HomeMy WebLinkAbout3115 Water System Plan Ordinance 3115
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ORDINANCE NO.3115
AN ORDINANCE OF THE CITY OF PORT TOWNSEND ADOPTING THE CITY OF
PORT TOWNSEND 2014 WATER SYSTEM PLAN AND ESTABLISHING AN
EFFECTIVE DATE
FINDINGS AND RECITALS. Based upon the public record before the Port Townsend City
Council, the City Council of the City of Port Townsend finds as follows:
1. In the State Board of Health Code, Chapter 43.20 RCW, the Washington State
Legislature has authorized the State Department of Health (DOH) to adopt rules and
standards for public water systems, including mandatory planning and system
development requirements. In accordance with Chapter 43.20 RCW, and for the
purpose of protection of public health and safety, the Department of Health, through
WAC 246-290, requires all public water utilities to prepare comprehensive water
system plans consistent with the provisions of state law. In accordance with
Washington law, and for the protection of public health and safety,the City has the
authority to undertake necessary planning and regulatory activities regarding the City's
municipal water utility.
2. On October 15, 2007 the City adopted the current Water System Plan with the passage
of Ordinance No. 2954. The DOH requires that water system plans be updated every
six years. In 2014 the City initiated the process of updating of the 2008 Water System
Plan. The City's current plan approved by the DOH in August 2008 is comprehensive.
Those chapters of the 2008 Water System Plan that are not identified in the 2014 Water
System Plan will remain valid for three years from the date of final approval by DOH
to allow the City to install filtration and evaluate the changes needed to the system once
the filtration is online.
3. The City of Port Townsend adopted its Growth Management Act Comprehensive Plan
in accordance with the Washington State Growth Management Act(GMA) on July 15,
1996, Ordinance No. 2539. All findings, recitals and other provisions of Ordinance No.
2539, and all provisions of the Comprehensive Plan and the public record supporting
the Comprehensive Plan are incorporated herein by this reference. Adoption of the
Comprehensive Plan was an essential prerequisite to adoption of a Water System Plan,
in that the GMA Comprehensive Plan provides the City with analysis and guidance in
assessing and anticipating population growth and infrastructure needs for the present
and future residents within the City's water system service areas. The City's
Comprehensive Plan is in the process of being revised and the 2014 Water System Plan
uses the interim population growth rate of 1.01% compounded annual growth.
4. On June 26, 2014, the Planning Commission reviewed the Draft 2014 Water System
Plan for consistency with the Comprehensive Plan, held a public hearing, and found it
to be consistent with the Comprehensive Plan.
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5. The City's Water Service Area Boundary was confirmed by the City Council on April
2, 2007, and has not changed since that time. No changes to the Water Service Area
Boundary are proposed for this update.
6. On July 16, 2014 after timely public notice, the City's SEPA Responsible Official
issued a determination of non-significance (DNS) in accordance with Chapter 43.21C
RCW, the State Environmental Policy Act(SEPA), with a final DNS issued thereafter.
The City did not receive an appeal of the SEPA threshold determination.
7. In accordance with Washington law, the City forwarded the draft Water System Plan to
the State of Washington Department of Health for review and comment. On July 1,
2104 the Department of Health provided comments to the City's Draft Water System
Plan Update. The City responded to the comments and appropriately incorporated the
response comments into the Draft Water System Plan. Following City Council
approval of the Water System Plan, the Plan will be submitted to DOH for their final
approval.
8. The Port Townsend Water System Plan contains goals, policies, system maps and
design standards intended to guide the development of water system facilities.
Components of the 2008 plan that have been updated in the 2014 plan include:
(a) Basic planning data including population, service connections, equivalent
residential unit(ERU) data, large water users, monthly and annual production and
consumption, annual water use by customer class, and annual water use for
wholesale or other systems.
(b) System analysis of the carrying capacity indentifying limiting factors for the system
and associated equivalent ERUs.
(c) Capital improvement plan (CIP) for the next three years.
(d) Budget analysis for the period of 2014 through 2017 identifying the financial impact
of water operations and projects identified in the CIP.
(e) Review of Water Rights Self Assessment.
Other components of the 2008 Water System Plan remain in effect until the next plan
update.
9. The Port Townsend Water System Plan has been prepared in conformance with the
requirements of Chapter 43.20 RCW and WAC 246-290, and is consistent with and
compatible with the Jefferson County Coordinated Water System Plan, adopted in
accordance with Chapter 70.116 RCW.
