4-9-015 AQUIFER PROTECTION AREA PERMITS:

A. PURPOSE:

The purpose of this Section is to protect aquifers used as potable water supply sources by the City from contamination by hazardous materials. This Section establishes permit procedures, operating permits, closure permits, and uniform standards for release reporting, emergency response, closure and abandonments. (Amd. Ord. 4992, 12-9-2002)

B. APPLICABILITY:

1. Operating Permits Required: No person, persons, corporation, or other legal entities shall operate a facility in an aquifer protection area (APA) (see RMC 4-3-050Q1, Maps, Aquifer Protection) without first obtaining an operating permit from the Department. Any person who owns more than one facility in a single zone of the APA shall have the option of obtaining one permit for all operations if the operations at each facility are similar and the permit requirements under this Section are applicable to each facility individually.

2. Closure Permits Required in Zone 1: No owner of a facility in Zone 1 shall close a facility without first obtaining a closure permit to do so from the Department. The owner of a facility shall obtain a closure permit before operations requiring an operating permit cease at the facility or before the facility is sold or otherwise transferred to a new owner.

3. Reporting of Unauthorized Release of Hazardous Materials: All persons shall comply with RMC 4-3-050H10 and subsection G of this Section relating to unauthorized release of hazardous materials. (Amd. Ord. 4992, 12-9-2002)

C. EXEMPTIONS – OPERATING AND CLOSURE PERMITS:

The following land uses and activities do not require operating or closure permits, but may require compliance with other standards and regulations in RMC 4-3-050, Critical Areas Regulations.

1. Pipelines, Roadways, Railroads: Pipelines including storm and sanitary sewers and product pipelines, interstate freeways, State highways, arterials, local access streets, and railroads.

2. Cleanups, Monitoring and/or Studies under State or Federal Supervision: Cleanups, monitoring and/or studies undertaken under supervision of the Washington Department of Ecology or the U.S. Environmental Protection Agency.

3. Use, Storage, and Handling of Specific, Listed Hazardous Materials That Do Not Present a Risk to the Aquifer:

a. Hazardous Materials That Do Not Present a Risk to the Aquifer: Use, storage, and handling of specific hazardous materials that do not present a risk to the aquifer as determined and listed by the Department are exempt from all regulation under this Section with the exception of the requirement to list these hazardous materials on the hazardous materials inventory statement as provided by RMC 4-8-120D15a, Operating Permit Application, Aquifer Protection Area.

b. Sale of Hazardous Materials in Original, Small Containers: Hazardous materials offered for sale in their original containers of five (5) gallons or less.

c. Hazardous Materials in De Minimis Amounts: Hazardous materials use, storage, and handling in de minimis amounts (aggregate quantities totaling twenty (20) gallons or less at the facility). Hazardous material weights shall be converted to volumes for purposes of determining whether de minimis amounts are exceeded. Ten (10) pounds shall be considered equal to one gallon.

d. Hazardous Materials Contained in Properly Operating Sealed Units: Hazardous materials contained in properly operating sealed units (transformers, refrigeration units, etc.) that are not opened as part of routine use.

e. Residential Use, Storage, and Handling of Hazardous Materials: Noncommercial residential use, storage, and handling of hazardous materials provided that no home occupation business (as defined by chapter 4-11 RMC, Definitions) that uses, stores, or handles more than twenty (20) gallons of hazardous material is operated on the premises.

f. Fuel Tanks and Fluid Reservoirs Attached to Motor Vehicle: Hazardous materials in fuel tanks and fluid reservoirs attached to a private or commercial motor vehicle and used directly in the operation of that vehicle.

g. Fuel Oil: Fuel oil used in existing heating systems.

h. Emergency – Governmental Organization: Public interest emergency use, storage, and handling of hazardous materials by governmental organizations.

i. Water Treatment and Water System Use: Hazardous materials used, stored, and handled by the City of Renton in water treatment processes and water system operations.

j. Fueling of Equipment Not Licensed for Street Use: Fueling of equipment not licensed for street use provided that such fueling activities are conducted in a containment area that is designed and maintained to prevent hazardous materials from coming into contact with soil, surface water, or groundwater.

k. Hazardous Materials in Equipment Fuel Tanks: Hazardous materials in fuel tanks attached to private or commercial equipment and used directly in the operation of that equipment.

l. Hazardous Materials in Aerosol Cans.

m. Hazardous Materials at Specified Facilities: Hazardous materials at multi-family dwellings, hotels, motels, retirement homes, convalescent centers/nursing homes, mobile or manufactured home parks, group homes, and daycare family homes or centers when used by owners and/or operators of such facilities for on-site operation and maintenance purposes.

