Letter submitted to Department of Health:
I request the legal authority relied upon by the Whatcom County Health Department for “staying” the provisions of WCC 24.05. This appears to be legally invalid based on the provisions for waiver of septic system requirements set out in RCW 70.05.072.
At the 1/26/10 County Council meeting, a public hearing was scheduled for an ordinance (Agenda Bill 2009-35) that would revise existing OSS system inspections requirements under WCC 24.05. However, it was announced at the meeting that the ordinance attached to the Council Agenda Packet was incorrect and would need to be re-issued in the next Council Agenda Packet. Council Member Brenner inquired whether Council could “stay” the application of WCC 24.05 until the corrected ordinance could be issued and voted upon.
She was advised by County Attorney Karen Frakes that Council lacked legislative authority to stay an existing law under these facts. Someone, whom I assume to be the Health Department Director, stood up and stated that the Health Department would be willing to use its administrative power to stay the provisions of WCC 24.05.
I have reviewed WCC 24.01 and 24.07 regarding the power and authority of the County Health Department and could not find authority for exercise of an administrative stay. In fact, the County Code repeatedly reflects the obligation of the Health Director to protect public health and safety, and to take enforcement action to secure this protection. The County Code incorporates by reference the provisions of state law, reflected in RCW 70.05.070. Again, the emphasis is placed on protecting public health and safety, not on suspending the laws enacted toward that end.
Moreover, any attempt to administratively stay the provisions of WCC 24.05 conflicts with requirements under RCW 70.05.072. Under state law, waiver from on-site sewage system requirements may only be made by the local health officer on an individual, site-by-site basis and only when the waiver is determined to be consistent with the standards and intent of state of board health rules. Quarterly reports must be submitted to the State Health Department for review.
There is no legal basis for suspending state laws enacted to protect public health and safety, particularly where it is based solely on a County Council error that can be cured within a few weeks. Moreover, an administrative stay on WCC 24.05 contradicts the very function and purpose of the County Health Department.
I would appreciate receipt of any legal authority which you believe overrides the above discussed law.
Sincerely,
Wendy Harris
Bellingham WA
Good move.
ReplyDeleteWatch out, Kremen will appoint Ward Nelson to the head of the Health Dept.
ReplyDeleteIs anyone encouraging folks to call and complain, say to both the Health dept, as well as the council office, or am I doing that now? This situation cries out for squeaky wheels in need of grease.
ReplyDeleteThis was the most urgent thing Brenner and her dog could come up with? Anarchy and contaminated water?
ReplyDeletePeople should contact the State Dept of Health and demand that they take over for these boobs/moobs.
Certainly Barbara Brenner has passion for septic systems and drain fields.
ReplyDeleteThe ordinance she and Sam Crawford brought forward turns out to have been the wrong one due to an error Barbara made with files in her computer. Ok she made a mistake. Mistakes happen. But……… The ordinance was introduced two weeks ago in the County Council agenda. The co sponsor of the ordinance, Sam Crawford, apparently never read it or if he did was fine with it the way it was. Ward Nelson has been on the County Health Board throughout this process. Apparently he never read it either. One thing is clear, Carl Weimer read it and pointed out how it was counter to State law.
So we had a public hearing on an illegal ordinance that was apparently submitted by mistake with the cosponsor never having read what was submitted. Sure got everyone worked up.
Now we will get another ordinance sometime in the future that will be legal. How will it differ from what we have now? The best I can tell is that we may get a new ordinance that will allow people to do their own initial inspections. The current county health rules allow self inspections after the initial professional inspection except for certain special systems.
There were other aspects of the ordinance regarding enforcement and programs to assist people with failed systems. But, at this point all I know is that the ordinance before the Council last Tuesday was apparently a keystroke error, so it makes little sense to evaluate at this time. One concern we should have is how much subsidy to ensure people take responsibility for their own poop. How will our fiscally conservative council members address the costs?
After having a public hearing the Council simply voted 5-2 on instructing the Health Department to stop following the county health rules. Based on what ordinance? What public process was followed? Council action taken on the fly based on the random whims of Barbara Brenner. The law and process is apparently very inconvenient. Brenner, Nelson and Crawford have 44 years of council experience.
I am not optimistic that they will ever get past the learning curve on Council process.