Chapter 21.66
AQUIFER RECHARGE AREAS
Sections:
21.66.040 Classification of aquifer recharge areas.
21.66.050 Prohibited uses and activities.
21.66.060 Uses requiring an aquifer recharge area protection permit.
21.66.070 Standards for aquifer recharge area protection permit.
21.66.080 BMP monitoring and inspection.
21.66.110 Reclassification of specific land use activity.
21.66.130 Residential requirements—Public education—Notice.
21.66.140 Protection of private wells.
21.66.150 Secondary containment and recycling of hazardous materials.
21.66.010 Findings.
The city council finds the following:
A. Groundwater supplies the drinking water used by the citizens of Shelton and the water critical to commerce.
B. The city shall designate and protect critical aquifer recharge areas used for potable water pursuant to Chapter 36.70A RCW.
C. Experience throughout the state and nation is that a major cause of potential groundwater contamination is from accidental or improper release of hazardous substances resulting from spills, leaks or discharges. As future growth and development occur, groundwater will become increasingly important. The safety and potability of the community’s water supply requires that lands near to public and private water supply wells and their recharge areas be subject to source control regulations designed to prevent such spills, leaks or discharges or to prevent uses injurious to the public water supply.
D. Adequate protection of the quality and quantity of potable water supplies is in the short and long term economic interest of the community.
E. Due to the large number of individuals and commercial interests dependent on groundwater as their principal source of drinking water and the possibility of contamination, the council finds that providing the protections contained herein serves the public health, safety and general welfare. (Ord. 1921-0518 (part), 2018; Ord. 1516-0499 § 1 (part), 1999: Ord. 1492-0298 § 1 (part), 1999)
21.66.020 Intent.
A. The intent of this chapter is to designate areas and provide regulations for the purpose of protecting areas within the city critical to maintaining groundwater recharge quantity and quality for current use and future generations. These actions are intended to satisfy the requirements of the Growth Management Act, Water Pollution Act, Water Resources Act of 1971, and Ground Water Quality Standards as well as the city’s responsibility to its citizens to guarantee continued water quality and adequate supply.
B. This chapter shall define and employ a scientifically valid methodology by which the city will designate such areas and create such regulations. Regulations will be enacted when development within these areas is proposed to occur.
C. The intent of this language is to clearly convey the purpose of this chapter, which is to define and regulate aquifer recharge areas. However, it is also intended that this chapter is holistic in nature. By addressing the specific requirements of the Growth Management Act, it also addresses local response to larger issues of groundwater protection specified in the Water Pollution Control Act and Water Resources Act of 1971, and is in conformance with Washington’s antidegradation policy. (Ord. 1516-0499 § 1 (part), 1999: Ord. 1492-0298 § 1 (part), 1999)
21.66.030 Definitions.
For the purposes of this chapter, the following definitions apply:
“AKART” means “all known and available reasonable technologies.”
“Aquifer” means a groundwater-bearing geologic formation or formations that contain enough saturated permeable material to yield significant quantities of water to wells or springs (source: Chapter 173-100 WAC).
“Best management practices” means those physical, structural and managerial practices, and prohibitions of practices, that when used singly, or in combination, can prevent pollution to groundwater and surface water (Source: Stormwater Program Guidance Manual for the Puget Sound Basin, Volumes 1 and 2, #92-32 and 92-33, WDEO, 1992).
“Class V injection well” means a drywell used for collection of stormwater (source: Federal Register, Monday, August 28, 1995, Volume 60, No. 166, Part IV,
Environmental Protection Agency—40 CFR, Part 144 and 146, Table 1, Categories of Class V Injection Wells, page 44653). A Class I injection well is a well used for injection of industrial, commercial or municipal waste fluids. A Class II injection well is a well used in natural gas and oil exploration or production. A Class III injection well is a well used for extraction of minerals. A Class IV injection well is a well used for injection of dangerous waste or radioactive waste fluids. Class V wells are commonly known as drywells.
“Critical Aquifer Recharge Area(s)” means areas which are determined to have a critical recharging effect on aquifers used as a source for potable water, and are vulnerable to contamination from recharge (source: Guidance Document for the Establishment of Critical Aquifer Recharge Area Ordinances, WDOE, June 19, 1997).
“Dangerous Waste” means solid waste designated in Chapter 173-303-070 through 130 WAC as dangerous or extremely hazardous waste. The word “dangerous waste” will refer to the full universe of wastes regulated by Chapter 173-303 (including dangerous and extremely hazardous waste).
“Groundwater” means water in a saturated zone or stratum beneath the surface of the land or below a surface water body (source: Chapter 173-200-020 WAC).
