HomeMy WebLinkAbout1991/05/20 - Board of Health MASON COUNTY BOARD OF HEALTH
MAY 20, 1991
A special Board of Health meeting was called to order at 3:30 p.m. by Chairperson Laura E.
Porter to consider the on-site sewage system survey of North Bay, Case Inlet.
ATTENDANCE: Laura Porter, Chairperson
William O. Hunter, Board Member
Michael D. Gibson, Board Member
Brad Banner, Health Services Director
Wayne Clifford, Health Services/Water Quality Coordinator
GUESTS IN ATTENDANCE: Darrel Anderson, Department of Ecology; Ed Skewis; David
Lenning, Department of Health; Gary Plews, Department of Health; and David Lehning,
Department of Health.
WATER QUALITY
CASE INLET SURVEY
Wayne Clifford, Water Quality Coordinator, submitted a copy of the on-site sewage system
survey from North Bay, Case Inlet.
He noted that the staff began the survey of onsite sewage systems in North Bay area early this
winter. The first phase extended from Bensons Cove north to Coulter Creek and included some
of the central town of Allyn. The initial findings found 39 systems in the area failing. Several
of the systems had surfacing effluent or were discharging grey water to the bay. The North
Bay has been declassified by the State Department of Health as prohibited to shellfish
harvesting.
Board Member Gibson asked if the declassification was for commercial harvesting or all
shellfish harvesting.
Mr. Clifford responded that it is for commercial harvesting. The County staff has posted the
beach as a health advisory to the people, as of last Friday, that the shellfish are contaminated
at the Port of Allyn dock.
He recommended that the area be declared a "health hazard" due to the fact there is a potential
for people to come in contact with inadequately treated sewage and consequent potential health
risk.
Chairperson Porter asked for clarification on the area which is being recommended as a health
hazard.
Mr. Clifford stated that he was under the impression that for a health hazard there didn't need
to be a finite boundary for the area. It could be a general location such as North Bay north of
the decertification line Department of Health is using for their closure.
MASON COUNTY BOARD OF HEALTH
MAY 20, 1991 - PAGE 2
Brad Banner,Health Services Director,added that there are a lot of issues involved as to where
the lines should be. The County could include the entire drainage in the North Bay or restrict
it to the lowest swampiest areas. There is a considerable amount of thought that will have to
go into this. Also, depending on the action taken it could have repercussions on people inside
the area. He expressed his interest in involving the public to specify the area.
Staff is recommending a general area as a health hazard.
Mr. Clifford suggested that North Bay north of the decertification line and its adjacent
shorelines could be the area.
Dave Lang, Washington State Department of Health, concurred with Mr. Clifford that
technically a finite geographic boundary is not necessary. The County will have to determine
what will be best to bring about the results that are wanted; mitigation measures with
restrictions; new construction. It is easier if there is a finite boundary.
Board Member Gibson asked for an explanation of the process of declaration of a health
hazard.
Mr. Lang stated that Department of Ecology and Department of Health have concurred on the
methodology for funding for Centennial Clean Water Funds. Criteria have been set as to what
has to be met before a public health hazard is considered. There is an application process of
what kinds of things have to be included. For public health hazard there has to be something
that gives proof. In this case, there is some water quality and shoreline work in the North Bay
area. That kind of data accompanied by mitigation measures as to how it will be prevented.
This needs to be a formal submittal from the Health Officer to the Director of Department of
Health. As staff person, he would get back with Department of Ecology to jointly look at
things. They come up with an agreement and send a response back. There are ways of speeding
up that process. They are not looking for a formal drawn process. They are looking at what
mitigative measures are going to be taken and what boundaries will be applied.
Board Member Gibson added that these are two mandates for a formal declaration of a health
hazard.
Dr. Hoover asked if Department of Health has to be concurred with Department of Ecology.
Mr. Lang responded, no, Department of Health makes the final decision.
Darryl Anderson, Department of Ecology SW Regional office,commented that in the financial
program their department will be working closely with Department of Health in evaluating the
application for declaration of hazard.
Dr. Hoover asked if there is any other way to do it.
