HomeMy WebLinkAbout2657 Adopting Port Townsend Water System PlanCity of Port Townsend, Washington
Ordinance No. c
AN ORDINANCE OF THE CITY OF PORT TOWNSEND ADOPTING THE CITY OF
PORT TOWNSEND WATER SYSTEM PLAN AND ESTABLISHING AN
EFFECTIVE DATE
SECTION 1. 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:
In the State Board of Health Code, Chapter 43.20 RCW, the Washington State Legislature
has authorized the State Department of Health 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.
In 1990, the City prepared a Water System Plan, which was approved by the Department
of Health. However, the City did not adopt the 1990 Plan, due to imminent legislative and
regulatory changes (particularly the Growth Management Act) which were expected to
significantly affect the City's planning needs and requirements, as well as water service
area obligations.
The adoption and effectiveness of the Water System Plan is necessary to comply with
Washington Department of Health regulatory requirements. In the Department of Health's
Modified Agreed Order, Docket No. 94-003 ("the Order" or uDOH Order"), the
Department of Health CDOH') ordered the City to complete certain construction projects
designed to ensure public health and safety and to complete chlorination system
improvements. The Order required the City to apply for grant or loan funds through the
Public Works Trust Fund ("PWTF") program, or other source, in order to fund these
improvements. The Order required the City to complete the Water System Plan in
accordance with DOH guidelines. The Order imposed potential penalties upon the City
for noncompliance.
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.
Throughout the process of preparing the Water System Plan, the Department of Public
Works and the City Council have referred to and based the Water Plan on the City's Water
System Policies, adopted by the Port Townsend City Council with the active participation
of citizens residing within the City's water system service areas.
o
Throughout the process of preparing the Water System Plan, the Department of Public
Works and the City Council have referred to and based the Water Plan on the Agreement
for Establishing Water Utility Service Area Boundaries, with attachments, adopted by the
City Council on September 20, 1996, and approved by Jefferson County on September 25,
1996. This Agreement was approved by the Washington State Department of Health as
a component of the Jefferson County Coordinated Water System Plan, adopted by the
Department of Health in May 1997.
The Coordinated Water System Plan (CWSP) addresses service area boundaries, regional
water needs and water supply availability, and conservation goals. The CWSP, all
supporting studies and documents, and the public record developed before the City of Port
Townsend, Jefferson County and the State Department of Health, leading to adoption of
the CWSP, is adopted herein by this reference.
On January 8 1997, and after timely public notice, the City's SEPA Responsible Official
issued a mitigated determination of non-significance (MDNS) in accordance with Chapter
43.21C RCW, the State Environmental Policy Act (SEPA), with a fmal MDNS issued
thereafter. The City did not receive an appeal of the SEPA threshold determination.
e
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 March 23,
1998 the Department of Health approved the City's Water Plan, effective for State
regulatory purposes until March 23, 2004.
10.
The Port Townsend Water System Plan contains goals, policies, system maps and design
standards intended to guide the development of water system facilities. Important
components of the Plan include:
(a) An overview and inventory of the City's water system, including an analysis of the
City's water rights, existing facilities, and existing and potential regulatory
requirements;
Co) An analysis of existing water service area needs and conditions, including land use
designations and trends having an impact on water service delivery;
2 Ora. 0765'7
(c) A forecast of water system demands, based upon population trends and projected
water use needs;
(d) An analysis of water quality considerations, including potential organic and inorganic
contaminants, and system needs to address potential contamination concerns, both
for the City's surface and groundwater systems;
(e) An analysis of water conservation needs and opportunities, based upon current and
future system demands;
(f) An analysis of current and needed water storage systems, and distribution system
needs;
(g) A capital facilities program, identifying system development needs to provide
appropriate water service needs;
(h) A financial evaluation, including funding policies and an analysis of potential revenue
sources to meet system maintenance and improvement demands; and
(i) An analysis of operation and maintenance program needs.
11.
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.
12.
The City has held extensive public meetings to seek citizen input in formulating water system
policies and in guiding this planning activity. This citizen participation process included
addressing water planning and service concerns in the City's Out of City service areas
(particularly the Tri-Area), and in developing a strategy to address water treatment needs.
The Water Advisory Committee (WAC) (a citizen's group) was actively involved and
consulted in all early stages in the planning process.
13.
The City Council's Utilities Committee has discussed the Water System Plan in regularly
noticed open, public Council Committee meetings.
14.
On June 22, 1998, and after timely public notice, the Port Townsend City Council's
Utilities CommiR~ held an open public hearing to accept public testimony on the specific
recommendations contained in the Draft Plan.
15.
On July 20, 1998, at its regularly scheduled open public meeting, the City Council heard
additional public comments regarding the Water Plan.
16.
Based upon the foregoing findings and recitals, the City Council finds that adoption of the
1998 Port Townsend Water System Plan is consistent with and implements the City's Water
System Policies, the requirements of Washington law, and serves and advances the public
health, safety and welfare of Port Townsend and Jefferson County citizens.
3 Ord.
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 2. REPEALER. Any previously adopted Water Plans are hereby repealed in
their entirety and replaced with a new Water System Plan adopted in accor~ce with this
Ordinance.
SECTION 3. ADOPTION. Subject to such revisions as directed by the City Council on
this date, the 1998 Port Townsend Water System Plan, including "Volume 2, Appendices," as
recommended by the City Council's Utilities Committee (both the Plan and Appendices included as
EXHIBrr A attached hereto), is approved in its entirety. 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 4. PREPARATION OF FINAL WATER SYSTEM PLAN COPIES. Copies
of a Final Port Townsend Water System Plan approved by the City Council, shall be prepared by Port
Townsend Department of Public Works staffand shall be made available for public inspection within
30 days of final adoption of this Ordinance. The Final Plan shall include all grammatical and
numerical revisions and revisions directed by the City Council prior to adoption of the Plan.
SECTION 5. FILING. The Water System Plan as approved by the City Council shall be
filed with the City Clerk and shah be available for public inspection upon the effective date of this
Ordinance.
SECTION 6. 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 7. EFFECT OF REPEALED WATER SYSTEM PLAN(S). Upon the
effective date of this Ordinance, any previously drafted and adopted Water Plan(s) repealed by
this Ordinance shall be superseded by the Water System Plan, EXHIBIT A. If the Water System
Plan adopted pursuant to this Ordinance is at any time hereafter declared in its entirety to be
invalid or of no effect, the 1990 Draft 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 8. 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
4 Ord.
end, the provisions of each clause, sentence, paragraph, section or part of this Ordinance and Plan
are declared severable.
SECTION 9. EFFECTIVE DATE. This Ordinance shall be in full force and effect five days
following publication of this Ordinance or a summary thereof.
Read for the first, second, and third limes and adopted by the City Council of the City of Port
Townsend, Washington, at a regular meeting thereof, held this 20th day &July, 1998.
Attest:
Para Kolacy, Cit~y lerk~
Julie(t~/~lie.~/~CCulloch, Mayor
Appro. yved as to Form:
rtl: ~al~n, C:,ty Attorney
First, second, third readings and
passage: July 20, 1998
Publication: -~u lc/ Z?, 1998
Effective: /~ct~. _3' ,1998
Ordinance No. ~,$~/
Transmittal to DOH
[Note: Originals of E~hibit A and the
Addendum thereto are on file with a
copy of this ordinance in the City Clerk's
Office.]
07113/98 [98- ] tlm\ord\{waterpln.doc}