The purpose of these rules and regulations is to protect the public health and groundwater resources and implement the goals and policies of the San Juan County Comprehensive Plan by:
A. 
Overseeing the siting and construction of water wells, per Chapter 173-160 WAC and Chapter 18.104 RCW;
B. 
Providing standards for water supply pertaining to building permits for new structures requiring a source of potable water, per RCW 19.27.097 (State Building Code), and Chapter 36.70A RCW (State Growth Management Act);
C. 
Providing standards for water supply for subdivision per San Juan County Unified Development Code, Chapters 18.60 and 18.70 SJCC, and Chapter 36.70A RCW (State Growth Management Act), and Chapter 58.17 RCW (State Subdivision Statute);
D. 
Establishing standards for approval of the construction and on-going operation of community water systems;
E. 
Establishing standards for approval of the construction of individual water systems; and
F. 
Establishing water resource standards and providing water resource management in conjunction with the Department of Ecology.
(Formerly 13.06.010; Ord. 14-1996; Ord. 4-1998; Ord. 14-2000 § 4; Ord. 10-2001 § 1; Ord. 4-2010 § 1; Ord. 22-2013 § 1)
These rules and regulations are adopted by the San Juan County board of health under the authority and duties granted in RCW 70.05.060.
(Formerly 13.06.020; Ord. 14-1996; Ord. 14-2000 § 4)
Responsibility and authority in the water program is shared between the San Juan County department of health and community services and the Washington State Department of Health and Department of Ecology. Areas of responsibility and authority are defined in interagency agreements between the Washington State Departments of Health and Ecology and the San Juan County board of health.
(Formerly 13.06.040; Ord. 14-1996; Ord. 14-2000 § 4)
These rules and regulations shall be administered by the San Juan County health officer, under the authority granted in RCW 70.05.070.
(Formerly 13.06.050; Ord. 14-1996; Ord. 14-2000 § 4)
These rules and regulations shall apply to all new sources of water created after adoption of the rules and all sources for new construction, development permits, and land division; and to all new and existing public water systems.
(Formerly 13.06.060; Ord. 14-1996; Ord. 14-2000 § 4)
"Adequacy"
means a sufficient amount of potable water for the intended use taking into consideration both average and peak demand, and source capacity. For public water systems adequacy includes delivery of a safe, reliable supply of water as demonstrated by compliance with monitoring, source protection, management, and operation requirements of these regulations.
"Adjacent community water system"
means a system whose service area is within one-quarter mile of a proposed new well or proposed new water system boundary.
"Adjacent property"
means neighboring property that is within the sanitary setback of a well or spring.
"Alternative water source"
means any source of water for an individual single-family use other than a legally constructed well that produces more than 200 gallons per day per residence or an approved community water system that has the capacity to serve the intended use of the structure. These include but are not limited to: rainwater catchment, hauled water, seawater treatment, wells producing less than or equal to 200 gallons per day per residence, and well water requiring treatment or monitoring.
"Applicant"
means the developer, purveyor, property owner or their representative applying for a permit.
"Average demand" or "daily use"
means the average daily water use per day per residence.
"Capacity"
means the ability of a water system to provide a safe and reliable source of potable drinking water to its current service connections and any future service connections approved in its water system design. The evaluation of capacity includes, but is not limited to: water supply source, water quality, water system infrastructure, and system management and operation.
"Certified operator"
means a water system operator meeting the requirements of the Washington State Department of Health for the operation of a public water system.
"Community (or public) water system"
means any water system serving water for human consumption, excluding a system serving one or two residences (on separate properties) or a system serving four or fewer residential structures all of which are located on the same farm.
"Compliance plan"
means a plan developed by a public water system purveyor that details the methods to be used to correct a water system's operating violation or public health hazard and contains a time frame for completion.
"Comprehensive system evaluation (CSE)"
means a review, inspection, and assessment of a public water system by a qualified professional for the purpose of ensuring that safe, adequate drinking water is being provided. A CSE may be required in response to water quality, operations, or capacity deficiencies in order to develop a compliance plan.
"Connection"
(Group B water system purposes only) means a residence, commercial facility, campsite, or similar use, unless specifically stated otherwise in a water system's ownership agreement. Detached accessory dwelling unit is considered one equivalent residential unit unless the approved water system design supports a different amount.
