BOH minutes 082808 - Laserfiche WebLink

Browse Search

MINUTES ORANGE COUNTY BOARD OF HEALTH August 28, 2008 Board of Health Minutes Transcription completed by Anne Miles Cassell 5 August 28, 2008 Motion to recommend appointment of Mr. Michael Wood at the At-Large Representative to the Board of Health and forward the recommendation to the Board of County Commissioners was made by Anissa Vines, seconded by Jessica Lee, and was carried without dissent. B. Local Rules in Environmental Health The implementation of the statewide well rules requires that environmental health specialists working in local health departments are properly trained, qualified, and are delegated authority by Department of Environment and Natural Resources (DENR) to implement and enforce the state rules. This is true for all Environmental Health (EH) programs that operate under state rules. Until recently, it was our understanding that the state would also delegate authority for staff implementing our local well program as has been the case for staff enforcing our local onsite wastewater program. EH staff provided the documentation of qualified experience, passed the exam administered by DENR, and applied for delegation of authority to DENR. While there has been no official action on the applications, a guidance letter indicates that they will not be granting authority for local programs. Dr. Summers has requested a specific response to the Orange County applications. On the advice of the county attorney, the Board did not adopt the state well rules by reference. The Orange County rules that were adopted in June 2008, while more specific and stringent than the state rules, are being enforced concurrent with the state rules. It is the Department’s opinion that authorization is desirable and warranted in order to assure that minimum and standardized qualifications are met for the enforcement of the portion of the Orange County program that is equivalent to the state rules. While the State’s refusal to grant authorization for staff is understandably a move to reduce their liability through state tort claims, it causes many problems for local health departments, including: • A disadvantage in recruitment of candidates from other counties who would have to surrender their authorization to work in a county with a local well program • A disadvantage to our staff lacking well authorization who may want to seek opportunities in other counties with a state well program • Inability of staff to work in other counties during disaster relief efforts or for contract work • Lack of standardized program reviews administered by the state that assure appropriate implementation of programs • If delegation of authority by DENR is not required to implement a well program, there is cause for concern that some counties may divest well programs away from the health departments and boards of health and • DENR will also likely revoke authorization for counties that choose to adopt local rules for on-site wastewater. In addition, this puts the state in a position of not being able to assure that local well programs are carried out in accordance with the required minimum standards. Rosemary Summers suggested that the Board request the County Attorney’s review of the matter and to provide a legal opinion as to whether the State’s response affects the ability of Boards of Health to adopt and implement local rules.