HomeMy WebLinkAboutAgenda - 03-09-1999 - III-A54
ORANGE COUNTY
Board of Commissioners
•
Actiou Agenda Item Abstract
Meeting Date: March 9,1999
Action Agenda
Item No. IILA.
Subject: Adverse Public Health Condition
Department: HEALTH
Public Hearing Yes X No
Budget Amendment Needed Yes X No
Attachments(s): Draft Adverse PH Condition Rules Information Coutsct:
Review Comments Health Director's Office X2411
Adverse PH Condition in Water 8c Sewer Boundary Task Force Telephone Number
"Tool Bag" Approach Matrix Hillsborough - 732-8181
Chapel Hill - 968-4501
Mebane - 227-2031
Durham - 688-7331
Purpose: To discuss with the Board of Health the rationale behind an expanded version of the Adverse Public
Health Condition set of rules.
Background: The adverse public health condition was first formulated during the Water and Sewer Boundary
Task Force discussions as a tool to use in dealing with failing septic systems. In this regard the application of the
definition is limited to onsite wastewater systems only. Further the health department would only determine
whether a system is "failing" or "documented as failing" with "no approvable onsite repair possible. The remedies
would then be drawn from the matrix list presented in the toolbag that are zoning and county ordinance
applications.
The health department examined the definition as a possibly useful tool for other situations where the stringent
rules that apply to imminent hazard would not apply. An example of this broader definition might be declaring an
adverse public health condition for a fire dump that provides conditions for mosquitos that might carry
encephalitis to breed. The county attorney attended the Board of Health meeting in October to discuss the
broadening of this rule. He expressed some concern regarding the enforcement provisions of this broader rule.
Recommendation: To discuss the direction of definition and implementation.
•
•
•
•
55
DRAFT
• ORANGE COUNTY BOARD OF HEALTH
ADVERSE PUBLIC HEALTH CONDITION RULES
.0100 GENERAL PROVISIONS
(a) -AUTHORIZATION -The Orange County Board of Health is authorized under the provisions
of North Cazolina General Statutes § 130A-39 to adopt rules to protect and promote the public
health.
(b) -DELEGATION OF AUTHORITY -The Health Director may delegate authority for
enforcement of these rules in accordance with North Cazolina General Statutes § 130A-6.
. (c) -CONFLICT WITH OTHER LAWS AND REGULATIONS -The provisions of any federal,
state, or municipal law or regulation establishing standazds affording greater protection to the
public welfare, safety, health and the groundwater resources shall prevail within the jurisdiction of
such agency or municipality over standards established by these rules.
(d) -RIGHT OF ENTRY- The Health Director shall have right of entry upon the premises in
accordance with North Cazolina General Statute § 130A-17 where, in the opinion of the Health
Director, an adverse public health exists or there is reasonable suspicion that an adverse public
• health condition exists.
(e) -PENALTIES -Pursuant to North Cazolina General Statute § 130A-25(a), any person who
violates a provision of these rules adopted by the Orange County Boazd of Health shall be guilty of
a Class 1 misdemeanor. Pursuant to North Cazolina General Statute §130A-18, the Health Director
may institute an action for injunctive relief, irrespective of all other remedies at law, in the superior
court of the county where the violation occ~ured or where a defendant resides.
(fl -JURISDICTION -These rules shall apply to all of Orange County and to all municipalities
within Orange County.
(g) -EFFECTIVE DATE -These rules shall become effective upon adoption by the Orange
County Boazd of Health.
.0100 SCOPE
These rules shall govern the investigation, abatement and elimination of situations and conditions
existing in Orange County which aze not an "Imminent Hazard" as defined in North Carolina
General Statute § 130A-2 but which may be harmful or deleterious to the public health; which may
pose increased health risks for individuals exposed to the situation or condition; or which may
damage the environment.
•
56
~eaFr
.0101 DEFINITIONS
The following definitions shall apply throughout these rules:
(1) - "Adverse Public Health Condition" means
(A) - A condition or situation unrelated to a on-site wastewater system or a well water supply
which is not an "Imminent Hazard" as defined in North Cazolina General Statutes
§ 130A-2 but which has the potential to cause personal injury, short term adverse health
effects, long term adverse health effects, environmental or occupational exposure to a
reportable communicable disease as defined in the North Carolina Administrative Code
T15A: 19A .0101(a), or measurable damage to the environment; or
(B) - A condition existing with a wastewater system(s) which is not an "Imminent Hazazd" as
defined in North Carolina General Statutes § 130A-2 and which meets all of the
following criteria:
• The wastewater system is failing.
• The wastewater system is documented to be failing by the Orange County Health
Department.
• There is no on-site repair approvable or recommended by the Orange County Health
Department.