“Hazardous materials” or “hazardous substance(s)” means such materials as flammable solids; corrosive liquids; radioactive material; oxidizing material; highly toxic material; poisonous gases; reactive material; unstable material; hyperbolic material; pyrophoric material as defined in Article 2 of the Uniform Fire Code; and substances, or mixtures of substances, that are an irritant or strong sensitizer or which generate pressure through exposure to heat, decomposition or other means. Hazardous substances shall also mean hazardous waste as designated in Chapter 173-303 WAC as dangerous or extremely hazardous waste. Hazardous substances also means any dangerous waste or extremely dangerous waste as defined in Chapter 70.105.010(5) and (6) RCW, or any dangerous or extremely dangerous waste as designated by rule under 70.105 RCW; and hazardous substance as defined in Chapter 70.105.010(14) RCW or any hazardous substance as defined by rule under Chapter 70.105 RCW; and substance that, on the effective date of the ordinance codified in this chapter, is a hazardous substance under Section 101(14) of the Federal Cleanup Law, 42 U.S.C., Section 9601(14); petroleum products; and any substance or category of substances including solid waste decomposition products, determined by W/DOE’s director to present a threat to human health or the environment if released into the environment. The term hazardous substances does not include any of the following when contained in an underground storage tank from which there is not a release of: crude oil or any fraction thereof or petroleum, if the tank is in compliance with all applicable federal, state and local law.
“Landfill” means a disposal facility or part of a disposal facility at which solid and demolition waste is permanently placed in or on the land that is not a land spreading disposal facility (source: Chapter 173-304 WA C). In addition, landfills means all continuous land and structures and other improvements on the land used for the disposal of solid waste, pursuant to Chapter 173-35 1 WAC.
“Large quantity generators” means those businesses which generate more than two thousand two hundred pounds of dangerous waste per month. They accumulate more than two thousand two hundred pounds of dangerous waste at any time. They generate and accumulate more than 2.2 pounds of acutely hazardous waste or toxic extremely hazardous waste.
“Medium quantity generators” means those businesses that generate more than two hundred twenty pounds, but less than two thousand two hundred pounds of dangerous waste per month. They are limited to the accumulation of less than two thousand two hundred pounds of waste at any time. They are limited to the generation and accumulation of, less than 2.2 pounds of acutely hazardous waste or toxic extremely hazardous waste.
“Moderate risk waste” means two types of hazardous wastes: 1) hazardous waste generated by households, called household hazardous waste; and 2) hazardous waste generated by businesses in amounts less than the quantity exclusion limit established in chapter 173-303- 071 through 173-303- 103 WAC, which is most commonly two hundred twenty pounds per month or batch, called small quantity generator waste.
“Qualified groundwater professional” means a hydrologist, geologist, engineer or other scientist whom meets all of the following criteria:
1. Has received a baccalaureate degree or post graduate degree in the natural sciences or engineering; and
2. Has sufficient training and experience in groundwater hydrology and related fields as may be demonstrated by state registration, professional certifications or completion of accredited university programs that enable that individual to make sound professional judgments regarding groundwater vulnerability.
“Small quantity generators” means those businesses that generate less than two hundred twenty pounds of dangerous waste per month. They are limited to the accumulation of less than two thousand two hundred pounds of waste at any time. They are limited to that accumulation of less than 2.2 pounds of acutely hazardous waste or toxic extremely hazardous waste (see WAC 173-303-070(8)).
“Solid waste” means all putrescrible and nonputrescrible solid or semi-solid wastes including, but not limited to, garbage, rubbish, ashes, industrial waste, swill, demolition and construction waste, abandoned vehicles or parts thereof, and discarded commodities. This includes all liquid, solid and semi-solid materials that are not the primary products of public, private, industrial, commercial, mining and agricultural operations. Solid waste includes, but is not limited to, sludge from waste water treatment plants and seepage, septic tanks, wood waste, dangerous waste and problem wastes (source: Chapter 173-304-100 WAC).
“Surface mining operations” means the mining of rock, stone, gravel, sand, earth and minerals fitting the definition of “surface mine” provided in Section 78.44.031(17) RCW.
“Toxic extremely hazardous waste” (Reserved).
“Underground storage tanks (UST)” or “below ground storage tanks” means:
1. An underground storage tank and connecting underground piping as defined in the rules adopted under Chapter 90.76 RCW; or any one or combination of tanks (including underground pipes connected thereto) that is used to contain an accumulation of regulated substances, the volume of which (including the volume of underground pipes connected thereto) is ten percent or more beneath the surface of the ground. This term does not include any exempt UST systems specified in WAC 1730360-110(2).
