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HomeMy WebLinkAbout1995/07/27 - Board of Health MASON COUNTY BOARD OF HEALTH APPEAL HEARING July 27, 1995 ATTENDANCE: Dr. Mark E. Trucksess, Health Officer Kim Lincoln, Pam Denton, Mark Tompkins, Health Dept. Staff Richard Medeiros, Appellant Kenneth Bittner APPEAL HEARING - RICHARD MEDEIROS Health Officer Mark E. Trucksess called the appeal hearing to order at 10:00 a.m. The Health Department was asked to present a history of events. Kim Lincoln,Environmental Health Specialist,reported that Mr. Medeiros'property was surveyed as part of the Lower Hood Canal Clean Water District. A dye test of his system was performed in December, 1994. The dye packets came back positive in two locations. At those locations, confirming water samples were taken. The samples showed there were 1,600 fecal coliform per 100 milliliter of water. She noted the maximum surface water coliform limit allowed was 200. The system was determined to be failing at that time. A letter was sent to Mr. Medeiros notifying of this failure. A meeting was held on January 26, 1995 to discuss the situation. It was decided that Mr. Medeiros would be given additional time to correct the system. Mr. Medeiros stated that during the testing there had been a heavy storm. The two packets that failed were inconclusive. Packet No. 2 showed fecal coliform that was from run-off coming from the gravel pit which destroyed a pig pen holding 2 pigs and a house holding 45 chickens, 45 rabbits, 4 ducks, and 2 geese. Five rabbits died during the flooding. These animal structures were completely washed out. He presented photographs showing the destruction. The fecal coliform had been washed out to the front of his property, while the entire back of the property was under water. Water from the Belfair Sand and Gravel operation flowed underneath the Medeiros residence from the back and came out the front. He believed the fecal count was animal fecal, not human fecal. Packet No. 3 showed a count of 70, which would not indicate failure. Ms. Lincoln stated that a high fecal count and dye needed to be found in only one location for a system to be considered failing. It did not have to be found in each location that had a packet to be considered failing. Dr. Trucksess asked if the test would differentiate between surface water contamination from another source versus surface water contamination from his septic system. Ms. Lincoln replied that they knew the dye came from inside the house. However, they were unable to tell the difference between human and animal fecal with the test currently being conducted. Mark Tompkins concurred with Ms. Lincoln's comments. The test to determine if it was human or animal fecal was not 100 percent accurate as well as being time-consuming and costly, so it was not routinely done. Mr. Medeiros responded that he has 3 septic tanks on the property, 2 of which were operating. He stated-it was inconclusive that the dye was coming from his residence. Dr. Trucksess asked if more than 1 site was being tested. Mr. Medeiros answered that they had tested his site and then approximately one month later the second house was tested. Mr. Tompkins stated that the MASON COUNTY BOARD OF HEALTH July 27, 1995 - Page 2 of 5 second house was tested in April. Packets were placed in front of the dye tests to ensure against false positives and that was done on the second house as well. The background packets were negative prior to the dye being introduced into the second home. The dye was introduced into the second home after the packets were diluted. On site No. 1, it was in the area of the other two packets. They came back positive both times. Dr. Trucksess asked that the topography be sketched for his review, which was done and referred to several times. Mr. Medeiros also presented photos. He explained his property was 8 acres in size, and indicated the locations of his homes, septic tanks, and leach field. After moving to this property in 1985, he had pumped and checked the tanks every four years. Mr. Medeiros referred to the map indicating the location of his pump house and where the flooding occurred. He explained that 32 acres were being mined at the Belfair Sand and Gravel site in mostly clay which was uphill of his property. The south section of the mining property had been raised up 16 feet. A culvert drains directly onto his property which has never been approved by DNR or anyone else. There are 7 ponds on the mining property which flood onto his property during moderate or heavy rains. The ponds drain, going down the driveway. At the end of the roadway is a 4' by 30' hole that this water builds up in. There are no ditches. When it fills, the retained water has no where to go except down toward his