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Board of Health Appeal Minutes <br />December 15, 2016 <br />3 of 6 <br />and the rules make it so the association is limited to what they can do, and believes they are individual <br />matters. Mr. Carmody noted that Mountain River Trails Camping Association has not caused any grey <br />water discharge and does not own any of the units. The association is limited to the role they play. Mr. <br />Carmody stated that their role was to notify, facilitating, cooperating and working with the county to <br />bring those units into compliance. That is what they did. The problem with the order is that it is on the <br />association obligations to terminate third party uses and activities and they cannot do that. What they can <br />do, is post notices on the website, try to enforce regulations, contact owners. The use rate is 30-40% on a <br />busy weekend. Mr. Carmody stated the following concerns with the amended health order: <br />• Health Order states MRTCA sites still out of compliance will be brought into compliance either <br />by site owner or onsite MRTCA caretaker, but MRTCA does not have a legal right to do this <br />Mr. Carmody would like that clarified as they cannot go onto the property. <br />• Health Order states that MRTCA will provide annual operation and maintenance reports to the <br />health department, but does not believe that reporting should be required <br />Mr. Carmody stated that the association maintains the septic system and to be in compliance, but does not <br />believe the reporting piece is allowed under the WAC. <br />Mr. Carmody noted they do agree with the modifications. Mr. Carmody would suggest to not having an <br />amended health order, but instead the board incorporates the items into an order from the board that <br />would link to the appeal. This seems more reasonable. <br />Mr. Carmody presented the third issue that was presented to him on Tuesday. The suggested assessment <br />of $9,600.00 against the associations should not be approved as he believes certain processes and <br />procedures were not followed, therefore, making the assessment piece not valid. Mr. Carmody stated that <br />Health Order was issued and they appealed the Health Order and paid the $500.00. Specific language <br />states that when there is an appeal there shall be no enforcement allowed during this time and no final <br />order can be issued until there is an order from the board. There was a final order issued in September. <br />The process seems jumbled up to him. Final order states they allow for specific enforcement. Abatement <br />process, which is where the county steps in to physically correct an issue, puts liens on properties and <br />collects from property owners. No abatement ever happened so to assess a bill of $9,600.00 to 471 <br />innocent people, where only a portion might have been the cause of it, does not seem right and does not <br />believe there is,any charges for engineering that don't have any legal basis. Mr. Carmody was prepared to <br />come here today and note that all three of his appeal points were sustained and recognized by the <br />department as well as get their $500.00 filing fee back since there is no legal basis for the fee other than <br />he was told he had to pay it. Mr. Carmody does not believe there is any basis for the assessment. Would <br />like the board to affirm the appeal, make a modified appeal order, and eliminate reporting and assessment. <br />The MRTCA board is committed to working with the county. Mr. Carmody also stated that these are not <br />new matters, but matters that have been ongoing. They have not been problems in the past, but they are <br />problems now. They will deal with it and will work with public health to correct these matters and work <br />with other county departments to correct issues they have found. The remaining 20 units have minor <br />issues. Again, Mr. Carmody would urge the board to affirm the appeal and to incorporate in the order the <br />matters that are contained in the amended order. Mr. Carmody noted the reason for incorporating into an <br />order is that this has in part been presented to you as a part of a resolution, and a basis for making the <br />appeal moot. The second reason is that if the order is issued separately he would have to file a second <br />appeal that would raise the questions he just raised about reporting, and does not know how to tackle the <br />assessment piece. Mr. Carmody states the assessment piece has no legal basis and should not be charged. <br />Paul Jewell has a couple questions and this is a little unusual when an appeal comes forward when both <br />parties agree that a large portion of the substantial issues has already been dealt with. Commissioner <br />