Chapter 24.11
DRINKING WATER
Sections:
24.11.030 Adoption by reference.
24.11.050 General requirements.
24.11.060 Water availability required.
24.11.200 Public water supplies.
24.11.210 Water source disclosure requirements for real property sales.
24.11.010 Authority.
The director shall administer this chapter under the authority and requirements of Chapters 64.06, 70.05, 70.54, 70.116, and 90.44 RCW and Chapters 173-160, 246-290 and 246-291 WAC. The director may charge fees for this administration as allowed in Chapter 70.05 RCW. (Ord. 2002-024).
24.11.020 Purpose.
The Whatcom County board of health enacted this chapter to minimize the risks to human health by promoting safe drinking water and to establish minimum:
A. Standards for siting, design, and protection of drinking water sources.
B. Standards for construction of drinking water sources, storage, treatment and distribution systems.
C. Standards for operation and maintenance of drinking water systems.
D. Requirements for drinking water source disclosure information for developed property sales. (Ord. 2002-024).
24.11.030 Adoption by reference.
A. Whatcom County hereby adopts Chapter 246-290 WAC, Group A Public Water Systems, and Chapter 246-291 WAC, Group B Public Water Systems. If a conflict arises between Chapter 246-290 WAC and this chapter as amended or between Chapter 246-291 WAC and this chapter as amended, the more restrictive regulation shall prevail. Whatcom County will automatically incorporate any subsequent amendments to Chapters 246-290 or 246-291 WAC into this chapter.
B. Whatcom County hereby adopts Chapter 173-160 WAC, Minimum Standards for Construction and Maintenance of Wells. If a conflict arises between Chapter 173-160 WAC and this chapter as amended, the more restrictive regulation shall prevail. Whatcom County will automatically incorporate any subsequent amendments to Chapter 173-160 WAC into these regulations. (Ord. 2002-024).
24.11.040 Definitions.
The following definitions together with the definitions in Chapters 173-160, 246-290 and 246-291 WAC shall apply:
1. “Adequate” means meets the applicable standards contained in these regulations.
2. “Applicant” means an individual, trust, firm, joint stock company, corporation, partnership, association, state, county commission, political subdivision of a state, and interstate body or the federal government or an agency of the federal government requesting director approval of evidence of adequate water.
3. “Approved” means a written statement of acceptability, in terms of the requirements in this chapter, issued by the director or the department.
4. “Area of known groundwater contamination” means an area of regional groundwater contamination with defined boundaries that has been identified by the director and confirmed by the board of health.
5. “Authorized agent” means any person who:
a. Makes decisions regarding the operation and management of a public water system whether or not he or she is engaged in physical operation of the system; or
b. Makes decisions whether to improve, expand, purchase or sell the system; or
c. Has discretion over the finances of the system.
6. “Consolidated formation” means any geological formation in which the earth materials have become firm and cohesive through natural rock formation processes. Such rocks commonly found in Washington include basalt, granite, sandstone, shale, conglomerate and limestone. An uncased bore hole will normally remain open in these formations.
7. “Contaminant” means any substance present in drinking water which may adversely affect the health of the consumer.
8. “Contaminated groundwater” means water containing a primary inorganic or organic substance that may adversely affect the health of the consumer.
9. “Declaration of covenant” means a written promise, agreement, or restriction. When applied to a water system, a covenant is a recorded agreement which states that certain activities and/or practices will not be allowed to occur near a particular water source. A declaration of covenant is used when the applicant owns property within the sanitary control area.
10. “Department” means the Whatcom County health and humans services department.
11. “Developed property” means a parcel of land containing at least one building.
12. “Director” means the director of Whatcom County health and human services, or a representative authorized by the director.
13. “Dry season” means the time period beginning August 1st and ending September 30th of any given year.
14. “Joint plan of operation” means an agreement between Whatcom County health and human services and Washington State Department of Health described in WAC 246-291-030.
15. “Non Group B two party well or water supply” means a water system using one well to serve two single-family residences for which the director has waived all public water supply development and monitoring standards found in WAC 246-291-030.
16. “Peak household flow” means four gallons of water per minute for at least 60 minutes.
17. “Potential source of contamination” means any cesspool, sewer, privy, septic tank, drainfield, manure pile, manure lagoon, garbage of any kind or description, barn, chicken house, rabbit hutch, pigpen, or other enclosure or structure for the keeping of fowl or animal, or storage of liquid or dry chemical, herbicide or pesticide, or any other item that may have the potential for adversely affecting the quality of the water.
18. “Private water supply” means any water system constructed or proposed to serve one single-family residence.
19. “Public water system” means any system providing piped water for consumption, excluding a system serving only one single-family residence and any system with four or fewer connections serving only residences on the same farm.
20. “Purveyor” means an agency or subdivision of the state or a 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 agent of such entities.
21. “Restrictive covenant” means a written promise, agreement, or restriction. When applied to a water system, a restrictive covenant is a recorded agreement which states that certain activities and/or practices will not be allowed to occur near a particular water source. A restrictive covenant is used when the applicant does not own or control all the land inside the sanitary control area.
22. “Sanitary control area” means a defined area around a well where certain activities and or practices are not allowed.
23. “Satisfactory results” means the level of any specified contaminant except arsenic, does not exceed the maximum contaminant level (MCL) listed in WAC 246-290-310, and for arsenic, the level does not exceed 10 parts per billion (10µg/L).
24. “Service” means a connection to a public water system designed to serve a single-family residence, dwelling unit, or equivalent use. When the connection serves a group home or barracks-type accommodation, two and one-half persons shall be equivalent to one service.
25. “Single-family dwelling” means one residential structure.
26. “Single-family living unit” means a single apartment unit or a single condominium unit.
27. “Spring” means a source of water where an aquifer comes in contact with the ground surface and where water is discharged to the ground surface.
28. “Surface water” means a body of water open to the atmosphere and subject to surface runoff, excluding sea water.
29. “Unconsolidated formation” means any naturally occurring, loosely cemented, or poorly consolidated earth material including such material as uncompacted gravel, sand, silt and clay.
30. “Water availability” means the applicant has access to an adequate supply of safe drinking water which meets the intent of the Growth Management Act of 1990, as amended, and other requirements for the provision of a safe and adequate water supply.
