Chapter 16.26
WELLHEAD PROTECTION
Sections:
16.26.040 Municipal well protection standards for new and expanding uses.
16.26.055 Municipal well protection standards for existing uses.
16.26.057 Cessation of prohibited uses.
16.26.058 Removal of prohibited uses.
16.26.060 Protection standards – When applicable.
16.26.070 Amendment to wellhead protection boundaries.
16.26.090 Violation – Penalty.
16.26.010 Purpose.
The purpose of this chapter is to meet the requirements of Chapter 246-290 WAC, which requires the city to develop and implement a wellhead protection program to identify risks of contamination having the potential to impact city wells, and to reduce or eliminate those risks.
(Ord. O2018-010, Amended, 08/21/2018; Ord. O97-028, Added, 04/21/1998)
16.26.020 Definitions.
A. “AKART” is an acronym for “all known, available, and reasonable methods of prevention, control, and treatment.” AKART shall represent the most current methodology that can be reasonably required for preventing, controlling, or treating the discharge of pollutants. AKART may include, but not be limited to, pollution prevention plan development and implementation, engineering solutions, and practices deemed necessary to prevent release. In determining whether a technology is considered AKART, consideration is given to its technical and economic feasibility.
B. “Aquifer” means a saturated geologic formation which will yield a sufficient quantity of water to serve as a private or public water supply.
C. “Bulk storage container” refers to any container fifty-five gallons or larger used to store a hazardous material except containers determined to be an underground storage tank.
D. “Capture zone” refers to the area in which groundwater is calculated to travel towards a pumping well. These areas are modeled using hydrologic and water system data. Capture zones are defined according to the time that it takes for water within a particular zone to travel to a well. This chapter refers to six-month, one-year, five-year, and ten-year capture zones.
E. “Contaminant” means any chemical, physical, biological, or radiological substance that does not occur naturally in groundwater in the northern Thurston County groundwater management area (GWMA), or, if naturally occurring, has been found to exist at concentrations greater than those naturally occurring in the GWMA.
F. “CECs” refers to contaminants of emerging concern. A CEC is any synthetic or naturally occurring chemical or any microorganism that is not commonly monitored in the environment but has the potential to enter the environment and cause known or suspected adverse ecological and/or human health effects.
G. “Development” means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, or drilling operations.
H. “Facility” means all structures, contiguous land, appurtenances, and other improvements on or in the land.
I. “Groundwater” means all water found beneath the ground surface, including the slowly moving subsurface water present in aquifers and vadose zones.
J. “Hazardous material” means anything defined as a hazardous substance in Chapter 173-303 WAC or as a hazardous material under the International Fire Code as adopted by TMC Chapter 15.16. Hazardous materials are generally chemicals, substances, debris, and waste which are a physical or health hazard and exhibit one or more hazardous characteristics such as ignitability, corrosivity, reactivity, persistence, or toxicity.
K. “MPCs” means reasonable methods of prevention and control. Examples of MPCs include, but are not limited to, pollution prevention plan development and implementation, routine maintenance, secondary containment, and measures to eliminate contaminant pathways to the groundwater. Secondary containment is a means of surrounding one or more primary storage containers to collect any hazardous material spillage in the event of loss of integrity or container failure.
L. “Pollution prevention plan” means a site-specific plan that addresses the avoidance of unplanned chemical release in the air, water, or land. It is based on deliberate waste management planning, site design, and operational practices.
M. “Nonconforming use” means any business, facility, or land use that does not conform to the provisions outlined in TMC 16.26.040.
N. “Release” means any intentional or unintentional entry of any hazardous material into the environment.
O. “Underground storage tank” or “UST” means any one or combination of tanks (including underground pipes connected thereto) that is used to contain an accumulation of regulated substances, as defined in Chapter 173-360 WAC, or hazardous materials as defined in this section, and the volume of which (including the volume of underground pipes connected thereto) is ten percent or more beneath the surface of the ground and not readily available for visual inspection.
P. “Wellhead protection area (WHPA)” means the surface or subsurface area surrounding a well or wellfield through which contaminants are reasonably likely to move toward and reach such water well or wellfield within a specified amount of time. WHPAs are defined for the purpose of water resource management and are composed of different capture zones as defined in this section. WHPAs may include additional areas to account for uncertainties in the delineation of the capture zones.
