HomeMy WebLinkAbout2024/08/13 - BOH Packet MASON COUNTY
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Building,Planning,Environmental Health,Community Health
MASON COUNTY BOARD OF HEALTH
Special Meeting
PUBLICAugust 13, 2024
11:00 A.M.
HEALTH Commission Chambers
® 411 North 5'Street
Shelton,WA 98584
Meeting ID: 837 2134 6920
Passcode: 291932
DRAFT AGENDA
1. Welcome and Introductions Chair
2. Approval of Agenda—ACTION Board Members
3. Environmental Health Report Ian Tracy
a. Basic Sanitation Policy
4. Other Business and Board Discussion Board Members
5. Public Comments
6. Adjourn
If special accommodations are needed,please contact McKenzie Smith at(360)427-9670 ext.589 or
msmithg,masoncountMa.gov
Mason County Public Health
415 N 6't'Street,Bldg. 8,Shelton WA 98584,
Phone(360)427-9670 ext.400 Fax(360)427-7787
Environmental Health Briefing
TO: Mason County Board of Health
FROM: Ian Tracy, Environmental Health Manager
DATE: July 23rd, 2024
ITEM: Basic Sanitation Policy
SUMMARY: The purpose of this policy is to provide guidance to staff and ensure consistency
when they encounter non-permitted living conditions. Over the past 5-7 years our county has
experienced an explosive increase in the number of complaints related to people living in tents,
recreational vehicles, campers, sheds, cars etc. Complaints such as multiple RVs, sewage, solid
waste and un-permitted structures. Initially our enforcement efforts adhered to Mason County
Code and the result was the movement people and their associated sanitation issues from one
property to the next all over the county. The root public health problems are basic sanitation issues
that expose people and the environment to sewage and unpermitted burning or landfilling of solid
waste. By chasing people all over the county we were not eliminating the public health threat, just
changing the location with no control over where that new location might be. We also quickly found
that we do not have adequate staff to enforce the code for most of these complaints. Planning and
Environmental Health jointly began exercising enforcement discretion for these cases. We chose
to defer enforcement action for certain portions of the code if there were no public health threats
identified. This approach has been effective at mitigating public health threats, aligns with our
current funding and is similar to the approach used by neighboring jurisdictions.
This item was briefed to the Board in March and at that time the board indicated they needed more
time to review.
REQUESTED ACTION: Board discussion.
ATTACHMENTS: Draft policy
MASON COUNTY
Public Health & Human Services
Enforcement - Basic Sanitation for Non-Permitted Living Conditions
The purpose of this policy is to protect public health and uphold the intent of existing
regulations by identifying our enforcement discretion in response to the current
economic, behavioral, and social challenges. This policy does not address building or
planning codes.
Problem Statement
Mason County Public Health and Human Services (MCPH) is aware that many
people are living individually or communally in non-permitted housing (including
tents, recreational vehicles, converted out buildings, etc.) with a lack of potable
water, sewage disposal, and solid waste disposal. This is most often due to their
inability to find or afford appropriate housing and/or personal health challenges.
However, living in substandard housing and discharging sewage to ground,
unapproved drain fields, cesspools, pit privies, dry wells, etc. represent a public
health and environmental risk. Accumulation or improper disposal of solid waste
leads to public health and environmental impacts.
Applicable Regulations
• Mason County Code 6.72 Solid Waste and Biosolids Handling and Facilities
Regulations
• Mason County Code 6.76 On-site Sewage Regulations
• Mason County Code 16.22 Mobile Homes and Trailer Parks
• Mason County Public Health On-site Standards
• RCW 35.21 .915 Hosting the homeless by religious organizations
• Washington Administrative Code 51-50-2900 Plumbing Systems
Policy Statement
It isthe policy of MCPH and the Mason County Board of Health that staff will work
with the property owner, occupant(s), Mason County Code/Law Enforcement
staff, or other involved parties to ensure:
• Sanitary management of wastewater.
• Sanitary management of solid waste.
• Prevent public health threats and degradation of shellfish harvesting areas.
MASON COUNTY PUBLIC HEALTH, COMMUNITY&ENVIRONMENTAL HEALTH
415 6TH ST., SHELTON,WA 98584
SHELTON: (360)427-9670 X400 BELFAIR: (360)275-4467 X400
Basic Sanitation for Non-Permitted Living Conditions
The property owner has the ultimate responsibility to ensure proper disposal of
all sewage and solid waste on their property.
