Chapter 13.07 WELLHEAD PROTECTION

B. Protect the general public health and prevent contamination of groundwater resources used by the City as a drinking water supply from hazardous materials and other deleterious substances through the following methods:

1. Preventing pollution;

2. Establishing wellhead protection zones around the City’s water supply wells;

3. Prohibiting new facilities or activities that may pose a significant hazard to the City’s groundwater resources resulting from storing, handling, treating, using, producing, recycling, or disposing of hazardous materials or other deleterious substances;

4. Imposing standards for storing, handling, treating, using, producing, recycling, or disposing of hazardous materials so as to preclude the introduction of such materials into soil, surface water, or groundwater; and

5. Establishing a monitoring program to detect the presence of contaminants in groundwater prior to their reaching the City’s water supply wells. (Ord. 2180 § 1 (part), 2003).

13.07.020 Authority.

This chapter is established under authority of the Optional Municipal Code (Chapter 35A.70 RCW), Growth Management Act (Chapter 36.70A RCW), Public Water Systems – Penalties and Compliance (Chapter 70.119A RCW), and Public Water Supplies (Chapter 246-290 WAC). (Ord. 2180 § 1 (part), 2003).

13.07.030 Definitions.

For the purpose of this chapter, the following definitions shall apply. Additional definitions related to wellhead protection are located in Redmond Zoning Code Chapter 21.78, Definitions.

(1) “Business license” means that document issued by the City under authority of Chapter 5.04 of the Redmond Municipal Code licensing the transaction of the indicated business by the person whose name appears thereon for the stated year.

(2) “Director” means the Director of the Public Works Department or his/her designee.

(3) “Hazardous Materials Inventory Statement” means a form provided by the City of Redmond and completed by a facility owner or operator that discloses the types, quantities, and locations of hazardous materials and other deleterious substances that are or will be stored, handled, treated, used, produced, recycled, or disposed of at the facility. The Hazardous Materials Inventory Statement shall be prepared pursuant to requirements of the Redmond Fire Code, Chapter 15.06 RMC.

(4) “Hazardous Materials Management Plan” means a form provided by the City of Redmond and completed by a facility owner or operator that includes the facility description; the Hazardous Materials Inventory Statement; descriptions of separation, secondary containment, and monitoring for aboveground and underground storage areas and waste disposal; record keeping; an emergency response plan; and an emergency response training plan. The Hazardous Materials Management Plan shall be prepared pursuant to requirements of the Redmond Fire Code, Chapter 15.06 RMC.

(5) “Hazardous Materials Questionnaire” means a form provided by the City of Redmond and completed by a facility owner or operator that discloses the types and estimated amounts of hazardous materials used by the facility, and the operational activities of the facility.

(6) “Monitoring well” means a well designed to obtain a representative groundwater sample or designed to measure the water level elevations in either clean or contaminated water or soil.

(7) “Operator” means any person or persons in control of, or having responsibility for, the operation of a facility.

(8) “Owner” means, for purposes of this chapter, a person or persons with a vested ownership interest in a facility, including a leasehold interest, but does not include persons holding only contingent interests or security interests in all or a portion of the facility.

(9) “Person” means an individual, firm, association, joint venture, partnership, municipality, government agency, political subdivision, industry, public or private corporation, owner, lessee, tenant, or any other entity whatsoever.

(10) “RZC” means the Redmond Zoning Code.

(11) “Redmond Fire Code” means the fire code adopted by the City of Redmond.

(12) “Retail facility” means a building, structure, or portion thereof, used for the display and sale of merchandise, and involving stocks of goods, wares, or merchandise incidental to such purposes and accessible to the public. Retail facilities include, but are not limited to, the following: department stores, drug stores, markets, paint stores without bulk handling, shopping centers, and wholesale and retail stores.

(13) “Wellhead Protection Zones” means land areas delineated by the City for purposes of safeguarding groundwaters that supply, or potentially supply, drinking water to wells operated by the City. (Ord. 2596 § 2 (part), 2011; Ord. 2269 § 2 (part), 2005: Ord. 2180 § 1 (part), 2003).

13.07.040 Scope and applicability.

A. The provisions of this chapter shall apply to all facilities, activities, and residences in the City of Redmond that store, handle, treat, use, produce, recycle, or dispose of hazardous materials or deleterious substances.

B. Boundaries for wellhead protection zones are delineated in the map “City of Redmond Wellhead Protection Zones” adopted as part of Redmond Zoning Code Section 21.64.010(E)(1)(f). Wellhead Protection Zones are classified into four zones: Wellhead Protection Zones 1, 2, and 3, as defined in accordance with Chapter 246-290 WAC, and Wellhead Protection Zone 4.

1. Wellhead Protection Zone 1 represents the land area overlying the six-month time-of-travel zone of any public water source well owned by the City.