31. “Water source” means any well, spring, or surface body of water used for the purpose of supplying water.
32. “Water system” means any combination of water source, collection, treatment, storage, and piping which supplies drinking water for human consumption. The director has the authority to interchange the terms “water system” and “water supply.”
33. “Well” means any excavation intended for locating, diverting, artificial recharging, observing, monitoring, dewatering, or withdrawing groundwater. (Ord. 2002-024).
24.11.050 General requirements.
A. Applicants must submit all required forms, letters, and documents to the director.
B. The director will consider applications for water availability proposing to use ground water, spring water, surface water, sea water or rainwater.
C. The director shall evaluate the availability of a public water system prior to approving the use of a private water system. If it is determined that a public water system is available and willing to provide water, the applicant must connect to that public water system when:
1. The applicant proposes to use surface water, spring water, rainwater, or contaminated ground water; or
2. The applicant proposes to build on a lot located in a short subdivision or long subdivision that Whatcom County approved based on the availability of public water; or
3. The existing public water system has water lines adjacent to the property line of the applicant and connection is consistent with RCW 36.70A.110(4); or
4. The existing public water system has defined a “service area boundary” in accordance with the Whatcom County Coordinated Water System Plan which includes the property of the applicant.
D. The director will only approve a private or Non Group B two-party well for proposed short subdivisions or long subdivisions when analytical results of untreated water samples for primary inorganic or organic contaminants do not exceed a maximum contaminate level (MCL) adopted by Washington State Department of Health.
E. Purveyors of public water systems and private water system applicants must comply with Washington State Department of Ecology water right requirements and must demonstrate that they have an adequate water supply for their proposed service per WCC 24.11.060. Compliance will include, at a minimum, possession of a water right permit or certificate for:
1. All surface water sources excluding sea water.
2. All ground water sources using more than 5,000 gallons per day.
3. Irrigating more than one-half acre of lawn or noncommercial garden. (Ord. 2018-020 Exh. A; Ord. 2013-028 § 2 Exh. B; Ord. 2002-024).
24.11.060 Water availability required.
A. Prior to issuance of a building or other project permit, and unless exempt pursuant to subsection C of this section, the applicant must provide Whatcom County planning and development services evidence of adequate water supply as documented by a water availability notification signed by the director of the Whatcom County health department. The water availability notification shall document a supply of potable water adequate to serve a land use associated with a project permit in terms of quality, quantity, and legal availability.
B. The applicant must provide evidence of legal availability in the form of:
1. A water right permit from the Department of Ecology; or
2. A letter from an approved public water purveyor with sufficient water rights, stating the ability to provide water; or
3. Evidence that a permit-exempt groundwater withdrawal (authorized under RCW 90.44.050) is associated with a well constructed (in accordance with the provisions of Chapter 18.104 RCW) prior to January 19, 2018; or
4. Evidence that water can be supplied by a rainwater catchment system approved by the Whatcom County health department, per Department of Ecology Policy 1017; or
5. If the well site is located in WRIA 3 (Lower Skagit-Samish), evidence that water for domestic use will be supplied by a new withdrawal exempt from permitting under RCW 90.44.050.
6. If the well site is located in WRIA 4 (Upper Skagit), evidence that the requirements of Chapter 173-503 WAC have been met.
7. If the well site is located in WRIA 1 (Nooksack), the applicant may obtain approval for a withdrawal exempt from permitting pursuant to RCW 90.44.050 under the following conditions:
a. Water for domestic uses shall be subject to a maximum annual average withdrawal of 3,000 gallons per day per connection;
b. The applicant shall record with the property title any relevant restrictions or limitations associated with water supply; and
c. The applicant shall pay to the permitting authority any applicable fees for each project permit.
C. A water availability notification is not required for:
1. A project permit that does not require potable water.
2. A project permit relying on either a permit-exempt groundwater withdrawal per RCW 90.44.050 or a surface water withdrawal for potable water for (a) a remodel of an existing building or (b) replacement of a demolished or removed building but not proposing a change of use, either of which would increase the floor area by no more than 50 percent over that of the existing building; however, such permits shall require documentation of current water quality and quantity, approved by the director. (Ord. 2018-047 Exh. A; Ord. 2018-020 Exh. A; Ord. 2002-024).
24.11.070 Determining adequacy of water supply for building permit applications proposing to use an existing public water system.
A. Prior to director approval of evidence of an adequate water supply where the applicant proposes to obtain water from an existing public water system the applicant must:
1. Submit to the director an Availability Notification for Public Water form (as amended) signed by an authorized representative of the water system proposing to serve water to the building. The authorized representative:
a. Must indicate on the form that the water system will provide water to the proposed building.
b. Must sign a statement that they have reviewed the system records and ensures that the water system complies with Chapters 246-290 and 246-291 WAC and department requirements.
B. The director will review the completed Availability Notification for Public Water (form) for approval. The director will approve the completed form if:
1. The applicant and the authorized representative met all the criteria listed on the form.
2. The purveyor of the water system has the approval from department of health or the department to provide water to the building.
3. The applicant has provided evidence of legal availability of water for the proposed project per WCC 24.11.060. (Ord. 2018-020 Exh. A; Ord. 2002-024).
24.11.080 Determining adequacy of water supply for building permit applications proposing to create a new public water system.
Prior to director approval of evidence of an adequate water supply, an applicant proposing to create a new public water system must comply with:
A. Provisions of the Whatcom County Coordinated Water System Plan.
B. Chapters 246-290 and 246-291 WAC, and all other applicable local and state regulations for public water supplies.
C. The applicable sections of this chapter pertaining to public water supplies and water availability. (Ord. 2018-020 Exh. A; Ord. 2002-024).
24.11.090 Determining adequacy of water supply for building permit applications proposing to use a well to serve one single-family dwelling or one single-family living unit.
A. Prior to director approval of evidence of an adequate water supply where the applicant proposes to use a private well, the applicant must:
1. Notify the director of the intent to use a well.
2. Request that the director conduct a site inspection and approve the proposed well site.
B. Upon request from the applicant, the director will conduct a site inspection for the purpose of approving the location. If the director cannot approve a well location the director will deny the application and give the reasons for denial.