Our intent is not to criminalize people living in these situations. Rather, our
intent is to stabilize people where they are and provide time for them to improve
their living conditions. This policy applies to any property within the boundary of
Mason County.
Policy Summary
MCPH staff will follow the guidelines in this policy when they identify non-
permitted living conditions via building permits, onsite sewage system (OSS)
inspection reports, a complaint, agency referral or sanitary survey, etc. If there is
an approved onsite sewage system on the property that has capacity for
connection, then it may be used to properly handle sewage generated on the
property. If there is no approved on-site sewage system or public sewer system
connection then staff may authorize temporary occupancy of the property as
prescribed in this policy.
See Appendix A for definitions not included in Mason Couty Code (MCC) Titles 6
or 16.
This policy does not identify approval criteria for siting Homeless Temporary
Encampments. Temporary Encampments encompass several types: Continuous-
Stay Shelter, Emergency Shelter Facility, Temporary Shelter Site, Resident Safe
Park, Temporary Tent Encampment, Unsupported/Unsanctioned Encampment.
Appendix A contains definitions of these terms from
https://www.commerce.wa.gov/wp-content/uploads/2020/09/hau-ofah-shelter-
guidelines-2020-2023.pdf
The MCPH Director may extend compliance dates depending upon progress
demonstrated by the property owner not to exceed 12 months. After this
extension has expired, the property owner may appeal to the Health Officer and
finally the Board of Health for more time. If the property owner is not able to
comply after additional granted time, MCPH staff will evaluate the Enforcement
and Penalty options specified in Title 15 - Development Code and Title 6 Sanitary
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Basic Sanitation for Non-Permitted Living Conditions
Code.
Installation and use of pit toilets for sewage disposal shall not be permitted nor
considered an adequate form of sewage disposal in Mason County (MCC
6.76.065(3)).
Outdoor plumbing fixtures are discouraged, but this policy does make
allowance for them if certain conditions are met (see Attachment A).
Unoccupied structures and vehicles that are not connected to water service or
discharging wastewater are not subject to this policy.
Property owners and/or Sponsor will provide adequate pest-proof garbage
containers with frequent disposal at a permitted solid waste facility.
This policy does not preclude other county departments or state agencies from
taking enforcement action within their jurisdiction. No permit fees apply to the
temporary circumstances covered in this policy.
A1121ying this Policy
Table 1 below describes compliance requirements for waste management when
people live primarily in travel trailers, recreational vehicles, park models, tiny
homes, or other structures with plumbing fixtures where an on-site sewage
system or public sewer connection is currently installed or is practical to install
within six to 24 months.
Table 2 provides waste management requirements for "Temporary
Encampments" located on undeveloped properties with no onsite sewage
system or public sewer connection, and it's not practical to provide either in the
next six to 24 months. A Temporary Homeless Encampment as described in
Table 2 is any sanctioned or unsanctioned homeless camp operated by the City,
County, or faith-based and non-governmental organizations with a 501(C)(3)
status that is a charitable organization.
Table 3 provides waste management requirements for "Temporary
Encampments" located on developed properties with an approved onsite
sewage system including a system that may require supplemental portable
services adequate for a temporary encampment at that location.
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Basic Sanitation for Non-Permitted Living Conditions
Attachment A describes compliance requirements/actions where plumbing
fixtures installed without permits are identified.
Compliance with this policy will be ensured by completing the following:
1. MCPH staff provide property owner (owner) and occupants with information
on:
A. RV sewage disposal sites such as parks and other facilities.
B. List of certified pumpers.
C. Guidance for sanitary connection to OSS or portable holding tank.
2. MCPH staff will refer owner and occupants to Community Family Health to
evaluate their eligibility for assistance programs.
3. MCPH staff will serve a written Notice and Order/ Notice of Violation (Order) to
the owner/occupants of the property. Owner/occupant is required to submit a
plan for management of wastewater and solid waste on the property on the
Waste Management Plan (WM P) form provided by the department.
4. Recreational vehicles, park models, tiny homes, yurts, and converted
outbuildings etc. being used as a single-family residence are all considered to
generate the following volume of sewage based on water source.
