HomeMy WebLinkAbout2024-018 - Ord. Amending Mason County Code Chapter 6.68 Water Adequacy ORDINANCE NUMBER 'L024- Ol8
AMENDMENT TO MASON COUNTY CODE TITLE 6 CHAPTER
6.68 WATER ADEQUACY
ORDINANCE amending sections of Mason County Code Title 6 Chapter 6.68 Water Adequacy to
re-organize portions of the code and adjust minimum water supply requirements for issuance of
permits.
WHEREAS, RCW 70.05.060 directs the Local Board of Health to enact local rules and regulations
as are necessary in order to preserve, promote and improve the public health; and
WHEREAS, Mason County Code Title 6.68 provides minimum drinking water supply
requirements for development; and
WHEREAS, portions of this code are not consistent with state code; and
WHEREAS, some requirements of this code have been found to be overly burdensome and
inconsistent with neighboring jurisdictions; and
WHEREAS, the Commissioners considered the proposed amendment at a duly advertised public
hearing on March 12th, 2024; and
WHEREAS, the Board of County Commissioners took public testimony from interested parties,
considered all the written and oral arguments, testimony and comments presented; and
WHEREAS, the Board of County Commissioners also considered the Staff Report; and
WHEREAS, the Board of County Commissioners finds that the proposed amendment to Title 6,
Section 6.68.010, 6.68.020, 6.68.030, 6.68.040, 6.68.050, 6.68.060, and 6.68.070 complies with
all applicable requirements of the Mason County Code, and that it is in the best public interest;
and
BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and
ADOPTS amendments to the Mason County Code Title 6, as described in Attachment A.
DATED this QA^ day of ,2023.
BOARD OF COUNTY COMMISSIONERS
ATTEST.• MASONCOUNTY, WASIMVGTON
' Q� teal
McKenzie Smi , CI of the Board handy Atatherlin, Chair
APPROVED AS TO FORM 1�9—%40
Kevin Shu ce-Chair
Tim Whitehe C u rosecuting gyA.P gy
Attorney Sharon Trask, Commissioner
Attachment A
Chapter 6.68 DRINKING WATER REGULATIONS
6.68.010 Purpose.
The purpose of this chapter is to protect public health and support safe, reliable drinking water by
establishing minimum standards for potable water supply for building permits and land division.
(Res.68-96(part), 1996: § 1 of Res.dated 1/4/96).
(Ord. No.04-18,Att.A, 2-1-2018;Ord. No. 12-18,Att.A, 2-20-2018;Ord. No. 19-18,Att.A,3-20-2018)
6.68.020 Scope of coverage.
(a) The provisions of this chapter shall apply to all territories contained within the jurisdictional boundaries of
Mason County.The provisions of these rules and regulations shall apply to all new residences, places of
business,or other buildings or places where persons congregate, reside or are employed which requires
potable water and to land segregation regulated under Title 16 of this code.
(b) Any building necessitating potable water shall provide proof of potable water as delineated in this code and
approved by the Director or their designee(s) prior to issuance of the permit. Exemptions to this code are
listed as follows:
(1) Buildings identified by the building official which do not require potable water facilities;
(2) Improvements, replacement structures, or additions to buildings which already contain potable water;
(Res.68-96(part), 1996:§2 of Res. dated 1/4/96).
(Ord. No.04-18,Att.A, 2-1-2018;Ord. No. 12-18,Att.A, 2-20-2018;Ord. No. 19-18,Att.A,3-20-2018)
6.68.030 Definitions.
The definitions of terms in WAC 246-290,WAC 246-291,and Title 16 of this code are adopted and
incorporated by reference.
(Res.68-96(part), 1996:§3 of Res.dated 1/4/96).
(Ord. No.04-18,Att.A, 2-1-2018;Ord. No. 12-18,Att.A, 2-20-2018;Ord. No. 19-18,Att.A,3-20-2018)
6.68.040 Determination of adequacy for building permits.
(a) Group A Public Water Systems.
(1) Prior to issuance of a building permit,the water system manager provides, in writing,verification that
the water system is able and willing to provide water to the new connection and that doing so will not
exceed limits imposed upon the system by any state and local regulation.Verification in writing will be
accomplished by signing a statement on the application form provided by the department. The form
must be signed by the water system manager or their designee;and
(2) Upon receipt of the application form,the Washington State Department of Health (DOH)is consulted
to determine if the water system is adequate. The consultation may be in the form of review of the
state drinking water database or through direct communication with DOH staff.
(Supp. No.63,5-23)
Page 3 of 7
Attachment A
(b) Group B Public Water Systems.
(1) Prior to issuance of a building permit,the applicant will provide the following:
(A) The form provided by the department verifying that the water system is able and willing to
provide water to the new connection and that doing so will not exceed limits imposed upon the
system by any state and local regulation. The form must be signed by the water system manager
or their designee.
(B) A satisfactory bacteriological report.
(2) Upon receipt of the application packet,the Department will review for the following:
(A) Quality.
(i) A satisfactory bacteriological analysis is required within 12 months of permit application.