C. If the director approves the well location the applicant shall submit a completed Water Availability Notification Private – 1 Home Well form (as amended) and all required documents to the director for approval.
D. The director will review the completed form and required documents submitted by the applicant for approval. The director will approve the form if:
1. The applicant met all the criteria listed on the form.
2. The applicant submitted all of the required documents.
3. The applicant has provided evidence of legal availability of water for the proposed project per WCC 24.11.060.
4. The well construction and well site proposed by the applicant meets the requirements listed in Chapter 173-160 WAC. Except, siting requirements for private wells relating to roads and property lines do not apply to wells drilled prior to October 10, 1990, when:
a. The applicant provides a well log documenting the well drilling date.
b. The director determines the existing well site does not threaten public health.
5. The well site proposed by the applicant meets the following minimum setback requirements except as noted in subsection (D)(4) of this section. Well site to:
a. Building or building overhang, five feet.
b. Septic tank, 50 feet.
c. Edge of on-site sewage system absorption field, 100 feet.
d. Privies, 100 feet.
e. Sewer line, 50 feet.
f. Sewage or manure lagoon, 200 feet.
g. Property line of any parcel containing an active solid waste landfill, inactive solid waste landfill, closed solid waste landfill or illegal solid waste landfill, 1,000 feet.
h. Easements for ingress and egress, 100 feet except the director may approve a reduction to 50 feet when the well location would result in obtaining water from:
i. A consolidated formation where the well draws water from at least 30 feet below the ground surface and the well is at least 100 feet from the edge of an on-site sewage system absorption field, and at least 200 feet from a sewage or manure lagoon or a privy.
ii. An unconsolidated formation protected by at least a six-foot clay or other poorly permeable layer, and the well is at least 100 feet from the edge of an on-site sewage system absorption field, and at least 200 feet from a sewage or manure lagoon or a privy.
i. County road or state highway right-of-way and/or easement, 100 feet, except the director may approve a reduction to 50 feet when the well location would result in obtaining water from:
i. A consolidated formation where the well draws water from at least 30 feet below the ground surface and the well is at least 100 feet from the edge of an on-site sewage system absorption field, and at least 200 feet from a sewage or manure lagoon or a privy.
ii. An unconsolidated formation protected by at least a six-foot clay or other poorly permeable layer, and the well is at least 100 feet from the edge of an on-site sewage system absorption field, and at least 200 feet from a sewage or manure lagoon or a privy.
6. For wells constructed after October 1, 1990, the applicant submitted a copy of a declaration of covenant and/or a restrictive covenant, recorded with the Whatcom County auditor’s office for a sanitary control area which includes all property not owned by the applicant within a 100-foot radius of the well, and/or any property within a 100-foot radius of the well located on any adjacent parcel. However, the director may approve a reduction of the sanitary control area to a 50-foot radius when the well location would result in obtaining water from:
a. A consolidated formation where the well draws water from at least 30 feet below the ground surface and the well is at least 100 feet from the edge of an on-site sewage system absorption field, and at least 200 feet from a sewage or manure lagoon or a privy.
b. An unconsolidated formation protected by at least a six-foot clay or other poorly permeable layer, and the well is at least 100 feet from the edge of an on-site sewage system absorption field, and at least 200 feet from a sewage or manure lagoon or a privy.
7. The source provides a minimum of 400 gallons of water for each single-family dwelling and single-family living unit in a 24-hour period. To demonstrate quantity:
a. The applicant must provide to the director the results of an approved water yield test. The applicant may determine the water yield from the source by using a pump test, bailer test or air test conducted for a minimum of one hour.
b. The director may require the applicant to provide the results of a four-hour pump test conducted during the dry season when a source yields less than one gpm.
c. The director may require the applicant to provide the results of a four-hour pump test conducted during the dry season when the distance from the bottom of the well to the top of the aquifer for a source is less than 10 feet.
8. The source provides a minimum of four gpm, except the director may approve a yield less than four gpm if the applicant provides the director with plans for an approved water reservoir large enough to meet peak household flows.
9. Certified laboratory results of an untreated water sample show satisfactory results for:
a. Coliform bacteria analyzed from a sample containing no residual chlorine.
b. The inorganic chemicals: arsenic, barium, cadmium, chromium, lead, mercury, fluoride, nitrate, selenium, and silver.
10. The applicant has submitted all other satisfactory analytical water sampling results for contaminants the director deemed significant based on:
a. Local trends in water quality.
b. The vulnerability of the source to known or suspected water quality or quantity problems or if the location of the source falls within the boundary of an area of known groundwater contamination.
11. When untreated water sample analyses required in subsections (D)(9) or (10) of this section confirm that the water exceeds any State Department of Health maximum contaminant levels (MCL) or if the arsenic level exceeds 10 parts per billion the applicant has:
a. Designed and installed a treatment system meeting the requirements of Whatcom County health and human services water Availability Approval for a Contaminated Well Source (as amended) to reduce the levels of the contaminants to below the MCL or below 10 parts per billion for arsenic.
b. Signed and recorded with the Whatcom County auditor’s office the following documents:
i. A document stating which contaminate the untreated source water exceeded.
ii. A document stating that the applicant has had a water treatment system designed that meets Whatcom County health and human services Water Availability Approval for a Contaminated Well Source (as amended) and secures a potable water supply for the building.
iii. A document stating that the applicant has installed a treatment system according to the design reviewed by the director and treated water sample results that verify system performance.
iv. A document stating that the applicant agrees to adhere to the operation, maintenance, and monitoring plan for the designed treatment system.
v. A document stating that the applicant understands that the obligation to comply with treatment system design, installation, operation and monitoring lies with the applicant and not Whatcom County.
vi. When the public system is available, any person obtaining water from contaminated source must provide current test results showing water treatment is adequately maintaining water quality below maximum contaminant levels (MCL). If the quality does not meet the MCL, the applicant is required to hook up to a public system. (Ord. 2018-020 Exh. A; Ord. 2002-024).
24.11.100 Determining adequacy of water supply for building permit applications proposing to use a well to serve two single-family dwellings or two single-family living units.
