Chapter 8.68
WELL AND WATER SYSTEMS
Sections:
8.68.030 Two connections with an elimination from state rule.
8.68.050 Bed and breakfast facilities.
8.68.060 Two connections without an elimination from state rule.
8.68.070 Group B water systems.
8.68.090 “Staged” or “phased” developments.
8.68.100 Water well locations and construction standards.
8.68.010 Authority.
A. The Group B Public Water Systems Standards—Chapter 246-291 WAC, effective November 4, 1995, are adopted by reference as the well construction and small public water system code of Skamania County as the same may now exist or hereafter be amended. Any subsequent amendment to Chapter 246-291 WAC shall be considered to have been incorporated into this chapter without the need for further amendment.
B. The Minimum Standards for Construction and Maintenance of Wells—Chapter 173-160 WAC, effective April 23, 1998, and the Regulation and Licensing of Well Contractors and Operators Chapter 173-162 WAC, effective March 23, 1998 are adopted by reference as part of the well construction and small public water system code of Skamania County as the same may now exist or hereafter be amended. Any subsequent amendment to Chapter 173-160 WAC or Chapter 173-162 WAC shall be considered to have been incorporated into this chapter without the need for further amendment. (Ord. 2007-03 (part))
8.68.020 Purpose.
To establish standards and procedures for installing a well or creating a small public water (Group B) system within Skamania County. (Ord. 2007-03 (part))
8.68.030 Two connections with an elimination from state rule.
A. For a two-connection (shared) well for two separate lots, an elimination from most of the Group B regulations is granted, if both of the following conditions are met:
1. The two lots must be pre-existing, legal lots of record; and
2. Each of the two connections is for a single-family residence.
B. For a two-connection (shared) well for two separate residences located on one lot, an elimination from most of the Group B regulations is granted, if both of the following conditions are met:
1. The lot must be a pre-existing, legal lot of record; and
2. Each of the two connections are for a single-family residence.
C. If the county short plat process is used to divide a single lot into two lots, and each of the two proposed new lots are two acres or larger in size, then the two connections with an elimination from state rule will apply.
D. The reduced Group B requirements will consist of the following:
1. A Department of Ecology (DOE) issued water right certificate is required if the water source is not a well (See Section 8.68.080(B) for water source explanation);
2. Well log or acceptable equivalent showing sufficient gallons per minute (gpm);
3. Normal initial water quality tests (satisfactory bacteria, nitrate and arsenic as tested by Skamania County health department for private wells);
4. A restrictive covenant must be filed on the title for each of the two lots, as a permanent encumbrance to the title and to the land, binding to both parties, identifying the well site, a one hundred foot radius sanitary control area, and prohibiting potentially contaminating activities or structures within this sanitary control area (See Section 8.68.070(K)) for the restrictive covenant language);
5. A ten-foot minimum easement must be filed on the title for each of the two lots, as a permanent encumbrance to the title and to the land, binding to both parties which accurately identifies the source, complete distribution system and components across the lot lines and grants permanent access to these areas for future maintenance purposes.
E. Testing once each year for bacteria and testing every three years for nitrates is strongly encouraged, but is not required, as an additional elimination from Group B regulations. (Ord. 2007-03 (part))
8.68.040 Medical hardships.
A. A hardship condition is defined by the Skamania County health department as:
1. A medical condition which requires close family care from immediate family members;
2. A written doctor’s statement identifying the required care is required;
3. A second, temporary residence (mobile home) is located on the same lot, sharing the same drainfield and the same well/water source;
4. A special permit is issued by the Skamania County health department, based on the documented medical need, to share the drainfield and the well;
5. This special permit is issued for a period of two years and is reviewed and renewable every two years, until the medical condition changes and the second, temporary mobile home is no longer required;
6. Once the medical condition ceases, the second temporary mobile home must be disconnected from the drainfield and from the well and removed from the property within ninety days.
B. An individual or family which meets the medical hardship criteria will be allowed to eliminate most of Group B requirements.
C. In the event that a surface water source is being used (See Section 8.68.080(B)) for water source explanation) prior to the hardship application, the water right issue will not be a basis for refusal. No water right is required for a hardship.
