Chapter 15.15
WATER AVAILABILITY FOR NEW BUILDINGS
Sections:
15.15.040 Individual water supply systems.
15.15.050 Public water systems.
15.15.010 Purpose.
The purpose of this chapter is to establish guidelines to assist local governments in implementation of the provisions of RCW 19.27.097. [Ord. 2019-04 § 2 (Exh. B); Ord. 2015-02 § 2; Ord. 93-10 § 1.]
15.15.020 Definitions.
As used in this chapter:
“Approved water purveyor” means a water purveyor whose public water system is in compliance with the state surface and ground water codes (Chapters 90.03 and 90.44 RCW) and is in substantial compliance with the State Board of Health Drinking Water Regulations as determined by either the Department of Health or the local health authority.
“Ecology” means the Washington State Department of Ecology.
“Ground water” means all waters that exist beneath the land surface or beneath the bed of any stream, lake or reservoir, or any other body of surface water within the boundaries of the state, as defined in RCW 90.44.035.
“Ground water under the direct influence of surface water” means ground water which has:
1. Significant occurrence of insects or other macroorganisms, algae, or large-diameter pathogens such as Giardia lamblia; or
2. Significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH closely correlating to climatological or surface water conditions;
3. For purposes of determining treatment options, the following shall be treated as “ground water under the direct influence of surface water”:
a. All water supply wells or sand points where the minimum sealing requirements of the Water Well Construction Standards (Chapter 173-160 WAC) cannot be met.
b. All water supply wells or sand points which were constructed prior to the adoption of the Water Well Construction Standards (Chapter 173-160 WAC) and exhibit any or all of the characteristics identified in subsections (1) and (2) of this definition.
“Health official” shall mean the Columbia County environmental health director working as the authorized representative of the health office as defined in RCW 70.05.070.
“Individual water supply system” means any water supply system which is not subject to the State Board of Health Drinking Water Regulations, Chapter 246-290 WAC. An individual water supply system generally provides water to one single-family residence or, in the case of family farms, four or fewer connections on the same farm.
“Potable” means suitable for drinking.
“Public water system” means any system subject to the State Board of Health Drinking Water Regulations, Chapter 246-290 WAC, excluding a system serving only one single-family residence or a system with four or fewer connections, all of which serve residences on the same farm, providing piped water for human consumption, including:
1. Any collection, treatment, storage, or distribution facilities which are under the control of the purveyor and used primarily in connection with the system; and
2. Any collection or pretreatment storage facilities which are not under the control of the purveyor but are primarily used in connection with the system.
“Registered water right claim” means a statement of the existence of a water right generally vesting prior to 1917 for surface water and 1945 for ground water. The beneficial use of water must have been initiated prior to 1917 for surface water and 1945 for ground water. Evidence must be shown that there has been no relinquishment (cessation of use for five or more years, per RCW 90.14.140).
“Seasonal use areas” include recreational buildings, generally in less populated areas, that are occupied less than 90 days per year.
“Surface water” means any body of water, whether fresh or marine, flowing or contained in natural or artificial depressions for significant periods of the year, including natural and artificial lakes, ponds, rivers, streams, springs, swamps, marshes and tidal waters.
“Water purveyor” means any agency or subdivision of the state or any municipal corporation, firm, company, mutual or cooperative association, institution, partnership, or person or any other entity that owns or operates a public water system. It also means the authorized agents of any such entities. [Ord. 2019-04 § 2 (Exh. B); Ord. 2017-04; Ord. 2015-02 § 2; Ord. 94-05; Ord. 93-10 § 2.]
15.15.030 General criteria.
An applicant for a building permit for any building necessitating potable water must provide evidence of an adequate water supply both physically and legally available, in accordance with RCW 19.27.097, for the intended use of the building. Evidence of an adequate water supply shall be in the form of one of the following:
A. A water right permit from Ecology. Water right permits are required for all surface water diversions and those ground water withdrawals which are in excess of 5,000 gallons per day or where the area of lawn or noncommercial garden to be irrigated is greater than one-half acre. A water right permit establishes the legal availability and right to use water in terms of quantity and priority.
Users of 5,000 gallons per day or less of ground water are exempted from having to obtain a water right permit by RCW 90.44.050, but are subject to all other pertinent water resources laws and regulations. Gravel aquifers in the Touchet River basin are hydraulically connected to surface waters in the basin; therefore, the gravel aquifers are closed by Ecology except for future permit exempt groundwater withdrawals and for nonconsumptive ground water use. New permit exempt wells constructed into the gravel aquifer of the Touchet River basin (including tributaries) have maximum daily withdrawals as follows: in-house use is limited to 1,250 gallons per day and stock water use is limited to 700 gallons per day. Any outdoor use of water under the exemption must be mitigated prior to use.