(Ord. O2018-010, Amended, 08/21/2018; Ord. O2010-017, Amended, 12/21/2010; Ord. O2000-004, Amended, 07/18/2000; Ord. O99-001, Amended, 04/20/1999; Ord. O97-028, Added, 04/21/1998)
16.26.030 Methodology used.
The methodology employed to delineate wellhead protection boundaries will be based on Department of Health (DOH) guidance and the best available science. Details of the methodology will be documented in the city’s most current wellhead protection plan.
(Ord. O2018-010, Amended, 08/21/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O97-028, Added, 04/21/1998)
16.26.040 Municipal well protection standards for new and expanding uses.
A. New development, and expansion or enlargement of existing facilities or uses, of the type described below, are prohibited within the designated wellhead protection areas as described in maps available for inspection at the city.
1. The more restrictive regulations governing allowed uses in this chapter or TMC Title 18 – Zoning shall apply.
2. An existing use or proposed use is deemed to be within the applicable wellhead protection area if any portion of the facility (whether existing or proposed) touches or extends into the applicable wellhead protection area. The mere encroachment of the wellhead protection area on a land tract upon which such facility is located or proposed to be located shall not prohibit otherwise authorized development on the portion of the tract outside the wellhead protection area.
B. The following uses are prohibited within the designated six-month and one-year wellhead protection areas, as depicted in maps (as amended) available for inspection at the city:
1. Landspreading disposal facilities as defined by WAC 173-304-100;
2. Agricultural operations including stockyards and feedlots involving the raising or keeping of farm animals except as provided under TMC Chapter 6.08;
3. Gas stations except those actively operating at the time of the effective date of this ordinance, September 22, 2018, that store fuel in one or more fuel storage tanks located in an underground waterproof basement, cellar, or vault where the storage tanks are located above the surface of the floor. Gas stations actively operating within the designated wellhead protection areas at the time of the effective date of this ordinance (September 22, 2018) that do not employ this type of fuel storage system may upgrade their facility to this standard by September 22, 2028, to avoid becoming a nonconforming use and subject to removal requirements outlined in TMC 16.26.058;
4. Petroleum products refinery, including reprocessing (SIC Code 29 – Petroleum Refining and Related Industries);
5. Liquid petroleum products pipelines (SIC Code 461 – Pipelines, except Natural Gas);
6. Automobile wrecking facilities (hulk haulers or scrap processors as defined in RCW 46.79.010, or vehicle wreckers as defined in RCW 46.80.010);
7. Dry cleaners that use chemical cleaning methods on site, including tetrachloroethlyene (PCE, PERC, C2Cl4), excluding drop-off only facilities;
8. All underground storage tanks except underground storage tanks and tank systems with a total system capacity of one thousand one hundred gallons or less, installed earlier than September 22, 2018, and used for:
a. Storing motor fuel for a farm operation and not for commercial resale; and
b. Heating oil for consumptive use on the premises where stored; and
c. Emergency utility purposes.
C. The following uses are prohibited within the designated six-month, and one-, five- and ten-year wellhead protection areas, as depicted in maps (as amended) available for inspection at the city:
1. Landfills (municipal sanitary solid waste, hazardous waste, and wood waste as defined by WAC 173-304-100);
2. Chemical or hazardous material manufacture, processing, reprocessing, transfer, storage, and disposal facilities;
3. Wood products preserving (SIC Code 2491);
4. Creosote/asphalt manufacture or treatment;
5. Electroplating activities;
6. Manufacture of flammable or combustible liquids as defined in the current edition of the fire code;
7. Any enterprise using or storing chlorinated solvents in excess of ten gallons.
(Ord. O2018-010, Amended, 08/21/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O2002-023, Amended, 12/03/2002; Ord. O2000-004, Amended, 07/18/2000; Ord. O97-028, Added, 04/21/1998)
16.26.050 New and expanding uses involving hazardous materials requiring utilization of all known, available, and reasonable technologies.
For new development, and expansion or enlargement of existing facilities or uses, of the type described in subsections A through C of this section, which are within the designated six-month, and one-, five- and ten-year wellhead protection areas (other than those described in TMC 16.26.040), and which use, store, handle, or dispose of materials above the minimum quantities listed below at any time, the applicant shall submit documentation which demonstrates that all known available and reasonable technologies (AKART) will be used to prevent impact to the groundwater. The community development director, in consultation with the water resources program manager, shall review this documentation to determine whether the proposal shall be approved, denied, or approved with conditions, to ensure adequate protection of groundwater.
A. Hazardous materials – Substances determined to be a hazardous material as defined in this chapter, except as provided for below. Minimum cumulative quantity: one hundred sixty pounds (or the equivalent of twenty gallons).