D. The reduced Group B requirements for a medical hardship will consist of the following:
1. Well log or acceptable equivalent showing sufficient gallons per minute (gpm); and
2. Normal water quality test is required (satisfactory bacteria, nitrate and arsenic as tested by Skamania County health department for private wells).
E. Testing once each year for bacteria and testing every three years for nitrates is strongly encouraged, but is not required, as an additional elimination from Group B regulations. (Ord. 2007-03 (part))
8.68.050 Bed and breakfast facilities.
A. A bed and breakfast facility is permitted as a food establishment by the Skamania County health department. As a permitted food establishment, the water source is also subject to regulations in order to protect the health of the patrons by ensuring safe and reliable drinking water. Elimination from most of the Group B regulations is granted.
B. The reduced Group B requirements will consist of the following:
1. Well log or acceptable equivalent showing sufficient gallons per minute (gpm);
2. Normal initial water quality tests (satisfactory bacteria, nitrate and arsenic as tested by Skamania County health department for private wells);
3. A totalizing water meter must be installed as close to the water source as possible in a manner that accurately measures the complete usage;
4. Testing required annually for bacteria and every three years for nitrates;
5. Water quality test results must be kept as a permanent record, and must be made available to the Skamania County health department as a condition of renewal of the annual food establishment permit. (Ord. 2007-03 (part))
8.68.060 Two connections without an elimination from state rule.
A. If the county short plat process is used to divide a single lot into two lots, and at least one of the proposed new lots is less than two acres in size, then the two connections with an elimination from state rule will not apply and the developer or property owner must comply with the Group B water system conditions as set below.
B. If a lot-line adjustment is planned, such that the smaller lot is less than two acres in size, then the two connections with an elimination from state rule will not apply and the developer or property owner must comply with the Group B water system conditions as set below.
C. If a two-connection (shared) well is proposed for a development and at least one of these connections is for a multi-unit residence or other commercial-type facility, then the two connections with an elimination from state rule will not apply and the developer or property owner must comply with the Group B water system conditions as set below. (Ord. 2007-03 (part))
8.68.070 Group B water systems.
A. Chapter 246-291 WAC sets forth standards for creating and maintaining small public water systems, currently known as Group B public water systems.
B. Washington State Department of Health (DOH), office of drinking water (ODW), has the authority to set and update as needed all design standards and guidance documents governing small public water systems.
C. All development within Skamania County that does not meet the elimination conditions as set forth above must fully comply with Chapter 246-291 WAC and to the Skamania County well and Group B small public water system ordinance as contained herein.
D. The Skamania County health department is the responsible agency and has the authority for reviewing and approving or denying new Group B water systems and changes to existing Group B water systems within Skamania County.
E. All water system components (well, pump, totalizing meter, pressure tanks, storage tanks, valves, electrical controls, etc.) must be installed, functional and approved. Bonding is not allowed.
F. A totalizing water meter (either cubic feet or gallons) must be installed as close to the water source as possible in a manner that accurately measures the complete usage.
G. If the short plat or subdivision includes a private road for access to the lots, the water distribution system must be fully installed such that there is a service connection to the property line of each proposed new lot.
H. The distribution system and each service connection shall be properly sized according to Uniform Plumbing Code and/or other applicable plumbing standards.
I. For each of the proposed lots, the service line supplying potable water to the lot shall include a gate valve or ball valve, followed by a one-way check valve, followed with a length of pipe at least twelve inches long and securely capped. All components must be buried a minimum of eighteen inches to avoid freezing. The shut-off valve (gate or ball) shall be located within a valve box accessible by a removable lid for exercising the valve and maintenance. The valve box shall be installed such that the top is flush to the final grade. The purpose of the shut-off valve, one way check valve and length of pipe is to allow each property owner to make a connection to their residence in a manner that isolates their property connection and plumbing work without placing the rest of the distribution system at risk.
J. The water system covenant, or CC&R, or water users agreement (whichever shall apply) shall include protective restrictions within the wellhead protection area (also known as the sanitary control area or SCA), shall be filed with the short plat or subdivision and be included as a permanent encumbrance on the title and on the land, binding to all parties, for each proposed new lot being serviced by the water system.
