Chapter 16.24


16.24.010    Short title.

16.24.015    Relationship to shoreline master program.

16.24.020    Intent.

16.24.030    Definitions.

16.24.040    Approval required.

16.24.050    Aquifer protection standards.

16.24.055    Reasonable use exception for aquifer protection areas.

16.24.060    Violation – Penalty.

16.24.070    Severability.

16.24.010 Short title.

This chapter shall be known and may be cited as the “aquifer protection standards ordinance” of the city of Tumwater.

(Ord. 1281, Added, 08/20/1991)

16.24.015 Relationship to shoreline master program.

If there are any conflicts between the shoreline master program and the aquifer protection standards which apply in shoreline jurisdiction, the requirements of the shoreline master program apply.

(Ord. O2012-005, Added, 03/18/2014)

16.24.020 Intent.

It is the declared policy of the city of Tumwater to conserve and protect the underground waters and aquifers over which the city rests. Any development which occurs within the city will be designed to eliminate chemical and biological contaminants from entering underground waters and aquifers which are now, or in the future, likely to be used as a potable drinking water source.

(Ord. 1281, Added, 08/20/1991)

16.24.030 Definitions.

A.    “Aquifer” means a saturated geologic formation which will yield a sufficient quantity of water to serve as a private or public water supply.

B.    “Contaminants” means hazardous substance(s) which, if released in sufficient quantity, would impair a component of the environment as a useful resource.

C.    “Facility” means all structures, contiguous land, appurtenances, and other improvements on or in the land.

D.    “Groundwater” means all water found beneath the ground surface, including the slowly moving subsurface water present in aquifers and vadose zones.

E.    “Hazardous substance(s)” means any material, either singularly or in combination, which may pose a present or potential hazard to human health or to the quality of the drinking water supply (now or in the future) in the aquifer system underlying the city of Tumwater when improperly used, stored, transported, or disposed of or otherwise mismanaged, including those materials identified as a hazardous waste in 40 C.F.R. 261, as amended, or defined as a hazardous substance in 40 C.F.R. 302, as amended, WAC 173-360-120, as amended. Hazardous substances shall include petroleum products and by-products, including crude oil or any faction thereof such as gasoline, diesel, and waste oil which is liquid at standard conditions of temperature and pressure (sixty degrees Fahrenheit, 14.7 pounds per square inch absolute).

F.    “Release” means any spilling, leaking, emitting, discharging, escaping, leaching or disposing of hazardous substance(s) from a facility or activity into or onto soil, air, water, groundwater, or other materials.

G.    “Release detection” means a method or methods of determining whether a release or discharge of a hazardous substance has occurred from a regulated facility into the environment.

(Ord. 1281, Added, 08/20/1991)

16.24.040 Approval required.

No person, corporation, or other legal entity shall engage in the construction of regulated facility/facilities contained in this chapter without having received approval by the city through the environmental review process and/or applicable discretionary permit(s) and construction permit(s).

(Ord. 1281, Added, 08/20/1991)

16.24.050 Aquifer protection standards.

The following aquifer protection techniques will be applied on a city-wide basis for development construction; provided, that such development may also be subject to the requirements of TMC Chapter 16.26:

A.    Stormwater Retention Facilities. New stormwater retention facilities shall be designed and constructed in accordance with the requirements of the Drainage Design and Erosion Control Manual for the Thurston Region.

B.    Facilities with Underground Tanks/Underground Storage Vaults. All new underground storage facilities used or to be used for the underground storage of hazardous materials shall be designed and constructed so as to:

1.    Prevent releases due to corrosion or structural failure for the operational life of the tank or vault;

2.    Be cathodically protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed in a manner to prevent the release or threatened release of any stored substance;

3.    Use material in the construction or lining of the tank which is compatible with the substance to be stored;

4.    Provide for release detection method(s); and

5.    Have double walls or single walls with liners.

C.    Facilities with Aboveground Tanks/New Aboveground Tanks.

1.    No new aboveground storage facility or part thereof shall be fabricated, constructed, installed, used, or maintained in any manner which may allow the release of a hazardous material to the ground, groundwaters, or surface waters;

2.    No new aboveground tank or part thereof shall be fabricated, constructed, installed, used, or maintained without having constructed around and under it an impervious containment area enclosing or underlying the tank or part thereof. Impervious containment will be equal to the volume of the tank to avoid an overflow of the containment area.

D.    Modification of Performance Standards. Projects which are located outside of the aquifer protection zone district (TMC Title 18) may be granted reductions in the above-specified performance standards by the submittal and approval of an aquifer protection plan. This plan will outline how the project proposal will effectively protect the aquifer from releases of contaminants. The aquifer protection plan will be made a part of the environmental review as outlined in the city’s environmental policy code (TMC Chapter 16.04), if applicable, and be a condition of approval for any discretionary permits or construction permits.

(Ord. O97-028, Amended, 04/21/1998; Ord. O97-008, Amended, 11/05/1996; Ord. 1281, Added, 08/20/1991)

16.24.055 Reasonable use exception for aquifer protection areas.

A.    After it has been determined by the city that all reasonable economic use has been denied, an exception may be applied for pursuant to this section.

B.    An application for a reasonable use exception shall be made to the city and it shall include a critical area report and mitigation plan if necessary, and any other project related documents, such as permit applications to other agencies, special studies and environmental documents. The application must be submitted with payment of the necessary fee as established in the city’s fee resolution, as written or hereafter amended. The community development director shall prepare a recommendation to the hearing examiner based on review of the submitted information, a site inspection, and the proposal’s ability to comply with reasonable use exception criteria in subsection D of this section.

C.    The hearing examiner shall review the application and conduct a public hearing. The hearing examiner shall approve, approve with conditions, or deny the request based on the proposal’s ability to comply with all the reasonable use exception criteria in subsection D of this section.

D.    Criteria for review and approval of reasonable use exceptions follow:

1.    The application of this title would deny all reasonable use of the property;

2.    No other reasonable use consistent with existing zoning of the property has less impact on the critical area;

3.    The proposed impact to the critical area is the minimum necessary to allow for reasonable economic use of the property;

4.    The inability of the applicant to derive reasonable economic use of the property is not the result of actions by the applicant after the effective date of this title, or its predecessor;

5.    The proposal does not pose an unreasonable threat to public health, safety, or welfare on or off the development proposal site;

6.    The proposal is consistent with other applicable regulations and standards.

(Ord. O2016-024, Added, 03/21/2017)

16.24.060 Violation – Penalty.

A.    Violation of the provisions of this chapter or failure to comply with any of the requirements shall constitute a misdemeanor. Each day such violation continues shall be considered a separate, distinct offense.

B.    Any person who commits, participates in, assists or maintains such violation may be found guilty of a separate offense.

C.    In addition, any violation of the provisions of this chapter is declared to be a public nuisance and may be abated through proceedings for injunctive or similar relief in superior court or other court of competent jurisdiction.

D.    Upon determination that a violation of the provisions of this chapter has occurred, the building official shall withhold issuance of building permits and/or certificates of occupancy for the affected property until corrective action is taken by the responsible party. However, if mitigating circumstances exist and reasonable commitments for corrective action are made, the building official may issue building permits and/or the certificates of occupancy.

(Ord. O2011-007, Amended, 07/19/2011; Ord. 1281, Added, 08/20/1991)

16.24.070 Severability.

If any section, paragraph, subsection, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of the chapter.

(Ord. 1281, Added, 08/20/1991)