A. Prior to director approval of evidence of an adequate water supply where the applicant proposes to use a well to serve two single-family dwellings or two single-family living units, the applicant must:
1. Notify the director of the intent to use a well or wells.
2. Request that the director conduct a site inspection and approve the proposed well sites.
B. Upon request from the applicant, the director will conduct a site inspection for the purpose of approving the location. If the director cannot approve a well location the director will deny the application and give the reasons for denial.
C. If the director approves the well locations the applicant shall submit a completed Water Availability Notification Non-Group B – 2 Home Well form (as amended) and all required documents for each well to the director for approval.
D. The director will review the completed form and required documents submitted by the applicant for approval. The director will approve the form if:
1. The applicant met all the criteria listed on the form.
2. The applicant submitted all of the required documents.
3. The applicant has provided evidence of legal availability of water for the proposed project per WCC 24.11.060.
4. The well construction and well site proposed by the applicant meets the requirements listed in Chapter 173-160 WAC.
5. The well site proposed by the applicant meets the following minimum setback requirements. Well site to:
a. Building or building overhang, five feet.
b. Septic tank, 50 feet.
c. Edge of on-site sewage system absorption field, 100 feet.
d. Privies, 100 feet.
e. Sewer line, 50 feet.
f. Sewage or manure lagoon, 200 feet.
g. Property line of any parcel containing an active solid waste landfill, inactive solid waste landfill, closed solid waste landfill or illegal solid waste landfill, 1,000 feet.
h. Easements for ingress and egress, 100 feet except the director may approve a reduction to 50 feet when the well location would result in obtaining water from:
i. A consolidated formation where the well draws from at least 30 feet below the ground surface and the well is at least 100 feet from the edge of an on-site sewage system absorption field, and at least 200 feet from a sewage or manure lagoon or a privy.
ii. An unconsolidated formation protected by at least a six-foot clay or other poorly permeable layer, and the well is at least 100 feet from the edge of an on-site sewage system absorption field, and at least 200 feet from a sewage or manure lagoon or a privy.
i. County road or state highway right-of-way and/or easement, 100 feet, except the directly may approve a reduction to 50 feet when the well location would result in obtaining water from:
i. A consolidated formation where the well draws water from at least 30 feet below the ground surface and the well is at least 100 feet from the edge of an on-site sewage system absorption field, and at least 200 feet from a sewage or manure lagoon or a privy.
ii. An unconsolidated formation protected by at least a six-foot clay or other poorly permeable layer, and the well is at least 100 feet from the edge of an on-site sewage system absorption field, and at least 200 feet from a sewage or manure lagoon or a privy.
6. The applicant submitted a copy of a declaration of covenant and/or restrictive covenant recorded with the Whatcom County auditor’s office for a sanitary control area which includes all property within a 100-foot radius of the well, except:
a. The director may approve a reduction of the sanitary control area to 50-foot radius when the well location would result in obtaining water from:
i. A consolidated formation where the well draws water from at least 30 feet below the ground surface and the well is at least 100 feet from the edge of an on-site sewage system absorption field, and at least 200 feet from a sewage or manure lagoon or a privy.
ii. An unconsolidated formation protected by at least a six-foot clay or other poorly permeable layer and the well is at least 100 feet from the edge of an on-site sewage system absorption field, and at least 200 feet from a sewage or manure lagoon or a privy.
7. The source provides a minimum of 400 gallons for each single-family dwelling or single-family living unit in a 24-hour period. To demonstrate quantity:
a. The applicant must provide to the director the results of an approved water yield test. The applicant may determine the water yield from the source by using a pump test, bailer test, or air test conducted for a minimum of one hour.
b. The director may require the applicant to provide results of a four-hour pump test conducted during the dry season when the source yields less than one gpm.
c. The director may require the applicant to provide the results of a four-hour pump test conducted during the dry season when the distance from the bottom of the well to the top of the aquifer for a source is less than 10 feet.
8. The source provides a minimum of eight gpm, except the director may approve a yield less than eight gpm if the applicant provides the director with plans for an approved water reservoir large enough to meet peak household flows.
9. Certified laboratory results of an untreated water sample show satisfactory results for:
a. Coliform bacteria analyzed from a sample containing no residual chlorine.
b. The inorganic chemicals: for arsenic, barium, cadmium, chromium, lead, mercury, fluoride, nitrate, selenium, and silver.
10. The applicant has submitted all other satisfactory analytical water sampling results for contaminants the director deemed significant based on:
a. Local trends in water quality.
b. The vulnerability of the source to known or suspected water quality or quantity problems or if the location of the source falls within the boundary of an area of known groundwater contamination.
11. When untreated water sample analyses required in sections (D)(9) or (10) of this section confirm that the water exceeds any State Department of Health maximum contaminant levels (MCL) or if the arsenic level exceeds 10 parts per billion and the applicant has:
a. Designed and installed a treatment system meeting the requirements of Whatcom County health and human services water Availability Approval for a Contaminated Well Source (as amended) to reduce the levels of the contaminants to below the MCL or below 10 parts per billion for arsenic.
b. Signed and recorded with the Whatcom County auditor’s office the following documents:
i. A document stating which contaminate the untreated source water exceeded.
ii. A document stating that the applicant has had a water treatment system designed that meets Whatcom County health and human services Water Availability Approval for a Contaminated Well Source (as amended) and secures a potable water supply for the building.
iii. A document stating that the applicant has installed a treatment system according to the design reviewed by the director and treated water sample results that verify system performance.
iv. A document stating that the applicant agrees to adhere to the operation, maintenance, and monitoring plan for the designed treatment system.
v. A document stating that the applicant understands that the obligation to comply with treatment system design, installation, operation and monitoring lies with the applicant and not Whatcom County.
vi. When the public system is available, any person obtaining water from contaminated source must provide current test results showing water treatment is adequately maintaining water quality below maximum contaminant levels (MCL). If the quality does not meet the MCL, the applicant is required to hook up to a public system. (Ord. 2018-020 Exh. A; Ord. 2002-024).
24.11.110 Determining adequacy of water supply for building permit applications proposing to use a spring to serve one single-family dwelling unit or one single-family living unit.
A. Prior to director approval of evidence of an adequate water supply where the applicant proposes to use a spring source, the applicant must:
1. Notify the director of the intent to use a spring.
2. Provide information to the director showing that they cannot drill an adequate well on their property.
3. Request that the director conduct a site inspection and approve the proposed location of the spring.
B. Upon request from the applicant, the director will conduct a site inspection for the purpose of approving the location. If the director does not approve the location the director will deny the application and give the reason for denial.