Applicants alleging rights based upon registered water right claims should be directed to the appropriate regional office of Ecology to verify the existence of the claim and its possible validity. An application for a water right permit is not sufficient proof of an adequate legally available water supply.
B. A letter from an approved water purveyor stating the ability and willingness to provide water. The purveyor providing such a letter must be in compliance with the state drinking water regulations, Chapter 246-290 WAC, as discussed further in this chapter and the state surface and ground water codes, Chapters 90.03 and 90.44 RCW.
C. A water availability notification verifying that potable water is available in the amount necessary for the purposes of the building. Such a notification must be accompanied by any supporting documentation required by the Columbia County planning department. The basic documentation which is required is described in this chapter set forth herein.
D. Exceptions.
1. Buildings which do not require potable water are not subject to the provisions of RCW 19.27.097 or this chapter.
2. Replacement structures or improvements or additions to buildings which will not result in an increase in the water usage of the building generally will not be subject to the provisions of this chapter.
E. Ecology regional offices will notify Columbia County about areas where water is no longer available for appropriation, such as that previously described for the Touchet River basin, or areas where Ecology is investigating problems concerning water availability. The Columbia County health district and/or Columbia County planning must consider this information before proceeding with issuance of additional building permits within such an area.
F. Regional drinking water operations offices of Department of Health will notify the Columbia County health district and/or Columbia County planning department about areas where the water supplies are of such poor quality that they should not be used for domestic water supply without treatment. The Columbia County planning department must consider this information before proceeding with issuance of additional building permits within such an area. [Ord. 2019-04 § 2 (Exh. B); Ord. 2015-02 § 2; Ord. 93-10 § 3.]
15.15.040 Individual water supply systems.
A. A water supply for a building which requires potable water, excluding any outside limited irrigation, may be considered to be adequate if it:
1. Is capable of providing water to a residential dwelling in the amount of 400 gallons per day. If additional uses of the same water source are contemplated, the health official shall determine the amount necessary to satisfy those additional uses at the time of evaluating the adequacy of the supply. Consideration should be given to a program of aggressive water conservation, including effective implementation of the water conservation performance standards.
a. If a source appears to be only marginally adequate, either in terms of quantity yielded or quality of the water, the health official, in his or her best judgment, may wish to attach a note to the property title advising future owners of that fact.
b. The health official, in his or her best judgment, may require additional testing at the time of resale of the property to verify the continued adequacy of the water supply.
2. Meets any and all siting criteria established by state regulations and local ordinances, and is constructed in compliance with state and local building codes.
3. Does not cause any detrimental interference with existing water rights and is not detrimental to the public interest. Investigation and identification of well interference problems and impairment to senior rights is the responsibility of Ecology. If the possibility of a problem is suspected, the Columbia County planning department or health district should contact Ecology.
B. Systems Which Obtain Water from Surface Water Sources.
1. The use of surface water sources for individual water supplies is generally discouraged due to their potential for contamination. For purposes of determining treatment options, “surface water” as used in this subsection includes ground water which is under the direct influence of surface water, but does not include springs which have been developed to preclude surface contamination.
2. Water from the source should conform to water quality standards contained in the State Board of Health drinking water regulations and, at a minimum, must be tested for bacteriological quality and nitrates.
3. An operations and maintenance manual for the treatment system is to be submitted to the health district for review and approval. A copy of the approved manual must be provided to the property owner for the treatment system.
4. The water used should be treated using a system designed by a licensed professional, using equipment which meets Department of Health certification for point-of-use/point-of-entry treatment systems and is installed in accordance with the approved design.
5. A notice may be attached to the property title by the health official which states the requirement for a treatment system. This notification should include a recommendation that the water system be inspected and resettled any time the property ownership changes. The notice shall include information regarding the potential health risks associated with utilizing surface water as a drinking water source.
C. Systems Which Obtain Water from Ground Water Sources.
1. If the total amount of water to be used from the ground water source is in excess of 5,000 gallons per day, it must be authorized by a water right permit or covered by a valid water right claim.