2. Exemptions. The following UST systems, including any piping connected thereto, are exempt from the definition:
a. Any UST system holding hazardous waste subject to Subtitle C of the Federal Solid Waste Disposal Act, or a mixture of such hazardous waste and other regulated substances;
b. Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under Section 402 or 307(b) of the Clean Water Act;
c. Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks, and electrical equipment tanks;
d. Any UST system whose capacity is one hundred gallons or less;
e. Any UST system that contains a de minimus concentration of regulated substances;
f. Any emergency spill or overflow containment UST system that is expeditiously emptied after use;
g. Farm or residential UST systems of one thousand one hundred gallons or less capacity used for storing motor fuel for noncommercial purposes (i.e. not for resale);
h. UST systems used for storage of heating oil for consumptive use on the premises where stored; except that such systems which store in excess of one thousand one hundred gallons are subject to release reporting requirements of WAC 173-360-372;
i. Septic tanks;
j. Any pipeline facility (including gathering lines) regulated under:
i. The Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1671, et seq.), or ii. The Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App 2001, et seq.), or iii. Which is an intrastate pipeline facility regulated under state laws comparable to the provisions of the law referred to in (j)(i) or (ii) of this subsection;
k. Surface impoundments, pits, ponds, and lagoons;
l. Stormwater or wastewater collection systems;
m. Flow-through processing tanks;
n. Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations;
o. Storage tanks situated in an underground area (such as a basement, cellar, vault, mineworking drift, shaft or tunnel) if the storage tank is situated upon of above the surface of the floor. (Ord. 1516-0499 § 1 (part), 1999: Ord. 1492-0298 § 1 (part), 1999)
21.66.040 Classification of aquifer recharge areas.
A. Classes. Critical aquifer recharge areas are classified as either Class I (extremely vulnerable), Class II (highly vulnerable), or Class III (moderately vulnerable) as depicted on the Aquifer Recharge Areas Maps herein adopted as Attachment A to the ordinance codified in this chapter.
B. Methodology. The aquifer classification system and maps were developed by a qualified geologist considering data from the following sources:
1. Mineral Resources of the Southern Hood Canal Area, Washington; Mackey Smith and R.J. Carson; Department of Geology and Earth Resources-Geologic Map GM-21; 1976;
2. Geology and Related Water Occurrence, Southeastern Mason County, Washington; Dee Molenaar and John B. Noble; Water Supply Bulletin No. 29, Department of Water Resources, State of Washington; 1970;
3. Geologic Map of the South Half of the Shelton and South Half of the Copalis Beach Quadrangles Washington; Robert L. Logan; Washington Division of Geology and Earth Resources; Open File Report 87-9; 1987;
4. Geologic Map of North Central Mason County; R.J. Carson; Department of Geology and Earth Resources; Open File Report 76-2; 1976;
5. Soil Conservation Maps for Mason County Washington; various;
6. Topographic maps for Mason County; various;
7. Water well records.
Interpretation of these data sources was performed by geologist Gordon Adams. An explanation of that interpretation is included in a letter to the city of Shelton dated November 16, 1998.
C. Standards of Classification.
1. Class I (Extremely Vulnerable). Areas designated as Class I demonstrate hydrogeologic characteristics that define an extremely high susceptibility of an underground source of drinking water (USDW). These areas are identified as recessional outwash of thickness greater than twenty-five feet. Recessional outwashes are a geological formation predominantly composed of unconsolidated sands and gravels. These formations exhibit horizontal permeabilities greater than thirty feet per day (vertical permeabilities are generally ten times less than horizontal permeabilities). Potential contaminants entering a USDW can be expected to travel one mile in six months or less.
2. Class II (Highly Vulnerable). Areas designated as Class II demonstrate hydrogeologic characteristics that define a high susceptibility of a USDW. These areas are identified as recessional outwash and alluvium twenty-five feet or less in thickness. These geologic formations are composed of unconsolidated sands and gravels interlain with discontinuous layers of hardpan and silty clays. Depth to water is generally twenty-five to one hundred twenty-five feet below land surface. These formations exhibit horizontal permeabilities in the range of thirty to fifteen feet per day. Potential contaminants entering a USDW can be expected to travel one mile in a time frame greater than six months and up to one year.
3. Class III (Moderately Vulnerable). Areas designated as Class III demonstrate hydrogeologic characteristics that define a moderate susceptibility of an USDW. These areas are identified as advance outwash. The geologic formations consist of discontinuous layers of clayey gravel and sand and layers of silt and clay, which are more continuous and have been compacted into hardpan. Depth to water is greater than one hundred twenty-five feet below land surface. These formations exhibit horizontal permeabilities in the range of fifteen to three feet per day. Potential contaminants entering a USDW can be expected to travel one mile in a time frame greater than one year and up to five years.
