HomeMy WebLinkAbout2026-017 - Ord. Amending Mason County Code Chapter 6.64 Group B Water ORDINANCE NO. O --V fl-
AN ORDINANCE TO AMEND MASON COUNTY CODE TITLE 6, CHAPTER 6.64 GROUP
B WATER SYSTEMREGULATIONS
WHEREAS,Mason County Code Title 6, Chapter 6.64 Group B Water System Regulations were
last amended in 1996 via resolution number 68-96;and
WHEREAS,the existing language does not conform to current state code requirements;and
WHEREAS,RCW 70.05.060 directs the local board of health to enact rules and regulations as are
necessary to preserve,promote, and improve public health and provide for the enforcement
thereof; and
WHEREAS,the Washington State Department of Health, Office of Drinking Water,reviewed the
proposed amendments and found them to be compliant with WAC 246-291; and
WHEREAS,the Mason County Board of Health reviewed and approved the proposed
amendments on March 24,2026;and
WHEREAS, a public hearing was held on May 26,2026 in accordance with Mason County Code
6.04.060; and
WHEREAS,the Board of County Commissioners took public testimony from interested parties,
considered all written and oral arguments,testimony, and comments presented; and
NOW,THEREFORE,BE IT ORDAINED,the Mason County Board of Commissioners hereby
approves and adopts revisions to Mason County Code Title 6.64,which is to read:
Chapter 6.64 GROUP B WATER SYSTEM REGULATIONS
6.64.010 Authority.
Pursuant to the authority of Chapters,,70.05,70A.100,70A.125;and 70A.130 RCW,this chapter is
established as minimum requirements of the Mason County Board of Health,governing Group B public water
systems in Mason County.
(Res.68-96(part), 1996:§1 of Ord.dated 3/3/94).
6.64.020 Purpose.
The purpose of this chapter is to ensure the protection of public health by:
(a) Minimizing the potential for public exposure to unsafe drinking water;
(b) Establishing location,design,installation,and management requirements for public water systems to
accommodate safe and reliable drinking water sources.
(Res.68-96(part),1996: §2 of Ord.dated 3/3/94).
6.64.030 Administration.
The Director,through the authority delegated by the Mason County Board of Health,and the Mason County
Health Officer shall administer this chapter.Fees may be charged for this administration.
(Res.68-96(part),1996:§3 of Ord.dated 3/3/94).
6.64.040 Definitions.
The definitions of terms in Chapter 246-291 WAC are adopted and incorporated by reference. In addition,
the following definitions shall also apply in this chapter:
"Board"means the Mason County Board of Health.
"Department"means the Mason County Department of Public Health and Human Services.
"Director"means the Mason County Director of Public Health and Human Services or an authorized staff
member.
"Group B water system"means a water system that is not a Group A water system,that provides drinking
water to three to nine connections and;
(a) Fewer than twenty-five people per day;
(b)or twenty-five or more people per day for fewer than sixty days per year, provided the system does not
serve one thousand or more people for two or more consecutive days.
The following is not a Group B water system:
(a)consists only of distribution or storage facilities and does not have any source or treatment facilities;
(b)Obtains all water from,but is not owned by,a public water system where the rules of this chapter or
chapter 246-290 WAC apply;and
(c) Does not sell water directly to any person.
"Purveyor"means an agency,subdivision of the state, municipal corporation,firm,company,mutual or
cooperative association,institution, partnership,or person or other entity owning or operating a public water
system,or applying to create a public water system. Purveyor also means the authorized agents of these entities.
"Water system owner"means the owner of the system or the designated manager of the system.
"2-Party water system"means a drinking water well with two service connections and may also be referred
to as a 2-Party well. This is a non-public water supply for the purposes of determining minimum land area
requirements.
(Res.68-96(part),1996:§4 of Ord.dated 3/3/94).
6.64.050 Applicability.
(a) This chapter applies to new and expanding Group B water systems and 2-Party water systems.
(b) Where any of the requirements of this chapter conflict with one another or with any requirements of other
state or local drinking water regulations,the more stringent requirement shall apply.
(Res.68-96(part),1996:§5 of Ord.dated 3/3/94).
6.64.060 Minimum standards and adoption by reference.
(a) Chapter 246-291 WAC,Group B Public Water Systems as presently constituted and as hereafter amended,is
adopted and incorporated by reference in this chapter as minimal standards governing the location,design,
operation and monitoring of Group B public water systems in Mason County.Copies of said document shall
be kept on file and made available for public inspection at the department office.
(b) "Mason County Water System Design and Construction Standards,"as presently adopted and any future
revisions are hereby adopted and incorporated by reference in these regulations.Copies of said document
shall be maintained and made available to the public at the Mason County Public Health office.
