Loading...
HomeMy WebLinkAbout1995/06/01 - Board of Health 1 MASON COUNTY BOARD OF HEALTH APPEAL HEARING June 1, 1995 ATTENDANCE: Dr. Mark E. Trucksess, Health Officer Mary Faughender, Board of Health Chairperson Brad Banner, Director of Health Services Dan Watts, Solid Waste Specialist Jesse L. Grey, Appellant Harold Franklin, Counsel for Appellant Francis and Betty Johnson APPEAL HEARING - JESSE L. GREY Health Officer Mark E. Trucksess called the appeal hearing to order at 1:00 p.m. He explained procedural steps which the appeal hearing would follow. The Health Department was asked to present a history of events and actions taken and the justifications for these actions and the pertaining law. One-half hour would be given to present this information, as well as testimony from any witnesses. After a short break, the appellant would present his appeal, with a recess after thirty minutes. Each side would be allowed a rebuttal as well as time for summary. The Findings of Fact and Conclusions of Law would be presented in writing within 30 days by certified mail to the appellant and the Health Department. If the appellant was dissatisfied with the result, he may appeal to the Washington State Anti-Pollution Control Board. Those testifying were asked to rise and were sworn in. Dan Watts, Solid Waste Specialist, stated that on May 10, 1993, a letter was mailed to Mr. Grey regarding his request for use of tires for tire potato farming. He was informed that the use of tires for farming did not violate any state or local regulations. On August 10, 1993, a letter was sent to Mr. Grey regarding complaints received about tire accumulations. The letter advised that a site inspection revealed a tire accumulation of over 2,000 tires and this was a violation of state and local solid waste regulations. On August 16, 1993, a letter was received from the Hartstine Island Community Club stating that members were very concerned about the storage of thousands of tires. August 17, 1993,Notice of Violation sent to Mr. Grey regarding tire handling violation. September 1, 1993, letter sent to Mr. Grey explaining the various components involved in implementing the proposed plan for tire farming. It also stated that the county granted a time extension for implementing this plan. September 9, 1993, a Plan of Operation was approved by the Mason County Health Department. September 23, 1993, letter from Mr. Grey stating that the Department of Labor and Industries was holding up his finances and also went into detail about his plans to implement his farm. September 29, 1993, letter to.Mr. Grey stating that the county had granted extensions to bring the violations into compliance. However, to date several of the time deadlines established had not been met. It also stated that the time extensions were only granted and continued if the property owner adhered to all the time-lines established by the Mason County Health Department. September 30, 1993, the final approval for the Plan of Operation was given and an October 15, 1993, deadline for completion of violation corrections. On October 14, 1993, Mr. Grey requested an extension of the October 15th deadline. Mr. Grey was notified by correspondence that an extension would not be granted. On November 24, 1993, Notice of Violation and Penalty was issued. This stated that the time-lines had not been met and that as of that date a $100 per day fine would be assessed until violations were corrected in accordance with the Plan of Operation. On November 24, 1993, petitions from approximately MASON COUNTY BOARD OF HEALTH June 1, 1995 - Page 2 of 6 54 HartstineIsland residents were received stating that Mr. Grey's tire pile was considered a public nuisance and a fire hazard and that they demanded the tires be removed by January 1, 1994. On December 9, 1993, the Health Department received a disability claim review form from Mr. Grey which he had received from the Social Security Administration dated September 10, 1993. Also received two letters pertaining to Mr. Grey's disability. On December 9, 1993, received a letter from Mr. Grey regarding theft, vandalism and poor law enforcement in regards to his property. On the same day, a request was received from Mr. Grey for a hearing to appeal the deadline decision set in the November 24th Notice of Violation and Penalty. On December 9, 1993, a letter to contact owner of property from the Western United Life Insurance Company regarding enforcement activities was received. December 10, 1993, Notice and Order issued with a deadline of December 20th, 1993, to have all on-site tires arranged into approved row configuration or removed from site. December 15, 1993, letter to Mr. Grey regarding an appeal hearing. On December 27, 1993, appeal hearing took place in front of the Board of Health. The conclusion stated that the Board of Health agreed that Mr. Grey was required to comply with the state and county solid waste regulations and that Mr. Grey was given proper notification to comply with these regulations and the approved Plan of Operation. January 19, 1994, received a letter from the State Department of Ecology regarding proposed tire farming project stating reasons for supporting the termination of the project. February 10, 1994, Notice and Order issued ordering specific things to be completed by certain deadlines. February 18, 1994, received letter of complaints strongly protesting Mr. Grey's large deposit of tires. March 15, 1994, letter sent to Sea First Bank regarding