n. Janitorial Supplies: Hazardous materials used for janitorial purposes at the facility where the products are stored.

o. Personal Care Products: Hazardous materials used for personal care by workers or occupants of the facility at which the products are stored including but not limited to soaps, hair treatment, grooming aids, health aids, and medicines. (Amd. Ord. 4992, 12-9-2002)

D. ADMINISTRATION:

The Community and Economic Development Administrator shall have the power and authority to administer and enforce the provisions of this Chapter. (Amd. Ord. 4992, 12-9-2002; Ord. 5676, 12-3-2012)

E. OPERATING PERMIT:

1. Submittal Requirements and Fees: Submittal requirements shall be as listed in chapter 4-1 RMC, Administration and Enforcement, and RMC 4-8-120, Submittal Requirements – Specific to Application Type. There is no fee for an operating permit. (Amd. Ord. 4992, 12-9-2002)

2. Operating Permit Criteria – Zones 1 and 2:

a. Criteria – Zones 1 and 2: The Department shall not issue an operating permit for a facility unless adequate plans, specifications, test data, and/or other appropriate information has been submitted by the owner showing that the proposed design and construction of the facility meets the intent and provisions of this Section and RMC 4-3-050, Critical Areas Regulations, and will not impact the short term, long term or cumulative quantity or quality of groundwater.

b. Additional Criteria – Zone 1: In Zone 1 of an APA, no change in operations at a facility shall be allowed that increases the quantities of hazardous materials stored, handled, treated, used, or produced in excess of quantities reported in the initial aquifer protection area operating permit with the following exception: An increase in the quantity of hazardous materials is allowed up to the amount allowed for a new facility in Zone 1 as provided by RMC 4-3-050C8d(i), Prohibited Activities – Aquifer Protection Areas.

3. Operating Permits – Conditions for Zone 1 and 2: Specific conditions for operating permits issued to facilities in Zones 1 and 2 of an APA are described in RMC 4-3-050H, Aquifer Protection. The following general conditions in subsections E3a, b, c, and d, and E4 through E6 of this Section shall be included as part of any operating permit issued pursuant to this Section:

a. In-House Inspection and Maintenance: Procedures for the in-house inspection and maintenance of containment devices and areas where hazardous materials are stored, handled, treated, used, and produced shall be identified in the operating permit for each facility. Such procedures shall be in writing, and a log shall be kept of all inspection and maintenance activities. Such logs shall be submitted to the Department annually and shall be available for inspection. Inspection and maintenance logs shall be maintained on-site by the owner for a period of at least three (3) years from the date the monitoring was performed.

b. Changes to Facility – Responsibility to Report: The permittee shall report to the Department within fifteen (15) days after any changes in a facility including:

i. The storage, handling, treatment, use, or processing of new hazardous materials;

ii. Changes in monitoring procedures; or

iii. The replacement or repair of any part of a facility that is related to the hazardous material(s).

c. Unauthorized Release – Responsibility to Report: The permittee shall report to the Department any unauthorized release occurrence, within twenty four (24) hours of its detection, in accordance with subsection H2a of this Section.

d. Compliance with Inspection Report: Within thirty (30) days of receiving an inspection report from the Department, the operating permit holder shall file with the Department a plan and time schedule to implement any required modifications to the facility or to the monitoring plan needed to achieve compliance with the intent of this Chapter or the permit conditions. This plan and time schedule shall also implement all of the recommendations of the Department.

4. Effect of Operating Permit: An operating permit, issued by the Administrator, shall be effective for one year. A permit to operate a facility shall not be issued until it is determined that the facility complies with the provisions of these regulations. If an inspection of the facility reveals noncompliance, then the Administrator must verify by a follow-up inspection that all required corrections have been implemented before renewing the permit. The facility owner shall apply to the Department for permit renewal at least sixty (60) days prior to the expiration of the permit. (Ord. 5676, 12-3-2012)

5. Operating Permit Renewal: All aquifer protection area operating permits must be renewed by the Department on an annual basis.

6. Transferability: Operating permits may be transferred to a new facility owner if the new facility owner does not change any conditions of the permit, the transfer is registered with the Department within thirty (30) days of the change in ownership, and any necessary modifications are made to the information in the initial permit application due to the change in ownership.

F. CLOSURE PERMIT:

1. Submittal Requirements and Fees: Submittal requirements shall be as listed in chapter 4-1 RMC, Administration and Enforcement, and RMC 4-8-120, Submittal Requirements – Specific to Application Type. There is no fee for a closure permit.

