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HomeMy WebLinkAboutMoU Group B OrdinanceMEMORANDUM OF AGREEMENT Between STATE OF WASHINGTON DEPARTMENT OF HEALTH and Kittitas County Public Health Department THIS AGREEMENT is made and entered into by and between the DEPARTMENT OF HEAL TH (DOH) and Kittitas County Public Health Department (KCPHD). THE PURPOSES OF THIS AGREEMENT are to : • Acknowledge that KCPHD has adopted Ordinance No. 2018-011 (an ordinance regulating Group B public water systems), as defined in Chapter 246-291 WAC ("Group B Rule"), that is at least as stringent as the Group B Rule and, thereby, KCPHD is fully responsible for the regulation of Group B public water systems within its jurisdiction as provided by WAC 246-291-030(a) and pursuant to Chapters 70.119A and 70.116 RCW; • Set forth the mutual agreement between DOH and KCPHD concerning exchange of data and implementation of KCPHD's Group B ordinance. This Agreement supersedes and replaces all prior lnteragency Agreements between DOH and KCPHD regarding the regulation of Group B water systems. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF RESPONSIBILITIES 1. Administration and Enforcement. KCPHD shall carry out its responsibility to administer and enforce Ordinance No. 2018-011 a copy of which is attached as Exhibit A. DOH shall not administer and enforce the Group B rule within KCPHD's jurisdiction so long as Ordinance No. 2018-011 as set forth in Exhibit A remains effective. Nothing in this agreement, however, limits DOH's authority under RCW 43.70.130 to enforce public health law if KCPHD has failed to act or is unable for reasons beyond its control to act. 2 . Communication and Data Exchange. Both DOH and KCPHD will work together to ensure that there is effective communications when dealing with drinking water emergencies, security incidents and health risk situations related to water systems in KCPHD. Within 30 days of approving the design submittal for a new or expanding Group B water system, KCPHD shall transmit the following data to DOH for entry into the statewide drinking water database system: a. Completed water facility inventory (WFI) form ; b. Satisfactory coliform bacteria analysis lab report(s), satisfactory inorganic chemical analysis lab, and any other water quality information as may have been required for approval of the DOH MOA #: CLH23577 Kittitas County Public Health Department Page 1 of2 source(s). 3. Notice. KCPHD shall inform DOH at least 30 days prior to taking action to amend or repeal Ordinance No. 2018-011. DOH shall inform KCPHD at least 30 days prior to taking action to amend or repeal the Group B Rule. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on the date last executed and shall continue unless otherwise terminated as provided for herein or by changes in law, including, but not limited to: (1) repeal of Ordinance No. 2018-011, (2) amendment of Ordinance No. 2018-011 that renders it less stringent than the Group B Rule, (3) amendment of the Group B Rule that renders Ordinance No. 2018-011 less stringent than the Group B Rule, or (4) any modification of or amendment to Chapters 70.119A and 70.116 RCW that renders this agreement null and void or impractical. The Parties may agree to amend this agreement in lieu of termination as a result of changes in law. Such amendments are not effective unless in writing and signed by both parties. COSTS Unless otherwise specified within the Agreement, any and all expenses incurred by the parties to this Agreement are the sole responsibility of the incurring party. TERMINATION Either party may terminate this Agreement upon 30 days prior written notification to the other party . IN WITNESS WHEREOF, the parties have executed this Agreement: State of Washington Department of Health (DOH) B~[j~Webley Title: Contracts Officer Contract Specialist Date: __ 13 ( I l .. APPROVED AS TO CONTENT ONLY: By: Mike Means Title: Director, Office of Drinking Water Date: 7/17/2018 DOH MOA #: CLH23577 Kittitas County Public Health Department Kittitas County Public Health Department (KCPHD) ~ Title: lnkvim A-tl mini~ Date:JJL ~ _iL Page 2 of2 Kittitas County Review Form Grants & Contract Agreement Today's Date Agenda Date 0 (Zl / I 0 07/30/2018 Fund/Department 116-Public Health Contract/Grant Information Contract /Grant Agency: MOU between DOH and KPCHD (Group B Ordinance) Period Begin Date: Upon Signature I I Period End Date: Upon Termination Total Grant/Contract Amount: None Grant/Contract Number: Contract/Grant Summary: The purpose ofthis agreement is to acknowledge that KCPHD has adopted Ordinance No. 2018-011 (ordinance regulating Group B public water systems). The ordinance is as stringent as the Group B Rule and KCPHD is fully responsible for the regulation of Group B public water systems within its jurisdiction as provided by WAC 246-291-030 (a). The mutual agreement also discusses the exchange of data and implementation between DOH and KCPHD . Recommendation for Board of Health and Board of Health Review on Kittitas County Prosecutor, Auditor, and Board of Health Review and Comment: AP P,ROVED AS TO FORM: >. (. • I Sign Date Signature of Board of Health member Date Financial Information Total Amount$ State Funds $ Federal Funds $ Percentage County Funds Matching Funds $ CFDA# Grant/Contract Review Page 1 ' In-Kind$ Explain Is Equipment being purchased? Who owns equipment? New Personnel being hired? Contact HR hiring -reporting requirements Future impacts or liability to Kittitas County: Budget Information Budget Amendment Needed? Yes • attach budget form No D Why not New Division Created? Revenue Code Pass Thro ugh Information Agency to Pass Through Amount to Pass Through $ Sub-Contract Approved Date : Prosecutor Review ] Has the Prosecutor reviewed this agreement? ] YesD No D County Departments Impacted Auditor Facilities Maintenance Information Services Human Resource Prosecutor Treasurer Submitted I Signature: Department : I Date: Assignment of Tracking Information Auditor's Office Human Resource Prosecutor's Office Who Signed the grant application I Reviewer I Date I Grant/Contract Review Page 2