B. Cleaning products – Cleaning substances for janitorial use or retail sale in the same packaging and concentrations as products packaged for use by the general public. Chlorinated solvents and nonchlorinated solvents derived from petroleum or coal tar are not considered a cleaning substance under this subsection, but rather a hazardous material under subsection A of this section. Minimum cumulative quantity: eight hundred pounds (or the equivalent of one hundred gallons), not to exceed four hundred and forty pounds (or the equivalent of fifty-five gallons) for any single package.
C. Listed hazardous materials – Substances containing “P” or “U” listed chemicals or “F” or “K” listed wastes as defined in Chapter 173-303 WAC. Minimum quantity: none. Any businesses that use, store, handle or dispose of these substances may be required to submit documentation which demonstrates that AKART will be used to prevent impacts to groundwater.
Notwithstanding the minimum thresholds listed in subsections A through C of this section, the city, for good cause and with reasonable expectation of risk to groundwater, may require AKART on any use proposed within the six-month, one-, five-, and ten-year time of travel zones. Uses, which may require AKART, include bulk storage containers, stormwater runoff, and discharge of CECs.
For any proposed agricultural use located within the designated six-month, one-, five-, and ten-year time of travel zones, the owner, upon the request of the city’s water resources program manager, or designee, at his/her discretion, for good cause and with reasonable expectation of risk to groundwater, and in consultation with the Thurston Conservation District, shall develop and implement a farm conservation plan in conformance with the U.S. Natural Resources Conservation Service Field Office Technical Guide and obtain approval of the Thurston Conservation District board of supervisors. For purposes of this section, only those activities in an approved farm plan related to groundwater protection must be implemented. However, nothing in this section relieves an agricultural operation from meeting the requirements of other jurisdictions such as Olympia or Thurston County.
(Ord. O2018-010, Amended, 08/21/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O2000-004, Amended, 07/18/2000; Ord. O97-028, Added, 04/21/1998)
16.26.055 Municipal well protection standards for existing uses.
The following shall apply to existing uses located within the designated wellhead protection areas as described in maps available for inspection at the city.
A. For any existing use within the approved six-month, one-, five-, and ten-year time of travel zones which uses, stores, handles or disposes of materials above the minimum quantity thresholds listed in TMC 16.26.050(A) through (C), the owner, upon request of the city’s water resources program manager, or designee, shall submit a pollution prevention plan that will ensure adequate protection of groundwater. The city shall review this plan and approve it, approve it with conditions, or reject it and document the reasons for the action.
Notwithstanding the minimum thresholds listed in TMC 16.26.050(A) through (C), the city, for good cause and with reasonable expectation of risk to groundwater, may require a pollution prevention plan and MPCs (methods of prevention and control) for any use proposed within the six-month, one-, five-, and ten-year time of travel zones. Uses which may require a pollution prevention plan include, but are not limited to, bulk storage containers, stormwater runoff, and discharge of CECs.
Pollution prevention plans will include the following ten elements at a minimum:
1. A brief description of business activities and a list and map of the locations, amounts, and types of hazardous materials, hazardous waste, and petroleum products stored on site;
2. A pollution prevention evaluation that reviews whether the risk from hazardous substances could be reduced through modifying production processes, utilizing nontoxic or less toxic substances, implementing conservation techniques, or reusing materials;
3. A description of inspection procedures for hazardous material storage areas and containers and the minimum inspection intervals. An inspection logbook shall be maintained for periodic review, and be made available upon request by the city or county;
4. Provision of an appropriate spill kit with adequate spill supplies and protective clothing;
5. Detailed spill cleanup and emergency response procedures identifying 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, groundwater, or surface water;
6. Procedures to report spills immediately to the Department of Ecology and the Environmental Health Division of the Thurston County Public Health and Social Services Department, in that order;
7. A list of emergency phone numbers (e.g., business points of contact, Tumwater Police Department, Tumwater Fire and Emergency Medical Services, water system operators, etc.);
8. Procedures to ensure that all employees with access to locations where hazardous materials are used or stored receive adequate spill training. A training logbook shall be maintained for periodic review, and be available upon request by the city or county;
9. A map showing the location of all floor drains and any hazardous material and petroleum product transfer areas; and
10. Additional information determined by the city to be necessary to demonstrate that the use or activity will not have an adverse impact on groundwater quality.
