Washington Administrative Code › Title 399 - Commerce, Department of (Public Works Board) › Chapter 399-30 - Public works loans and pledges › Section 399-30-033 - How will the board address a "public health need" under RCW 43.155.070?

Current through Register Vol. 24-14, July 15, 2024
"Public health need" means that a situation exists that causes
				or is about to cause a real, documented, acute public health need related to
				the state's air, water, or soil that contributes to injuries or deaths on
				public highways, or risk of a public health emergency due to contaminated
				domestic water, the failure of a sanitary sewer system, storm sewer system, or
				solid waste or recycling system; and the problem generally involves a discrete
				area including, but not limited to, a county, city, subdivision, or an area
				serviced by on-site wastewater disposal systems.
In determining whether a project is necessary to address a
				public health need, the board shall consider the following factors:
(1) For bridge or road projects - Whether
			 injury or fatal injury motor or nonmotorized vehicle traffic collisions at a
			 specific site, roadway control section, or area have occurred at a rate to be
			 in the top five percent of all such collisions within the applicant
			 jurisdiction for the most recent three-year period; and whether the proposed
			 public works project will eliminate or reduce the likelihood of such vehicle
			 collisions. Applicants applying under this subsection may utilize
			 jurisdiction-wide accident data, or break the data down into arterial or
			 nonarterial roads, intersection or nonintersection, and for intersections,
			 whether they are signalized or nonsignalized.
(2) For domestic water projects - Whether a
			 drinking water system regulated by the department of health has been
			 contaminated or is in imminent danger of being contaminated to the extent of
			 creating a public health risk and; whether the proposed public works project
			 will eliminate or reduce the chance of contamination.
(3) For sanitary sewer projects - Whether
			 failure of existing wastewater system or systems, including on-site systems,
			 has resulted in contamination being present on the surface of the ground in
			 such quantities and locations so as to create a potential for public contact;
			 or whether contamination of a commercial or recreational shellfish bed so as to
			 create a public health risk associated with the consumption of the shellfish,
			 or contamination of surface water so as to create a public health risk
			 associated with recreational use; and whether the proposed public works project
			 will eliminate or reduce the danger of such public health risk.
(4) For storm sewer projects - Whether
			 failure of an existing storm sewer system has caused or is in imminent danger
			 of causing localized flooding which disrupts critical public services; causes
			 disease, illness, or attraction of rodents so as to create a public health
			 risk; or contamination of a commercial or recreational shellfish bed so as to
			 create a public health risk associated with the consumption of the shellfish,
			 or contamination of surface water so as to create a public health risk
			 associated with recreational use and; whether the proposed public works project
			 will eliminate or reduce the danger of localized flooding which disrupts
			 critical public services or causes a public health risk.
(5) For solid waste or recycling projects -
			 Whether failure of an existing solid waste or recycling system has caused or is
			 in danger of causing groundwater contamination; causes disease, illness, or
			 attraction of rodents so as to create a public health risk and; whether the
			 proposed public works project will eliminate or reduce the danger of such
			 public health risk.
(6) For all
			 projects - Whether more efficient operation of an existing system, changing
			 public access, or modifying other regulatory standards (e.g., reduced speed
			 limits, water conservation measures, rodent control, restricted shellfish
			 harvesting) is likely to provide the same or similar level of
			 resolution.
(7) For all projects -
			 Whether the public health problem is caused by failure to maintain or
			 periodically replace, reconstruct, or rehabilitate a public works
			 system.
(8) For all projects -
			 Other factors the board finds on the record are significant in light of facts
			 and circumstances unique to the project.
(9) The factors enumerated in subsection (1)
			 of this section must be addressed in a letter of request, with supporting
			 documentation, addressed to the chair of the board and signed by the public
			 official who signed the application for financial assistance.
(10) The factors enumerated in subsections
			 (2) through (5) of this section must be addressed in a letter of request, with
			 supporting documentation, addressed to the secretary of the Washington state
			 department of health and signed by the public official who signed the
			 application for financial assistance. A determination of a public health need
			 may be made by the secretary, or designee, and addressed to the same public
			 official. The board will consider the determination of the secretary. The board
			 will also consider information presented on factors enumerated in subsections
			 (6) through (8) of this section, which must be documented in a manner
			 acceptable to the board.
Statutory Authority:
				  RCW
				  43.155.040(4). 07-05-029,
				  §
										399-30-033, filed 2/13/07,
				  effective 3/16/07; 99-09-020, §
										399-30-033, filed 4/14/99,
				  effective 5/15/99.