Chapter 12.48 RULES AND REGULATIONS OF THE SKAGIT COUNTY BOARD OF HEALTH GOVERNING INDIVIDUAL AND PUBLIC DRINKING WATER SYSTEMS*

These rules and regulations are established by the Skagit County Board of Health pursuant to its authority under RCW 70.05.060 and WAC 246-290-030 permitting local boards of health to enact local rules and regulations as are necessary in order to preserve, promote and improve the public health and provide for the enforcement thereof. The purpose of these rules is to:

(1) Define minimum regulatory requirements and to protect the health of consumers whether they drink from an individual or a public water system and to meet the intent of the Growth Management Act; and

(2) Comply with and implement the requirements of Chapters 173-160, 246-290 and 246-291 WAC, and Chapters 12.05 and 14.24 SCC; and

(3) Whenever possible, carry out powers in manners which are consistent with Chapter 90.54 RCW and Chapters 173-503 and 173-505 WAC, as the same may hereafter be amended; and

(4) Direct the public to the best source of drinking water and the best location for that source of water; and

(5) Apply the best public health development standards and practices for the protection of drinking water sources. (Ord. O2007004 (part): Ord. 14063 (part), 1991)

12.48.015 Drinking water and well construction standards adopted.

The following rules and regulations are hereby adopted as minimum requirements. When any part of these rules and regulations conflicts with another part, the more restrictive rule or regulation shall apply.

(1) Chapter 246-290 WAC, Group A Public Water Systems, as the same may hereafter be amended; and

(2) Chapter 246-291 WAC, Group B Public Water Systems, as the same may hereafter be amended; and

(3) Well construction, capping and abandonment shall conform to Chapter 173-160 WAC, Minimum Standards for Construction and Maintenance of Wells, as the same may hereafter be amended. (Ord. O2007004 (part))

12.48.020 Applicability.

(1) These regulations:

(a) Shall apply to all public and individual water systems in Skagit County;

(b) Establish adequate and potable water supply requirements for existing and proposed development, including building permits and land divisions.

(2) The following development proposals are not subject to review by the Health Officer under these regulations:

(a) Repairs of existing buildings that will not increase the use of an existing water supply;

(b) Remodel or replacement of existing, nonresidential buildings when the new work will not increase the use of an existing water supply; and

(i) Increase the number of bedrooms; or

(ii) Add more than five hundred (500) square feet of gross floor area.

(d) Development determined by the Health Officer to not have a detrimental effect on public health or conflict with the intent of these regulations. (Ord. O20110012 Att. D: Ord. O2007004 (part): Ord. 14063 (part), 1991)

12.48.030 Definitions.

For the purposes of these regulations the following definitions together with those in Chapters 173-160 and 246-290 WAC shall apply unless the context thereof clearly indicates to the contrary.

“Adequate water supply” means a water supply which is capable of supplying at least three hundred fifty (350) gallons of water per day, meets siting criteria established by State and local regulations, and meets water quality standards in SCC 12.48.110.

“Affected Indian tribe” means any Indian tribe, band, nation or community that is federally recognized by the United States Secretary of the Interior and that will or may be affected by a development proposal.

“Alternative source” means a drinking water source other than a drilled well constructed in conformance with Chapter 173-160 WAC and drilled by a licensed well driller, including a spring, dug well, jetted or driven point, cistern, homeowner-drilled well, or surface source.

“Aquifer assessment” means a SCPHD assessment of the aquifer’s ability to serve a land division. This includes, but is not limited to:

(a) Copies of all available well logs within one-quarter (1/4) mile of the development;

(b) Approved sewage system site evaluation(s) and/or designs;

(d) U.S.D.A. Soil Conservation Service soil map of the project site; and

(e) Any other pertinent geological or topographical data.

“Board of Health” means the Board of Health of Skagit County pursuant to the provisions of Chapter 70.05 RCW.

“Building permits” means building permits and their related prior land use approvals for which either a connection to, or a determination of, adequate and potable water is required. This includes related land use approvals that could affect future building permits such as: special use permits, variances, “quasi-judicial” property rezones, shoreline substantial development/conditional use permits, and boundary line adjustments.

“CWSP” means the Skagit County Coordinated Water System Plan.

“DOH” means the Washington State Department of Health.

“Ecology” means the Washington State Department of Ecology.