K. The water system covenant or CC&R, or water users agreement (whichever shall apply), shall include language that clearly restricts any and all of the following potential sources of contamination within the one hundred-foot radius wellhead protection area (also known as the sanitary control area or SCA):
1. Septic tanks and drainfields;
2. Sewer lines;
3. Underground storage tanks;
4. Above-ground fuel storage tanks;
5. Roads;
6. Vehicles and/or vehicle parking activities;
7. Barns;
8. Maintenance shops for vehicle or motor repair activities;
9. Feed stations;
10. Domestic grazing animals;
11. Enclosures for maintaining fowl or animal manure;
12. Liquid or dry chemical storage;
13. Herbicides (other than routine weed control carefully applied in accordance with manufactures directions);
14. Insecticides;
15. Hazardous waste;
16. Garbage of any kind or description.
L. The well and wellhead protection area (also known as the sanitary control area or SCA) and associated easements for the distribution system must be fully contained within the short plat or subdivision and shall not extend past the boundary of the proposed new development.
M. The well and surrounding wellhead protection area (also known as the sanitary control area or SCA) shall consist of the required one hundred-foot radius. This area shall not be included in the “buildable” lot size, i.e., a proposed new parcel must be sized such that a new proposed lot which contains the water-system well or a portion of the SCA will actually be sized for the minimum acceptable lot size plus the portion of the SCA that lies within the proposed lot lines.
N. The minimum water quality testing requirements for all Group B water systems within Skamania County shall be annual for bacteria and every three years for nitrates. Some Group B water systems may be required to have additional testing, as determined by the Skamania County health department or by the State Department of Health, Office of Drinking Water. (Ord. 2007-03 (part))
8.68.080 Water rights.
A. In addition to the Group B standards as set by Chapter 246-291 WAC and in addition to the design and guidance documents of Washington State Department of Health, Office of Drinking Water, water system requirements will consist of the following:
B. A Department of Ecology (DOE) issued water right (certificate, deed, claim, or equivalent) is required for all water sources not meeting the definition of a well. A water source not meeting the definition of a well is defined as a surface water source and includes springs, creeks, rivers, ponds, lakes or equivalent.
C. Without a DOE issued water right (certificate, deed, claim, or equivalent), a maximum of six, single-family residential water service connections or the combined equivalent is allowed.
D. A DOE issued water right (certificate, deed, claim, or equivalent) is required for a well if more than six, single-family residential water service connections or the combined equivalent is desired.
E. A DOE issued water right (certificate, deed, claim, or equivalent) is required for a well for any conditions in which more than five thousand gallons per day peak use is anticipated.
F. If a DOE issued water right (certificate, deed, claim, or equivalent) is required, the water right must be fully obtained from the state DOE, with a hard copy of the actual certificate included in the Group B water system application submitted to the Skamania County health department.
G. In the event that DOE adopts a new or revised written rule (WAC) or written guidance document regarding a change in the number of single-family connections considered “exempt” from a (DOE) water right, the Skamania County health department will likewise follow this new DOE rule or written policy accordingly for all future short plat and subdivision development. (Ord. 2007-03 (part))
8.68.090 “Staged” or “phased” developments.
A. For the purposes of the water system servicing a short plat or subdivision, a “staged” or “phased” development shall be defined as the intent by a property owner or developer to short plat or subdivide a large parcel in multiple smaller lots, leaving a single large lot for creating more lots (within the remaining large lot) at a future time.
B. For future “staged” or “phased” development of property, the new well and wellhead protection area (also known as the sanitary control area or SCA), and water system must be fully contained within the new short plat or subdivision and shall not extend past the boundary of the proposed new development.
C. An existing well, wellhead protection area or SCA, and water distribution system shall not be impacted by future “staged” or “phased” activities or roads or property lines.
D. No portion of a new or proposed short plat or subdivision, land development activities, roads, lot lines or easements due to future land development activities shall encroach into the pre-existing wellhead protection or SCA or water distribution system easements of a prior approved development.
