Chapter 27.16
SHELLFISH PROTECTION DISTRICT

Sections:

27.16.010    Purpose.

27.16.020    Findings of fact.

27.16.030    District creation and name.

27.16.040    District boundaries.

27.16.050    Adoption of a watershed protection program.

27.16.060    Adoption of a nonpoint pollution plan addressing shellfish bed closures in Dungeness Bay.

27.16.070    Effective date.

SOURCE:    ADOPTED:

Ord. 706    05/22/01

27.16.010 Purpose.

The purpose of this chapter is to:

(1) Create a shellfish protection district as required by Chapter 90.72 RCW;

(2) Establish the boundaries of the district;

(3) Establish a district name;

(4) Adopt a watershed protection program;

(5) Adopt a nonpoint pollution plan for Dungeness Bay watershed.

27.16.020 Findings of fact.

The Board of Clallam County Commissioners finds that the following facts require the need for adopting this chapter:

(1) The Washington State Department of Health on April 25, 2000, officially downgraded the classification of the commercial shellfish growing area within Dungeness Bay, which is located on the Straits of Juan de Fuca in Clallam County.

(2) Chapter 90.72 RCW, Shellfish District, directs the County to establish a district within 180 days of such a downgrade and establish a program to address the reason(s) for the downgrade.

(3) It is important to protect shellfish, it is equally important to protect other beneficial uses of water. Recognizing this, the district will be called the Dungeness-Sequim Bay Watershed Clean Water District.

(4) The Washington State Department of Health has determined that degradation of Dungeness Bay water quality is primarily due to nonpoint sources of water pollution.

(5) The Clallam County Department of Community Development is responsible for providing management of on-site sewage systems and programs to remedy nonpoint surface pollution as it exists in unincorporated Clallam County.

(6) Dungeness Bay and Sequim Bay contain commercial and recreational shellfish growing areas in Clallam County.

(7) Nonpoint water pollution sources, including (but not limited to) agricultural surface water runoff and failing on-site septic systems, threaten the public health and safety of consuming shellfish harvested within the Dungeness Bay watershed.

(8) Sequim Bay is subject to many of the same nonpoint fecal coliform pollution sources.

27.16.030 District creation and name.

The Clallam County Board of Commissioners hereby creates the Sequim Bay-Dungeness Watershed Clean Water District as authorized in Chapter 90.72 RCW.

27.16.040 District boundaries.

The legal boundaries of the clean water district include the following areas within Clallam County: The Dungeness Watershed and those waters influenced by it through the irrigation system, and other independent tributaries to the Strait of Juan de Fuca, from Bagley Creek east to and including the Sequim Bay Watershed. This encompasses the Dungeness and Graywolf rivers, the creeks of Bagley, McDonald, Matriotti, Meadowbrook, Cooper, Cassalery, Gierin, Bell, Johnson, Dean, Jimmycomelately, Chicken Coop and their tributaries. The boundaries are outlined in “Exhibit A” to this chapter, which is attached hereto and incorporated by reference.

27.16.050 Adoption of a watershed protection program.

The Clallam County Board of Commissioners hereby directs Clallam County Department of Community Development to serve as lead in coordination with the Washington State Department of Health, the Washington State Department of Ecology, the Puget Sound Water Quality Action Team, the City of Sequim, the Clallam Conservation District, the Dungeness River Management Team, and other appropriate entities, to implement the Sequim Bay-Dungeness Watershed District clean water programs.

27.16.060 Adoption of a nonpoint pollution plan addressing shellfish bed closures in Dungeness Bay.

The Clallam County Board of Commissioners hereby adopts the Clean Water Strategy for Addressing Fecal Coliform in the Dungeness Bay Watershed as attached hereto as “Exhibit B” and incorporated by reference.

27.16.070 Effective date.

This chapter shall take effect ten (10) days after adoption.