reference within the code. Acting
Chairperson Hunter questioned whether Section 11 was ready to be enacted. Mr. Banner replied
that they were currently working on Section 11, and this section could be adopted at a later time
during another public hearing if desired.
Acting Chairperson Hunter asked for public comment. Gordon Jacobson asked if the $2,500
design bond would also apply if the system was being designed by the contractor/installer. Mr.
Banner replied that contractors cannot design unless they were certified as a designer. Mr.
Jacobson wondered if it would be included in the contractor's bond if that person was also a
certified designer. Mr. Banner replied that the department felt, previously, that they would be
required to provide this bond in addition to their contractor's bond. However, the state bond does
cover this $2,500 bond. Therefore, the contractor's bond would work in lieu of this $2,500. The
key question was whether the design work was covered as well as the installation, and they
believe that it does cover both. Mr. Banner noted that the advisory committee would continue
to monitor the bond issue and make recommendations. Mr. Jacobson noted that a bond would
protect a citizen from a contractor/installer who performed poor work. Mr. Banner commented
on the legal process in which an individual would follow to recover a bond from a contractor.
Board Member Cady questioned Item 6.03 on Page 3 of 12, regarding its wording. She
wondered if, potentially, there could be more than one site inspection on a piece of property. Mr.
Banner replied there could be more than one inspection. She suggested that the word "final" be
added to the sentence so it would read: "from the date of final site inspection." Mr. Banner
commented on the suggestion. Board Member Cady wondered if the word "inspection" being
changed to "approval" would be better. Mr. Banner noted that the site was not approved until
the design was submitted and reviewed. Perhaps the key was to ensure that the date and
inspectors's signature was listed clearly on the check sheet during the first inspection. Kathy
Geist suggested that the permit could be valid for two years following the date the permit was
ready to be issued. Mr. Banner noted that the design would have to be approved also. Board
Member Cady suggested the wording "date and signature of site inspection." Mr. Banner
concurred.
MASON COUNTY BOARD OF HEALTH
February 2, 1995 - Page 6 of 8
Mr. Banner noted that Section 7 should be reviewed. He noted that the word "Health" should
be deleted so it would refer to the 'Board" only.
Board Member Cady/Acting Chairperson Hunter moved/seconded that the public hearing
be closed. Motion carried. Vote: C: yes.; H: yes; F: absent.
Board Member Cady/Acting Chairperson Hunter moved/seconded that the adoption of the
amendments to the On-Site Sewage Regulation be tabled until the next BOH meeting.
Motion carried. Vote: C: yes; H: yes; F: absent.
Mr. Banner will prepare the changes suggested today for submission at the next meeting.
VARIANCE - SIMPSON TIMBER COMPANY
Mike Tokos, Environmental Health Specialist, informed the Board that the Simpson Timber
Company has made a request for variance which would allow them to deposit incinerator ash
which contains a combination of woodwaste and tire materials at the landfill facility which is
currently allowed to accept woodwaste only. The waste would be deposited at the Simpson-
Dayton woodwaste landfill and would take place over a 90 day period while Simpson conducts
a trial boiler incineration process, burning approximately 90-95 percent woodwaste and 5-10
percent tire material. He noted that WAC 173-304 requirements state that the practice and
location not endanger public health or safety or the environment. Local solid waste regulations
require that the Board of Health concur with the variance approval. If it was decided after 90
days that they wished to continue, Simpson would apply to permit the landfill as a limited
purpose landfill.
Mr. Tokos stated that the Health Department has determined, after reviewing tire derived fuel,
that the primary concern was with increased levels of zinc. However, it has been found that
depositing ash within landfills results in embolization of the zinc to the point that leaching into
the groundwater was limited and would not be significant. During the 90 day variance, the ash
would be tested and the ground water would be monitored. The Health Department and the
Department of Ecology has determined that the landfill materials would not endanger public
health or safety or the environment and denial of the variance would produce a hardship to
Simpson Timber Company. During the 90 day variance, the Health Department and DOE would
repermit the landfill as a limited purpose landfill authorized to permanently accept woodwaste/tire
ash.