2. Closure Permits and Permit Conditions – Zone 1:

a. Closure Permit Application Required for Facilities: A closure permit application shall include:

i. A list of hazardous materials to be removed from premises, the method of removal, and the final destination (include product names and quantities);

ii. A list of potentially contaminated equipment and/or containment devices to be removed from premises and a description of the method of disposal or recycling;

iii. A plan prepared by a professional engineer or geologist licensed in the State of Washington to investigate the facility to determine whether it is free of contamination exceeding Model Toxics Control Act (MTCA) standards (chapter 173-340 WAC), to report findings to the Water Utility, and to describe remediation needed, if any, according to said standards and RMC 4-9-015G;

iv. A written agreement between the owner, the property owner, and the purchaser or other recipient, in lieu of subsections F2a(i) and (ii) of this Section, stating that the owner will not remove hazardous materials and containment devices from the facility because all agree that the materials and devices are needed to continue to operate the facility;

v. A schedule for implementation of subsections F2a(i) and (ii) of this Section and the investigation described in subsection F2a(iii).

b. No Detectable Unauthorized Releases: The owner of a facility being closed shall demonstrate to the satisfaction of the Department that no detectable unauthorized release has occurred or that unauthorized releases have been cleaned up. Cleanup shall be considered to be complete when, according to the best available scientific evidence, the risk of causing the city water supply to fail to meet Washington State drinking water quality standards has been removed and the cleanup meets the Model Toxics Control Act Cleanup Regulation (chapter 173-340 WAC). This demonstration can be based on the ongoing leak detection monitoring, groundwater monitoring, or soils sampling performed during or immediately after closure activities.

c. Determination of Unauthorized Release: If an unauthorized release is determined to have occurred, the facility owner shall comply with subsection G of this Section, Unauthorized Releases.

d. Completion of Facility Closure: Facility closure will be accepted as complete by the Department upon implementation of the closure permit conditions and compliance with all other provisions of the Section.

e. Time to Complete Closure: Facility closure must be completed according to a timetable and permit conditions determined by the Department and shall, in all cases, be completed within one year of the date when a closure permit is required. (Amd. Ord. 4992, 12-9-2002)

G. UNAUTHORIZED RELEASES:

1. Unauthorized Release Prohibited, Reporting Required: Hazardous materials shall not be spilled, leaked, emitted, discharged, disposed, or allowed to escape or leach into the air, into groundwater, surface water, surface soils or subsurface soils. Exception: Intentional withdrawals of hazardous materials for the purpose of legitimate sale, use, or disposal and discharges permitted under Federal, State, or local law. All unauthorized releases as defined in RMC 4-11-210, Definitions U, shall be reported to the Department within twenty four (24) hours of discovery that the release has occurred. Unauthorized releases shall be reported by the person or persons responsible for the release and/or the owner of the property on which the release has occurred.

2. Unauthorized Releases from Facilities – Report Time and Content:

a. Requirement to Report within Twenty Four (24) Hours: Unauthorized releases shall be reported to the Department within twenty four (24) hours of discovery of the occurrence and shall be recorded in the owner’s inspection and maintenance log.

b. Unauthorized Release Report: The report shall contain the following information that is known at the time of filing the report:

i. List of type, quantity, and concentration of hazardous materials released.

ii. The results of all investigations completed at the time to determine the extent of soil or groundwater or surface water contamination because of the release.

iii. Method of cleanup implemented to date and proposed cleanup actions.

iv. Method and location of disposal of the released hazardous material and any contaminated soils, groundwater, or surface water.

v. Proposed method of repair or replacement of the containment device.

vi. Facility owner’s name and telephone number.

c. Cleanup Progress Reports: Until cleanup is complete, the owner shall submit reports to the Department every month or at a more frequent interval specified by the Department. The reports shall include the information requested in this Section. Cleanup shall be considered to be complete when, according to the best available scientific evidence, the risk of causing the City water supply to fail to meet State drinking water quality standards has been removed and the cleanup meets the Model Toxics Control Act Cleanup Regulation (chapter 173-340 WAC).

