Chapter 11.02
ENVIRONMENTAL REVIEW AND COMMUNITY IMPACT MITIGATION*
Sections:
11.02.010 Purpose.
11.02.020 Definitions.
11.02.030 Application of chapter.
11.02.040 Permit required.
11.02.050 Application.
11.02.060 Incorporation of other permit requirements.
11.02.070 Fees designated.
11.02.080 Violation – Penalties.
*Cross reference(s) – Environmental mitigation fund, § 3.40.300 et seq.
State law reference(s) – Environmental policy act, RCW 43.21C.010 et seq.; siting of certain facilities, RCW 70.105.010 et seq.
11.02.010 Purpose.
The purpose of this chapter is to establish a single permit process and annual system of fees for the siting of solid waste disposal sites and solid waste energy resource recovery or incineration facilities, and required or government ordered cleanup of solid waste or hazardous waste sites in the city.
(Ord. No. 2718, § 10. Formerly Code 1986, § 4.19.010)
11.02.020 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Applicant shall mean the owner of real property upon which a remedial cleanup is to occur or property upon which a solid waste energy resource and recovery or incineration facility is sought to be located.
Application means a written request submitted under KCC 11.02.050 by the owner of real property upon which a remedial cleanup is to occur or property upon which a solid waste energy resource and recovery or incineration facility is sought to be located.
Cleanup or remedial cleanup includes all onsite and offsite remedial actions at solid waste or hazardous waste sites undertaken by any person to protect the health, safety, and welfare of citizens of the city. This term excludes routine servicing, shutdown or maintenance of solid waste or hazardous waste sites, and any solid waste energy resource and recovery or incineration facility.
Garbage means all accumulations of refuse, swill and other waste matter discarded as of no further value to the owner as defined in KCC 7.03.010.
1. Refuse means waste matter discarded as of no further value, including ashes, cinders, clinkers, lawn cuttings, grass and leaves, broken household furnishings and equipment, discarded hot water tanks, bottles, barrels, cartons, shrubs, small trees, small tree limbs, paper and scraps of wooden crates and boxes; but shall exclude large trees, earth, sand, gravel, rock, broken concrete, plaster, brick and other building materials, automobile bodies, large auto parts, building waste, fire refuse and waste.
2. Swill means all accumulations of animal, fruit, or vegetable matter, liquid or otherwise, that attends the preparation, use, dealing in or storing of meat, fish, fowl, fruit and vegetables.
3. The term garbage excludes manure, sewage and sewage sludge, dead animals over fifteen (15) pounds and cleaning from public and private catchbasins, wash racks or sumps.
Hazardous waste means and includes all dangerous and extremely hazardous wastes as defined by RCW 70.105.010 and 70.105A.020 and as implemented in the Washington Administrative Code.
Moderate risk waste is defined to mean any waste which exhibits any of the properties of hazardous waste but is exempt from regulation under Chapters 70.105 and 70.105A RCW solely because it is generated in quantities below the threshold for regulation by the state.
Site or disposal site or facility means a landfill or disposal facility or part of a facility at which solid waste is placed in or on land and which may or may not be a land treatment facility. This term includes the location of a solid waste energy resource and recovery or incineration facility where treatment, utilization, processing or disposal of solid wastes or hazardous wastes occurs.
Solid waste shall be defined by RCW 70.95.030 and shall include “garbage” and “moderate risk waste” as defined above.
Solid waste disposal means the management, storage, collection, transportation, treatment, utilization, processing and final disposal of solid wastes including the recovering and recycling of materials from solid wastes, the recovery of energy resources from such wastes or the conversion of the energy in such wastes through incineration or other methods to more useful forms or combinations thereof.
Solid waste energy resource recovery or incineration facility means reducing the volume of wastes by use of an enclosed device using controlled flame combustion for solid waste disposal.
(Ord. No. 2718, § 10. Formerly Code 1986, § 4.19.020)
Cross reference(s) – Definitions and rules of construction generally, § 1.01.030.
11.02.030 Application of chapter.
The city council finds that the requirements of this chapter apply only to the extent that cleanup activities at hazardous waste or solid waste sites otherwise require permits or authorizations from the city.
(Ord. No. 2908, § 1, 3-7-90)
Cross reference(s) – Solid waste, ch. 7.03.
11.02.040 Permit required.
No person shall undertake any remedial cleanup of a solid waste or hazardous waste site or undertake siting or construction of a solid waste energy resource and recovery or incineration facility without first being issued a permit from the department of public works under this chapter. Such permit incorporates for purposes of this chapter all other permit and fee requirements, except compliance with the State Environmental Policy Act, RCW 43.21C.010 et seq., the city environmental policy requirements as contained in Ch. 11.03 KCC and KCC 6.02.030 through 6.02.100 relating to public improvements. The requirements of this chapter apply only to the extent that city permits or authorizations are required by law. If no permit or authorization from the city is sought or required by law, the provisions of this section and chapter do not apply. If no additional permits or clearances are required by law from the city beyond a first issuing year, the requirements of this section and chapter shall terminate. If an application thereafter is made from the city as required by law for covered activities at such sites, computation of an annual permit fee shall be determined upon the provisions of KCC 11.02.070(2).