A. Plumbed water- 60gal/person/day.
B. Hauled water supply - 5gal/person/day.
5. If the OSS serving the property has no as-built on file, MCPH staff will
recommend the system be evaluated by a state licensed designer to determine
its functional status and capacity.
6. Owners/occupants mustdemonstrate adequate sanitation and waste
management through consistent compliance with and execution of the
approved WMP.
7. Onsite sewage system disposal may be augmented by use of pumpable
portable sanitation units such as sinks, showers, chemical toilets and bathrooms.
These units must:
A. Have adequate capacity for all grey and black water wastes.
B. Be pumped out and waste disposed of in an appropriate off-site
designated waste disposal treatment location.
8. Staff will inspect the connection to an existing onsite sewage system or to an
adequate portable sanitation unit to ensure that it is sanitary and leak free.
9. If at any time the owner/occupant is no longer in compliance with the WMP,
MCPH staff will review MCC code and policy to determine appropriate
enforcement action.
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Basic Sanitation for Non-Permitted Living Conditions
Mason County Board of Health
Randy Neatherlin, Chair Date
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Basic Sanitation for Non-Permitted Living Conditions
Table 1:Travel trailers,Recreational Vehicles,Park Models,Tiny Homes,or other structures with Plumb in fixtures
Condition Observed Waste Management Owner Responsibilities Enforcement Timeline MCPH Staff Extension Director Extension Health Officer
on the property Plan Extension
Scenario#1 On board holding tank For an RV,submit WMP or One month for WMP. Up to six additional Up to 12 additional At Health Officer's
No OSS available. for RV with waste contract with certified months for installation of months for installation discretion up to 12
management plan(WMP) pumper,or contract for and 12 months for installation of new OSS. of new OSS. additional months.
One or more living or pump contract, place a chemical toilet on new OSS.
units on the property. site. Condition:Progress Owner must appeal to
OR has been made and Owner must appeal to Board of Health
Notify staff of any spills. field inspection reveals Health Officer for (BOH)
Contract for chemical that sewage is being additional time. for more time.
toilet or temporary Apply for a permit and handled correctly.
holding tank to handle complete installation of If final deadline not
both grey and black new OSS. met,staff will evaluate
water. the enforcement and
penalty options
AND specified in EH Policy
and Code.
Provide adequate
containers and proper
and frequent disposal of
solid waste generated on
the property
Scenario#2 Additional living unit(s) Submit WMP. One month for WMP. If final deadline not met, N/A N/A
OSS installed. may be connected if OSS staff will evaluate the
is not in failure. Notify staff of any spills. enforcement and
Single Family penalty options specified
Residence connected. If it is not feasible for OSS in EH Policy and Code.
to serve the additional
Additional living living unit(s),then refer to
unit(s)present. Scenario#1.
Provide adequate
containers and proper
and frequent disposal of
solid waste generated on
the property.
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Basic Sanitation for Non-Permitted Living Conditions
Table 1 Continued
Condition Observed Voluntary Compliance Owner Responsibilities Enforcement Timeline MCPH Staff Extension Director Extension Health Officer
on the property Agreement(WMP) Extension
Scenario#3 Living unit(s)may be Submit WMP. One month for WMP. If final deadline not met, N/A N/A
OSS installed. connected if OSS is not in staff will evaluate the
failure. Notify staff of any spills. enforcement and
No Single Family penalty options specified
Residence connected. If not feasible for OSS to in EH Policy and Code.
serve the living unit(s),
One or more living then refer to Scenario#1.
units.
Provide adequate
containers and proper
and frequent disposal of
solid waste generated on
the property.
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Basic Sanitation for Non-Permitted Living Conditions
Table 2:Temporary Encampments located on undeveloped property with no access to approved wastewater treatment and disposal.Intentionally placed by owner/sponsor.i.e.City of Shelton
Mitigation Site.
Condition Observed Waste Management Owner Responsibilities Enforcement Timeline MCPH Staff Extension Director Extension Health Officer
on the property Plan Extension
Temporary Sufficient chemical toilets Submit and implement a One month to submit and Two additional weeks to One additional week to Camp may remain at
encampment. for grey and black water, WMP that includes Contract implement WMP submit and implement submit and implement a documented
with handwash station, with a licensed and certified WMP if progress has WMP if progress has location with an
No OSS or other company to provide been verified. been verified. implemented WMP at
approved wastewater OR adequate port-a-pots and the Health
management system. potable water for If final deadline not met Officer's discretion up
Portable restroom trailer handwashing and cooking. for submittal of WMP, to 12 months
with adequate toilets, staff will evaluate the
showers and enforcement and Owner must appeal to
handwashing. penalty options Board of Health
specified in EH Policy (BOH)for more time.
