19D.140.090 Dispute Resolution Procedure.
A. Lead Agency Authorized to Resolve Dispute. The Lead Agency is authorized to attempt to resolve disputes involving interpretation and validity of water service areas. The Lead Agency may attempt to resolve the disputes through meetings, negotiations, and other methods the Lead Agency deems appropriate. Support for resolution of disputes will be provided by the WUCC, the Pierce County Planning and Public Works Department, and as needed, the Tacoma-Pierce County Health Department. If a written resolution is reached within 60 days of receipt of the request, no further action shall be required.
1. Service Area Boundary Disputes. Any designated purveyor may apply to the Lead Agency to resolve service area boundary disputes as provided for below. A service area dispute may include all purveyors with approved water system plans within the Critical Water Supply Service Area who could reasonably provide water service to a disputed area.
B. Requests for Resolution. Written requests for resolution of service area boundary disputes must be submitted to the Lead Agency and shall include the following:
1. Payment of a fee as outlined in Chapter 7.20 PCC;
2. a detailed explanation of the dispute and any efforts that have already been made to resolve the dispute;
3. a complete record of available facts and documents to support the claim.
C. Notice. The Lead Agency shall notify any involved parties of the request for resolution of any meetings or public hearings regarding the dispute.
D. Lead Agency Findings. Within 60 days of receipt of a request regarding a water service area dispute, the Lead Agency shall issue findings and a proposed recommendation, if any, and make them available upon request. In preparing its findings, the Lead Agency shall consider, where appropriate, consistency with the Growth Management Act, Pierce County Countywide Planning Policies, Pierce County Comprehensive Plan, Pierce County Coordinated Water System Plan, applicable City Comprehensive Plans, and the appropriate DOH approved water system plans, together with the maximum integration and coordination of public water facilities, current and projected capital costs of new facilities, the cost differential of infrastructure expansion among competing water purveyors, not including fees and charges, engineering studies, and all reasonable options available to resolve the dispute.
E. Resolution Process.
1. If a water service area dispute is not resolved within 60 days from submittal to the Lead Agency, the Lead Agency shall forward the dispute for resolution to the Washington State Department of Health for final resolution pursuant to Chapter 246-293 WAC.