Mr. Lang commented that this is being done from the standpoint to secure as much funding as
possible to make it cost effective as possible, short term and long term wise. There are two
activities (events) that can kick this funding into gear. One is a public health hazard
declaration and another is a consent or administrative order from Department of Ecology.
MASON COUNTY BOARD OF HEALTH
MAY 20, 1991 - PAGE 3
Darryl Anderson added that funding can be triggered by a declaration of health hazard or
administrative order by Department of Ecology or a consent order between DOE and the
County or even with DOH. This process is the best for the purposes discussing now.
Mr. Lang added that it does address the health concern.
Mr. Banner commented that another factor that timing is important is that there are 40 known
failing septic systems right now. Twenty are directly discharging into the Bay. The remaining
are marginally operating. There are enforcement letters that need to go out and get these
situations stopped. He commented that he is hesitant to send out enforcement letters until there
is adequate staff to deal with the people coming in for assistance. They hope to get staffing
through the grant.
Board Member Hunter questioned what it means to declare a health hazard. He asked what the
first consequence is to the people in the Allyn/Victor area.
Mr. Banner responded that this gets into the area of what the mitigative plans will be. The
County will have to delineate an area and determine what to do in that area. Whether it will
be a building moratorium, partial moratorium,or other requirements. The Board will make the
determination on what to do.
Chairperson Porter clarified that she understands there are two steps to the decision. One is
declaring a health hazard and the second is developing a mitigation plan which will guide the
effect on the systems.
Dave Lang commented that some type of mitigative measures need to be a part of the request
to the Department of Health.
Mr. Banner asked if repair of failing systems be a specific mitigation measure and then allow
some of the long term measures open so that some additional work can be done on them.
Mr. Lang commented that it would be nice to have some kind of a plan. The community, the
local health officer and Board of Health have agreed that there is a problem. In order to
convince DOH and DOE that there is a problem the County needs to speak to some other
activities. There needs to be some kind of restrictions in the form of a moratorium or other
requirements.
Board Member Gibson stated that short of the mitigation or correction of immediate failing
systems it appears the other measures have not been identified yet. He again asked the question
if there are other mitigation requirements expected.
Mr. Lang stated that within the next 30 days they will come up with a plan. There has to be
enough of a gesture locally that there is concern. In order to be consistent mitigative measures
have to be spoken to.
Ed Skewis, citizen,spoke to the letters of mitigation and the process that it takes to go through.
He asked if there is a time frame for notification to the failing system owners of the process
or steps they have to take to mitigate the problem in their specific area.
MASON COUNTY BOARD OF HEALTH
MAY 20, 1991 - PAGE 4
Mr. Banner responded that the 40 people with failing systems were notified by letter May 1,
1991. The next step is to work on alternatives for repair work systems. After that a policy
needs to be established on time frame.
Health Services has taken the 40 systems and prioritized them into 4 categories:
Category 1 = Highest priority is directly discharging into the Bay.
Category 2 = Systems that are failing and sewage is surfacing to the top of the ground, but is
not directly going into the ground.
Category 3 = Illegal systems, unapproved systems like cesspools.
Category 4 = Systems they expect to have considerable dialogue with the owners. These are
ones they have found the drainfield completely flooded with ground water. They expect to
have give and take with the people.
The timelines for dealing with these are:
Category 1 = 2 days to stop the discharge (capping) and pumping the tank and stopping it.
Within 7 days they must have a plan of action on how they will correct it. The exception
would be to allow a holding tank for a small trailer or cabin for seasonal people.
Category 2 = They will have 10 working days to get in a plan. Thirty days to fix the situation.
Category 3 = Fourteen days to turn in a plan and 60 days to get it fixed.
Category 4 = They have 30 days for a plan and 60 days to get it fixed.
Mr. Skewis asked if there is a given time that the second letter will be mailed out.
Mr. Banner responded that it will be at the Board's direction. He noted that he didn't want to
get too far ahead of the enforcement letters and have people coming in and the Health Services
Department not having adequate staff to work with the people on the designs.
Gary Yando,Public Works/Utilities Division,questioned about the boundaries of 100'out into
the water.
Board Member Gibson clarified that he was concerned with how much geographic boundary
will be taken into consideration and also how much will be upland.