(ii) In areas of water quality concern,water quality may be required to be further evaluated
for the following:
A. Primary contaminates,
B. Secondary contaminates,
C. Volatile organic compounds(VOC),and/or
D. Synthetic organic compounds(SOC).
(B) Compliance.
(i) Water systems must be in compliance with state and local design and construction
requirements and with on-going requirements set forth by state regulation.
(ii) Source wells must be constructed according to the requirements set forth by WAC 173-
160. Proper permitting and notification to state and local departments shall be adhered to.
(iii) A water right permit or certificate of surface water right shall be obtained from the
Washington State Department of Ecology where required by RCW 90.03 and 90.44.
(c) Individual and Two-Party wells.
(1) Prior to issuance of the building permit the applicant will provide the following:
(A) Copy of the water well report
(B) Satisfactory bacteriological report.
(C) Well capacity test.
(D) Completed application form provided by the department
(2) Upon receipt of the application packet,the department will review for the following:
(A) Quality.
(i) A satisfactory bacteriological analysis is required within 12 months of permit application.
(ii) In areas of water quality concern,water quality may be required to be further evaluated
for the following:
A. Primary contaminates,
B. Secondary contaminates,
(Supp. No.63,5-23)
Page 4 of 7
Attachment A
C. Volatile organic compounds(VOC),and/or
D. Synthetic organic compounds(SOC).
(B) Quantity.The minimum quantity of available water supply shall be four hundred(400)gallons per
day per connection.
(d) A surface water source will be determined to be adequate for issuance of a building permit upon
receipt of a copy of the certificate of surface water right and evidence of an appropriate disinfection
method is attached to the application.
(Res.68-96(part), 1996:§4 of Res.dated 1/4/96).
(Ord. No.04-18,Att.A, 2-1-2018;Ord. No. 12-18,Att.A, 2-20-2018;Ord. No. 19-18,Att.A, 3-20-2018)
6.68.050 Determination of adequacy for division of land.
(a) Group A Public Water System.The same requirements apply as described in subsection 6.68.040(a).
(b) Group B Public Water Systems.
(1) New Water System.
(A) The water system is completely installed and meets all state and local regulations;or
(B) Moneys, under the name of Mason County Public Health and Human Services,totaling one
hundred thirty-five(135)percent of a bid obtained from an appropriate contractor for the entire
cost of drilling the well,obtaining approvals,and installing the system, is placed either into an
escrow account or a bond to secure completion of the work after the well site location is passed.
(2) Existing Water System.The same requirements apply as described in subsection 6.68.040(b).
(c) Individual and Two-Party Water Sources.
(1) Individual and Two-Party water sources will be adequate for land division when the lots meet the sizing
criteria in WAC 246-272A-0320.The following disclaimer shall be placed on the face of the plat when
potable water is not available for each parcel at the time of subdivision approval:
"The lots, parcels or tracts contained within this land segregation have been created after establishing
a potable water supply meeting all state and local regulations."
(2) In areas where a water quantity or quality problem may exist,the following may be required:
(A) Well logs of adjacent properties;
(B) One or more wells drilled;
(C) Water study by a qualified hydrogeologist.
(Res.68-96(part), 1996: §5 of Res. dated 1/4/96).
(Ord. No.04-18,Att.A, 2-1-2018;Ord. No. 12-18,Att.A, 2-20-2018;Ord. No. 19-18,Att.A, 3-20-2018).
6.68.060 Waiver of regulations.
(a) The Health Officer may grant a waiver from specific requirements within this chapter if:
(Supp.No.63,5-23)
Page 5 of 7
Attachment A
(1) The waiver request is evaluated by the Health Officer or delegated county staff on an individual,site
by site basis.
(2) The waiver is submitted with all necessary forms provided by the department and applicable review
fee(s)according to the Environmental Health Fee Schedule.
(3) The waiver includes mitigation measure(s)to assure public health and water quality protection,at
least to that established by these rules, is provided.
(4) The waiver is consistent with all applicable state codes and does not result in conflicts with state
chapters or requirements.
(Res. 68-96(part), 1996: §6 of Res. dated 1/4/96).
(Ord. No.04-18,Att.A, 2-1-2018;Ord. No. 12-18,Att.A, 2-20-2018;Ord. No. 19-18,Att.A,3-20-2018)
Created: 2023-07-21 14:54:24 [EST]
(Supp.No.63,5-23)
Page 6 of 7
Attachment A
6.68.070 Appeals.
(a) Decisions of the Director may be appealed to the Health Officer. Appeals must be made in writing to the Director within ten
working days of the decision which is being disputed. A hearing date shall be scheduled with the health officer to be held within
thirty days of said decision being appealed.
(b) Determinations of the health officer may be appealed to the hearings examiner. Appeals must be made in writing to the director
within ten working days of the decision which is being disputed. A hearing date shall be scheduled with the hearings examiner to
be held within thirty days of said decision being appealed.
(c) Departmental orders and determinations shall be stayed for the period the appeal is pending, provided no public health
hazard results from said stay.(Res.68-96(part), 1996:§7 of Res.dated 1/4/96).
(Ord. No.04-18,Att.A, 2-1-2018;Ord. No. 12-18,Att.A, 2-20-2018;Ord. No. 19-18,Att.A, 3-20-2018)
Page 7 of 7