“Evaluation” means:

(a) Review of an individual water system by the SCPHD using SCC 12.48.110; or

(b) Review of a public water system by either the SCPHD or DOH using SCC 12.48.220 and Chapters 246-290 and 246-291 WAC.

“Flow-sensitive basin” means a sub-basin management unit as identified in Chapter 173-503 WAC or a stream management unit as identified in Chapter 173-505 WAC.

“Group B public water system” means a public water system that meets the Group B public water system definition as stated in Chapter 246-291 WAC.

“Health Officer” means the Health Officer of Skagit County or his authorized representative.

“Individual water system” means a water system serving or proposed to serve a single-family dwelling unit.

“Land division” means an application for land development that proposes to create new lots or additional building sites, including long subdivision, short subdivision, planned unit developments, mobile home parks, and binding site plans.

“MCL” means the maximum contaminant level permissible in water delivered to any individual water system user.

“PDS” means Skagit County Planning and Development Services.

“Plot plan” means a project site drawing depicting:

(a) First and second choice for well location with one hundred (100) foot radius; and

(b) Within one hundred (100) feet of the well:

(i) Property dimensions, easements, related zoning and north indicator arrow,

(ii) Adjoining properties,

(iii) Existing and proposed septic tanks, drainfields and replacement drainfield areas, privies, and wastewater piping,

(iv) Existing and proposed buildings and roads (public and private) with distances,

(v) Lakes, streams, ditches, and swampy areas,

(vi) Slope with direction and percent, and

(vii) Other potential sources of contamination (e.g., underground storage tanks, railroad tracks, etc.)

“Potable” means water suitable for drinking.

“Public water system” means a system providing water for human consumption that is not an individual water system.

“RCW” means the Revised Code of Washington.

“Sanitary survey” means an on-site inspection of an existing public water system, performed by the Health Officer, including, but not limited to, the water source and its suitability for a public water supply, the physical construction of the system, the bacteriological and chemical quality of the water, source and system capacity, and compliance with state and local regulations.

“SCC” means the Skagit County Code.

“SCPHD” means the Skagit County Public Health Department.

“Sensitive area” means an area where drilled wells have been known to have potential quantity or quality problems.

“Spring” means a source of water percolating laterally through permeable material overlying an impermeable stratum or where the land surface intersects the water table.

“USGS” means the United States Geological Survey.

“WAC” means the Washington Administrative Code.

“Water system status report” means a report filed with the Auditor’s Office that provides the status of the water system.

“Water well report” means a record of the construction or alteration of a well which is completed and filed with Ecology in accordance with Chapter 18.104 RCW.

“Well driller” means a person who is licensed by Ecology.

“Well-protection zone” means an area around a well that protects the well from contamination. (Ord. O2007004 (part): Ord. 14063 (part), 1991)

12.48.040 Administration.

(1) The SCPHD will evaluate individual water systems according to this Chapter.

(2) These rules and regulations pertaining to public water systems are administered according to the interagency agreement between the DOH and the SCPHD.

(3) PDS shall not issue any building permit for a structure with plumbing, or land division approvals until the Health Officer has approved the water system.

(4) Fees shall be charged in accordance with the most recently adopted SCPHD schedule of charges or PDS fee schedule. (Ord. O2007004 (part): Ord. 14063 (part), 1991)

12.48.050 Coordinated water system plan (CWSP).

(1) As required in Chapter 246-293 WAC, before a new public system is created, the applicant shall contact existing nearby purveyors to provide service. The service should be both timely and reasonable.

(2) The Health Officer shall inform applicants for individual water systems of nearby approved public water systems.

(3) The CWSP will define service areas.

(4) Design standards in the CWSP shall be compatible with the County’s Comprehensive Plans and/or Zoning Map with consideration given to public health. (Ord. O2007004 (part): Ord. 14063 (part), 1991)

12.48.060 Flow-sensitive basins—Public water system responsibilities, Health Officer duties and exemptions.

(1) Public Water System Responsibilities.

(a) All new public water systems within flow-sensitive basins shall install and maintain water source meters.

(b) All public water systems expanding after April 14, 2001, for areas subject to Chapter 173-503 WAC or after September 26, 2005, for areas subject to Chapter 173-505 WAC shall install and maintain water source meters.

(c) Public water systems that provide water service in flow-sensitive basins established in WAC 173-503-074 and 173-505-090 shall provide an annual report of monthly water use data to the Health Officer.