C. If the director approves the location of the spring the applicant must submit a completed Water Availability Notification Private – 1 Home Spring form (as amended) and all required documents for approval by the director.
D. The director will review the completed form and required documents for approval. The director will approve the application if:
1. The applicant met all the criteria listed on the form.
2. The applicant submitted all of the required documents.
3. The applicant has provided evidence of legal availability of water for the proposed project per WCC 24.11.060.
4. The applicant can maintain the minimum following setbacks between the spring and:
a. Building or building overhang, five feet.
b. Septic tank, 200 feet.
c. Edge of on-site sewage system absorption field, 200 feet.
d. Privies, 200 feet.
e. Sewer line, 200 feet.
f. Sewage or manure lagoon, 200 feet.
g. Property line of any parcel containing an active solid waste landfill, inactive solid waste landfill, closed solid waste landfill or illegal solid waste landfill, 1,000 feet.
h. Easements for ingress and egress, 200 feet.
i. County road or state highway right-of-way and/or easement, 200 feet.
5. The applicant submitted a copy of a declaration of covenant and/or a restrictive covenant recorded with the Whatcom County auditor’s office for a sanitary control area which includes all property within a 200-foot radius of the spring.
6. The source provides a minimum of 400 gallons for each single-family living unit or single-family dwelling in a 24-hour period.
7. The applicant demonstrated adequate quantity by providing to the director a yield test result conducted for a minimum of four hours. Except, if the source yields less than one gpm the director may require the applicant to perform a yield test during the dry season.
8. The source provides a minimum of four gpm, except the director may approve a yield less than four gpm if the applicant provides the director with plans for an approved water reservoir large enough to meet peak household flows.
9. Certified laboratory results of an untreated water sample analyses show satisfactory results for:
a. Coliform bacteria analyzed from a sample containing no residual chlorine.
b. The inorganic chemicals: for arsenic, barium, cadmium, chromium, lead, mercury, fluoride, nitrate, selenium, and silver.
10. The applicant has submitted all other satisfactory analytical water sampling results for contaminants the director deemed significant based on:
a. Local trends in water quality.
b. The vulnerability of the source to known or suspected water quality or quantity problems or if the location of the source falls within the boundary of an area of known groundwater contamination.
11. When untreated water sample analysis required in subsections (D)(9) or (10) of this section confirm that the water exceeds any State Department of Health maximum contaminant levels (MCL) or if the arsenic level exceeds 10 parts per billion and the applicant has:
a. Designed and installed a treatment system meeting the requirements of Whatcom County health and human services Water Availability Approval for a Contaminated Well Source (as amended) or Whatcom County health and human services Water Availability for a Private Surface Water Source (as amended) to reduce the levels of the contaminants to below the MCL or below 10 parts per billion for arsenic.
b. Signed and recorded with the Whatcom County auditor’s office the following documents:
i. A document stating which contaminant the untreated source water exceeded.
ii. A document stating that the applicant has had a water treatment system designed that meets Whatcom County health and human services Water Availability Approval for a Contaminated Well Source (as amended) or Whatcom County health and human services Water Availability Approval for a Surface Water Source (as amended), and secures a potable water supply for the building.
iii. A document stating that the applicant has installed a treatment system according to the design reviewed by the director and treated water sample results that verify system performance.
iv. A document stating that the applicant agrees to adhere to the operation, maintenance, and monitoring plan for the designed treatment system.
v. A document stating that the applicant understands that the obligation to comply with treatment system design, installation, operation and monitoring lies with the applicant and not Whatcom County.
vi. When the public system is available, any person obtaining water from contaminated source must provide current test results showing water treatment is adequately maintaining water quality below maximum contaminant levels (MCL). If the quality does not meet the MCL, the applicant is required to hook up to a public system. (Ord. 2018-020 Exh. A; Ord. 2002-024).
24.11.120 Determining adequacy of water supply for building permit applications proposing to use a spring to serve two single-family dwelling units or two single-family living units.
A. Prior to director approval of evidence of an adequate water supply where the applicant proposes to use a spring source, the applicant must:
1. Notify the director of the intent to use a spring.
2. Provide information to the director showing that an adequate well cannot be drilled on their property.
3. Request that the director conduct a site inspection and approve the proposed location of the spring.
B. Upon request from the applicant, the director will conduct a site inspection for the purpose of approving the location. If the director does not approve the location, the director will deny the application and give the reasons for denial.
C. If the director approves the location of the spring the applicant must submit a completed Water Availability Notification – 2 Home Spring form (as amended) and all required documents for approval by the director.
D. The director will review the completed form and required documents for approval. The director will approve the application if:
1. The applicant met all the criteria listed on the form.
2. The applicant submitted all of the required documents.
3. The applicant has provided evidence of legal availability of water for the proposed project per WCC 24.11.060.
4. The applicant can maintain the following minimum setbacks between the spring and:
a. Building or building overhang, five feet.
b. Septic tank, 200 feet.
c. Edge of on-site sewage system absorption field, 200 feet.
d. Privies, 200 feet.
e. Sewer line, 200 feet.
f. Sewage or manure lagoon, 200 feet.
g. Property line of any parcel containing an active solid waste landfill, inactive solid waste landfill, closed solid waste landfill, or illegal solid waste landfill, 1,000 feet.
h. Easements for ingress and egress, 200 feet.
i. County road or state highway right-of-way and/or easement, 200 feet.
5. The applicant submitted a copy of a declaration of covenant and/or a restrictive covenant recorded with the Whatcom County auditor’s office for a sanitary control area which includes all property within a 200-foot radius of the spring.
6. The source provides a minimum of 400 gallons for each single-family living unit or single-family dwelling in a 24-hour period.
7. The applicant provided to the director a yield test result conducted for a minimum of four hours. Except, if the source yields less than one gpm, the director may require the applicant to perform a yield test during the dry season.
8. The source provides a minimum of eight gpm, except the director may approve a yield less than eight gpm if the applicant provides the director with plans for an approved water reservoir large enough to meet peak household flows.
