Chapter 13.29
GROUNDWATER QUALITY PROTECTION STANDARDS

Sections:

13.29.010    Purpose and applicability.

13.29.011    Definitions.

13.29.020    Regulation of facilities handling and storing hazardous materials.

13.29.010 Purpose and applicability.

A. Purpose. The purpose of this chapter is to establish groundwater protection standards to protect the Issaquah Creek Valley aquifer from degradation and depletion. Activities shall only be permitted in a critical aquifer recharge area (CARA) if the applicant can show that the proposed activity will not cause contaminants to enter the aquifer through compliance with the best management practices (BMPs) for handling and storing hazardous materials. The City shall impose development conditions in accordance with BMPs to prevent degradation of groundwater.

B. Applicability. The provisions of this section shall apply to regulated activities occurring within Class 1, Class 2 and Class 3 CARAs as defined in IMC 18.10.796, Critical aquifer recharge areas (CARAs), and as identified on the City of Issaquah Critical Aquifer Recharge Area Classification Map, as may be updated as new information becomes available, on file with the Planning Department and incorporated into this section by reference. (Ord. 2525 § 4, 2008; Ord. 2500 § 2, 2007).

13.29.011 Definitions.

“Aquifer” means a body of soil or rock that contains sufficient saturated material to conduct groundwater and yield usable quantities of groundwater to springs and/or wells.

“Best management practices (BMPs)” means the physical, structural and/or managerial practices that use the best available technologies or techniques, either separately or in combination, to prevent or reduce the degradation of any critical area or natural resource as set forth in accordance with IMC 13.29.020(A), best management practices, for the purposes of the CARA.

“Critical aquifer recharge areas (CARAs)” means areas that are determined to have a critical recharging effect on aquifers used as a source for potable water, and are vulnerable to contamination from recharge, as identified in the City’s Critical Aquifer Recharge Area Classification Map, on file with the Planning Department.

“Deleterious substances” include, but are not limited to, chemical and microbial substances that are not classified as hazardous materials per this chapter, whether the substances are in usable or waste condition, that have the potential to pose a significant groundwater hazard, or for which monitoring requirements or treatment-based standards are enforced under Chapter 246-290 WAC.

“Hazardous materials” means any material, either singularly or in combination, that is a physical or health hazard, whether the materials are in usable or waste condition; and any material that may degrade surface water or groundwater quality when improperly stored, handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged. Hazardous materials shall also include: all materials defined as or designated by rule as a dangerous waste or extremely hazardous waste under Chapter 70.105 RCW and Chapter 173-303 WAC; hazardous materials shall also include petroleum or petroleum products that are in liquid phase at ambient temperatures, including any waste oils or sludges.

“Hazardous materials inventory (HMI)” is an inventory of all current and anticipated types and quantities of hazardous materials that will be stored, handled, treated, used, produced, recycled, or disposed of at a facility as required in IMC 13.29.020(B), Hazardous Materials Inventory (HMI).

“Hazardous materials management plan (HMMP)” is a plan completed by the operator that demonstrates how the facility implements required BMPs as required in IMC 13.29.020(C), Hazardous Materials Management Plan (HMMP).

“MSDS sheets” means material safety data sheet (MSDS), a form containing data regarding the properties of a particular substance. A component of workplace safety, it is intended to provide workers and emergency personnel with procedures for handling or working with that substance in a safe manner, and includes information such as physical data (melting point, boiling point, flash point, etc.), toxicity, health effects, first aid, reactivity, storage, disposal, protective equipment, and spill handling procedures.

“Wellhead protection area (WHPA)” means the surface and subsurface area surrounding a well or well field that supplies a public water system through which contaminants are likely to pass and eventually reach the water well(s) as designated under the Federal Clean Water Act. (Ord. 2500 § 2, 2007).