Acting Chairperson Hunter asked when the 90 day time period would begin. Mr. Tokos replied
that it would begin from the date the variance was approved. Mr. Hunter asked who would be
performing the ash and water testing. Mr. Tokos replied that the testing would be performed at
a state-certified lab and the results would be submitted to the Health Department and reviewed
by the Department of Ecology. Board Member Cady commented that the material on the
�J variance request she had read earlier was different than the material submitted today. She noted
MASON COUNTY BOARD OF HEALTH
February 2, 1995 - Page 7 of 8
that the earlier information related that it was a temporary request. She asked for confirmation
that the variance request was now being requested for 90 days while the permit was being
processed to classify the facility as a limited purpose landfill. Mr. Tokos responded that Simpson
had initially applied for a 90 day variance. However, since processing the request, Simpson
requested that they be able to start the incineration process and stockpile the ash until the
decision was made on whether or not the Board would grant the variance. Board Member Cady
asked what had been done with the materials in the past. Mr. Tokos replied that it had been just
woodwaste in the past. The tire material would be new. Acting Chairperson Hunter commented
that Simpson had received a temporary permit from the Olympic Air Pollution Control Authority
to try the incineration of tires mixed with fuel on a trial basis.
Jerry Soehnlein, Simpson Environmental Engineering Manager, stated that Simpson had started
on January 23, 1995. Since the beginning of the trials, they had determined that it has made a
very significant net improvement of their fuel quality and consequently the efficiency of their
boiler. They have received a variance from the Olympic Air Pollution Control Authority to allow
them to burn fuel with tire particles for a period of 90 days at which time the operations of the
boiler would be evaluated and tests performed. If after the review was complete, Simpson
decided to continue on a permanent basis, which it appears they would, they would be submitting
a request for a permanent change in their air permit. Ash was being generated and they are now
asking that Mason County allow them to, on a temporary basis, dispose of the tire-drive fuel ash
at the Simpson landfill. Currently, the ash has been stockpiled and stacked. The variance would
allow them to go through this trial period while simultaneously pursuing a long-time permit
change for a general purpose landfill. Energy has increased but the ash volume has not increased
significantly. Board Member Cady asked where the tires were coming from. Mr. Soehnlein
answered that they were generated in Mason County, however, they were prepared for
incineration in Portland, Oregon. He informed that during this 90 day period they will have
burned an equivalent of 3 years of production of bald tires in Mason County.
Acting Chairperson Hunter asked if there were conditions being requested by the Health
Department to the variance. Mr. Tokos replied that in looking at the research from other sites,
the only condition being recommended was that the ash be tested and ground water modeling be
performed in order to monitor any changes that may be necessary. Mr. Soehnlein informed that
the site was by the drysort northeast of Dayton. Dr. Trucksess asked if that area was considered
to be an environmentally sensitive area. Mr. Tokos responded that it was not, that it was a very
remote site.
Board Member Cady/Acting Chairperson Hunter moved/seconded that the Board adopt the
request for variance from the Simpson Timber Company for the deposition of
woodwaste/tire ash at the Simpson Dayton Woodwaste Landfill Facility during a 90 day
trial period for woodwaste/tire incineration subject to conditions of variance approval as
listed in the request. #1) ash characterization; #2) method of deposition; 93) ground water
analysis. Motion carried. Vote: C: yes; H: yes; F: absent.
MASON COUNTY BOARD OF HEALTH
�1 February 2, 1995 - Page 8 of 8
FINDINGS OF FACT/CONCLUSIONS OF LAW - FERGUSON
Board Member Cady/Acting Chairperson Hunter moved/seconded that the Board adopt the
Findings of Fact and Conclusions of Law and Order for Joseph and Margaret Ferguson.
Motion carried. Vote: C: yes; H: yes; F: absent.
CONDOM POLICY REVIEW
The Board informed that this agenda item had been previously decided to be discussed at the
March Board of Health meeting.
ADJOURNMENT
Board Member Cady/Acting Chairperson Hunter moved/seconded that the Board of Health
meeting be adjourned at 11:29 a.m. Motion carried. Vote: C: yes; H: yes; F: absent.
MASON COUNTY BOARD OF HEALTH
(absent)
M. L. Faughender, Chairperson .
William O. Hunter, Board Member
CGSZVI
Mary C y, rd Memb
Respectfully Submitted,
Lorraine Coots