B. For any existing agricultural use located within the designated six-month, one-, five-, and ten-year time of travel zones, the owner, upon the request of the city’s water resources program manager, or designee, at his/her discretion for good cause and with reasonable expectation of risk to groundwater, shall develop and implement a farm conservation plan in conformance with the U.S. Natural Resources Conservation Service Field Office Technical Guide and obtain approval of the Thurston Conservation District board of supervisors. For purposes of this section, only those activities in an approved farm plan related to groundwater protection must be implemented. However, nothing in this section relieves an agricultural operation from meeting the requirements of other jurisdictions such as Olympia or Thurston County.
(Ord. O2018-010, Amended, 08/21/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O2000-004, Added, 07/18/2000)
16.26.057 Cessation of prohibited uses.
Amendments to wellhead protection boundaries may cause existing facilities or land uses to become nonconforming. A nonconforming use shall be deemed abandoned if it has been discontinued for a period of six months or more, and may not be resumed.
(Ord. O2018-010, Amended, 08/21/2018; Ord. O2002-023, Added, 12/03/2002)
16.26.058 Removal of prohibited uses.
A. Prohibited uses located within the city’s boundaries, as identified in TMC 16.26.040, shall not be allowed within the most current adopted wellhead protection areas ten years after adoption pursuant to TMC 16.26.070. The more restrictive regulations governing prohibited uses in this chapter or TMC Title 18 – Zoning shall apply.
B. Once a prohibited use within the wellhead protection area ceases, resuming the use is prohibited.
C. Closure of a facility that is the location of a prohibited use under this section shall be conducted in conformance with all applicable federal, state, and local laws and regulations, and in conformance with the closure requirements of the city.
(Ord. O2018-010, Amended, 08/21/2018; Ord. O2003-005, Added, 12/02/2003)
16.26.060 Protection standards – When applicable.
The wellhead protection areas established for any municipal well shall apply to new development pursuant to TMC 16.26.040 and 16.26.050 after water production has begun or where future wellfield sites have been identified in the most recent Water System Plan and modeled for capture areas. Within the modeled capture areas for future wells or wellfields, existing uses shall be regulated by TMC 16.26.055; however, not until a new well or wellfield is in use will nonconforming uses be regulated under TMC 16.26.057 and 16.26.058.
(Ord. O2018-010, Amended, 08/21/2018; Ord. O97-028, Added, 04/21/1998)
16.26.070 Amendment to wellhead protection boundaries.
Conditions may change such that there is a need to amend wellhead protection boundaries.
A. Conditions requiring a change to the wellhead protection boundaries may include, but are not limited to, the following:
1. Activation of new municipal supply;
2. Increase in production capacity at an existing well;
3. Decommission of existing municipal supply well;
4. Improved technology for modeling groundwater capture areas; or
5. Improved understanding of hydrologic conditions within the region.
B. The city will determine when it is appropriate to amend wellhead protection boundaries.
C. Prior to the adoption of amendments, notice of a public hearing regarding proposed amendments shall be given by publication and by mail to the property owner(s) of record within the proposed new wellhead protection areas.
D. Once amendments are adopted by city council, the provisions of this chapter will apply to facilities and uses contained within these new boundaries.
E. In the event the wellhead protection area extends into the jurisdiction of Thurston County or the city of Olympia, the affected jurisdiction shall be notified and requested to amend their wellhead protection regulations to comply with this chapter where feasible.
F. Where a neighboring jurisdiction’s designated wellhead protection areas encroach into the city of Tumwater, the provisions of this chapter shall apply.
(Ord. O2018-010, Amended, 08/21/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O2000-004, Amended, 07/18/2000; Ord. O97-028, Added, 04/21/1998)
16.26.080 Appeals.
Any person believed to be aggrieved by the application of the provisions of this chapter may appeal the matter to the Tumwater hearing examiner. Such appeals are governed by TMC Chapter 2.58. Appeals challenging wellhead protection area determinations in conjunction with the establishment of wellhead protection areas must be supported by technical evidence provided through competent and credible expert testimony using a methodology deemed equally protective by the hearing examiner. The hearing examiner shall give substantial weight to the technical reports and information used by the city in establishing the particular wellhead protection area alleged to be improper.
(Ord. O2018-010, Amended, 08/21/2018; Ord. O97-028, Added, 04/21/1998)
16.26.090 Violation – Penalty.
A. Violation of the provisions of this chapter or failure to comply with any of its 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 civil enforcement proceedings including injunctive or similar relief in superior court or other court of competent jurisdiction.
(Ord. O2018-010, Amended, 08/21/2018; Ord. O2011-007, Amended, 07/19/2011; Ord. O97-028, Added, 04/21/1998)