10. On August 4, 2014, at its regularly scheduled open public meeting, the City Council
held a public hearing regarding the update to the Water System Plan.
11. Based upon the foregoing findings and recitals, the City Council finds that adoption of
the 2014 Port Townsend Water System Plan is consistent with and implements the
City's Water System Policies, the requirements of Washington law, and serves and
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advances the public health, safety and welfare of Port Townsend and Jefferson County
citizens.
NOW, THEREFORE,based upon the public record and the foregoing Findings and
Recitals, the City Council of the City of Port Townsend does ordain as follows:
SECTION 1. ADOPTION. The 2014 Port Townsend Water System Plan Update (May
2014) is hereby adopted. The Update and the 2008 Water System Plan (except those portions of
the 2008 Water System Plan modified or replaced by the 2014 Update) comprise the City's
Water System Plan(2014). As stated in the Update:
No updates to Sections 1.0, 5.0, 6.0 and 7.0[of the 2008 Water System Plan (WSP)J have
been made for the 2014 WSP. However the City developed an interim Watershed
Protection Plan which will be implemented until the water treatment plan is operational.
Only portions of Section 3.0 and 4.0[of the 2008 WSPJ have been updated to address the
information requested by DOH. Sections 2.0, 8.0 and 9.0[of the 2008 WSPJ have been
updated in their entirety.
The Water System Plan Update (May 2014) is included as Exhibit A (attached and incorporated
by reference).
The Council declares that the adoption of the Water System Plan through this Ordinance
is necessary for the protection of public health and public safety.
SECTION 2. REPEALER. Sections and portions of Sections of the 2008 Water System
Plan are replaced or modified as set forth in the 2014 Update.
SECTION 3. PREPARATION OF FINAL WATER SYSTEM PLAN COPIES.
Copies of the Port Townsend Water System Plan (2014) (including relevant portions of both
2008 and 2014 documents) adopted by this Ordinance shall be prepared by Port Townsend
Department of Public Works staff and shall be made available for public inspection within 30
days of final approval by the State Department of Health. The Water System Plan (2014) shall
include as necessary all grammatical and numerical revisions.
SECTION 4. FILING. The Water System Plan (2014) as approved by the City Council
shall be filed with the City Clerk and shall be available for public inspection upon the effective
date of this Ordinance.
SECTION 5. TRANSMITTAL TO DEPARTMENT OF HEALTH. Upon completion
of all final revisions, the Department of Public Works shall promptly transmit a copy of the final
Port Townsend Water System Plan to the State Department of Health.
SECTION 6. EFFECT OF REPEALED WATER SYSTEM PLAN(S). Upon the
approval of the Water System Plan(2014) by the State Department of Health, those portions of
any previously adopted Water Plan(s) repealed by this Ordinance shall be superseded by the
Water System Plan (2014). If the Water System Plan(2014) adopted pursuant to this Ordinance
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is at any time hereafter declared by a court of competent jurisdiction in its entirety to be invalid
or of no effect, the 2008 Plan shall constitute the City's Water System Plan exclusively for
Washington State DOH compliance purposes, and all water system-related planning and
regulatory actions by the City of Port Townsend undertaken thereafter shall be governed by
adopted City Engineering Design Standards and the 1997 CWSP, including the City's Water
Utility Service Area Agreement.
SECTION 7. SEVERABILITY. If any clause, sentence, paragraph, section or part of
this Ordinance or the Plan adopted herein, or their application to any person or circumstance is
held to be invalid or unconstitutional by a court of competent jurisdiction, such order or
judgment shall not affect the validity or constitutionality of the remainder of any part of this
Ordinance or Plan. To this end, the provisions of each clause, sentence, paragraph, section or part
of this Ordinance and Plan are declared severable.
SECTION 8. EFFECTIVE DATE. This Ordinance shall be the date on which the State
Department of Health approves in writing the Water System Plan (2014), which date is more
than five days following publication of this Ordinance or a summary thereof. If DOH does not
approve the Plan in its entirety, then those portions approved by DOH shall be effective, and the
portions not approved by DOH shall not be included in this adoption.
Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this 4th day of August 201,y',
David King, Mayor
Attest: Approved as to Form:
oanna Sanders, C John P. Watts
City Clerk City Attorney