9. Certified laboratory results of an untreated water sample showing satisfactory results for:
a. Coliform bacteria analyzed from a sample containing no residual chlorine.
b. The inorganic chemicals: for arsenic, barium, cadmium, chromium, lead, mercury, fluoride, nitrate, selenium, and silver.
10. The applicant has submitted all other satisfactory analytical water sampling results for contaminants the director deemed significant based on:
a. Local trends in water quality.
b. The vulnerability of the source to known or suspected water quality or quantity problems or if the location of the source falls within the boundary of an area of known groundwater contamination.
11. When untreated water sample analyses required in subsections (D)(9) or (10) of this section confirm that the water exceeds any State Department of Health maximum contaminant levels (MCL) or if the arsenic level exceeds 10 parts per billion the applicant has:
a. Designed and installed a treatment system meeting the requirements of Whatcom County health and human services water Availability Approval for a Contaminated Well Source (as amended) or Whatcom County health and human services Water Availability for a Private Surface Water Source (as amended) to reduce the levels of the contaminants to below the MCL or below 10 parts per billion for arsenic.
b. Signed and recorded with the Whatcom County auditor’s office the following documents:
i. A document stating which contaminate the untreated source water exceeded.
ii. A document stating that the applicant has had a water treatment system designed that meets Whatcom County health and human services Water Availability Approval for a Contaminated Well Source (as amended) or Whatcom County health and human services Water Availability Approval for a Surface Water Source (as amended), and secures a potable water supply for the building.
iii. A document stating that the applicant has installed a treatment system according to the design reviewed by the director and treated water sample results that verify system performance.
iv. A document stating that the applicant agrees to adhere to the operation, maintenance, and monitoring plan for the designed treatment system.
v. A document stating that the applicant understands that the obligation to comply with treatment system design, installation, operation and monitoring lies with the applicant and not Whatcom County.
vi. When the public system is available, any person obtaining water from contaminated source must provide current test results showing water treatment is adequately maintaining water quality below maximum contaminant levels (MCL). If the quality does not meet the MCL, the applicant is required to hook up to a public system. (Ord. 2018-020 Exh. A; Ord. 2002-024).
24.11.130 Determining adequacy of water supply for building permit applications proposing to use surface water, sea water or rainwater for one or two single-family dwelling units or two single-family living units.
A. The director shall not approve use of surface water, sea water, or rainwater as evidence of an adequate water source unless the applicant:
1. Cannot obtain water from an existing public water supply.
2. Cannot use an approved source of ground water from a well.
3. Could only use contaminated ground water.
B. Prior to director approval of evidence of adequate water supply the applicant must:
1. Meet all applicable requirements for surface water, sea water or rainwater treatment design, maintenance and operation contained in Whatcom County health and human services Water Availability Notification as determined by the director.
2. Provide evidence of legal availability of water for the proposed project per WCC 24.11.060.
3. Meet all other state and local regulations.
4. Sign and have recorded with the Whatcom County auditor’s office the following documents:
a. A document stating which contaminant the untreated source water exceeded.
b. A document stating that the applicant has had a water treatment system designed that meets Whatcom County health and human services Water Availability Approval for a Surface Water Source (as amended), and secures a potable water supply for the building.
c. A document stating that the applicant has installed a treatment system according to the design reviewed by the director and treated water sample results that verify system performance.
d. A document stating that the applicant agrees to adhere to the operation, maintenance, and monitoring plan for the designed treatment system.
e. A document stating that the applicant understands that the obligation to comply with treatment system design, installation, operation and monitoring lies with the applicant and not Whatcom County.
f. When the public system is available, any person obtaining water from contaminated sources must provide current test results showing water treatment is adequately maintaining water quality below maximum contaminant levels (MCL). If the quality does not meet the MCL, the applicant is required to hook up to a public system. (Ord. 2018-020 Exh. A; Ord. 2002-024).
24.11.140 Determining adequacy of water supply for short subdivisions, long subdivisions or binding site plans proposing to use an existing public water system.
A. Prior to director approval of availability of an adequate water supply where the applicant proposes to obtain water from an existing public water supply to service lots of a short subdivision, long subdivision, or a binding site plan the applicant must:
1. Provide to the director an Availability Notification for Public Water (as amended) form or a letter signed by an authorized representative of the water system proposing to serve water to each lot. The authorized representative of the public water system:
a. Must indicate that the water system will provide water to each proposed lot.
b. Must sign a statement that they have reviewed the system records and ensures that the water system is in compliance with Chapters 246-290 and 246-291 WAC and department requirements.
B. The director will review the completed form or letter to determine the availability of adequate water. The director will make a determination of adequate water when:
1. The applicant and the authorized representative meet all the criteria listed on the form.
2. The purveyor of the water system has the approval from department of health or the department to provide water to the short subdivision, long subdivision or binding site plan, except for Group A water systems the following conditions also apply:
a. DOH has issued a green operating permit to the purveyor; or
b. DOH has determined that the purveyor significantly complies with Chapter 246-290 WAC.
3. The applicant has provided evidence of legal availability of water for the proposed project per WCC 24.11.060. (Ord. 2018-020 Exh. A; Ord. 2002-024).
24.11.150 Determining adequacy of water supply for short subdivisions, long subdivisions or binding site plans proposing to use a new public water system.
Prior to director approval of availability of an adequate water supply where the applicant proposes to create a new public water supply to service lots of a short subdivision, long subdivision, or a binding site plan the applicant must comply with:
A. Provisions of the Whatcom County Coordinated Water System Plan.
B. Chapters 246-290 and 246-291 WAC, and all other applicable local and state regulations for public water supplies.
C. The applicable sections of this chapter pertaining to public water supplies and water availability. (Ord. 2018-020 Exh. A; Ord. 2002-024).
24.11.160 Determining adequacy of water supply for short subdivisions or long subdivisions proposing to use a private well or private wells to serve one single-family dwelling or one single-family living unit.
A. Prior to director approval of availability of an adequate water supply where the applicant proposes to use a private well or private wells to service lots of a short subdivision or long subdivision the applicant must:
1. Notify the director of the intent to use a private well or wells.
2. Request that the director conduct a site inspection and approve the proposed well sites.
B. Upon request from the applicant, the director will conduct a site inspection for the purpose of approving the location. If the director cannot approve a well location the director will deny the application and give the reasons for denial.