"Conservation"
means a reduction in the amount of water necessary to carry out a beneficial water use. Maximum efficiency of water use that results in a reduction of water that is wasted.
"Consolidated formation"
means any geologic formation in which the earth materials have become firm and coherent through natural rock forming processes. An uncased well drill hole will normally remain open in these formations.
"Contaminant"
means anything that impairs the quality of groundwater to a degree that creates a potential hazard to the environment, public health, or interferes with a beneficial use.
"County hydrogeologist"
means a Washington State licensed hydrogeologist that either works for or has a contract with San Juan County.
"Critical water resource area"
means selected watersheds and critical aquifers where resources potentially are threatened by seawater intrusion or primary contaminants, or limited due to poor recharge. These areas may be designated by resolution by the San Juan County board of health in response to recommendations by the department of health and community services based on studies conducted by the County or state, or by petition from community groups and community water systems.
"Cross-connection"
means a physical arrangement connecting a potable water supply, directly or indirectly, with an unsafe water supply or other contaminating material, and capable of contaminating the potable water system.
"Equivalent residential unit (ERU)"
means a system-specific unit of measure used to express the amount of water consumed by a typical full-time single family residence.
"gpm"
means gallons per minute.
"Group A public water system"
means a public water system serving 15 or more connections or an average of 25 or more people per day for 60 or more days within a calendar year.
"Group B public water system"
means a public water system with (A) more than two and less than 15 connections; or (B) serving an average nonresidential population of less than 25 people per day for 60 or more days within a calendar year; or (C) any number of people for less than 60 days within a calendar year. (Note: Systems with 10 or more connections typically will become Group A water systems based on population.)
"GWI"
means groundwater under the influence of surface water. Any water beneath the surface of the ground where natural conditions cannot prevent the introduction of surface water pathogens into the source at the point of withdrawal.
"Health officer"
means the duly appointed San Juan County health officer, or a representative authorized and under the direct supervision of the health officer.
"Hydrogeologic site evaluation"
means a report that evaluates water resource availability prepared by a licensed professional who has training and experience in hydrogeology per WAC 308-15-057.
"Inactivation"
means an existing water system that ceases operation as a public water system.
"Inadequate"
means a water supply that does not meet the definition of adequacy, as defined in this section.
"Individual water system"
means a water system serving no more than two single-family residences, or four or fewer residences meeting the definition under "Same farm." (Note: A water system consisting of two main residences with ADUs is not defined as a Group B water system under this provision.)
"New public water system"
means a water system created after the effective date of the ordinance codified in this chapter.
"Owner"
means owner of the proposed or existing well or water system.
"Peak demand"
means the amount of water needed to supply maximum demand or meet extreme conditions, in compliance with Chapter 246-290 WAC.
"Potable"
means water safe for human consumption.
"ppm"
means parts per million. Equal to milligrams per liter (mgl).
"Project actions"
means an application for a land division, a new and/or expanding water system, and/or a certificate of water availability. Project actions do not include simple land divisions or building permit applications for structures that do not require certificates of water availability.
"Purveyor"
means an agency, subdivision of the state, municipal corporation, firm, company, mutual or cooperative association, institution, partnership, or person or other entity owning or operating a public water system, or applying to create a public water system. Purveyor also means the authorized agent of these entities.
"Residence"
means the primary residence and accessory dwelling unit.
"Same farm"
means a parcel of land or series of parcels that are connected by covenants and devoted to the production of livestock or agricultural commodities for commercial purposes and does not qualify as a public water system.
"Sanitary easement"
means a restrictive covenant recorded on the title of the property for a 50- to 200-foot radius (sanitary setback) around a well or spring.
"Sanitary setback or control area (SCA)"
means a 50- to 200-foot radius around a well or spring where it is prohibited to construct or maintain sources of contamination. These include, but are not limited to: septic tanks and drainfields, sewerlines, underground storage tanks, vehicles, structures that include the use or storage of toxic materials, enclosures for maintaining livestock, or garbage of any kind or description.
"Seawater intrusion"
means replacement of pumped fresh water by seawater in an aquifer.
"Service area"
means an area identified by a public water system that includes existing and future areas that will be served by that water system.
"Shallow well"
means a well completed in unconsolidated material with less than six feet of impervious material between the water table and the surface.
"Source capacity"
means the capacity of the water source that is proposed to serve a subdivision. For purposes of this chapter the minimum source capacity is 1,000 gallons per day per connection.