property. Mr. Medeiros showed, on the map, which direction the flooding occurs. He located where the dye packets were placed under the water. Mr. Tompkins stated the packets had been placed below the home, where the drain field was located. Mr. Medeiros described the locations of the 4 packets, and which two were positive. Mr. Medeiros commented that his well gets submerged in water. However, water did not go into the pipe because it was higher. Dr. Trucksess asked if the well water had been tested. Mr. Medeiros replied that the well water had been tested. He indicated an area which had been contaminated with heavy metals. There have been 4 studies completed; copies of which have been sent to the county. Dr. Trucksess asked where the Union River was located. Mr. Medeiros replied that it was across the street, approximately 150 feet. He noted there was a culvert that runs into the Union River. Mr. Medeiros indicated there was a court order stating Belfair Sand and Gravel had to keep their water on their property. However, it had never been enforced. Mr. Medeiros commented that for years he had complained to the Health Department regarding a family of 4 living nearby with no toilet facilities. The family had used the trees on the Hoover property for this purpose, and the flooding water runs through this area. A septic system. had been installed and supposedly pumped to a specified area. However, he has videos of the installation showing it was not being pumped to the location indicated. He had complained about this, but no one ever came out and checked. Several other buildings were erected which had no permits, but they have since been torn down. The septic tank still remains in the area where the drainage goes through. One of the tests was done on his property below a pipe coming from this area. The others were done in the front and all showed high levels of heavy metals. Mason County and Evergreen State College students completed tests with the same results. Mr. Medeiros stated these factors have to be considered in the failure of the dye packets, as well as the fecal count believed to be animal fecal. Mr. Tompkins asked whether Mr. Medeiros' drain MASON COUNTY BOARD OF HEALTH July 27, 1995 - Page 3 of 5 field was underwater when it floods,,because if it was, that was where the dye would be coming from. Mr. Medeiros stated it was. Dr. Trucksess asked if dye coming to the surface was an indication of failure. Mr. Tompkins answered that the fecal count would also have to be high. Mr. Medeiros indicated the location of another septic tank which hadn't been used since 1969. He noted that at one time there were 11 houses on the property, but most have been torn down. No one would put a septic system under water. The land had been dry until the surface mining began. Each year, he has made thousands and thousands of complaints by writing, on the phone, through an attorney, in every possible way, informing that each and every year things were getting worse and it needed to be stopped before it got to this point. Now the contamination was on his property, and there was a law suit against Belfair Sand and Gravel to clean the heavy metal contamination. He showed photos taken on December 27th. Mr. Tompkins noted the last packets were picked up on the 29th of December. Dr. Trucksess asked if there was any advantage in testing again during the dry period. Mr. Tompkins replied that testing could be completed again. However, the property floods all winter. Tests were done in the winter to determine if the system was functioning. If it was done now, they probably wouldn't find dye where it was found before because the water was gone. When doing the test, dye was watched as it traveled in the water. If there was no water, there was no point in performing a dye test. Mr. Medeiros indicated the location of the chicken house and pig pen on the map. Dr. Trucksess reviewed pictures showing the amount of water which came through the Medeiros property. Mr. Medeiros stated he did not believe his system was failing. The test results were caused because of the flooding. If his system was failing, he wondered where he would put a new system. A solution may be to build a great big berm across the front of his property so water could not pass. However, the ground was saturated. By the time it starts to become dry, it gets wet again. Mr. Tompkins asked if the area near the other cabin was dry. Mr. Bittner and Mr. Medeiros confirmed that water comes up to approximately fifty feet of the other house. Dr. Trucksess asked if there was any spot on the Medeiros property which remains dry or above water year-round. Mr. Medeiros replied there was not, except one area in the trees which he located on the map. They discussed the possibility of pumping