The following terms used in this definition aze described below:
Failing Wastewater System: A wastewater system is failing when sewage or effluent is
seeping or discharging to the ground surface or to surface waters. (A permitted,
properly-functioning non-dischazge wastewater system, e.g., aspray-irrigation
functioning discharge system are not failing wastewater systems).
Approvable On-Site Repair: An approvable on-site wastewater system repair that can
be completed in a designated repair azea which is approvable under Health
Department regulatory soiUsite criteria in effect at the time of the needed repair.
Recommended On-Site Repair: A recommended on-site repair is one that is not an
approvable on-site repair, but is one that in the best professional judgment of the
Orange County Environmental Health staff will reasonably enable the system to
function properly. A recommended on-site repair may incorporate engineered design
(a design certified by an engineer to overcome all soiUsite limitations in the particular
situation), site or system modification, flow reduction or other measure calculated to
improve functionality of the system; or
(C) - A condition or situation existing in a well or well water supply system which is not an
"Imminent Hazard" as defined in North Cazolina General Statutes § 130A-2 and which
meets all the following criteria:
• The well or well water supply system is contaminated with a microbial, chemical or
other agent which causes disease or other serious health effects.
• The well is not repairable to the point where the contamination can be eliminated.
• The well water is not treatable prior to withdrawal from the distribution system to
the point where the threat of disease or serious health effects is eliminated.
• There is no alternate site for a new well which can be permitted according to the
current rules of the Orange County Boazd of Health or the alternate site is
unacceptable because of widespread existence of contamination or because of the
potential of contaminant migration to the alternate site.
(2) - "Health Director" means the Orange County Health Director.
DRAFT
57
(3) - "Wastewater" means any sewage or industrial process wastewater discharged, transmitted, or
collected from a residence, places of business, place of public assembly, or other places into a
wastewater system.
(4) - "Wastewater System" means a system of wastewater collection, treatment, and disposal in
single or multiple components, including a privy, septic tank system, community wastewater
system, wastewater reuse or recycle system, mechanical or biological wastewater treatment system,
any other similar system, and any chemical toilet used only for human waste.
(S) - "Well" means any excavation that is cored, bored, drilled, jetted, dug or otherwise
constructed for the purpose of locating, testing, developing, draining, or recharging any
groundwater reservoirs or aquifer, or that may control, divert, or otherwise cause the movement of
water from or into any aquifer.
(6) - "Well Water Supply System" means any well intended or usable as a source of water supply
for domestic use (including household purposes, farm livestock, or gardens) and the pump and
pipe used in connection with or pertaining to the operation of the water supply, including well
pumps, distribution pipes, plumbing pipes, pressure tanks, fittings, and water treatment devices.
.0102 RESPONSIBILITIES
(1) -Any person owning or controlling a residence, place of business, place of public assembly or
.premises for any other use shall maintain the premises in such a fashion that an adverse public
health condition does not exist or is not created.
(2) -The Health Director shall determine whether an adverse public health condition exists. The
determination can be by field investigation, laboratory analysis, personal interviews, or any other
means necessary.
(3) - If the Health Director determines that an adverse public health condition exists, the Health
Director shall issue an order prescribing the actions necessary to abate or eliminate the condition.
(4) -Any person owning or controlling a residence, place of business, place of public assembly or
premises for any other use, upon which the Health Director has determined an adverse public health
condition exists, shall abate or eliminate the condition according to the order of the Health Director.
•
•
58
ADVERSE PUBLIC HEALTH CONDITION
REV~w colvnrrErrrs
(Staff response)
Milton Heath, L~stitute of Governmem
• "Measurable+damage to the environment" phrase should be removed because it is not
explicitly providing protection of the public health. (Can be deleted)
• Not sure that stringency is being met in all situations. (Thu is a legal question)
• "Could hog industry attack it?" (This ruk was not envisioned for application to any
agricultural operations, but this theoretical questiae is still valid and is a legal
questions also)
• Asked whether the wastewater and well water supply sections could be addressed in
the existing local rules for those programs. (This u possible)
• Otherwise OK with the rule if Geof can be persuaded.
Rick Marinshaw, Board of Health
• Noted several grammatical and syntax errors. (These will be corrected)
• Expressed confusion about why the general condition defined in (A) is unrelated to
on-site wastewater systems and well water supplies. (This phrase u worded rhu way
to allow the language relating to wastewater systems and well water supplies to be
congruous with the language in the Water and Sewer Boundary Task Force
document Therefore; there could not be a situation where the general provision
(A) would apply to a wastewater system or weU water supply and be in conflict with
the sperifu provisions of (B) and !C).)