(2) Health Officer Duties. The Health Officer shall:

(a) Estimate the amount of water used or to be used for development activities established after April 14, 2001, that are located within a flow-sensitive basin defined in WAC 173-503-074 and development activities established after September 26, 2005, that are located within a flow-sensitive basin defined in WAC 173-505-090. Water estimates shall be based on actual meter data for new and expanding public water systems, where available. For individual wells and where meter data are otherwise unavailable, the Health Officer shall assume average daily demand of three hundred fifty (350) gallons per day for each new residential connection, reduced by fifty (50) percent of average daily demand to account for return flows, except to the extent sewage is transported outside the flow-sensitive basin for disposal.

(b) Provide an annual report to the Administrative Official, Ecology and affected Indian tribes of the amount of water remaining for each reservation quantity established in WAC 173-503-074 or the amount of water available established in WAC 173-505-090.

(3) Exemptions. The Health Officer’s estimate of water use developed pursuant to Subsection (2)(a) of this Section shall not include water uses that are otherwise exempt from reservation quantity limits pursuant to Chapters 173-503 or 173-505 WAC. (Ord. O2007004 (part))

12.48.090 Individual well site approval.

(1) Well site approval for an individual water system must be performed by the SCPHD or a licensed well driller. The Health Officer has the option to view the well site prior to drilling. The applicant is responsible for advising the inspecting authority regarding the location of all potential sources of contamination.

(2) Lots with Individual Water Systems.

(a) For lots created before January 1, 1992, individual water systems should have one hundred (100) foot minimum well protection zones.

(i) If the well is located on property not owned by the applicant, the applicant will provide proof of easements and/or covenants to the SCPHD; and

(ii) The well must meet Chapter 173-160 WAC.

(b) For lots created after January 1, 1992, applicants for individual water systems must follow the provisions of SCC 12.48.240.

(c) Single-family residences and private roads are not considered a source of contamination for individual systems. Greater setback distances may be required by the Health Officer based on geological and hydrological data or local water quality trends.

(3) Wells located within the sphere of influence of an underground storage tank will comply with Chapter 173-360 WAC. If it is exempted from the underground storage tank regulations, the SCPHD may require appropriate mitigations. (Ord. O2007004 (part): Ord. 14063 (part), 1991)

12.48.100 Water right permits, surface water diversions and groundwater withdrawal limits.

(1) Groundwater uses are subject to Chapter 90.44 RCW, and surface water uses are subject to Chapter 90.03 RCW.

(2) When a water right permit is required, a water right permit must be issued by Ecology before SCPHD can proceed with a water system evaluation. Water right permit applications and water well reports are not acceptable substitutes. (Ord. O2007004 (part): Ord. 14063 (part), 1991)

12.48.110 Individual water system utilizing drilled wells.

(1) An applicant proposing to rely on an individual water system to provide safe and reliable potable water service shall provide evidence of an adequate water supply by submitting the appropriate documents and meeting the requirements of this section:

(a) Water right permit, if required. Water right permit applications and water well reports are not acceptable substitutes.

(b) If the point of withdrawal for an individual water system is located within a flow-sensitive basin as defined in SCC 12.48.030, the applicant must demonstrate that there are no existing public water systems that are able to provide safe and reliable potable water service in a timely and reasonable manner.

(d) Application with scaled plot plan of the project site.

(e) For properties requiring or containing on-site sewage systems, the SCPHD approved sewage system site evaluation(s) shall be included. Site evaluations or designs shall show location and general boundaries for components of the proposed or existing sewage systems.

(f) A detailed water well report.

(g) The written results of a bailer, air line, or pump test, any of which is performed for a minimum of one hour, verifying a minimum well yield of three hundred fifty (350) gallons per day.

(h) Water quality results, analyzed by a DOH certified laboratory, verifying compliance with minimum standards, including:

(i) Bacteriological satisfactory analysis result for sample collected within the past six months;

(ii) Inorganic chemicals and physical characteristics as listed in Table 1.

Table 1
Inorganic chemical or physical characteristic	MCL (in mg/L unless otherwise stated)
arsenic	0.05
antimony	0.006
barium	2.0
chromium	0.1
fluoride	4.0
mercury	0.002
nitrate	10.0
selenium	0.05
chloride	250
conductivity	700 µmhos/cm
iron	*
lead	*
hardness	*
manganese	*
pH	*
sodium	*
total dissolved solids	*
turbidity	*
*no MCL

(A) Results that are above the maximum contaminant level must be resampled to confirm contamination.