D. Buffers. A three-hundred-foot buffer area is established beyond the boundary of all Class I, II and III areas. The buffer is established to protect designated areas from influence by surface flows and will be considered to be an aquifer recharge area receiving the same protections as Class I, II and III areas. (Ord. 1516-0499 § 1 (part), 1999: Ord. 1492-0298 § 1 (part), 1999)
21.66.050 Prohibited uses and activities.
The following activities are considered high impact uses due to the probability and/or potential magnitude of their adverse effects on groundwater and shall be prohibited in Class I, Class II and Class III aquifer recharge areas and within wellhead protection zones:
A. Uses.
1. Landfill;
2. Wood preserving, not fully contained operations;
3. Electroplating;
4. Dry cleaners, excluding drop-off only operations;
5. Class V injection wells, but limited to subclasses 5F01, 5D03, 5D04, 5W09, 5W10, 5W11, 5W31, 5X13, 5X14, 5X15, 5W20, 5X28, and 5N24;
6. Surface mining operations;
7. Radioactive disposal sites;
8. Residential development with on-site septic treatment facilities at a density of more than one unit per acre;
9. Outdoor auto wrecking operations;
10. Hazardous waste transfer and treatment;
11. Land spreading disposal uses (as defined in Chapter 173-304 WAC, disposal above agronomic rates);
12. Confined animal feedlots;
13. Hazardous waste storage facilities unless accessory to an otherwise permitted use and approved under state hazardous waste permit.
B. Activities.
1. Dumping of chemicals into an on-site septic system of a type or quantity that exceeds the systems designed capacity to treat;
2. Uses of chemicals or hazardous materials including but not limited to used oil-based paints, paint thinners, garden pesticides and herbicides, and lawn and garden fertilizers not in conformance with manufacturers’ instructions, state or federal regulation, and/or accepted agronomic rates. (Ord. 1689-1206 § 4, 2007: Ord. 1516-0499 § 1 (part), 1999: Ord. 1492-0298 § 1 (part), 1999)
21.66.060 Uses requiring an aquifer recharge area protection permit.
The following activities are allowed in Class I, Class II and Class III aquifer recharge areas or within one thousand feet of a public water supply well only after issuance of an aquifer area protection permit per Section 21.66.070:
A. Chemical manufacturing;
B. Chemical mixing and remanufacture;
C. Above and below ground storage tanks and pipes used to contain regulated substances (see Section 21.66.030);
D. Facilities that conduct biological research;
E. Boat repair shops;
F. Chemical research facilities;
G. Gasoline service stations;
H. Pipelines (petroleum and chemical transfer);
I. Printing and publishing operations that use printing liquids;
J. Below ground transformers and capacitors;
K. Sawmills producing over ten thousand board feet per day;
L. Solid waste handling and processing facilities;
M. Vehicle repair, recycling and auto wrecking activities;
N. Mortuary;
O. Furniture stripping;
P. Motor vehicle service garages;
Q. Chemical processing of photographic film;
R. Creosote and asphalt manufacturing and treatment facilities;
S. Recreation sites consisting of turf in excess of one acre including play fields, golf courses or ranges, and similar uses;
T. Medium quantity generators (of dangerous, acutely hazardous and toxic extremely hazardous waste);
U. Large quantity generators (of dangerous, acutely hazardous and toxic extremely hazardous waste);
V. Activities reclassified as eligible for an aquifer recharge areas protection permit after city approval of a request to reclassify per Section 21.66.110;
W. Fully contained wood preserving operations. (Ord. 1689-1206 § 5, 2007: Ord. 1516-0499 § 1 (part), 1999: Ord. 1492-0298 § 1 (part), 1999)
21.66.070 Standards for aquifer recharge area protection permit.
A. Steps. To receive an aquifer recharge areas protection permit an applicant must:
1. Implement best management practices (BMPs), implement the Washington State Department of Ecology’s stormwater, water quality, hazardous waste, wetland and solid waste program BMPs and BMPs from the Departments of Health, Agriculture, Transportation, and State Conservation District Office; or
2. Demonstrate through a best management practices report, pursuant to Section 21.66.120(A), how they will integrate other necessary and appropriate mitigating measures in the design, installation and management of the proposed facility or use; and
3. Provide a written agreement to the city providing that all employees at the site will be notified that the operation lies above an aquifer recharge area and providing annual training regarding all measures set forth by the site evaluation report. New employees must receive the training before handling hazardous materials.