3. Monitoring Results:

a. Detection and Prevention of Further Contamination: Semi-annually, or more frequently, the Department may review all site monitoring results submitted by owners in an APA. The Department may require the owner to immediately accomplish the following if a hazardous material is detected in an owner’s monitoring well(s), surface water runoff, and/or site soils and the concentration exceeds Model Toxics Control Act Cleanup Standards as provided in chapter 173-340 WAC or if, according to the best available scientific information, the concentration may cause the City water supply to fail to meet State drinking water quality standards:

i. Locate and determine the source of the hazardous material detected.

ii. Stop and prevent any further unauthorized release(s), of the hazardous material detected, if under the control of the owner.

iii. Comply with the requirements for an unauthorized release(s) from a facility. (Amd. Ord. 4992, 12-9-2002)

b. Owners Proving Nonresponsible: The owner shall not be subject to this mandatory action specified in subsection G3a of this Section, Detection and Prevention of Further Contamination, if the owner can present acceptable technical data that substantiates that it is not responsible for the violation.

c. Remedy: The facility owner or other person responsible for an unauthorized release and/or the owner of the property on which a release of hazardous materials has occurred shall initiate and complete all actions necessary to remedy the effects of such release on the City of Renton water supply at no cost to the City. If an unauthorized release causes or is expected, according to the best available scientific evidence, to cause the drinking water supply of the City of Renton to fail to comply with State drinking water quality standards, and if the facility owner or other person responsible for an unauthorized release and/or the owner of the property on which the release has occurred fails to address the unauthorized release in a timely manner, the Department or its authorized agents shall have the authority to implement removal or remedial actions. Such actions may include, but not be limited to, the prevention of further groundwater contamination; installation of groundwater monitoring wells; collection and laboratory testing of water, soil, and waste samples; cleanup and disposal of hazardous materials, and remediation of soil and/or groundwater. The facility owner or other person responsible for an unauthorized release and/or the owner of the property on which the release has occurred shall be responsible for any costs incurred by the Department or its authorized agents in the conduct of such remedial actions and shall be responsible for City expenses incurred due to the unauthorized release including but not limited to removal and/or remedial actions, water supply operations, replacement of wells, and water treatment.

d. Additional Federal, State, and Local Laws: Reporting a release to the Department does not exempt or preempt any other reporting requirements under Federal, State, or local laws.

H. PERMIT SUSPENSION OR REVOCATION:

1. Operating Permit Suspension: The Department may, without warning or hearing, suspend an operating permit if continued operation of the facility constitutes an immediate threat to the aquifer or if violations have not been corrected within the time specified in an inspection report. Suspension is effective upon service of notice in writing to the owner or the person in charge at the facility that the permit is immediately suspended and that an opportunity for a hearing on the validity of the suspension will be provided if a written request for hearing is filed with the Administrator by the owner within ten (10) days after the suspension. The filing of a written request for hearing shall not stay the effectiveness of the suspension. When an operating permit is suspended, facility operations shall immediately cease.

2. Operating Permit Reinstatement After Suspension: The owner whose operating permit has been suspended may submit to the Department, within ten (10) days of notice of permit suspension or within twenty (20) days of a hearing, if one is requested, a written application for an inspection and reinstatement of a suspended permit. The application shall include a statement signed by the applicant that, in his or her opinion, the conditions causing suspension of the permit have been corrected. The Department shall, within five (5) working days following the receipt of the application, inspect the facility. The permit shall be reinstated within five (5) working days of the inspection if the facility is in complete compliance with RMC 4-3-050, Critical Areas Regulations, as determined by the Department.

3. Operating Permit Revocation: The Department may revoke an operating permit if the owner does not apply for a reinspection or hearing within ten (10) days of permit suspension, if the owner does not apply for a reinspection within twenty (20) days of a hearing, for repeated violations of any of the requirements of RMC 4-3-050, Critical Areas Regulations, for interference with the Department in the performance of duty, for submitting false or inaccurate information, and for intentional unauthorized release of hazardous materials within the APA. Prior to revocation, the Department shall notify, in writing, the owner of the specific reason(s) for which the permit is to be revoked and that the permit shall be revoked at the end of the tenth day following service of such notice unless a written request for hearing with the Administrator is filed with the Department by the owner within ten (10) days after the date of service, in which case the revocation shall be stayed until the issuance of a final decision following the hearing. When an operating permit is revoked, facility operations shall immediately cease. The decision as to whether an unauthorized release of hazardous materials by the owners was intentional shall be made by the Administrator. (Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012)

4. Application for Closure Permit Following Operating Permit Revocation: The owner of a facility whose operating permit has been revoked shall immediately apply for a closure permit and shall comply with closure requirements and closure permit conditions according to a schedule determined by the Department.

5. Application for Operating Permit Following Revocation: The owner of a facility for which the operating permit has been revoked may make written application for a new permit. The owner of a facility for which the operating permit has been revoked for reasons including but not limited to accidental or intentional unauthorized release of hazardous materials into the APA may be permanently banned by the Administrator from obtaining an operating permit for the same facility or another facility at any location in the APA.

I. APPEAL:

Administrative determinations or permit decisions shall be subject to appeal pursuant to RMC 4-8-110, Appeals. (Ord. 4851, 8-7-2000)