2. If the source is a well which does not require a water right permit, i.e., those under 5,000 gallons per day, or if constructed into the gravel aquifer of the Touchet River basin (including tributaries) under 1,250 gallons per day, the water availability notification should be accompanied by a well driver’s log and, at a minimum, the results of a one-hour bailer or air lift test indicating the yield of the well.
a. In many cases, the well log plus results of a test verifying well yield will provide all the necessary supporting evidence of physical availability of water. However, in areas where other concerns about water availability may exist (e.g., impact on insert flows and senior surface water rights or known well interference), Ecology and/or the local health district may require additional testing to verify the existence of an adequate amount of water.
b. The well log and test indicate only the physical availability of water. They do not indicate the legal availability of water. Such wells, while exempt from the water right permitting process, are still regulated by the Department of Ecology.
3. Additional supporting documents which may be required by the health district include, but are not limited to, the following:
a. A water quality laboratory analysis report.
b. A copy of recorded notification (if public disclosure of a problem is required).
c. A copy of an operation and maintenance (O&M) manual (if required).
d. Copies of any other documents which may be required by the health district.
4. The well must be constructed in conformance with the water well construction standards (WAC 173-160-345).
5. Water from the source should conform to water quality standards contained in the State Board of Health drinking water regulations and, at a minimum, must be tested for bacteriological quality and nitrates.
a. A lab certified by the Department of Health must perform the analyses.
b. If the health district suspects that a problem may exist in a specific area, the health district may also require testing for trihalomethanes, pesticides, radionuclides, volatile organic chemicals and/or other chemical or physical water quality parameters.
c. If the well is newly constructed, prior to sampling it should be properly developed (e.g., flushed for a minimum of one hour or until such time as the water runs clear, and all chlorine residuals are undetectable).
d. Water samples should be collected by a qualified individual as determined by the health official.
e. Follow-up sampling may be required to provide additional data on the level of a specific contaminant in question. If results of several consecutive follow-up samples indicate that the water supply is in compliance with the maximum contaminant levels, treatment and public notification requirements may be waived by the health official.
6. Continuous effective treatment should be recommended, and may be required, for any water supply which fails to meet bacteriological or primary chemical or physical quality parameters.
a. Continuous effective treatment may be recommended or required, at the health department’s discretion, for any other contaminant found in the water.
b. Treatment should generally be whole house rather than point of use. Water used in any portion of the system, such as the irrigation system, laundry, or other noncontact plumbing fixtures, which is isolated from the drinking water system does not have to be treated.
c. All home treatment equipment shall be Department of Health certified and must be installed in accordance with the approved design. Treatment equipment shall be inspected by the health official of Columbia County.
d. In cases where treatment is recommended, a notice by the health official recommending treatment should be attached to the property title. This notification should recommend that the water system be inspected and retested any time the property ownership changes. The notice should include information regarding the potential health or aesthetic effects associated with exceeding the maximum contaminant level.
D. Alternative Sources of Supply. Individuals may obtain water from alternative sources of supply under the following conditions:
1. Hauling water should be allowed only if the applicant can demonstrate that the proposed system will comply with the water quality criteria specified in this chapter.
2. Rooftop collection systems should be allowed only if the applicant can demonstrate that the proposed system will comply with the water quality and quantity criteria specified in this chapter.
E. Property owners wishing to build any buildings in seasonal use areas may be issued building permits without having to demonstrate that an adequate potable water supply is available for seasonal use recreational buildings; further, the building permit should be issued conditional to:
1. The installation of a permitted and approved sewage disposal system, either:
a. A vaulted sealed privy, meeting or exceeding Washington standards; or
b. An on-site sewage disposal system (septic tank and drainfield).
2. Recording of covenants which guarantee that:
a. When the building is occupied or intended for occupancy for more than 90 days per year, the owner shall notify both the Columbia County health district and the Columbia County planning/building department; and the owner shall immediately install an adequate potable water supply and an on-site sewage disposal system; and
b. When a well is drilled or other adequate potable water supply is installed on the property, the owner will install a permitted and approved on-site sewage disposal system. [Ord. 2019-04 § 2 (Exh. B); Ord. 2015-02 § 2; Ord. 94-05; Ord. 93-10 § 4.]
15.15.050 Public water systems.
If the operators of a public water system desire to provide water to one or more new buildings, they shall ensure that such an expansion of service is:
A. Consistent with adopted State Board of Health drinking water regulations.
B. Consistent with adopted Columbia County comprehensive plan, development regulations and zoning ordinances.
C. Within the scope and conditions of the system’s water rights, including authorized place of use, limitations on quantity of water allowed for use, and number of connections authorized to be served.
D. Consistent with Washington State Department of Health regulations and procedures, including system design standards. [Ord. 2019-04 § 2 (Exh. B); Ord. 2015-02 § 2; Ord. 93-10 § 5.]