monthly account set up for $2,200 civil infraction fines accumulated. On March 17, 1994, letter received from United States Department of Agriculture Conservation Service regarding site review and recommendations for Mr. Grey in response to February 10, 1994, Order. February 18, 1994, letter from Mr. Grey and Kent Tipenko regarding the benefits of tire farming. March 18, 1994, received letter from James Freed of the Washington State University Coop Extension regarding advantages of tire farming and plans for Mr. Grey to follow to be successful. April 1, 1994, letter sent to February 18th complainants stating the county was currently working with Mr. Grey on resolving the problems. April 6, 1994, letter sent to Mr. Grey regarding Mason County Department of Health Services' completion of its review of the Final Plan of Operation. April 18, 1994, Order sent to Mr. Grey to stop all open burning. May 16, 1994, final Plan and Approval sent to Mr. Grey which instituted a deadline of June 30th, 1994, for tires to be made into planters. June loth, 1994, letter sent to Mr. Grey stating a site inspection had been done and that little progress had been made toward the June 30th deadline. On August 8, 1994, letter sent to Mr. Grey regarding planting and harvesting deadlines. August 19, 1994, deadline for at least 50% of on-site planters being planted and October 1, 1994, the first crop harvest to take place. January 9, 1995, letter to Mr. Grey regarding February loth, 1994, Notice and Order and short questionnaire as to how Mr. Grey planned to continue with tire farming. February 10, 1995, letter from Mr. Grey stating reasons why progress had been slower than expected. This was due to Mr. Grey being diagnosed with Diabetes. April 10, 1995, Notice and Order was sent to Mr. Grey ordering successful fertilization, planting and protection of at least 50% of the on-site tires by May 1, 1995. May 1, 1995, Supplemental Notice and Order sent to Mr. Grey ordering removal of all tires from the property. May 12, 1995, received request from Mr. Grey for hearing with the Health Officer regarding the May 1st Supplemental Notice and Order. Mr. Watts presented the Health Officer with pictures of the site. Dates of the pictures were confirmed. Mr. Watts stated the last crop that was tried to be harvested did not ever come about MASON COUNTY BOARD OF HEALTH June 1, 1995 - Page 3 of 6 because of deer eating the tops off the crops. That was the reason for the April 5th Notice and Order to successfully fertilize, plant, and protect the crops. Mr. Watts presented a video which was taken May 30th, 1995, showing views from the front of the Grey property which showed there was no visible sign of tires from the roadway. Dr. Trucksess asked if the tires were visible from any neighboring properties. Mr. Watts replied that they were not. The video also showed Mr. Grey's driveway. Mr. Trucksess asked how much property was involved. Mr. Watts asked Mr. Grey how many acres he had, and was told there was 4 acres. Approximately 2.5 acres were being used. The video showed that the tires were overrun by grass and weeds and were not producing a crop. Dr. Trucksess asked if there were non-operating vehicles on the property. Mr. Watts responded that there were approximately 5 non-operating vehicles. Mr. Grey commented on these vehicles. Mr. Watts stated that the boundary of the property was thick foliage and timber land. Dr. Trucksess noted that several Notice and Orders were given and there was a previous appeal. He stated he was unclear what the result of that appeal was. Mr. Watts answered that the appeal upheld the fact that Mr. Grey needed to conform with the county codes and regulations and that he follow the time-lines of the Plan of Operation for Tire Farming. Dr. Trucksess asked if additional tires had been brought to the property since the original onset of problems back on May 10, 1993. Mr. Watts replied that there were none to his knowledge. Mr. Franklin, appellant's attorney, asked if Dr. Trucksess wanted him to question the witness or merely have him testify. Dr. Trucksess replied that he could continue in the manner he was most comfortable. Mr. Franklin and appellant Jesse Lee Grey introduced themselves for the record. Mr. Franklin asked Mr. Grey how long he had been attempting to tire farm on his property. Mr. Grey replied that it was since May, 1993. Mr. Grey was asked to explain what had happened during his attempts to tire farm, other than what had been presented by the Health Department. Mr. Grey stated that he had pieces of equipment vandalized and stolen. He had been unable to obtain the necessary funds to replace the equipment so he thought of a less expensive way to farm. After investigating various methods, he received information about tire farming. From that point, several attempts had been made. However, due to the equipment being destroyed and his lack of funds, it had been a slow process. Mr. Franklin asked if Mr. Grey had approximately 2,000 tires on his property at this time. Mr. Grey replied that he did. Mr. Franklin stated that on May loth, as documented in correspondence with the Health Department, Mr. Grey did actually plant a crop. Mr. Grey agreed that he planted a crop in the fall of last year. Mr. Franklin asked if subsequent attempts had been made to plant additional crops. Mr. Grey replied that they had not because they were occupied with filling the tires with soil so they would not be a fire hazard and a breeding ground for