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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 � _.._... � < - L,eRoy C. Al ison, Chair Helen Fancher, Member -- - _ _ �,�, fUc,.� �>-t.. Tim Sne , Membe�� ..--"'� ATTEST: ..� .. Peggy �r g, Clerk the Board RES. ACCEPTING APPOINTMENT AS RECEIVER - 4