Portable kitchen trailer and Code.
for cooking and If final deadline not
handwashing or other met,staff will evaluate
mechanism/methods the enforcement and
approved by EH to penalty options
provide safe water and specified in EH Policy
wastewater and Code.
management.
Potable water for
handwashing and
cooking.
AND
Camp may have to move
to accommodate
contractor access for
maintenance.
Property owners and/or
Sponsor are responsible
for providing adequate
containers and proper
and frequent disposal of
solid waste generated on
the property.
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Basic Sanitation for Non-Permitted Living Conditions
Table 3:Temporary Encampments located on pro erties with OSS.
Condition Observed Voluntary Compliance Owner Responsibilities Enforcement Timeline MCPH Staff Extension Director Extension Health Officer
on the property Agreement(WMP) Extension
Temporary OSS Is determined to Submit and implement a One month to Implement Two additional weeks to One additional week to Camp may remain at
encampment. treat 60 gallons per WMP that includes Contract WMP. submit and implement submit and implement a documented
person per day. with a licensed and certified WMP if progress has WWMP if progress has location with an
Approved OSS company to provide been verified. been verified. implemented WMP at
installed and potable If number of persons adequate chemical toilets the Health Officers
water available. exceeds OSS capacity: and potable water for If final deadline not met discretion up to 12
Sufficient chemical toilets handwashing and cooking. for submittal of WMP, months.
for grey and black water, staff will evaluate the
with handwash station. Enforcement and Owner must appeal to
Penalty options Board of Health
OR specified in EH Policy (BOH)for more time.
and Code.
Portable restroom trailer If final deadline not
with sufficient toilets and met,staff will evaluate
handwashing. the Enforcement and
Penalty options
Portable kitchen trailer specified in EH Policy
for cooking and and Code.
handwashing or other
mechanism/methods
approved by EH to
provide safe water and
wastewater
management.
AND
Camp may have to move
to accommodate
contractor access for
maintenance.
Property owners and/or
Sponsor will be
responsible for providing
adequate containers and
proper and frequent
disposal of solid waste
generated on the
property.
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Basic Sanitation for Non-Permitted Living Conditions
Requirements for the allowance of or decommissioning of plumbing fixtures
A. Outdoorfixtures(sink or shower, etc.whether plumbed to water or not):
1 . Current O&M inspection on file.
2. Plumbing fixture discharge must be plumbed into the septic system or remove fixture.
3. Exceptions:
a. Hose bib on property okay.
b. Exception: Fin or Shellfish wash sink ok if it is located near shore and served by hose.
c. Exception: Raw vegetable wash sink ok if nearvegetable garden and served by hose.
B. Plumbing removal in a building not approved for plumbing:
1. Remove all plumbing fixtures such as sinks, showers, tubs, toilets.
2. Cut interior pipes atthe wall orfloor,fill firstfew inches of pipe with expanding foam or
cement.
3. Water line must be cut and capped one foot outside the building.
4. Sewer line must be cut outside the building and either removed or filled with cement or
expanding foam.
5. Septic tank or cesspool (if present) shall be decommissioned or removed with
documentation submitted to MCPH.
Hose bibs and hydrants are exempt.
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Basic Sanitation for Non-Permitted Living Conditions
Charitable is used in its generally accepted legal sense and includes relief of the poor,the
distressed, orthe underprivileged;advancement of religion; advancement of education or
science;erecting or maintaining public buildings, monuments, or works; lessening the
burdens of government; lessening neighborhood tensions; eliminating prejudice and
discrimination; defending human and civil rights secured by law; and combating
community deterioration and juvenile delinquency.
Continuous-Stay Emergency Shelters offer sponsored living arrangements where
households have a room or bed or temporary portable tiny house shelter assigned to them
throughout the duration of their stay in a sanctioned and sponsored location. The targeted
stay may range from six months to one year and is renewable by the permitting body.