(B) Inorganic testing will be acceptable for five years.

(iii) Such other parameters that the Health Officer deems significant based upon local trends of water quality.

(i) Construction documents or general as-built plans, as required.

(j) Additional information deemed necessary by the Health Officer.

(2) For systems needing water treatment equipment, as determined by the Health Officer, detailed water treatment plans will be reviewed by the SCPHD prior to installation, and raw and finished water will be evaluated for potability.

(3) The SCPHD evaluation will be satisfactorily completed before the applicant connects to the well. If SCPHD finds that a health hazard exists and no remedial treatment is available, an unsatisfactory evaluation will result.

(4) A satisfactory well site evaluation will be valid for five years provided that an updated plot plan demonstrates no potential contamination and that nearby wells drilled after the initial evaluation show adequate quality and quantity.

(5) Connecting an individual water system to another water system or water source without approval is prohibited. (Ord. O2007004 (part): Ord. 15314 (part), 1994; Ord. 14063 (part), 1991)

12.48.120 Group B public water systems.

(1) An applicant proposing to establish a Group B public water system, or alter or expand an existing Group B public water system is subject to the requirements stated in Chapter 246-291 WAC in addition to the conditions listed in this Subsection.

(a) The applicant must submit to the SCPHD for review the complete plans and specifications fully describing the proposed project, together with the appropriate application fee.

(b) Plans must be prepared by a professional engineer licensed in the State of Washington, except as noted in Subsection (c) of this Section.

(c) If a proposed system consists of a simple well and pressure tank with one pressure zone, and does not require treatment or special hydraulic considerations, and will not serve more than six (6) connections, the applicant may design the system if he or she plans to reside at the property to be served by the water system, provided he or she has the expertise to operate the proposed system. If the Health Officer determines that additional engineering expertise is required, a professional engineer shall be required to prepare plans and specifications.

(d) Applicant Requirements. If the applicant prepares the plans and specifications for the water system, the Health Officer must perform a final inspection. It shall be the responsibility of the applicant to schedule one or more inspections so the Health Officer can see the entire completed system, including water lines, valves and any other equipment which is to be buried.

(e) Professional Engineer Requirements. In preparation for final inspection by the Health Officer, the professional engineer designing the water system must complete a final inspection of the system and certify on an SPCHD furnished form that the system conforms to the approved plans and specifications. The Health Officer requires twenty-four (24) hour advance notice for final inspections, and may require the engineer to be present during the inspection.

(2) The Health Officer may inspect any Group B public water system for the purpose of conducting a sanitary survey, determining conformance with plans and specifications or to investigate a complaint about the system.

(3) If after investigation the Health Officer finds that any public water system or person fails to comply with Chapter 246-291 WAC, or with this Chapter, the Health Officer shall send a compliance letter to the purveyor of the Group B public water system or to any individual who connects to an unapproved Group B public water system or one that is not approved for the proper number of connections. This letter shall include the following:

(a) Specification of the areas where the public water system or person fails to meet the requirements of Chapter 246-291 WAC, or of this regulation; and

(b) A compliance schedule, which may include any steps designed to bring the public water system into compliance with Chapter 246-291 WAC, or with this Chapter.

(4) Service of the compliance letter shall be made either personally or by mailing a copy of such compliance letter by certified mail, postage prepaid, return receipt requested. If the address of any such person cannot reasonably be ascertained, then a copy of the notice and order shall be mailed to such person at the address of the location of the violation and a copy shall be posted in a conspicuous location on the premises. The failure of any such person to receive such notice shall not affect the validity of any enforcement proceedings. Service by mail in the manner herein provided shall be effective on the date of mailing.

(5) Failure to adhere to the compliance schedule shall be punishable by a fine established in the SCPHD schedule of charges.

(a) Each violation of this Chapter shall be a separate and distinct offense, and in the case of a continuing violation each day’s continuance shall be a separate and distinct violation.

(b) The fine shall become due and payable within thirty (30) days after receipt of written notice from the Health Officer describing the violation with reasonable particularity and advising such person that the penalty is due.

