Sections:
6.68.040 - Determination of adequacy for building permits.
6.68.050 - Determination of adequacy for division of land.
6.68.060 - Waiver of regulations.
(a)
The purpose of these rules is to define basic water adequacy in accordance with Section 63, Section 51, and Section 52 of the Growth Management Act new construction and to each lot in a proposed subdivision or a short subdivision prior to approval.
(b)
It is the express purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this chapter.
(Res. 68-96 (part), 1996: § 1 of Res. dated 1/4/96).
(a)
The provisions of this chapter shall apply to all territories contained within the jurisdictional boundaries of the Mason County department of health services. 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 the health services director or 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, or additions to buildings which already contain potable water;
(3)
Replacement structures that are similar or in-kind; and
(4)
Replacement structures for mobile home parks or recreational parks.
(Res. 68-96 (part), 1996: § 2 of Res. dated 1/4/96).
The definitions of terms in WAC 246-290, WAC 246-291, RCW 90.03, RCW 90.44, and Title 16 of this code are adopted and incorporated by reference.
(Res. 68-96 (part), 1996: § 3 of Res. dated 1/4/96).
6.68.040 - Determination of adequacy for building permits.
(a)
Group B or Two-Party 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 an application form; and
(2)
Upon receipt of the application, the Group B public water system file is reviewed for the following:
(A)
Quality.
(i)
Public water sources must meet all the standards set forth by state regulation and be current on monitoring requirements.
(ii)
In areas of water quality concern, water quality may be required to be further evaluated for any or all of the following:
A.
Primary contaminates,
B.
Secondary contaminates,
C.
Volatile organic compounds (VOC), and/or
D.
Synthetic organic compounds (SOC).
(B)
Quantity. The minimum quantity of available water supply shall be eight hundred gallons per connection per day and a pumping rate of one gallon per minute per connection.
(C)
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.
(b)
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 an application form; and
(2)
Upon receipt of the application form, the Washington State Department of Health is consulted and the Washington State Department of Health determines that the water system is adequate.
(c)
Individual Sources.
(1)
Prior to issuance of the building permit, a copy of the water well report, a satisfactory bacteriological report, and a capacity test is attached to the application; and
(2)
Upon receipt of the application, documentation will be reviewed for the following:
(A)
Quality.
(i)
A satisfactory bacteriological analysis is required.
(ii)
In areas of water quality concern, the same requirements apply as described in subsection (a)(2)(A)(ii) of this section.
(B)
Quantity. The same requirements apply as described in subsection (a)(2)(B) with the exception that appropriate conservation in conjunction with adequate storage measures may be used to justify a daily volume of less than eight hundred gallons.
(C)
Compliance. The same requirements apply as described in subsections (a)(2)(C)(i) and (ii) and assurance that the water source will not interfere with existing water rights;
(3)
A surface water source will be determined to be adequate or 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).
6.68.050 - Determination of adequacy for division of land.
(a)
Group B or Two-Party 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 health services, totaling one hundred thirty-five 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(a).
(b)
Group A Public Water System. The same requirements apply as described in subsection 6.68.040(b).
(c)
Individual Water Sources.
(1)
Individual water sources will be adequate for land division when the lots meet the sizing criteria in WAC 246-272-20501. 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 without establishing a potable water supply. No building permit necessitating potable water will be issued without first satisfying potable water requirements as required by the Mason County Health Services Director."
(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 well drilled;
(C)
Water study by a qualified hydrogeologist.
(Res. 68-96 (part), 1996: § 5 of Res. dated 1/4/96).
6.68.060 - Waiver of regulations.
Whenever a strict interpretation of this chapter would result in extreme hardship, the director of health services may waive such regulations or portion thereof; provided, that the waiver is consistent with the intent of this chapter and that no public health hazard will result.
(Res. 68-96 (part), 1996: § 6 of Res. dated 1/4/96).
Decisions of the director of health services may be appealed to the Mason County board of health. Appeals must be made in writing within twenty working days of the decision which is being disputed. A hearing date shall be scheduled with the board for their next regular meeting. All appeals shall be sent to the board in writing via certified mail with return receipt requested.
(Res. 68-96 (part), 1996: § 7 of Res. dated 1/4/96).