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40.410.030 Administration
A. CARA Permit Requirements.
1. To receive a CARA permit, the applicant must demonstrate, through a Level 1 site evaluation report, how they will integrate necessary and appropriate best management practices to prevent degradation of groundwater. The applicant must also meet existing local, state, and federal laws and regulations.
2. If an applicant wants to avoid implementation of best management practices (BMPs), they must submit a Level 2 site evaluation report and develop and implement a monitoring program that:
a. Demonstrates how the applicant will prevent degradation to groundwater. The applicant must also meet existing local, state and federal laws and regulation; and
b. Includes quarterly reporting to the department. The department will evaluate the monitoring program and may require periodic changes based on the monitoring results, new technology, and/or BMPs.
3. Applicants that agree to implement all relevant BMPs are exempt from preparing a site evaluation report. Applicants will demonstrate how the implementation of BMPs will be used to prevent degradation to groundwater and will submit quarterly monitoring reports to the department.
(Amended: Ord. 2005-04-15)
B. Level 1 Site Evaluation Report/Approval Criteria.
1. For all proposed activities to be located in a critical aquifer recharge area, the site evaluation report shall include a Level 1 hydrogeological assessment. The site evaluation report and assessment shall be done by, or under the direction of, and signed by a qualified groundwater professional who is a hydrogeologist, geologist or engineer, who is licensed in the state of Washington and who has experience in preparing hydrogeologic assessments. The report will identify appropriate BMPs and show how they will prevent degradation of groundwater. Examples of BMPs are described in the guidance documents in Section 40.410.040(A)(4).
2. The report will identify how the applicant will follow the requirements of the Model Toxics Control Act, Chapter 173-340 WAC, and the Dangerous Waste Regulations, Chapter 173-303 WAC, in the event hazardous material is released onto the ground or into groundwater.
3. The report will include site specific hydrogeologic information to support a conclusion of no degradation to groundwater. Hydrogeologic information is available from existing U.S. Geological Survey reports (A Description of Hydrogeologic Units in the Portland Basin, Oregon and Washington, Water-Resources Investigation Report 90-4196); U.S. Department of Agriculture, Natural Resources Conservation Service (Soil Survey of Clark County, Washington, 1972); Clark County; the Clark County Health Department; and from local purveyors.
4. The report will be reviewed by the department, in consultation with the Clark County Health Department and the local water purveyor, in conjunction with the same process as the primary development permit. If approved, the applicant will receive a CARA permit allowing the activity on the subject property.
(Amended: Ord. 2005-04-15)
C. Level 2 Site Evaluation Report/Approval Criteria.
1. A qualified groundwater professional as defined in Section 40.420.030(B)(1) will determine whether the proposed activity will have any adverse impacts on groundwater in CARAs. This determination must be based upon the requirements of the Safe Drinking Water Act and the Wellhead Protection Area Program, Public Water Supplies, Chapter 246-290 WAC; Groundwater Quality Standards for the State of Washington, Chapter 173-200 WAC; and Dangerous Waste Regulations, Chapter 173-303 WAC. By this reference, Chapters 173-200, 173-303, and 246-290 WAC, as written and hereafter updated, will be part of this chapter. Chapters 173-303, 173-200, and 246-290 WAC shall be available for review at the Community Development department, Public Works department, and Health department; and at local water purveyors. Copies shall be available for a fee at Community Development department and the Public Works department. Copies will also be provided to local public libraries.
2. The Level 2 site evaluation report will include the following:
a. Identification of the proposed development plan, along with potential impacts (e.g., on-site septic systems and other on-site activities) that may adversely impact groundwater quality underlying or down gradient of the project or project area;
b. Site plans or diagrams at an appropriate scale (1:2,400 or one (1) inch to two hundred (200) feet) showing the location of abandoned and active wells, springs, and surface water bodies within one thousand (1,000) feet of the project or project area; and
c. A description of the geologic and hydrologic characteristics of the subject property including the following:
(1) Lithologic characteristics and stratigraphic relationships;
(2) Aquifer characteristics including recharge and discharge areas, depth to and static water-flow patterns, and an estimate of groundwater-flow velocity;
(3) Contaminant fate and transport including probable migration pathways and travel time of a potential contaminant release from the site through the unsaturated zone to the aquifer(s) and through the aquifer(s), and how the contaminant(s) may be attenuated within the unsaturated zone and the aquifer(s);
(4) Appropriate hydrogeologic cross-sections which depict lithology, stratigraphy, aquifer, units, potential or probable contaminant pathways from a chemical release, and rate of groundwater flow;
(5) Existing groundwater quality; and
(6) A proposal for quarterly monitoring of groundwater quality to detect changes and a description of corrective actions that will be taken if monitoring results indicate contaminants from the site have entered the underlying aquifer(s).
3. The report will be reviewed by the department, in consultation with the Clark County Health Department and the local water purveyor, in conjunction with the same process as the primary development permit. If approved, the applicant will receive a CARA permit allowing the activity on the subject property.
(Amended: Ord. 2005-04-15)
D. Appeals.
Appeals of county decisions under this chapter may be filed under the provisions of Chapter 40.510.
(Amended: Ord. 2005-04-15)
E. Penalties.
Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with any of the provisions of this chapter shall be subject to penalties as defined in Chapter 70.119A RCW; Chapters 173-200 and 246-290 WAC; Title 32 of this code; and other local, state, and federal laws.
(Amended: Ord. 2005-04-15)