(6) If a person continues to violate the provisions of this Chapter after being duly informed in writing by the Health Officer that he or she is in violation of these regulations and that he or she shall cease and desist from such violations, the appropriate law enforcement agency shall enforce these provisions.

(7) The Health Officer may make a written request to the Prosecuting Attorney to bring injunctive action against a violator of this Chapter in order to prevent further violation until such time as the violator’s case is processed in the courts through and including any appeals.

(8) If the Health Officer finds evidence indicating that an injunction is violated, the Health Officer shall present evidence to the Prosecuting Attorney and request that contempt proceedings be filed in the court issuing the injunction. (Ord. O2007004 (part): Ord. 14063 (part), 1991)

12.48.210 Group A public water systems.

(1) Applicants for a land division or building permit shall obtain from the proposed public water system purveyor a completed water system evaluation application stating the system’s ability and intention to provide water for the proposed buildings or use(s). The water system must be in substantial compliance with Chapter 246-290 WAC before the PDS permit is issued.

(2) Prior to final approval by the SCPHD and as an alternative to completing installation of a Group A public water system, a land division applicant may provide a performance bond in favor of the SCPHD and sign an agreement with the SCPHD. The bond and agreement shall meet the following conditions:

(a) Guarantee that construction will be completed, including availability of water to each lot, within one year of the date of the approval of the agreement. If the applicant has not completed the water system within this time limit, the Health Officer may use the bond or escrow account referenced in this Subsection to construct the unfinished portions of the water system in accordance with the approved plans and specifications;

(b) The bond shall be on a satisfactory form and in an amount based on an estimate prepared by a professional engineer in conformance with Chapter 246-290 WAC plus thirty-five (35) percent (twenty (20) percent for a two (2) year inflationary period—ten (10) percent for contract expenditure and five (5) percent for administrative costs);

(d) Before the SCPHD can accept the bond, the applicant must:

(i) Install the water source and pump, test the source for yield and submit bacteriologic, inorganic chemical and physical parameter test results, which must meet the water quality standards set forth in Chapter 246-290 WAC; and

(ii) Submit an itemized list of materials with the water system plans;

(e) The purveyor must install any water treatment facilities necessary to bring water quality into compliance with applicable standards before the SCPHD can accept the bond, and must document the treated water quality through testing to be determined by the Health Officer;

(f) The applicant may substitute an escrow impound account for completion of the water system in lieu of a bond if confirmed in writing to the satisfaction of the County. (Ord. O2007004 (part): Ord. 14063 (part), 1991)

12.48.220 Rental housing individual water system requirements.

(1) Landlords must provide adequate and potable water to their renters pursuant to Chapter 59.18 RCW, Residential Landlord Tenant Act.

(2) The water quality and quantity will meet minimum requirements noted in SCC 12.48.110.

(3) In the event that the water supply ceases, the landlord shall:

(a) Provide potable drinking water within twenty-four (24) hours; and

(b) Repair major plumbing fixtures within seventy-two (72) hours (e.g., chlorinator, filters, or other devices that make the water safe); or

(c) Show a documented good faith attempt to meet minimum drinking water standards, subject to approval by the Health Officer.

(4) In the event of a valid complaint, as confirmed by the SPCHD investigation, the rental is to be kept vacant until the drinking water meets the minimum standards unless otherwise provided under Subsection (3)(c) of this Section. (Ord. O2007004 (part): Ord. 14063 (part), 1991)

12.48.230 Water requirements for building permits.

(1) Each applicant for a building permit shall provide evidence of an adequate water supply for the intended use of the building as provided under this Chapter.

(2) Unless exempted by SCC 12.48.020(3), a building permit application to PDS for a new building or change of use of an existing building which will require potable water must include a satisfactory evaluation by SCPHD declaring that an individual water system or a public water system will serve the building(s) specified in the permit application.

(3) Final inspection and occupancy approval for any structure will be withheld until legal connection to the required water system has been demonstrated to, and approved by, the jurisdictional authority.

(4) Boundary line adjustments for lots served by existing or proposed individual water systems must be reviewed and approved by the SCPHD. Applicant must demonstrate that all well protection zones can be maintained and will not be diminished in size. (Ord. O2007004 (part): Ord. 14063 (part), 1991)

12.48.240 Water requirements for land divisions.

(1) Each applicant for approval of a land division must provide evidence of an adequate water supply for the land division as provided under this Chapter. Land division applications to PDS must include:

(a) A satisfactory evaluation by the SCPHD declaring that a public water system will serve the land division; or satisfactory evaluation(s) of the existing individual water system(s) as required in SCC 12.48.110.

