Proposed Clean Water District Ordinance

ORDINANCE NO._______________

An ordinance adding a new chapter 27.16 to Clallam County code creating the Sequim Bay Dungeness Watershed Clean Water District, establishing its boundaries, and adopting a watershed protection program.

BE IT ORDAINED BY THE BOARD OF CLALLAM COUNTY COMMISSIONERS:

C.C.C. 27.16

Shellfish Protection District

Sections:

C.C.C. 27.16.01          Purpose
C.C.C. 27.16.02          Findings of Fact
C.C.C. 27.16.03          District Creation and Name
C.C.C. 27.16.04          District Boundaries
C.C.C. 27.16.05          Adoption of a Watershed Protection Program
C.C.C. 27.16.06          Adoption of a Nonpoint Pollution Plan Addressing Shellfish Bed Closures in Dungeness Bay
C.C.C. 27.16.07          Effective Date.

C.C.C. 27.16.0 1 Purpose. The purpose of this chapter is to:

1. Create a shellfish protection district as required by RCW Chapter 90.72.
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

C.C.C. 27.16.02 Findings of Fact The Board of Clallam County Commissioners finds that the following facts require the need for adopting this ordinance:

1. The Washington State Department of Health on April 25th, 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. RCW Chapter 90.72, “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 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.

C.C.C. 27.16.03 District Creation and Name

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

C.C.C. 27.16.04 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 Ordinance, which is attached hereto and incorporated by reference.

C.C.C. 27.16.05 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.

C.C.C. 27.16.06 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.

C.C.C. 27.16.07 Effective Date. This ordinance shall take effect ten (10) days after adoption.