mosquitos. He noted that complying with these safety issues was their priority. Mr. Franklin asked if, after the tires were filled with soil, plans were submitted in January, 1995, laying out his entire farming plan. Mr. Grey replied that was correct. Mr. Franklin asked what.had occurred from January 9th until this hearing which prevented him from planting his crop. Mr. Grey stated that they had tried to obtain a tire hauler's license and that this information had been given to the Health Department. By the summer time they wanted to plant. The hauler's license was held up until insurance and bonds were submitted. In April, 1995, documentation was delivered to the Department of Ecology who had promised that the license would be processed within 5 days. With this license, they could move the tires legally. Mr. Franklin asked why the tires needed to be moved. Mr. Franklin replied that they wanted to move the tires in order to have them scrubbed. Materials to make a greenhouse to protect the MASON COUNTY BOARD OF HEALTH June 1, 1995 - Page 4 of 6 crops from being eaten by deer were purchased. In April, 1995, a problem with the insurance was discussed, which took time before it could be reprocessed. At this time, he had wanted to move the tires, wash them and then follow through with the plan. Dr. Trucksess asked if Mr. Grey had received the license to haul the tires. Mr. Franklin replied that the only thing holding up the license, at this time, was the administrative process. He showed a copy of the certificate of insurance showing that the State of Washington would be the beneficiary which was sufficient to meet the needs of the issuing agency. Mr. Grey commented that he felt he was being singled out. He noted that the property had already been logged before he bought the property. He was trying, even though he was not financially able to do it quickly, to do everything the right way and had made a good effort. He had been injured in 1980 and had a disabling injury which flares up every so often. He noted that the tires were no longer a fire hazard nor were they a mosquito breeding ground. The people who were complaining had no right to because they have not given him a chance to complete the project. In his initial talks with the county, he was not aware that this amount of tires would not be allowed. This was a mistake on his part. He noted that other properties on Hartstine Island were in worse shape than his from having refrigerators, stoves and other things dumped on them. Other areas have non-operating vehicles. He wanted to be treated fairly because he was doing everything he could. Mr. Franklin showed pictures of an unofficial wrecking yard near Mr. Greys property which had many stored vehicles. Dr. Trucksess asked how many cars were there. Mr. Grey answered there was well over 100 cars. Mr. Grey stated he was not attempting to get anyone else in trouble; he just wanted to be treated fairly. A lot of work has to be done and he needed a fair amount of time to do it in. This was a new project, and it had been a mistake agreeing to deadlines without knowing how long it would actually take him to complete. In the past he had support from a few people, including Jim Freed, but now on the most part he only received objections. He stated that it may be a racial issue, and he has had to deal with it. Mr. Franklin stated he did not want to emphasize the racial contention. He believed that the record has shown Mr. Grey's continual attempt to comply with all the orders and even in conversations with Mr. Watts it had been mentioned that Mr. Grey had complied. The reason the most recent deadline was not met was because Mr. Grey found he had made the mistake of not washing the tires and the necessity of a greenhouse to keep the deer away from the crops. Mr. Grey had applied for the hauling license and on April 3rd he had been assured he would get the license between 3 and 5 days. However, it was not issued. Continuous calls had been made back and forth. Now the license application was in compliance and Mr. Grey was basically waiting for the paperwork to be completed. In talking with Mr. Watts, it was stated that all Mr. Grey really wanted was an extension of time to enable him time to accomplish what he has set out to do. He stated that he had become involved after Mr. Grey's property had been vandalized and Mr. Grey could not get anyone in the Prosecutor's Office to look into it. He had made calls and wrote letters on Mr. Grey's behalf. The person responsible for the damage was put on probation but there was really nothing more that could be done. The crime was not serious enough to invoke a jail term. He noted that Mr. Grey has the right to own property wherever he pleases, just like everyone else, and he should not be bullied by 2 or 3 people who do not want him there. MASON COUNTY BOARD OF HEALTH June 1, 1995 - Page 5 of 6 Mr. Franklin stated he wanted Mr. Grey to have the opportunity to plant his crops how he has planned. If the crops are unsuccessful, then he could look at that and perhaps decide that it was not a good idea and he could try something else. Mr. Grey has been in complete compliance up until this most-recent order. Each time he was told to do something; he did it. He filled the tires with soil and lined them up. The only thing he has not completed was creating the greenhouse. However, he has the equipment to do this. Mr. Franklin asked for an extension of time on behalf of Mr. Grey. He suggested an extension