back to that area. Mr. Medeiros stated he did not believe the problem was his system. Mr. Tompkins noted that the failure was due to the system being drowned. Mr. Medeiros stated it was being drowned due to flooding. Dr. Trucksess noted that any drain field under water was a failing system. He sympathized with the problem Mr. Medeiros was having with the flooding, but stated he needed to have a satisfactory septic system. Dr. Trucksess expressed his concern over livestock potentially contaminating the Union River. Mr. Medeiros replied that he no longer had any livestock because they could not be contained. He noted he was Vice-President of the Union River Basin Protection Agency, and it would be dumb for him to pollute the river while he was there to protect it. He stated he has 7 dogs which are contained in the back of the house, and the fecal was picked up every day, put in a bucket and taken to the landfill. MASON COUNTY BOARD OF HEALTH July 27, 1995 - Page 4 of 5 Dr. Trucksess asked Mr. Medeiros if he believed a re-test would give results of negative fecal. Mr. Medeiros replied yes, as long as the fecal was dead, and the testing was not done during a storm. Dr. Trucksess asked if the department was adverse to more testing. Mr. Tompkins replied that first they would have to determine if any remaining dye remained in the system. If it was determined there was still dye in the system, a different dye would have to be used at additional cost. This testing was done in the winter during adverse conditions, with the potential of more flooding. Mr. Medeiros stated a solution might be building a berm to stop the water from coming in but it may still saturate underground. Mr. Tompkins noted there were ways to divert surface water. Mr. Medeiros stated he would not object to a re-test. Dr. Trucksess noted that if the department re-tested and found fecal coliform, it would indicate it was coming from Mr. Medeiros' system. Mr. Medeiros stated, in that case, he would apply for a loan and have the system fixed. However, at this point he did not feel it was conclusive enough to do this. He believed the fecal coliform was animal and he had showed enough evidence to believe there was that possibility. Dr. Trucksess stated he would like to put the matter on hold, and re-test Mr. Medeiros' site in November or December. He asked Mr. Medeiros if he would be willing to repair his system if there was a positive fecal count on the next test. Mr. Medeiros agreed. Pam Denton commented that an extreme weather event might occur again during the testing period. Mr. Medeiros commented that he would like to have the fecal checked to see if it was animal or human, if fecal tested positive. Staff did not know if that was possible. Ms. Lincoln asked if it would be necessary to do another complete dye test or would water sampling from areas in which dye had already been located through the system be sufficient. Mr. Medeiros replied that would be fine with him. Dr. Trucksess stated if there was no fecal found, it could be said that it was from surface contamination. If it was found to be positive for fecal, then the system needed to be repaired. Mr. Medeiros agreed. Dr. Trucksess stated he would like the system to be re-tested at the first opportunity. If the testing turned out to be positive for fecal coliform, Mr. Medeiros was ordered, at that time, to repair his system. Mr..Medeiros remarked he would not appeal that decision, and he would take the necessary steps to comply. Mr. Tompkins suggested that Mr. Medeiros investigate how to divert the surface water to eliminate the possibility of future flooding. Mr. Medeiros stated he planned to have his grandchildren assist him in diverting the water with ditching. He noted that the water flows from 3 or 4 different directions, but it all ends up in the same place. It was hard for people to understand how much water comes off the gravel pit. It was millions of gallons. Mr. Medeiros was given back his photographs. Ms. Denton and Ms. Lincoln stated they would assist Mr. Medeiros if he wanted to file an official complaint regarding the neighboring properties' lack of septic systems. i Dr. Trucksess reiterated his determination in this matter. The hearing would be put on hold and Mr. Medeiros' system would be re-tested at the first opportunity. Testing results would be given specifically to Dr. Trucksess. If high fecal coliform counts were found in the tests, Mr. Medeiros was instructed to repair his system. If high counts were not found, then they would make the MASON COUNTY BOARD OF HEALTH July 27, 1995 - Page 5 of 5 assumption, at that point, that the system was not failing. Hearing adjourned at 10:50 a.m. MASON COUNTY HEALTH OFFICER Mark E. Trucksess Respectfully submitted, Lorraine Coots