"Spring"
means a shallow source of water that emerges from the ground naturally. Generally this water flows just under the surface over clay or bedrock and may be seasonal.
"Stabilize"
means less than 0.1 foot of drawdown fluctuation/hour in the last four hours of a pump test after normalizing for tidal and barometric influences.
"Standard design"
means a design meeting San Juan County department of health and community services requirements for treatment, filtration, or storage.
"Unconsolidated formation"
means any naturally occurring, loosely cemented or poorly indurated earth material such as uncompacted gravel, sand, silt, and clay.
"Vulnerability assessment"
means evaluation of potential contamination for a specific area that could affect water quality in a well. This involves an inventory of activities such as: underground storage tanks, animal feedlots, landfills, septic tanks and drainfields, and urban runoff.
"Water well report (well log)"
means the well record completed by the well contractor on the construction or alteration of a well.
"Well"
means any excavation that is drilled, bored, driven, dug, or otherwise constructed when the intended use is the withdrawal of groundwater.
(Formerly 13.06.070; Ord. 14-1996; Ord. 4-1998; Ord. 14-2000 § 4; Ord. 10-2001 § 2; Ord. 21-2002 § 8; Ord. 7-2006 § 9; Ord. 20-2007 § 1; Ord. 4-2010 § 2; Ord. 22-2013 § 2)
When a public or private water system is out of compliance with these rules the department of health and community services may initiate appropriate enforcement actions, regardless of any prior approvals, including, but not limited to:
A. 
Issuance of a compliance schedule;
B. 
Issuance of departmental orders requiring submission of plans, design reports, and construction report forms;
C. 
Issuance of departmental orders requiring specific actions or ceasing unacceptable activities within a designated time period. Copies of these orders will be sent to the San Juan County prosecuting attorney and board of health;
D. 
Issuance of departmental orders to stop work and/or refrain from using any water system or improvements thereto until all written approvals required by statute or rule are obtained. The enforcement action will be reviewed with the San Juan County board of health;
E. 
Imposition of civil penalties as authorized under Chapter 70.119A RCW or local authority; and
F. 
Legal action by the prosecuting attorney.
(Formerly 13.06.080; Ord. 14-1996; Ord. 14-2000 § 4)
Designer certification will be required for designs submitted for all community water systems. Group A public water systems, and Group B systems serving 10 or more connections or providing fire flow or primary treatment, must be designed by a licensed engineer. Group B public water systems serving three to nine connections may be designed by a licensed engineer or certified designer and must comply with state and County minimum design standards.
A. 
Application for a water system designer's certificate of competency shall be made to the health officer. Satisfactory completion (70 percent or higher) of a written examination to demonstrate competency in the design and construction of individual and small public water systems will be required.
B. 
The department of health and community services may suspend, revoke, or deny any water system designer's certification of competency for negligence, incompetency, misrepresentation, or failure to comply with these rules and regulations, Chapter 246-290, 246-291, and/or 173-160 WAC is established.
C. 
Certification. The fee for water system designer certification shall be assessed according to the current San Juan County health and community services fee schedule in effect at the time of application. Certification shall be in effect for the unexpired portion of the calendar year in which certification is obtained. The application for renewal and the appropriate fee must be submitted to the health officer prior to February first of the year in which renewal is desired. If the renewal fee is not submitted to the health officer prior to February 1st, the designer certification will be expired and the initial fee will be required for renewal.
(Formerly 13.06.090; Ord. 14-1996; Ord. 14-2000 § 4; Ord. 10-2001 § 3; Ord. 20-2007 § 2; Ord. 22-2013 § 3)
A. 
All persons engaged in the commercial transportation of potable water will be licensed by the health officer. This license will be granted based on compliance with Guidelines for the Truck Transportation of Potable Water Supply for Public Use (Appendix C).
B. 
Certification. A fee shall be assessed according to the current San Juan County health and community services fee schedule in effect at the time of application. Certification shall be in effect for the unexpired portion of the calendar year in which certification is obtained. The application for renewal and the appropriate fee must be submitted to the health officer prior to February 1st of the year in which renewal is desired. If the renewal fee is not submitted to the health officer prior to February 1st, the designer certification will be expired and the initial fee will be required for renewal.
(Formerly 13.06.100; Ord. 14-1996; Ord. 14-2000 § 4; Ord. 20-2007 § 3)