B. Performance Standards. The applicant must clearly demonstrate that measures employed will result in satisfaction of the following performance standards:
1. Moderate risk waste and petroleum products, including but not limited to oil and grease, shall be disposed of by recycling or use of a hazardous waste management facility operating under interim status or with a permit issued by EPA or an authorized state. No person shall, intentionally or negligently, dump or deposit, or permit the dumping or depositing of any such waste in any other manner, including onto or under the surface of the ground or into surface water or groundwater.
2. Moderate risk waste, petroleum products, and hazardous materials shall be kept in containers and shall be stored in such a manner and location that if the container is ruptured, the contents will not discharge, flow, be washed or fall into surface water or groundwater. This does not supersede any regulations as stated in the International Fire Code.
3. Underground Storage Tanks and Vaults. Underground storage tanks and vaults used for the storage of petroleum products, wastewater, or hazardous substances or dangerous wastes as defined in Chapter 173-303 WAC, or any other substances, solids, or liquids in quantities identified by the Mason County health department environmental health section, consistent with Chapter 173-303 WAC, as a risk to groundwater quality, shall conform to Chapter 173-360 WAC and be accompanied by a design and management plan prepared by a qualified professional to assure that the facility is designed, constructed and operated so as to:
a. Prevent release, corrosion, or structural failure for the operational life of the tank or vault;
b. Be cathodically protected against corrosion, constructed of noncorrosive material, or steel clad with a noncorrosive material, or designed in a manner to prevent the release or threatened release of any stored substance;
c. Use material in the construction or lining of the tank which is compatible with the substance to be stored;
d. Provide for release detection method(s);
e. Provide a written spill response plan;
f. Provide groundwater monitoring facilities.
4. Divisions of Land. Subdivisions, short subdivisions, and other divisions of land shall be evaluated for their impact on groundwater quality. The following measures may be required as determined by the director:
a. An analysis by a qualified professional of the potential nitrate loading to the groundwater may be required to assess the impact on groundwater quality.
b. Alternative site designs, specific sewage disposal or stormwater facilities may be required to reduce contaminant loading where site conditions indicate that the proposed action will measurably degrade groundwater quality.
c. Phased development and/or groundwater quality monitoring if there is uncertainty regarding potential adverse effects on groundwater.
d. Stormwater runoff treatment shall meet Level 3 water quality standards as provided in the 2005 Ecology Stormwater Manual for Western Washington, or the equivalent.
5. Stormwater standards for commercial and industrial uses shall meet Level 3 water quality standards as provided in the 2005 Ecology Stormwater Manual for Western Washington, or the equivalent.
6. Recreation fields with more than one acre of turf cover, including play fields, golf courses or ranges, and similar uses shall be accompanied by management plans to address fertilizer, herbicide, and pesticide management practices to assure that nutrients and chemicals do not percolate to groundwater.
7. All other activities involving the use, handling, storage, or generation of any amount of hazardous materials shall be subject to the protection standards set forth in Chapter 173-303 WAC. Waste oil generating activities shall be subject to the provisions of Chapter 70.95I RCW. Facilities with more than one fifty-five-gallon drum or four hundred fifty pounds of hazardous substances or petroleum products on-site at any one time shall:
(Ord. 1689-1206 § 6, 2007: Ord. 1516-0499 § 1 (part), 1999: Ord. 1492-0298 § 1 (part), 1999)
21.66.080 BMP monitoring and inspection.
To assure that best management practices are implemented and maintained over time, the following procedures and requirements are established:
A. Development of a City Database of Information Identifying All (Pre-Existing) Prohibited Uses or Uses Requiring an Aquifer Recharge Area Protection Permit.
1. Applicants for business license or business license renewal will be required to identify if they are required to have a hazardous waste identification number by the Washington State Department of Ecology and whether they generate any hazardous waste as defined under Chapter 173-303 WAC.
2. During all formal site plan review meetings and other appropriate contacts with applicants for construction permits, the city will require applicants to identify if they are required to have a hazardous waste identification number by the Washington State Department of Ecology and whether they generate any hazardous waste as defined under Chapter 173-303 WAC.
3. The city will consult with all appropriate state agencies and existing data to further identify such businesses.
B. Inspection and Monitoring Procedures.
1. The city manager or designee will appoint appropriate city personnel to perform inspections of businesses or activities identified as requiring best management practices per Section 21.66.060 or as uses legally existing at the time of adoption of this chapter as per Section 21.66.090.
2. Inspections will be performed not less frequently than biennially. Upon issuance of a certificate of occupancy for a new business affected by this chapter or first renewal of a business license for an existing business affected by this chapter occurring after adoption of this regulation, inspection will occur in not more than three months.
3. City inspectors will operate as technical advisors and as information providers to the highest degree possible.
4. If city personnel are unable to make accurate determinations regarding corrective actions that may be necessary at a site, they will consult with appropriate state agencies.