E. Short plat or subdivision land development which requires a new Group B water system to service the proposed new development will be reviewed for water availability. This proposed water system may be denied due to water availability issues, as determined by Skamania County or state agencies. In the event of a denial for a Group B water system based on water availability, further land development (breaking-out or creating additional lots) will also be denied.
F. In the event that DOE issues a new written rule (WAC) or written guidance document regarding a change in “staged” or “phased” development, effectively changing the current standard practice of five-year time increments between subsequent short plats or subdivisions, the Skamania County health department will likewise follow this new DOE rule or written policy for all future short plat and subdivision development. (Ord. 2007-03 (part))
8.68.100 Water well locations and construction standards.
A. Chapter 173-160 WAC sets forth Minimum Standards for the Construction and Maintenance of Wells and for decommissioning old wells.
B. Chapter 173-162 WAC sets forth Regulation and Licensing of Well Contractors and Operators.
C. Washington State Department of Ecology (DOE) has the authority to set, and update as needed, all rules and regulations, including design standards and guidance documents governing water wells, well drillers and well drilling activities.
D. All land development within Skamania County that includes new water wells or decommissioning existing wells must meet all applicable Chapter 173-160 WAC Minimum Standards for the Construction and Maintenance of Wells. Any subsequent amendments to Chapter 173-160 WAC shall be considered to have been incorporated into this chapter without the need for further amendment.
E. All individuals or companies drilling new wells or decommissioning existing wells within Skamania County must meet all applicable Chapter 173-162 WAC Regulations and Licensing of Well Contractors and Operators. Any subsequent amendments to Chapter 173-162 WAC shall be considered to have been incorporated into this chapter without the need for further amendment.
F. All land development within Skamania County that includes decommissioning an existing well or wells must meet the following conditions:
1. All decommissioning activities must be completed by a licensed driller.
2. For a short plat or a subdivision, the final mylar must clearly identify the well or wells that are decommissioned as part of the short plat or subdivision approval process.
3. For a short plat or a subdivision, the final mylar must clearly identify a ten-foot radius around each decommissioned well, identifying this as the wellhead protection area (also known as the sanitary control area or SCA).
4. All decommissioning activities must be fully completed and documentation (See subsection (F)(6) below) supplied to Skamania County health department prior to final short plat or subdivision approval and filing.
5. A private landowner who has a well decommissioned on their land must:
a. File a notice to title within thirty days following a decommissioning.
b. Notice to title must be a permanent encumbrance to the title and to the land.
c. Notice to title must clearly identifying the location of the decommissioned well site within an accuracy of two feet.
d. Notice to title shall clearly mention a ten-foot radius around the decommissioned well and identify this as a permanent wellhead protection area (also known as the sanitary control area or SCA).
e. Deliver a copy of the notice to title and the decommissioning documentation (See subsection (F)(6) below) to Skamania County health department within thirty days.
6. For each decommissioned well, documentation must be submitted to the Skamania County health department and shall include a report or receipt from the licensed well driller clearly identifying the notice of intent (start card) submitted to DOE, the procedures followed and the quantity of materials (cement, bentonite, etc.) used to decommission it.
G. All new wells must be located outside the water resource or riparian buffer as defined by the Skamania County Critical Areas Code.
H. A waiver from the Skamania County Critical Areas Code for the purpose of developing a specific lot shall also imply a waiver for locating the well inside the normal buffer setback. However, at no time may a well be located closer to the ordinary high water line than the reduced and approved shorelines setback. (Ord. 2007-03 (part))
8.68.110 Violation—Penalty.
Any person, firm or corporation violating or failing to comply with the provisions of this chapter shall be deemed guilty of an infraction and upon conviction, shall be subject to a fine of up to one hundred dollars. Each day a violation of this chapter continues shall be considered a separate offense. (Ord. 2007-03 (part))
8.68.120 Severability clause.
If any provisions of this regulation or its application to any person or circumstance is declared unconstitutional or invalid for any reason, such declaration shall not affect the validity of the remainder of the regulation or its application. (Ord. 2007-03 (part))