(b) If the land is not in a sensitive area and the applicant chooses to submit the land division application without the completed individual water system evaluation(s), the applicant is required to follow the following procedure:

(i) Step one is a SCPHD aquifer assessment with field visit which is to be completed prior to the submission of the PDS application. The applicant will sign and have notarized a disclaimer which acknowledges that the land division will not be approved until the SCPHD satisfactorily evaluates the individual water system(s). Depending on the aquifer assessment information submitted, the SCPHD will conclude one of the following:

(A) The development appears to be within or near a sensitive area and each lot must have a satisfactorily evaluated water system.

(B) The development appears to be in an area which has an adequate potable water supply, requiring only one of every four (4) lots in the proposed development to obtain a satisfactorily evaluated individual water system. Well locations must be representative of the geology and topography of the development and approved by the SCPHD. If any of the representative wells result in an unsatisfactory evaluation, SCPHD will declare all lots in the development to be within a sensitive area per SCC 12.48.260.

(C) If sufficient hydrogeological information is not available to make an assessment, the PDS shall not approve the land division application. Additional hydrogeological information will be requested by the SCPHD and may include additional wells with pump test data.

(ii) Step two is the appropriate evaluation(s) which is to be completed prior to the land division approval.

(2) Requests to the PDS for final land division approval must include:

(a) Evidence that all lots have been stubbed at the property line or that buildings have been connected. Appropriate bonding will also be acceptable.

(b) Evidence that the SCPHD has confirmed compliance with Subsection (4) of this Section.

(3) All final plats will have notes that describe the approved public water system. If the water is to be supplied from individual water systems, the following statement shall be shown on the final plat:

Water will be supplied from individual water systems. Contact Skagit County Health Department to determine if additional water quality or quantity testing will be required for building permit approvals.

(4) All land division applicants proposing lots of less than five (5) acres in size must show well protection zone(s) and approved on-site sewage system area(s) on all preliminary and final plat maps.

(5) The one hundred (100) foot radius well protection zone for individual water systems must be located entirely on the proposed lot owned in fee simple, or the owner must have the right to exercise complete sanitary control of the land within the required well protection zone through other legal provisions, such as recorded covenants or easements. (Ord. O2007004 (part): Ord. 14063 (part), 1991)

12.48.250 Individual water systems utilizing alternative sources.

(1) The Skagit County Public Health Department discourages alternative sources. Before an alternative source will be allowed by SCPHD, the applicant will be required to:

(a) Provide written documentation why either an approved public drinking water system or a drilled well cannot be utilized; and

(b) Follow appropriate regulations or guidance documents (DOH, Ecology or U.S. Environmental Protection Agency) and provide construction documents, when required; and

(d) Obtain the SCPHD plan approval before construction begins; and

(e) Collect the water in a drainable covered structure not vulnerable to contamination by surface water; and

(f) Consider surface sources as the last option; and

(g) Provide evidence of legal rights and utility access for well protection control if the source is off-site.

(2) If an alternative source is approved, the applicant and/or property owner shall:

(a) Submit quarterly quality and quantity data on a schedule determined by the SCPHD throughout the year; and

(b) Provide minimum treatment via disinfection and filtration by a method approved by the Health Officer unless sufficient evidence is submitted to the Health Officer showing that the source does not require such treatment. If treatment is used, raw and finished water quality will be evaluated. (Ord. O2007004 (part): Ord. 14063 (part), 1991)

12.48.260 Sensitive areas.

(1) SCPHD may require more extensive testing if a proposed well, or a well nearby the proposed well, is in an area where water quantity or quality is poor (e.g., seawater intrusion).

(2) Following DOH and Ecology protocol, SCPHD may require well head source meters for some water systems. (Ord. O2007004 (part): Ord. 14063 (part), 1991)

12.48.270 Water system status report.

(1) A water system status report will be on a form approved by the Health Officer and properly filed with the Auditor’s Office under the following circumstances:

(a) Quality. The water source contaminants exceed MCL standards, but can be reduced by treatment to the MCL standard or below; or

(b) Quantity. The well produces less than three hundred fifty (350) gallons per day; or

(d) The evaluation is unsatisfactory.