C. Enforcement.
1. Parties identified as failing to observe and implement BMPs will be notified to correct the failure and given technical assistance, either by appropriate state personnel, or by the city and/or its consultant. In the course of such technical assistance the party and city shall attempt to reach agreement as to what steps and timelines are necessary to gain compliance with BMPs, and to reach such agreement in a timely manner.
2. If the city deems that timely agreement cannot be reached, or that agreement as to the appropriate steps necessary to achieve compliance cannot be reached, then it can, at its option, hire an outside party (consultant) to provide a written recommendation in this regard. The applicant will be responsible for paying all costs associated with the hiring of this consultant.
3. Failure to correct the problem in a timely manner, as defined by the city manager’s designee, will be deemed a violation of this title and punishable by all provisions of Section 20.56.010 of the Shelton Municipal Code. (Ord. 1921-0518 (part), 2018; Ord. 1516-0499 § 1 (part), 1999: Ord. 1492-0298 § 1 (part), 1999)
21.66.090 Pre-existing uses.
Uses legally existing as of the date of adoption of the ordinance codified in this chapter, or as of the date of annexation into the city, and which are listed in Section 21.66.050 (Prohibited uses and activities) or 21.66.060 (Uses requiring an aquifer recharge area protection permit) are defined to be pre-existing uses. Pre-existing uses may continue operation pursuant to the following provisions and procedures. The purpose of these provisions is to assure that pre-existing uses that represent a threat to the aquifer are brought into compliance with the provisions of this chapter over time and to the highest degree possible. These provisions shall not be construed to mean that a pre-existing business must cease operations even if the type of business appears as a prohibited use per Section 21.66.050. The following procedures and requirements are established:
A. Development of a database of information identifying all pre-existing prohibited uses or pre-existing uses requiring an aquifer recharge area protection permit.
1. Applicants for business license renewal will be required to identify if they are required to have a hazardous waste identification number by the Washington State Department of Ecology and whether they generate any hazardous waste as defined under Chapter 173-303 WAC.
2. During all formal site plan review meetings for expansion or remodel of such uses and other appropriate contacts with applicants for construction permits, the city will require applicants to identify if they are required to have a hazardous waste identification number by the Washington State Department of Ecology and whether they generate any hazardous waste as defined under Chapter 173-303 WAC.
3. The city will consult with all appropriate state agencies and existing data to further identify such businesses.
B. Identification of a compliance plan and timeline for bringing the pre-existing use into compliance to the highest degree practicable and which provides an acceptable low level of risk to the aquifer.
1. The city will negotiate with the owner and/or operator of any use identified under subsection A of this section to identify a reasonable time frame and necessary steps to bring the use into compliance with this chapter.
2. Technical assistance will be offered the owner/operator by a combination of state and/or local personnel to enable the operator/owner to bring the operation into compliance.
3. The city will require that a written compliance plan be developed and agreed to by the owner/operator setting forth the compliance steps that will be taken and the agreed time frame under which these steps will be completed.
4. The compliance plan shall be agreed to in a reasonable time as defined by the city manager’s designee on a case-by-case basis.
5. Such compliance plan will take the form of a contract between the city and the owner/operator.
6. No expansion of any nonconforming aspect of the use or business activity will be permitted.
7. Failure to meet the terms of the contract, including time frames agreed to, shall constitute a breach of contract subject to all applicable law. If legal action on the part of the city becomes necessary to enforce the contract, the owner/operator shall be liable for all legal expenses. (Ord. 1921-0518 (part), 2018; Ord. 1516-0499 § 1 (part), 1999: Ord. 1492-0298 § 1 (part), 1999)
21.66.100 Map amendments.
A. Applicants may seek to have the aquifer recharge map amended as it pertains to the parcel or parcels for which they are applying. This may be granted after the applicant demonstrates to the satisfaction of the city that site conditions meet the standards of classification per Section 21.66.040 for the aquifer area class sought.
B. Such demonstration shall be accomplished by providing a site evaluation report per Section 21.66.120(B) to the city. The city shall evaluate the report and make a written determination as to whether the map will be amended.
C. In addition, the city will re-assess all site evaluation reports and all other pertinent information received on a periodic basis and consider other appropriate map amendments on the basis of this increased information. (Ord. 1516-0499 § 1 (part), 1999: Ord. 1492-0298 § 1 (part), 1999)
21.66.110 Reclassification of specific land use activity.
A. Applicants may seek to have the use for which they are applying recategorized as able to receive an aquifer areas protection permit per Section 21.66.060. This may be granted after the applicant demonstrates to the satisfaction of the city that the use applies new technologies and/or procedures, not traditional to the industry, that reduce threat to the aquifer beyond that posed by the traditional technologies and/or procedures to a degree that the city determines will justify the reclassification.