Emergency Shelter Facility is defined as a building locally permitted to provide
emergency shelter for people experiencing homelessness. This includes re-use of existing
buildings and new buildings. This designation requires a certificate of occupancy issued by
the local jurisdiction.
Living Unit- Includes tents, RVs, travel trailers, sheds, yurts, or other places where people
live, sleep, or recreate.
Managing agency means an organization identified as the manager of a temporary
encampment that has the capacity and expertise to organize and manage a temporary
encampment. A "managing agency" may be the same entity as the sponsor.
Owner is the property owner as identified in the County Assessor records.
Resident Safe Park is an arena or location where people can live in their RVs or cars
without standard hookups, but where there are features such as: security, property
management, potable water, bathrooms and showers, garbage collection, electricity and
access to social support services. This is essentially a non-profit coordinated, temporary RV
park and is movable from one location to another. It doesn't usually have typical hookups
as in a campground but may be located in a large parking lot or athletic field or
commercial property or the grounds of a church.
Sponsor means:
1. A government entity(e.g., city or housing authority); or
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Basic Sanitation for Non-Permitted Living Conditions
2. A religious organization that is recognized bythe Internal Revenue Service as exempt
from federal income taxes as a religious organization, and that expresses its religious
mission, in part, by organizing living accommodations for the homeless; or
3. Nonprofit organization.
Temporary means not affixed to land permanently and not using underground utilities.
Temporary Encampment as used in this context means: "Not affixed to land
permanently and not using underground utilities."(WA Dept of Commerce definition)
There are several forms of"Temporary Encampments" including, but not limited to:
• Unsanctioned temporary homeless tent encampment
• Temporary supported emergency shelter
• Sponsored temporary portabletiny housevillage
• Designated temporary vehicle resident safe park arena
• Otherforms of temporary encampments, such as for events orsocial or religious
gatherings.
Temporary Encampments are generally limited to periods of six months to a year, depending
on location, and may be renewable.
Temporary Shelter Site is a structure or a location permitted to provide temporary shelter
for people experiencing homelessness. Tents, mitigation sites, resident vehicle safe park
arenas, or hosted encampments of portable tiny houses are examples of Temporary Shelter
Sites. This designation requires use approval, as required by the local jurisdiction. This could
be conditional or temporary use permits, or a zoning letter stating approvals required.
Temporary shelter structures referred to as portable "tiny shelters" or "tiny homes" or
"wooden tents" that do not have interior plumbing or kitchens are allowable facility
types, in addition to other models approved by Commerce.This designation requires
use approval,as required bythe local jurisdiction.This could beconditional ortemporary
use permits, or a zoning letter stating approvals required.
Temporary tent encampment means a group of homeless persons temporarily residing
in tents or other temporary structures on a site owned or controlled by a sponsor with
services supervised by a managing agency.
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Basic Sanitation for Non-Permitted Living Conditions
Unsupported/ Unsanctioned Encampment is an encampment of tents or vehicles
consisting of unrelated individuals occupying a location or facility without permitting,
sanction or support of non-profit organization or government agency. May be located
on private property if sanitation requirements fortemporary encampments are met.
Waste Management Plan(WMP) is a written plan submitted bythe owner/occupant or
sponsoring entity that includes:
• Methods of wastewater management.
• Capacity based on the proposed number of occupants.
• Source of potable water and method of delivery.
• Contract with a certified septic pumper for removal of all grey and black water.
• Description of solid waste management and disposal.
WAC 51-50-2900 Plumbing systems shall be used as a guide for minimum number of
fixtures to be provided. At a minimum the following shall be met to be considered
adequate:
• One toilet shall be provided at a ratio of 1:15 persons.
• Showers at the ratio of 1:8 persons.
• If three or more sanitary portable toilets or bathrooms with showers are required, at
least one shall be ADA accessible.
• All shall be set back at least 40 feet from all property lines.
• Hand-washing stations shall be provided in both the toilet area and food
preparation area.
The "owner", "sponsor" and "managing agency" shall ensure compliance with the WMP,
Washington State laws and regulations, the City of Shelton Municipal Code, and Mason
County Code concerning, but not limited to, drinking water connections, food handling and
storage, solid waste, sewage and electrical systems. The "owner", "sponsor" and "managing
agency" shall coordinate with MCPH and arrange for inspections by state and local agencies
to ensure such compliance and shall implement all directives that result within the specified
time period.
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