(2) If a water system status report is filed for a water system, the system shall not be used for the creation of new lots. (Ord. O2007004 (part): Ord. 14063 (part), 1991)

12.48.280 Waivers and variances.

(1) The Health Officer may upon written petition by the applicant, and upon concurrence of the BOH, waive such rule or regulation or portion thereof; provided, that the waiver is consistent with the intent of these rules and regulations, Chapters 173-160, 246-290 and 246-291 WAC, and that no public health hazard will result. A written response will be made within ten (10) working days of receipt of the petition.

(2) In the event the regulation to be waived is also a state law or regulation, the concurrence of the Secretary of the DOH or Department of Ecology must be obtained prior to the granting of the waiver.

(3) Well site variances for individual water systems will be processed by Ecology following Chapter 173-160 WAC. Copies of their written approval must be submitted as part of the application. (Ord. O2007004 (part): Ord. 14063 (part), 1991)

12.48.290 Appeals.

(1) Persons aggrieved by a notice of violation, order, fine or assessed costs issued pursuant to this Chapter may request a hearing with the Health Officer for the purpose of disputing or requesting a stay or modification of such notice, order, fine or assessed costs.

(2) A request for hearing before the Health Officer shall be made in writing and served to the Health Officer within ten (10) working days of the serving of the notice, order, fine or assessed costs. The request shall be made by fully completing and submitting a request for hearing form supplied by SCPHD.

(3) The Health Officer shall hold a hearing not less than twenty (20) days nor more than thirty (30) days from the serving of the notice, order, fine or assessed costs unless mutually agreed upon in writing by the Health Officer and person requesting the appeal.

(4) Notice of the hearing shall be given the person requesting the appeal and the property owner, if different from the person requesting the appeal, via personal service at least three (3) days prior to the hearing date or via certified mail at least ten (10) days prior to the hearing date.

(5) Upon holding the hearing requested, the Health Officer shall provide written notice of intent sustaining the order, fine or assessed costs within five (5) working days of the hearing. Notice shall be served personally or via certified mail to the person requesting the appeal and property owner, if different than the person requesting the appeal.

(6) The aggrieved party may make a written request to appeal the Health Officer’s decision to the BOH within ten (10) working days of the date the decision is issued. The request for appeal must meet the requirements of Subsection (2) of this Section. The BOH will hear the request for appeal within sixty (60) days of receipt of the application to appeal the Health Officer’s decision.

(a) A fee in the amount listed in the most current Skagit County Health Department schedule of charges is due and payable when an appeal of the Health Officer’s decision is made to the BOH.

(7) Following the issuance of the BOH’s written decision, an aggrieved person may file a writ of certiorari in a court of competent jurisdiction to appeal such decision within thirty (30) days of the issuance of such decision.

(8) The filing of a request for hearing or appeal pursuant to this Section shall operate as a stay from the requirement to perform corrective action ordered by the Health Officer, except when:

(a) The requirement for immediate compliance is issued as an emergency order; or

(b) When an imminent public health threat exists. (Ord. O2007004 (part): Ord. 14063 (part), 1991)

12.48.300 Severability.

Provisions of these rules and regulations are hereby declared to be separable, and if any section, subsection, sentence, clause, phrase, or portion of these rules and regulations is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of these rules and regulations. (Ord. O2007004 (part): Ord. 14063 (part), 1991)

12.48.310 Liability.

(1) Nothing in this Chapter or the rules adopted under this Chapter creates or forms the basis for any liability on the part of the State and local health jurisdictions, or their officers, employees, or agents, for any injury or damage resulting from the failure of the owner or operator of any water system to comply with this Chapter or the rules adopted under this Chapter; or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this Chapter or the rules adopted under this Chapter on the part of the State and local health jurisdictions, or by their officers, employees, or agents;

(2) All actions of local Health Officers and the secretary shall be deemed an exercise of the State’s police power. The Health Officer’s responsibility includes reviewing data provided by the applicant. The applicant bears any liability for compliance with all statutes, codes and regulations. (Ord. O2007004 (part): Ord. 14063 (part), 1991)

12.48.320 Effective date.

This chapter shall be in full force and effect June 14, 2007, after its passage and approval as provided by law. (Ord. O2007004 (part): Ord. 14063 (part), 1991)