(c) Permits shall be required prior to construction of any Group B or 2-Party water system. Permits shall be valid
for five years from their inspection date. Permit fees shall be charged according to the"Mason County
Environmental Health Fee Schedule."Copies of said document shall be maintained and made available to
the public at the Mason County Public Health office.
(Res.68-96(part), 1996: §6 of Ord.dated 3/3/94).
6.64.070 Certified water system designers.
(a) Design Reports shall be submitted in accordance with WAC 246-291-120.Water systems shall be
designed by a person who has specific expertise regarding design,operation,and maintenance of
public water systems.
(1) Design Reports shall be prepared,sealed,and signed in accordance with chapter 196-23 WAC by a
professional engineer unless the proposed design meets the following criteria:
(i)Does not use a variable speed pump;
(ii) Does not provide fire flow;
(iii) Does not have special hydraulic considerations;
(iv)Does not have atmospheric storage in which the bottom elevation of the storage reservoir is
below the ground surface;and
(v)Serves fewer than ten service connections
(Res.68-96(part), 1996:§7 of Ord.dated 3/3/94).
6.64.080 Monitoring.
(a) Group B water system owners shall test the water quality as outlined in Chapter 246-291 WAC,according to
the following schedule:
(1) Fecal Coliform shall be tested twice per year with a minimum of four months between sampling
events.
(2) Nitrate shall be tested a minimum of once every two years.
The Director may require more frequent testing or testing for additional contaminants based on specific
environmental conditions.(b)If the water system owner fails to perform the necessary testing in a timely and
satisfactory manner,the department may collect for testing and bill in accordance with the current fee
schedule. Failure to pay for the collection and testing of the water will result in the status of noncompliance
for the water system and enforcement proceedings as set forth in Section 6.64.090 of this chapter.
(Res.68-96(part), 1996: §8 of Ord.dated 3/3/94).
6.64.090 Enforcement.
(a) It is unlawful for a purveyor to provide water from, use or maintain an unapproved Group B water system.
(b) No purveyor shall use, maintain,or expand a Group B water system except in a manner that is appropriate to
the design of the system as approved by the department.
(c) Public Nuisance.All violations of this chapter are determined to be unlawful and declared to be detrimental
to the public health,safety and welfare,and are public nuisances.All conditions which render any building,
structure,premises,land use or portion thereof to be used or maintained in violation of this chapter shall be
abated if provisions for their continuance made pursuant to this chapter are not satisfied.
(d) Civil Penalties. In addition to or as an alternative to any other judicial or administrative remedy provided
herein,or by law,any water purveyor,person or establishment who violates this chapter or by each act of
commission or omission procures,aids or abets such violation,may be assessed a civil penalty not to exceed
fifty dollars for each day of continuous violation to be directly assessed by the health officer until such
violation is corrected.The per diem penalty shall double for the second separate violation and triple for the
third and subsequent separate violations of the same chapter within any five-year period.
(e) Criminal Penalties. In addition to or as an alternative to any other judicial or administrative remedy provided
herein,or by law,any water purveyor or person who violates this chapter or by each act of commission or
omission procures,aids or abets such violation,shall,upon conviction,be guilty of a misdemeanor. For
purposes of this chapter,each section violated shall constitute a separate and distinct offense,and each
day's violation shall constitute a separate and distinct offense. Penalty,upon conviction,shall be punishable
by a fine of not more than five hundred dollars,or by imprisonment for not more than ninety days,or both
such fine and imprisonment.
(Res.68-96(part), 1996:§9 of Ord.dated 3/3/94).
6.64.100 Appeals.
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 within thirty days. Decisions of the Health Officer may be appealed to the Board of Health.
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 before the Board on or before their next regularly scheduled meeting.Any
variation from this regulation resulting in requirements less stringent than those found in Chapter 246-291 WAC
shall have concurrence from the Washington State Department of Health.
(Res.68-96(part), 1996:§10 of Ord.dated 3/3/94).
6.64.110 Waiver.
The Director may waive portions of this chapter,provided the waiver is consistent with the intent of this
chapter,no public health hazard will result from said waiver,and the waiver will not violate the requirements of
other state or local drinking water regulations.Any waiver from the requirements of Chapter 246-291 WAC shall
have concurrence from the Washington State Department of Health.
(Res.68-96(part), 1996: §11 of Ord.dated 3/3/94).
DATED this �T b day of 2026.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY,WASHINGTON
McKenzie Sm' h,C erk of the Board Pat Tarzwell,Chair
APPROVED AS TO FORM:
Rand Neatherli ,Vice-Chair
J
Tim Wh y rosecuting Q �
Attorney Sharon Trask,Commissioner