C. If the director approves the well locations the applicant shall submit a completed Subdivision Water Availability form (as amended) and all required documents for each well to the director for approval.
D. The director will review each completed form and required documents for approval. The director will approve the availability of adequate water when:
1. The applicant met all the criteria listed on the form.
2. The applicant submitted all of the required documents.
3. The applicant has provided evidence of legal availability of water for the proposed project per WCC 24.11.060.
4. The director has determined the well and well site proposed by the applicant meets the requirements listed in Chapter 173-160 WAC.
5. The applicant can maintain the minimum following setbacks between any well and:
a. Building or building overhang, five feet.
b. Septic tank, 50 feet.
c. Edge of on-site sewage system absorption field, 100 feet.
d. Privies, 100 feet.
e. Sewer line, 50 feet.
f. Sewage or manure lagoon, 200 feet.
g. Property line of any parcel containing an active solid waste landfill, inactive solid waste landfill, closed solid waste landfill or illegal solid waste landfill, 1,000 feet.
h. Easements for ingress and egress, 100 feet except the director may approve a reduction to 50 feet when the well location would result in obtaining water from:
i. A consolidated formation where the well draws water from at least 30 feet below the ground surface and the well is at least 100 feet from the edge of an on-site sewage system absorption field, and at least 200 feet from a sewage or manure lagoon or a privy.
ii. An unconsolidated formation protected by at least a six-foot clay or other poorly permeable layer, and the well is at least 100 feet from the edge of an on-site sewage system absorption field, and at least 200 feet from a sewage or manure lagoon or a privy.
i. County road or state highway right-of-way and/or easement, 100 feet, except the director may approve a reduction to 50 feet when the well location would result in obtaining water from:
i. A consolidated formation where the well draws water from at least 30 feet below the ground surface and the well is at least 100 feet from the edge of an on-site sewage system absorption field, and at least 200 feet from a sewage or manure lagoon or a privy.
ii. An unconsolidated formation protected by at least a six-foot clay or other poorly permeable layer, and the well is at least 100 feet from the edge of an on-site sewage system absorption field, and at least 200 feet from a sewage or manure lagoon or a privy.
6. The applicant submitted a copy of a declaration of covenant and/or a restrictive covenant recorded with the Whatcom County auditor’s office for a sanitary control area which includes all property within a 100-foot radius of any well, except:
a. The director may approve a reduction of the sanitary control area to a 50-foot radius when the well location would result in obtaining water from:
i. A consolidated formation where the well draws water from at least 30 feet below the ground surface and the well is at least 100 feet from the edge of an on-site sewage system absorption field, and at least 200 feet from a sewage or manure lagoon, or a privy.
ii. An unconsolidated formation protected by at least a six-foot clay or other poorly permeable layer and the well is at least 100 feet from the edge of an on-site sewage system absorption field, and at least 200 feet from a sewage or manure lagoon or a privy.
7. The source provides a minimum of 400 gallons for each single-family dwelling or single-family living unit residence in a 24-hour period. To demonstrate quantity:
a. The applicant must provide to the director the results of an approved water yield test. The applicant may determine the water yield from the source by using a pump test, bailer test, or air test conducted for a minimum of one hour.
b. The director may require the applicant to provide results of a four-hour pump test conducted during the dry season when the source yields less than one gpm.
c. The director may require the applicant to provide the results of a four-hour pump test conducted during the dry season when the distance from the bottom of the well to the top of the aquifer for a source is less than 10 feet.
d. The director may require the applicant to provide the results of four-hour pump tests the applicant conducted simultaneously for all wells spaced less than 50 feet apart.
8. The source provides a minimum of four gpm, except the director may approve a yield less than four gpm if the applicant provides the director with plans for an approved water reservoir large enough to meet peak household flows.
9. Certified laboratory results of an untreated water sample show satisfactory results for:
a. Coliform bacteria analyzed from a sample containing no residual chlorine.
b. The inorganic chemicals: for arsenic, barium, cadmium, chromium, lead, mercury, fluoride, nitrate, selenium, and silver.
10. The applicant has submitted all other satisfactory analytical water sampling results for contaminants the director deemed significant based on:
a. Local trends in water quality.
b. The vulnerability of the source to known or suspected water quality or quantity problems or if the location of the source falls within the boundary of an area of known groundwater contamination. (Ord. 2018-020 Exh. A; Ord. 2002-024).
24.11.170 Determining adequacy of water supply for short subdivisions or long subdivisions proposing to use a well to serve two single-family dwellings or two single-family living units.
A. The applicant shall create a Group B public water supply as defined in Chapter 246-291 WAC when WCC Title 21 requires the applicant to provide public water service to each lot. This includes a water system where one well services two lots.
B. Prior to director approval of availability of an adequate water supply where the applicant proposes to use one well to service two lots of a short subdivision or long subdivision when public water is not required the applicant must:
1. Notify the director of the intent to use a well or wells.
2. Request that the director conduct a site inspection and approve the proposed well sites.
C. Upon request from the applicant, the director will conduct a site inspection for the purpose of approving the location. If the director cannot approve a well location the director will deny the application and give the reasons for denial.
D. If the director approves the well locations the applicant shall submit a completed Subdivision Water Availability form (as amended) and all required documents for each well to the director for approval.
E. The director will review each completed form and required documents for approval. The director will approve the availability of adequate water when:
1. The applicant met all the criteria listed on each of the forms.
2. The applicant submitted all of the required documents.
3. The applicant has provided evidence of legal availability of water for the proposed project per WCC 24.11.060.
4. The director has determined the well and well site proposed by the applicant meets the requirements listed in Chapter 173-160 WAC.