B. Such demonstration shall be accomplished by providing an activity reclassification report per Section 21.66.120(C) to the city. The city shall evaluate the report and make a written determination as to whether the individual proposed land use will be recategorized.
C. In addition, the city will re-assess all reports received pursuant to this chapter and all other pertinent information received on a periodic basis and consider other changes in the categorization of land uses in this chapter on the basis of this increased information. (Ord. 1516-0499 § 1 (part), 1999: Ord. 1492-0298 § 1 (part), 1999)
21.66.120 Reports.
A. Best Management Practices (BMP) Report—Criteria. The following criteria shall apply when preparing a best management practices (BMP) report:
1. The report shall be prepared by, or done under the direction of and signed by, a qualified person with demonstrated expertise in the industry or field as demonstrated by a statement of qualifications and at least three references from parties familiar with common business practices in the subject field or known expertise in the field.
2. Identification of existing conditions shall include:
a. Site-specific geologic and soils information indicating the recharge potential of the facility site in terms of permeability and transmissivity;
b. Location and depth of any perched water tables;
c Identification of permanent and temporary or seasonal surface water bodies on the site and within one thousand feet of the site;
d. Identification of public and private water supply wells on the site and within one thousand feet of the site.
3. Assessment of the effects of the proposed project on groundwater quality and quantity.
4. The report will identify appropriate BMPs and how they will be employed to prevent degradation of groundwater. All necessary technical data, drawings, calculations and other information to describe application of the BMPs must be supplied.
5. Groundwater quality monitoring may be required in cases where groundwater contamination is considered a credible risk. Said monitoring plan shall be developed by a qualified professional, be approved by the county, and will be conducted at the expense of the property owner and/or occupying business or enterprise having conducted the activities identified in this subsection.
6. The report will identify how the applicant will satisfy the requirements of the dangerous waste regulations, Chapter 173-303 WAC, in the event that hazardous material is released into the ground or groundwater. A specific response plan may be required.
7. The report will be reviewed by the planning department or a consultant hired by the city for this review. The Mason County health department and other state, local and federal agencies with regulatory authority over hazardous materials shall be notified of the application and invited to comment.
B. Map Amendment Report—Criteria. The following criteria shall apply when preparing a site evaluation report:
1. A qualified groundwater professional will make a determination whether the proposed map amendment will have adverse impacts on groundwater based on the requirements of the Safe Drinking Water Act and the Wellhead Protection Program, pursuant to public water supplies, Chapter 264-290 WAC; water quality standards for groundwaters of the state of Washington, Chapter 173-200 WAC; and dangerous waste regulations, Chapter 173-303 WAC. Those chapters of Washington Administrative Code are adopted, as written or hereafter amended, as part of this chapter by reference. They are available at city offices.
2. Map amendment reports shall include the following:
a. Identification of features of the proposed development plan (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. Drawing in an appropriate scale showing location of abandoned and active wells, springs and surface water bodies within one thousand feet of the project limits;
c. A description of the geologic and hydrologic characteristics of the subject property sufficient to justify the map amendment sought. This information may include any or all of the following:
i. Lithologic characteristics and stratigraphic relationships;
ii. Aquifer characteristics including recharge and discharge areas, depth to and static water flow patterns, and estimated groundwater flow velocity;
iii. Contaminant rate and transport including probable migration pathways and travel time of a potential contaminant release from a site through the unsaturated zone to the aquifer(s) and through the aquifers(s), and how contaminant(s) may be attenuated within the unsaturated zone and the aquifer(s);
iv. Appropriate hydrogeologic cross sections which depict lithology, stratigraphy, aquifer, units, potential or probable contaminant pathways from a chemical release, and rate of groundwater flow;
v. Existing groundwater quality, proposal for a groundwater monitoring plan to detect changes and indicate the corrective actions that will be taken if monitoring results indicate contaminants from the site have entered the underlying aquifer(s);
vi. Existing soils types and characteristics;
vii. A discussion of the probable geologic history of the site and its impact on aquifer formation, soils conditions and aquifer susceptibility.
3. The report shall be reviewed by the city in conjunction with the underlying permit process, if any exists. The city will review the report with consideration of the level of science that currently exists and was employed to make the map designation being challenged. The applicant will not be required to provide information and/or analysis in excess of that required to convince the city that a map change is warranted or of a significantly higher level of detail than used to make the existing designation. The city may request consultation with the Mason County health department, state of Washington Department of Health, independent reviewer, or any other parties it sees fit.
