Sections:
6.64.060 - Minimum standards and adoption by reference.
6.64.070 - Certified water system designers.
Pursuant to the authority of Chapters 43.20, 43.70, 70.05, 70.116, 70.119A and 70.142 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).
The purpose of this chapter is to assure protection of public health by:
(1)
Minimizing the potential for public exposure to unsafe drinking water;
(2)
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).
The Mason County health services 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).
The definitions of terms in Chapter 246-290 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 health services.
"Director" means the Mason County director of health services or an authorized member of the health department staff.
"Group B water system" means water system consisting of two to nine connections and/or serving less than twenty-five people for sixty days or more/year.
"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. Purveyor also means the authorized agents of such entities.
"Water system owner" means the owner of the system or the designated manager of the system.
(Res. 68-96 (part), 1996: § 4 of Ord. dated 3/3/94).
This chapter shall apply to all Group B water systems except the following:
(a)
Existing nonexpanding Group B water systems. However, this chapter shall be applied to the maximum extent feasible for the water system and the appropriate permits shall be required.
(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 246-290 WAC, Drinking Water Regulations 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)
Standards for design and construction shall be established and maintained by the department. Said standards shall be called "Mason County Department of Health Services Design and Construction Standards for Group B Water Systems," and shall, upon completion, apply to all Group B water systems. Copies of said document shall be kept on file and made available for public inspection at the department office.
(c)
Permits shall be required prior to any construction of any Group B water system well. Permits shall be valid for two years from their inspection date. Permit fees shall be charged according to the "Mason County Department of Health Services Fee Schedule." Copies of said document shall be kept on file and made available for public inspection at the department office.
(Res. 68-96 (part), 1996: § 6 of Ord. dated 3/3/94).
6.64.070 - Certified water system designers.
(a)
Any work associated with the design of a new Group B water system within Mason County shall be performed by a designer certified by the department except when one of the following conditions is met:
(1)
The system is designed by a professional engineer licensed in the state of Washington under Chapter 18.43 RCW.
(2)
The system is designed by a designer certified by Thurston County health department or Bremerton-Kitsap County health district.
(b)
The departmental requirements for designer certification are as follows:
(1)
Prior to issuance of certificate to person, the director shall require written examination of the applicant's knowledge of sanitary principles and rules, regulations, laws and ordinances affecting public health and safety with respect to public water systems.
(2)
The initial certificate fee shall be in accordance with the adopted fee schedule. At the end of each calendar year, all certificates shall expire. Certificates may be renewed for a fee established by the adopted fee schedule. A designer's certificate shall not be transferable.
(c)
A designer's certificate may be suspended by the director for a period not to exceed thirty days for incompetency, negligence, misrepresentation, or for failure by the holder to comply with any other requirement of this chapter, unless the health officer feels a decision on revocation is needed.
(d)
A designer's certificate may be revoked by the director for a period not to exceed one year for serious or repeated violations of any of the requirements of this chapter, using the following procedure:
(1)
To revoke a designer's certificate, the director shall notify the designer in writing, stating the reason for which the designer's certificate is subject to revocation and schedule a hearing with the health officer.
(2)
The director may suspend the designer's certificate pending the hearing with the health officer.
(e)
Any designer whose certificate has been revoked will be required to take the written examination again before issuance of a new designer's certificate.
(Res. 68-96 (part), 1996: § 7 of Ord. dated 3/3/94).
(a)
The water system owner shall assure that water samples are submitted for testing as outlined in Chapter 246-290 WAC, according to the schedule established by the department.
(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).
(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).
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. Any variation from this regulation resulting in requirements less stringent than those found in Chapter 246-290 WAC shall have concurrence from the Washington State Department of Health.
(Res. 68-96 (part), 1996: § 10 of Ord. dated 3/3/94).
The board may waive this chapter or portions thereof, 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 246-290 WAC must have prior written concurrence from the Washington State Department of Health.
(Res. 68-96 (part), 1996: § 11 of Ord. dated 3/3/94).