5. The applicant can maintain the minimum following setbacks between the well and:
a. Building or building overhang, five feet.
b. Septic tank, 50 feet.
c. Edge of on-site sewage system absorption field, 100 feet.
d. Privies, 100 feet.
e. Sewer line, 50 feet.
f. Sewage or manure lagoon, 200 feet.
g. Property line of any parcel containing an active solid waste landfill, inactive solid waste land fill, closed solid waste landfill or illegal solid waste landfill, 1,000 feet.
h. Easements for ingress and egress, 100 feet except the director may approve a reduction to 50 feet when the well location would result in obtaining water from:
i. A consolidated formation where the well draws water from at least 30 feet below the ground surface and the well is at least 100 feet from the edge of an on-site sewage system absorption field, and at least 200 feet from a sewage or manure lagoon or a privy.
ii. An unconsolidated formation protected by at least a six-foot clay or other poorly permeable layer, and the well is at least 100 feet from the edge of an on-site sewage system absorption field, and at least 200 feet from a sewage or manure lagoon or a privy.
i. County road or state highway right-of-way and/or easement, 100 feet, except the director may approve a reduction to 50 feet when the well location would result in obtaining water from:
i. A consolidated formation where the well draws water from at least 30 feet below the ground surface and the well is at least 100 feet from the edge of an on-site sewage system absorption field, and at least 200 feet from a sewage or manure lagoon or a privy.
ii. An unconsolidated formation protected by at least a six-foot clay or other poorly permeable layer, and the well is at least 100 feet from the edge of an on-site sewage system absorption field, and at least 200 feet from a sewage or manure lagoon or a privy.
6. The applicant submitted a copy of a declaration of covenant and/or a restrictive covenant recorded with the Whatcom County auditor’s office for a sanitary control area which includes all property within a 100-foot radius of the well, except:
a. The director may approve a reduction of the sanitary control area to a 50-foot radius when the well location would result in obtaining water from:
i. A consolidated formation where the well draws water from at least 30 feet below the ground surface and the well is at least 100 feet from the edge of an on-site sewage system absorption field, and at least 200 feet from a sewage or manure lagoon or a privy.
ii. An unconsolidated formation protected by at least a six-foot clay or other poorly permeable layer, and the well is at least 100 feet from the edge of an on-site sewage system absorption field, and at least 200 feet from a sewage or manure lagoon or a privy.
7. Each source provides a minimum of 400 gallons for each single-family dwelling or single-family living unit residence in a 24-hour period. To demonstrate quantity:
a. The applicant must provide to the director the results of an approved water yield test. The applicant may determine the water yield from the source by using a pump test, bailer test, or air test conducted for a minimum of one hour.
b. The director may require the applicant to provide results of a four-hour pump test conducted during the dry season when the source yields less than one gpm.
c. The director may require the applicant to provide the results of a four-hour pump test conducted during the dry season when the distance from the bottom of the well to the top of the aquifer for a source is less than 10 feet.
d. The director may require the applicant to provide the results of four-hour pump tests the applicant conducted simultaneously for all wells spaced less than 50 feet apart.
8. The source provides a minimum of eight gpm, except the director may approve a yield less than eight gpm if the applicant provides the director with plans for an approved water reservoir large enough to meet peak household flows.
9. Certified laboratory results of an untreated water sample for each well show satisfactory results for:
a. Coliform bacteria analyzed from a sample containing no residual chlorine.
b. The inorganic chemicals: for arsenic, barium, cadmium, chromium, lead, mercury, fluoride, nitrate, selenium, and silver.
10. The applicant has submitted all other satisfactory analytical water sampling results for contaminants the director deemed significant based on:
a. Local trends in water quality.
b. The vulnerability of the source to known or suspected water quality or quantity problems or if the location of the source falls within the boundary of an area of known groundwater contamination. (Ord. 2018-020 Exh. A; Ord. 2002-024).
24.11.180 Determining adequacy of water supply for short subdivisions or long subdivisions proposing to use a private spring.
The director shall not approve a private spring as a water source for a proposed short subdivision, long subdivision or a binding site plan. (Ord. 2002-024).
24.11.190 Determining adequacy of water supply for short subdivisions or long subdivisions proposing to use a private surface water, sea water or rainwater source.
The director shall not approve private surface water, sea water or rainwater as a source for a proposed short subdivision, long subdivision or a binding site plan. (Ord. 2002-024).
24.11.200 Public water supplies.
A. A purveyor of a public water system shall comply with all provisions listed in Chapters 246-290 and 246-291 WAC and all other applicable state and local regulations.
B. The director shall apply and enforce those provisions pertaining to public water systems consistent with the division of responsibilities set forth in the joint plan of operation described in the current interagency agreement between State of Washington Department of Health and Whatcom County health and human services. (Ord. 2002-024).
24.11.210 Water source disclosure requirements for real property sales.
In a transaction for the sale of real property, the seller shall deliver to the buyer a completed Water System Disclosure form (as amended) in addition to any other disclosures as required under Chapter 64.06 RCW. Unless the buyer has expressly waived the right to receive the disclosure statement, failure by the seller to provide the disclosure statement will result in a private cause of action on the part of the purchaser against the seller. The director will not enforce any provisions of this section. (Ord. 2002-024).
24.11.220 Variance clause.
The director, upon written petition of the owner of a water system may grant a variance to any section of this chapter when:
A. No health hazard would exist as a result of this action;
B. The results of the variance remain consistent with the intent of this chapter. (Ord. 2002-024).
24.11.230 Inspection.
A. The director shall have the authority to inspect any public water system at any reasonable time for the purpose of evaluating compliance with this chapter.
B. The director shall have the authority to inspect a private water system or well site at any reasonable time to make a determination related to the approval of a water availability application. (Ord. 2002-024).
24.11.240 Enforcement.
When owner, operator, purveyor, or person fails to comply with the provisions of this chapter except WCC 24.11.210, Water source disclosure requirements for real property sales, the director or local prosecuting attorney’s office may initiate enforcement actions, disciplinary actions, or other legal proceedings authorized by law, including but not limited to any one or combination of the following:
A. Administrative hearings convened at the request of the director.
B. A notice, issued pursuant to Chapter 24.07 WCC, and directed to the owner, operator, purveyor and/or person causing violations of this chapter.
C. Civil penalties as per Chapter 24.07 WCC. (Ord. 2002-024).
24.11.250 Appeals.
Any aggrieved person may appeal any decision of the director using the appeals process outlined in Chapter 24.07 WCC. (Ord. 2002-024).
24.11.260 Fees.
The Whatcom County council shall set and renew fees annually and post the fees in a schedule. (Ord. 2002-024).
24.11.270 Severability.
Should any section, subsection, paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this regulation. (Ord. 2002-024).