HomeMy WebLinkAboutResolution 97-044-CCBOARD OF COUNTY COMMISSIONERS
Grant County, Washington
A RESOLUTION ACCEPTING THE
SUPERIOR COURT'S APPOINTMENT OF
GRANT COUNTY AS RECEIVER OF
MARINE VIEW HEIGHTS PUBLIC
WATER SYSTEM
RESOLUTION NO. 97-44-CC
BE IT RESOLVED BY THE BOARD Or COUNTY COMMISSIONERS OF GRANT
COUNTY, WASHINGTON, as follows:
WHEREAS, Marine View Heights, Inc. formerly operated a public water system (the
"System"), located in Grant County, Washington, providing domestic water service to
approximately 123 households; and
WHEREAS, the System is a"public water system" within the contemplation of applicable
statutes and regulations, and is subject to public water system requirements; and
WHEREAS, no one is currently operating the subject water delivery System; and
RES. ACCEPTING APPOINTMENT AS RECEIVER - 1
WHEREAS, by law, the System must have a responsible party operating it in order to
ensure the protection of the health of the water supply System customers; and
WHEREAS, the Washington State Department of Health (DOH) is res�onsible for the
oversight and monitoring of public water supply systems, including without limitation, the
System; and
WHEREAS, DOH administers State Board of Health regulations regarding public water
systems and drinking water laws, and is responsible for the enforcement of said laws; and
WHEREAS, DOH opined in court documents that given the poor water quality history
of the System, the fact that there is no responsible party sampling the coliform in the distribution
system, in connection with the fact that there is no responsible party monitoring the disinfection
process, represents an immediate and serious danger to the water System's customers constituting
an emergency; and
W�IEREAS, DOH further opined that it was imperative that a qualified party be
irilmediately appointed to properly operate the System, in order to protect the health of the
customers of the System; and
WHEREAS, DOH petitioned for the immediate, temporary appointment of the County
as receiver of the water System; and
WHEREAS, on March 24, 1997, a Grant County Superior Court judge entered an order
appointing Grant County as receiver of the Marine View Heights, Inc., public water system and
RES. ACCEPTING APPOINTMENT AS RECEIVER - 2
au�horizing the County, as the receiver of the System, to take such actions as are necessary to
the efficient functioning of the receivership;
WHEREAS, the Superior Court judge appointed the County as the temporary receiver the
full authority to act in the best interest of the customers of the Marine View I-ieights public water
System; and
WHEREAS, a court hearing is currently scheduled for April 4, 1997, for the Superior
Court to determine whether the County will continue to act as the receiver of the System; and
WHEREAS, the County will accept appointment as the preliminary receiver, to operate
the System in accordance with applicable rules, regulations, laws, ordinances and statutes,
including without limitation, chapter 70.119A RCW, chapter 70.119 RCW, chapter 246-290
WAC and chapter 246-292 WAC; and
WHEREAS, if the Superior Court enters a preliminary o�der appointing the County as
the receiver of the System on a more permanent basis, the County intends to contract with a
certified operator to operate and manage the System in accordance with applicable rules,
regulations, laws, ordinances and statutes, including without limitation, chapter 70.119A RCW,
chaptier 70.119 RCW, chapter 246-290 WAC and chapter 246-292 WAC,
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
(Jrant County that if the Superior Court enters a preliminary order appointing the County as the
receiver of the System on a more permanent basis, the County will accept the appointment and
RES. ACCEPTING APPOINTMENT AS RECEIVER - 3
A
make its best efforts to ensure that the System is operated in accordance with applicable rules,
regulations, laws, ordinances and statutes, including without limitation, chapter 70.119A RCW,
chapter 70.119 RCW, chapter 246-290 WAC and chapter 246-292 WAC.
ADOPTED by the Board of County Commissioners of Grant County, Washington, this
2nd day of April, 1997.
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
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L,eRoy C. Al ison, Chair
Helen Fancher, Member
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Tim Sne , Membe��
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ATTEST:
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Peggy �r g, Clerk the Board
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