13.29.020 Regulation of facilities handling and storing hazardous materials.

A. Best Management Practices (BMPs) for Handling and Storing Hazardous Materials. Any facility, activity, or residence in the City in which hazardous materials or other deleterious substances are present shall be operated in a manner that ensures safe storage, handling, treatment, use, production, and recycling or disposal of such materials and substances and prevents their unauthorized release to the environment. Businesses that store and/or handle hazardous materials shall, at a minimum, comply with the following BMPs:

1. Waste disposal and record keeping of disposal and use activity;

2. Spill containment supplies and an emergency response plan;

3. An emergency response training plan for all employees;

4. Hazardous materials shall be stored using secondary containment measures at all times;

5. Periodic monitoring of the storage areas and methods used for containment shall be reviewed:

a. On a regular basis;

b. Whenever business practices change regarding hazardous materials; and

c. As required by laws and regulations;

6. In no case shall hazardous materials or other deleterious substances be stored, handled, treated, used, produced, recycled, or disposed of in a way that would pose a significant groundwater hazard within the City.

B. Hazardous Materials Inventory (HMI). The HMI statement shall reflect all current and anticipated types and quantities of hazardous materials that will be stored, handled, treated, used, produced, recycled, or disposed of at a facility. The HMI shall be kept on site at all times. New and existing commercial and industrial land uses and activities located in Class 1 and Class 2 CARAs as identified in IMC 18.10.796(C), Classification, shall submit an HMI statement:

1. Within 1 year of the effective date of the ordinance codified in this chapter;

2. With any new land use or building permit application;

3. With a new business license; and

4. At periodic intervals as needed to keep up with changing business practices.

C. Hazardous Materials Management Plan (HMMP). Hazardous materials quantities correspond to the aggregate total of all hazardous materials, not individual chemicals. Facilities that use aggregate quantities of hazardous materials equal to or greater than 20 gallons or the equivalent of 200 pounds, or that use hazardous materials that may be a potential risk to the WHPA, shall be reviewed to determine the potential risk to the aquifer and the need for an HMMP. Commercial and industrial land uses and activities using aggregate quantities of hazardous materials equal to or greater than 50 gallons or the equivalent of 500 pounds, or that use hazardous materials that are considered to be a potential risk to the aquifer in lower quantities, shall submit an HMMP to the City.

1. The City shall require an HMMP based on the type and aggregate quantity of inventoried material. The following are exempt from an HMMP:

a. Retail sale of containers 5 gallons or less in size when the business has fewer than 500 gallons on the premises at any 1 time; and

b. Hazardous materials of no potential risk to the wellhead protection areas.

2. HMMPs shall demonstrate implementation of BMPs. An HMMP shall be completed by the facility operator and kept on site at all times and shall include:

a. A description of the facility including a floor plan showing storage, drainage and use areas. The plans shall be legible and approximately to scale;

b. The plan shall include and identify all hazardous materials containers, sizes, storage locations and methods of secondary containment of the hazardous materials; and

c. The plan shall, at a minimum, include how the facility implements the BMPs as identified in this code.

D. Inspections. The City shall have the right to inspect a facility at reasonable times for the purpose of determining compliance with this chapter. Inspections may include, but are not limited to:

1. Visual inspections of hazardous materials storage and secondary containment areas;

2. Inspections of HMMP; and

3. Sampling of soils, surface water and groundwater.

E. Third-Party Review. The City may inspect or employ an outside consultant at the applicant’s expense for third-party review for compliance with the BMPs, the HMI and the HMMP.

F. Enforcement. Whenever a person has violated any provisions of this chapter the City may take code enforcement action based on the nature of the violation including but not limited to abatement, injunction, mitigation, fines and penalties as set forth in Chapter 1.06 IMC, Penalties. The choice of enforcement action taken and the severity of any penalty shall be based on the nature of the violation; the damage or risk to the public or to the underlying aquifer, groundwater wells and drinking water infrastructure; and the degree of bad faith demonstrated by the person(s) subject to the enforcement action. In determining appropriate penalties to be assessed for violation(s) of the terms of this chapter, the City shall also consider the financial savings, if any, achieved by the violator(s) in failing to comply with the terms of this chapter. (Ord. 2525 § 4, 2008; Ord. 2500 § 2, 2007).