Mr. Yando proceeded that before the County would receive the declaration by the Health
Department, the boundaries would have to be set.
Mr.Lang interjected that not necessarily. For the ease of implementing the mitigative measures
the County may want to have the boundaries set.
Dr. Hoover clarified that it is the upland boundaries and not the shoreline.
Mr. Lang again stated that there are normally no finite boundaries with the request.
MASON COUNTY BOARD OF HEALTH
MAY 20, 1991 - PAGE 5
He added that the mitigative measures could include how to take care of the existing problems.
Also, it could include how it will be monitored.
Chairperson Porter asked if the mitigative plan provides a timeline for the planning. She also
questioned if the County will have had to have made all the decisions on the details of the
mapping or whether there will be a moratorium. She asked if the planning can be on a timeline
for the mitigative measures.
Mr. Lang responded, yes from his perspective with DOH. One thing which will be done
immediately is the repairs. Some kind of time frame would be acceptable to.
Mr. Anderson stated that long term planning is not necessary for the financial program. They
are interested in getting the immediate situation under control.
EXECUTIVE SESSION
At 4:05 p.m. Board Member Gibson/Hunter moved and seconded to go into executive session
with legal counsel for 15 minutes. Motion carried unanimously. G-aye; H-aye; P-aye.
Chairperson Porter called the meeting back to order at 4:20 p.m.
Gary Plews, Department of Health, presented the Board of Health with the North Bay report.
He explained that it contains all the water quality data and recommendation to change the area
classification to "prohibitive." All the back up information is there plus the shoreline that Mr.
Clifford has provided.
Dr. Hoover commented that "prohibitive" and "restricted" are used. She asked for an
explanation in the difference in the terms.
Mr. Plews stated that there are four designations. First is "approved" which means you can
harvest at any time. "Restricted" are the shellfish is moderately polluted, but can be removed
to another area for cleansing. The third is "conditional" which means that from time to time
the State Department of Health may close the area because of predictable pollution events such
as Oakland Bay. The fourth is "prohibitive" and this deals with sufficient pollution sources
identified that they can't offer any of the other three conditions. Harvesting commercial
shellfish from the Bay is prohibited.
Board Member Hunter asked what it does to the recreational harvesting.
Mr. Plews added that they don't recommend either recreational or private harvesting. Their
jurisdiction does not cover private harvesting.
Chairperson Porter stated that the question before the Board of Health is whether to request
Health Officer Dr. Hoover to ask that Department of Health designate the North Bay/Case
Inlet area as a health hazard.
Board Member Gibson stated that the Board of Health is concerned with the identified failing
systems and the Board needs to address the systems as soon as possible.
Board Member Gibson/Hunter moved and seconded to request the Health Officer to petition
the Department of Health to declare a public health hazard within the geographic boundary
as identified in the decertification line. Motion carried unanimously. G-aye; H-aye; P-aye.
MASON COUNTY BOARD OF HEALTH
MAY 20, 1991 - PAGE 6
Board Member Gibson noted that one area of mitigation identified is to immediately repair the
identified failing systems and the second measure is to request 60 days to address the other
mitigative measures.
Board Member Gibson/Hunter moved and seconded to request the Mason County Health
Services Department to immediately notify all residents, as much as possible, within the
geographic boundary of the commercial beds and a strong recommendation that recreational
shellfish not be harvested. Motion carried unanimously. G-aye; H-aye; P-aye.
Janis Byrd, Journal, asked for an estimate of how much money is being talked about for the
initial step of getting the repair under way and what is the scope of the project.
Mr. Banner responded that it will cost approximately $7,000 per family times 39 families.
Chairperson Porter added that the County would need a staff person to manage the planning.
Ms. Byrd questioned if there is a grant.
She was advised that the State Revolving Fund is being explored for immediate help of the
individuals.
Board Member Gibson added that the County is exploring all options.
ADJOURNED
The meeting adjourned at 4:30 p.m.
Respectfully Submitted,
Rebecca S. Rogers
Clerk of the Board
MASON COUNTY HEALTH BOARD
Lau E. Porter, Cha'rp rson
Michael D. Gibson, Board Mem 6r
William O. Hunter, Board Member