18.65.315 Critical aquifer recharge areas – Development regulations

18.65.315 Critical aquifer recharge areas – Development regulations.

(1) Any proposed development located in critical aquifer recharge areas shall submit a hazardous materials inventory statement with a permit, land use, or business license application. Ongoing operation and maintenance activities of public wells by public water providers are exempt from these requirements.

(2) The City will review the hazardous materials inventory statement along with the permit, land use, or business license application to determine whether hazardous materials will be used, stored, transported or disposed of in connection with the proposed activity. The City shall make the following determinations and apply the appropriate capture zone protection measures:

(a) No hazardous materials are involved;

(b) Hazardous materials are involved; however, existing laws or regulations adequately mitigate any potential impact, and documentation is provided to demonstrate compliance; or

(c) Hazardous materials are involved and the proposal has the potential to significantly impact critical aquifer recharge areas. The City may require a hydrogeologic assessment with a critical areas report to be prepared by a qualified professional in order to determine the potential impacts of contamination on the aquifer. The report shall include the following site and proposal-related information:

(i) Information regarding geologic and hydrogeologic characteristics of the site, including the surface location of the capture zone in which it is located and the type of infiltration of the site;

(ii) Ground water depth, flow direction, and gradient;

(iii) Location of other critical areas, including surface waters, within 200 feet of the site;

(iv) Best management practices and integrated pest management proposed to be used, including:

(A) Predictive evaluation of ground water withdrawal effects on nearby wells and surface water features;

(B) Predictive evaluation of contaminant transport based on potential releases to ground water; and

(3) A spill containment and response plan may be required to identify equipment and/or structures that could fail, and shall include provisions for inspection as required by the applicable State regulations.

(4) A ground water monitoring plan may be required to monitor quality and quantity of ground water, surface water runoff, and/or site soils. The City may require the owner of a facility to install one or more ground water monitoring wells to accommodate the required ground water monitoring. Criteria used to determine the need for site monitoring shall include, but not be limited to, the proximity of the facility to production or monitoring wells, the type and quantity of hazardous materials on site, and whether or not the hazardous materials are stored in underground vessels.

(5) The City may employ an outside consultant at the applicant’s expense for third-party review of the critical areas report, hydrogeologic assessment, the spill containment and response plan, and the ground water monitoring plan.

(6) The following new development proposals and alterations are not allowed on a site if any portion of the site is located in a Category I critical aquifer recharge area:

(a) Transmission pipelines carrying petroleum or petroleum products;

(b) Sand and gravel, and hard rock mining on land that is not zoned for mining;

(c) Mining of any type below the upper surface of the saturated ground water that could be used for potable water supply;

(d) Processing, storage, and disposal of radioactive wastes, as defined in Chapter 43.200 RCW;

(e) Hydrocarbon extraction;

(f) Commercial wood treatment facilities on permeable surfaces;

(g) Underground storage tanks with hazardous substances, as defined in Chapter 70.105 RCW;

(h) Above-ground storage tanks for hazardous substances, as defined in Chapter 70.105 RCW, unless protected with primary and secondary containment areas and a spill protection plan;

(i) Golf courses;

(j) Cemeteries;

(k) Wrecking yards;

(l) Landfills for hazardous waste, municipal solid waste, or special waste; and

(m) On lots smaller than one acre, on-site septic systems that are not approved by the Washington State Department of Health and either:

(i) Do not use an up-flow media filter system or a proprietary packed-bed filter system; or

(ii) Are not designed to achieve approximately 80 percent total nitrogen removal for typical domestic wastewater.

(7) The following new development proposals and alterations are not allowed on a site if any portion of the site is located in a Category II critical aquifer recharge area:

(a) Mining of any type below the upper surface of the saturated ground water that could be used for potable water supply;

(b) Processing, storage, and disposal of radioactive wastes, as defined in Chapter 43.200 RCW;

(d) Commercial wood treatment facilities located on permeable surfaces;

(e) Underground storage tanks with hazardous substances, as defined in Chapter 70.105 RCW, that do not meet the requirements of Chapter 173-360 WAC and the International Fire Code;

(f) Above-ground storage tanks for hazardous substances, as defined in Chapter 70.105 RCW, unless protected with primary and secondary containment areas and a spill protection plan;

(g) Wrecking yards;

(h) Landfills for hazardous waste, municipal solid waste, or special waste; and

(i) On lots smaller than one acre, on-site septic systems that are not approved by the Washington State Department of Health and either:

(i) Do not use an up-flow media filter system or a proprietary packed-bed filter system; or

(ii) Are not designed to achieve approximately 80 percent total nitrogen removal for typical domestic wastewater.

(8) The following new development proposals and alterations are not allowed on a site if any portion of the site is located in a Category III critical aquifer recharge area:

(a) Processing, storage, and disposal of radioactive wastes, as defined in Chapter 43.200 RCW;

(b) Hydrocarbon extraction;

(d) Underground storage tanks with hazardous substances, as defined in Chapter 70.105 RCW, that do not meet the requirements of Chapter 173-360 WAC and the International Fire Code;

(e) Above-ground storage tanks for hazardous substances, as defined in Chapter 70.105 RCW, unless protected with primary and secondary containment areas and a spill protection plan;

(f) Wrecking yards; and

(g) Landfills for hazardous waste, municipal solid waste, or special waste.

(9) The following standards apply to development proposals and alterations that are substantial improvements on a site if any portion of the site is located in a critical aquifer recharge area:

(a) The owner of an underground storage tank in a Category I critical aquifer recharge area shall properly decommission or remove the tank; and

(b) The owner of an underground storage tank in a Category II or III critical aquifer recharge area shall meet the requirements of Chapter 173-360 WAC and the International Fire Code or shall properly decommission or remove the tank.

(10) In any critical aquifer recharge area, the property owner shall properly decommission an abandoned well.

(11) On sites located in a critical aquifer recharge area, development proposals and alterations for new development, including, but not limited to, a subdivision, short subdivision, commercial site development, binding site plan, or dwelling unit, shall incorporate best management practices pursuant to the stormwater manuals adopted in Chapter 13.25 CMC into the site design in order to manage stormwater runoff.

(12) The City may approve a development proposal otherwise prohibited by subsection (6), (7) or (8) of this section if the applicant demonstrates through a critical areas report that the development proposal is located outside of the critical aquifer recharge area and that the development proposal will not cause an unmitigated significant adverse environmental impact to the critical aquifer recharge area. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))