• Questioned why an engineered system designed to overcome all soil or site
limitations would not be classified as "approvable". (Thu question is a matter of
semantics within this proposed rule The design and workmanship the
engineered system would be revicwe~, inspected and approved by stag; but the soil
site condition might still be classified as unsuitable by staff according to the rules)
• Asked whether the cturent rules applicable to well water supplies address the last two
bullets of part (C) of the definition. (Only in non-owner occupied situations such as
rental houses and mobile hone parks)
• Stated that the creation of an "Adverse Public Health Condition" is not always
foreseeable as stated in the part (1) of Section .0102. (This wording can be removed,
but the ranedies jor the creation or existence of the APHC would not change)
Chris Hoke, Assistant State Health Director
• Questioned whether the existing "Abatement of Public Health Nuisance" statute
would serve the same purpose. (In the sta~"s opinion, any condition which can
cause personal injrtry, adverse health effects or communicable disease exposure
goes bryond the canmon definition of a nuisance. It may be that the statute would
be comparable from a legal standpoint though, and Geoju the one to ask for legal
advice)
6
Jan-27-98 05:24P Coleman GledF-i-i ~ ~ Hargrave 919 732 7997 P.03
A verse_~bl' c He. lth Cond,~tion
Adverse public health condition. An adverse public
health condition exists where a wastewater system(s) is
.~L failings 13~ ~~ >>manrac"~ r~ be fail~ncr by the Or n~
Cou t}~,En'virgnment.al H alth ~oartment. and ~, no
onsite- repair is approvable or recommended by the
orange county Health r~epartmpnt . The f c~llow.~rlcr .arms
~~ used 'n this def.initi n mear~
Frxiling wastewater system. A w~3stewat.er
system is tailirty when :.ewage ox effluent is
seeping or discharging tU the ground surface
or to surface waters. A permitted, properly
functioning non-discharge wastewater systP'm
(e.g., a spray irrigation syst~?rn) and d
permitted, properly functioning discharge
system are nor. failing wastewater systems.
59
•
Approvccble onsite repair. An approvahlP
onsite wastewater syst;ern repair is d tep~~ir
that can be completed in a designated rep~~ir
area which is approvr~ble under Health
Department ret,~ulratory soil/ S.it? crit~3ri~~ in
effect at the time of the needed repair.
Recommended c.~nyite x'e~~~'~ir. A rFCOmmcrtcied
onsite r.epait is c7ne that is not art
apprvvable onsite repair but. is one t.har. in
the best. prctiLessional judgment of ttYe Orange
County Environm~~ntal Health staff will
reasonably eIlable t?le System tC~ funct.ioll
properly. A recommpndc:d onsite; re~~~ir It~ay
incorporate engineEred design (a design
certified by an NngineNr to ov~rc;ome dll
soil/sit.e limitations in the particular
situation), sire or system moditicar..ion, flaw
reduction or ocher measure;; r..alculc=,t.~d to
~m~rove ~ functionality.
Ma . •~ x gf ~c~lut i ort~,
The categories of Interest Ax'ea applicable to each Interest.
Area defined in Ghe Wak.er and Bawer Boundary Ayrpement dncl the
"tool bay" of remedies availahlp tc~ respond l.o an adverse public:
health condition ~zre d„ folioww.:
•
TOOL BAG ~ BEl~DIES F(~ ADVERSE PIIBLIC HEALTH CONDITION
Interest
Area Remp,_ dam=
Cate oriPs
~, Transition *1. Offsite repair - individual
2. UniversiCy Lake (CA and Pw) *Z. Offsite repair ~-
3. Cane Creek (CA and PW) and community (WIMP program)
Upper Eno (CA) *3. Oftsite repair -•
4. All othex protected watershed community, UWASA operated
areas (WIMP progxam}
5. Rural Buffer (not within a ~4. public sewer
protected watershed) *5. State permitted system
6. AR/R1 6. nothing and degreet3 of
nothing
7. imminent health hazard
declaratiolxs
8. prE~rnises vacating
* 9 . pump .snd haul
*Rec~ulatoLy approv~xblF~ repairs or acti~xns
Matching the remedies to the Interest Area categories in a
way that seems consisr.ent with the dlscusSlOn of tYYe committee
follows:
1.
Interest
2.
3.
oar..egori
OffSite repair - individual: rill cczteyor•ips of
Areas;
Offsite repair - coiNnunit.y: Transition, AR/kl;
Offsite repair - comrciuniry OW~~SA opPrate:d: ~~11
es of Interest Areas;
4. public sewer - Transition, Rural Huffer (scat in
pre~tected watershed) , all otht'•r proteetee} watE~rti.hpds, 11R/I;1;
5. State permitted cystPm - ~~-11 r_ateyories of Interest
Areas ;
6. Nothing and degrees of nothing - all car..egorien of
interest Are~3s;
7. Imminent health hazard declarc~t.ion - all categories cat
In t.F3rest. Areas;
8, premises vacar..inc3 •• all c~~tegories of Interest Areas.
lsg-11
war..sew.doc
60
•
•
•
•