(Ord. No. 2718, § 10; Ord. No. 2908, § 2, 3-7-90. Formerly Code 1986, § 4.19.030)
11.02.050 Application.
To obtain a permit under this chapter, an applicant shall file an application on a form furnished by the department of public works. The application shall contain and identify the following:
1. General description of the nature and scope of work.
2. The property by a full, accurate and complete legal description and address for which the environmental cleanup and community impact mitigation permit is being sought.
3. All known or anticipated transportation routes to be utilized to and from the property.
4. The applicant’s name.
5. The contractor and subcontractors responsible for the remedial cleanup or siting or construction of the site or facility.
6. A state contractor’s number, including related state subcontractors’ numbers.
7. The city business license numbers of such contractor and subcontractors.
8. A certified copy of any final court order, administrative order or other governmental directive, whether adjudicatory, legislative or executive order, requiring the cleanup or the community impact mitigation of the specific site.
9. Any and all contract documents, including award of contract, performance bond and estimated or actual costs of cleanup or construction, including a description of any reserve or contingency fund.
10. An environmental checklist as provided in KCC 11.03.230 or WAC 197-11-960.
11. Evidence of an insurance binder with policy coverage including the city as a co-insured for purposes of public liability, bodily injury and property damage for no less than one million dollars ($1,000,000) per occurrence.
12. Signature of the applicant and persons who will actually be responsible for the environmental cleanup and community impact mitigation actions on and off the designated site.
(Ord. No. 2718, § 10. Formerly Code 1986, § 4.19.040)
11.02.060 Incorporation of other permit requirements.
A. An application for a permit issued under this chapter shall constitute an application for all required permits and licenses otherwise required by the city. Every permit issued by the department of public works and the planning department under the provisions of this chapter shall not excuse compliance with other substantive and procedural requirements of the code.
B. An application made under this chapter by the applicant shall be routed to the planning department, code enforcement and other appropriate departments for consolidated permit review by a permit committee co-chaired by the directors of public works and planning or designees for review and comment.
C. Upon such review, the planning director is authorized to waive, in part or in whole, substantive and procedural requirements of KCC Title 15 relating to zoning and land use upon an evaluation of the following criteria:
1. Adverse impact of substantive and procedural land use requirements upon overall cleanup project feasibility, including project costs, ability of federal, state and local enforcement agencies or owner, including project contractor, to meet cleanup deadlines and schedules and ability of owner or project contractor to meet required performance standards for cleanup.
2. Duration of cleanup activities at the cleanup site.
3. The nature of cleanup activities undertaken at the cleanup site, including the existence of an imminent or threatened release of hazardous waste into the environment and immediate need to prevent or minimize the release of hazardous waste which may cause a substantial danger to the public health or environment.
4. The degree to which such land use and zoning requirements present unusual hardships and practical difficulties inconsistent with the purposes sought in a government required cleanup of a solid waste or hazardous waste site from the strict application of such land use and zoning requirements.
5. Actual conflict of any local substantive or procedural land use requirements with federal or state requirements.
D. The planning director may grant waivers of the above-described provisions in whole or in part for the period of the permit, but, in any event, not to exceed one (1) year. Waiver renewals may thereafter be requested by an applicant in any successive permit applications submitted to the city under this chapter.
(Ord. No. 2718, § 10; Ord. No. 2745, § 3. Formerly Code 1986, § 4.19.050)
11.02.070 Fees designated.
The department of public works shall be responsible for application review, assessment of community impacts and anticipated municipal services, including but not limited to, streets, rights-of-way, water and sewage systems, stormwater drainage systems, transportation systems, emergency response plans and comprehensive land use plans. A permit fee shall be imposed annually based upon a percentage of estimated total construction or cleanup costs submitted by the applicant as follows:
1. The fee for the first or initial annual permit shall not exceed two (2) percent of the first one million dollars ($1,000,000) of the total estimated cost of cleanup or facility construction plus an additional one and one-half (1 1/2) percent of the total estimated actual costs of cleanup or facility construction over one million dollars ($1,000,000). The fee shall not, under any circumstances, exceed two hundred thousand dollars ($200,000) for the initial or first year in which the application is received.
2. Following the submission of any subsequent annual application for a permit under this chapter, the city shall establish annual permit fees based upon anticipated administrative costs and expenses which estimate the cost of continued environmental review and assessment of community impacts. Such expenses shall include but are not limited to departmental services, intergovernmental coordination, consultant fees, legal fees, equipment, supplies and recovery of administrative costs. The fee shall not exceed the estimated costs. All fees shall be paid in full prior to issuance of any permit required under this chapter. The director of public works may accept public improvements in lieu of fees pursuant to procedures provided for under procedures set forth in Ch. 6.02 KCC. Other than provisions for public improvements in lieu of fees, annual fee requirements of this chapter may be waived only by action of the city council. Except for public improvements received in lieu of fees, monies derived from both fees and charges shall be deposited in a designated environmental review and community impact mitigation fund.
(Ord. No. 2718, § 10. Formerly Code 1986, § 4.19.060)
11.02.080 Violation – Penalties.
It shall be unlawful for any person to undertake any cleanup of a solid waste or hazardous waste site or undertake the siting or construction of a solid waste energy resource and recovery or incineration facility without first having secured a permit under this chapter. Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor punishable by five thousand dollars ($5,000) and imprisonment not to exceed one (1) year or both a fine and imprisonment. Each and every day during which any violation of this chapter is continued or permitted shall constitute a separate offense.
(Ord. No. 2718, § 10. Formerly Code 1986, § 4.19.070)