C. Activity Reclassification Report—Criteria. The following criteria shall apply when preparing an aquifer area land use reclassification report:
1. The report shall be prepared by, or done under the direction of and signed by, a qualified person with demonstrated expertise in the industry or field as demonstrated by a statement of qualifications and at least three references from parties familiar with common business practices in the subject field or known expertise in the field.
2. The report shall contain a complete description of the activity for which reclassification is being sought. This description shall include all necessary technical data for the city to assess potential threat to the aquifer from an unmitigated operation, including chemicals and substances used, byproducts produced, etc.
3. The report shall present best management practices and/or mitigation techniques adequate to ensure, to the satisfaction of the city, that the activity or land use for which reclassification is sought will present no greater threat to groundwater quality than other uses listed in this chapter in the category being sought. The burden is on the applicant to make this showing sufficient in the eyes of the city to reclassify the use. The report will include all technical data necessary, design drawings, specifications for equipment used, performance data on equipment or structures, and any evidence or testimony of successful operation of same or similar facilities and practices in other locations.
4. The report will demonstrate to the satisfaction of the city that reclassification of a land use will have no adverse impacts on groundwater based on the requirements of the Safe Drinking Water Act and the Wellhead Protection Program, pursuant to public water supplies, Chapter 264-290 WAC; water quality standards for groundwaters of the state of Washington, Chapter 173-200 WAC; and dangerous waste regulations, Chapter 173-303 WAC. Those chapters of Washington Administrative Code are adopted, as written or hereafter amended, as part of this chapter by reference. They are available at city offices.
5. The report will be reviewed by the planning department or a consultant hired by the city for this review.
6. Reclassification of a land use shall apply only to the particular use for which the reclassification is sought and shall not be applied to all or any similar uses.
7. The burden of demonstrating that the reclassification is in the public interest and otherwise meets all of the conditions and requirements listed in this section is borne by the applicant. (Ord. 1689-1206 § 7, 2007: Ord. 1516-0499 § 1 (part), 1999: Ord. 1492-0298 § 1 (part), 1999)
21.66.130 Residential requirements—Public education—Notice.
A. Uses of chemicals or hazardous materials not in conformance with manufacturers’ instructions, state or federal regulation, and/or accepted agronomic rates by any property owner, including residential owners, is a prohibited activity within the aquifer recharge area per Section 21.66.060.
B. General Public Education. The city shall distribute educational materials to all residents, commercial and industrial users on a regular basis.
C. Notice on Property Records. Whenever land use actions provide for recording of new documentation on title of a property, notice shall be provided on title of property within the critical aquifer recharge area as designated in Section 21.66.040 or as subsequently amended that the property is within the recharge area. The notice shall read as follows:
Notice: This site lies within an aquifer recharge area as defined in Chapter 21.66 of Shelton Municipal Code. Restrictions on use or alteration of the site may exist due to natural conditions of the site and resulting regulations. Special care must be taken so that substances detrimental to potable water supplies are not allowed to enter the underlying aquifer.
D. The notice shall be recorded on property title in the following instances:
1. Subdivision of property;
2. Short subdivision of property;
3. Boundary line adjustment;
4. Dedication of easements;
5. Planned unit development.
Evidence of recording must be provided to the city. (Ord. 1689-1206 § 8, 2007: Ord. 1516-0499 § 1 (part), 1999: Ord. 1492-0298 § 1 (part), 1999)
21.66.140 Protection of private wells.
Generators of hazardous materials are defined as a known or suspected source of contamination per state law. No small, medium or large quantity generators of hazardous materials shall be permitted to locate within one hundred feet of any water well per the provisions of WAC 173-160-171 or its successors. This requirement applies in all portions of the city. (Ord. 1516-0499 § 1 (part), 1999)
21.66.150 Secondary containment and recycling of hazardous materials.
The following practices and procedures shall be observed throughout the city:
A. Moderate risk waste and petroleum products including, but not limited to, oil and grease, shall be disposed of by recycling or use of a hazardous waste management facility, either on-site or off-site, operating under interim status or with a permit issued by EPA or an authorized state. No person shall intentionally or negligently, dump or deposit, or permit the dumping or depositing of any such waste in any other manner, including onto the surface of the ground or into surface water or groundwater.
B. Moderate risk waste, petroleum products and hazardous materials shall be kept in containers and shall be stored in such a manner and location that if a container is ruptured, the contents will not discharge, flow, be washed or fall into surface water or groundwater. This is not intended to supersede any regulations as stated in the International Fire Code. (Ord. 1689-1206 § 9, 2007: Ord. 1516-0499 § 1 (part), 1999)