of one and one-half years to allow for the crop to be planted and harvested. He noted this would give everyone the opportunity to get this matter off their desks. Mr. Franklin commented that he did not feel anyone in the Health Department wanted to undo Mr. Grey's plans. Their motives are nothing but pure. However, he did not understand why they were overlooking the unofficial wrecking yard near the Hartstine Island meeting hall and were addressing this tire issue instead. Mr. Franklin asked that Mr. Grey be given the opportunity to clean the tires. The reason the tires have to be hauled elsewhere to be cleaned was due to the lack of running water on Mr. Grey's property. .The process should take approximately 2 - 3 weeks. The crop would be perennial plants which could be planted at any time during the year. Mr. Grey has the equipment now to plant and to build the greenhouse which would enable him to comply with the County's requirements. Dr. Trucksess asked if Mr. Watts had any questions for the appellant. Mr. Watts commented that the complaints recited by Mr. Grey would be followed up upon, noting he did not believe there were any earlier complaints regarding these sites. The issue of washing the tires and the paper work necessary to do that had not been brought up previously and was a separate issue because it does not have anything to do with the on-site tires and the harvesting. The Health Department felt that this has been an on-going problem for over two years and that Mr. Grey has been given many chances to come in compliance. In the past, Mr. Grey has kept in contact with the County on several occasions. However, at the same time, he has been out of compliance previously and was presently paying a civil penalty. Because the time-lines do not seem to be met, the Health Department would like to see the tires removed from the property. Mr. Trucksess asked if there was a hazard to health as a result of the current situation with the tires. Mr. Watts replied that there was not. Dr. Trucksess asked if there was a hazard of any kind. Mr. Watts answered that there was not, to his knowledge. Mr. Grey has resolved the solid waste violations and the fire hazard issue. However, he would like to see the rows extended beyond what has been done, but that would be about the only hazard. Dr. Trucksess asked if the tires, at this time, represented a nuisance. Mr. Watts responded that the tires did not represent a nuisance because they could not be seen from the road. A person would have to be on the property to see the tires. Dr. Trucksess asked Mr. Franklin if he had any questions. Mr. Franklin explained that Mr. Grey had been out of compliance because he was unable to plant properly and this was because the tires could not be washed until they were moved and the tires could not be moved because the hauling license had been held up. He believed that these facts did relate to the issue at hand. There was no hazard, no nuisance, you cannot see the tires, so there really was no need to remove the tires at this point. Dr. Trucksess asked if Mr. Grey lived on the property. Mr. Grey replied that he was in the process of moving to the site from Seattle. MASON COUNTY BOARD OF HEALTH June 1, 1995 - Page 6 of 6 Dr. Trucksess asked if anyone else wished to give additional testimony. Brad Banner, Director of Health Services, commented that the question arises whether or not there was any leachate problem from the tires. If there was no longer a fire hazard, then what were they objecting to? This was a legitimate question. If the.tires cannot be used for farming, then they would be considered as improper disposal of waste which the Health Department did not want to see in Mason County or anywhere. Whether it was a field full of car bodies or tires, the visual impact does impact other properties. Even though there was no neighbor living on either side now, and the fact that trees presently hide the area, there was no assurance it would always be like that and that people would not be exposed to this. From an ecological and waste management standpoint the Department feels it was improper in spite of the fact that it was relatively obscured from the road and not an immediate health problem from fire. Dr. Trucksess asked if it was ever Mr. Grey's intent to store waste. Mr. Grey answered that it was not, noting he had contacted the Health Department before bringing the tires to the site, He did not believe bringing this amougt was going to be a problem. Mr. Franklin stated that a person could not have more than 800 tires stored on their property at one time. However, that was not the issue. Mr. Grey informed that he had not made a profit on the tires. He stated he was not making a dump. The idea had been to get the tires to place top soil in for the purpose of farming. Dr. Trucksess asked Mr. Grey how much time he believed he needed to have his project completed, if such an extension were granted. Mr. Grey replied that he would like to have one ` year or one year and one-half, or at least until the end of this year. He noted he now had people and equipment to help with the project so it could be done by the end of this year. Dr. Trucksess wondered what Mr. Grey's plans would be if he failed again. Mr. Grey replied that if they were unsuccessful in growing crops in the tires, there was the possibility of recycling the tires. Hearing adjourned at 2:15 p.m. MASON COUNTY HEALTH OFFICER Mark E. Trucksess Respectfully submitted, e Lorraine Coots