2. Wellhead Protection Zone 2 represents the land area that overlies the portion of the one-year time-of-travel zone that does not lie in the six-month time-of-travel zone of any public water source well owned by the City, excluding the land area contained within Wellhead Protection Zone 1.

3. Wellhead Protection Zone 3 represents the land area that overlies the portion of the five-year and ten-year time-of-travel zones of any public water source well owned by the City that does not lie in the one-year time-of-travel zone, excluding the land area contained within Wellhead Protection Zone 1 or 2.

4. Wellhead Protection Zone 4 represents all the remaining land area in the City not contained within Wellhead Protection Zone 1, 2, or 3.

The applicability of various requirements in this chapter shall depend upon the zone in which the facility or activity is located. (Ord. 2596 § 2 (part), 2011; Ord. 2180 § 1 (part), 2003).

13.07.050 Information and operational requirements.

A. 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.

B. 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 of Redmond. (Ord. 2180 § 1 (part), 2003).

13.07.060 Hazardous Materials Questionnaire required.

A. Businesses, public agencies, institutions, nonprofit organizations, and any other organization or person located in Wellhead Protection Zones 1, 2, or 3 that use, store, handle, treat, produce, recycle, or dispose of hazardous materials shall submit a Hazardous Materials Questionnaire in accordance with RMC 5.04.070(d), or at the request of the Director, within thirty (30) days of receipt of notice from the City and shall comply with the wellhead protection chapter accordingly. The City may grant a one-time thirty (30) day extension at the written request of the person. The Director shall review and approve the Hazardous Materials Questionnaire and use it to determine whether the person must submit a Hazardous Materials Inventory Statement.

B. The following facilities or activities are exempt from submitting a Hazardous Materials Questionnaire:

1. Heating equipment fuel tanks with a capacity of less than one thousand one hundred (1,100) gallons existing as of the effective date of this chapter and containing heating fuel for consumptive use on the parcel where used.

2. Petroleum products stored in vehicle or equipment fuel tanks.

3. Storage within retail facilities of hazardous materials or other deleterious substances for sale in original containers with a capacity of less than or equal to five (5) gallons liquid or one hundred (100) pounds solid.

4. Application of fertilizers and pesticides and their commercial formulations, if done in accordance with state and federal standards for accepted farming and horticultural practices.

5. Temporary presence of maintenance chemical substances, such as paints and paint thinners, that are actively in use for nonroutine maintenance or repair of a facility in individual containers not to exceed five (5) gallons liquid or one hundred (100) pounds solid.

C. If it is determined that a facility or an activity that has been exempted under subsection B of this section poses a significant groundwater hazard, the City may require compliance with relevant provisions of this chapter.

D. If the use of an exempt facility is changed or if the facility is expanded or upgraded, the owner or operator shall submit a Hazardous Materials Questionnaire within thirty (30) days of the change to determine the regulatory status of the facility under this chapter. (Ord. 2269 § 2 (part), 2005: Ord. 2180 § 1 (part), 2003).

13.07.070 Hazardous Materials Inventory Statement required.

A. If the Hazardous Materials Questionnaire determination establishes that a facility or activity transfers, stores, handles, uses, produces, recycles, or disposes of aggregate quantities of hazardous materials or deleterious substances equal to or greater than twenty (20) gallons liquid or two hundred (200) pounds solid, the owner or operator of the facility or activity must submit a Hazardous Materials Inventory Statement within thirty (30) days of receipt of notice from the City. The Hazardous Materials Inventory Statement shall reflect all current and anticipated types and quantities of hazardous materials and other deleterious substances that will be stored, handled, treated, used, produced, recycled, or disposed of at a facility. The City shall review and approve the Hazardous Materials Inventory Statement. The Hazardous Materials Inventory Statement shall be used by the Director to determine if a Hazardous Materials Management Plan is required.

B. Use of Information from Other Jurisdictional Agencies. Information required in the Hazardous Materials Inventory Statement may be substituted with or supplemented by information already documented or tabulated in an equivalent level of detail in a permit issued to the facility or activity by other jurisdictional agencies. The information must be submitted in a format acceptable to the City. (Ord. 2180 § 1 (part), 2003).

13.07.080 Hazardous Materials Management Plan required.

A. If the Director determines that a facility or activity has aggregate quantities of hazardous materials or other deleterious substances of more than fifty (50) gallons liquid or five hundred (500) pounds solid or if the Director determines the facility or activity would pose a significant groundwater hazard, the owner or operator must submit a Hazardous Materials Management Plan within sixty (60) days of receipt of notice from the City. The City may grant a one-time thirty (30) day extension at the written request of the owner or operator. The Hazardous Materials Management Plan shall be submitted in a format approved by the City and shall include the location of the Material Safety Data Sheets at the facility.

B. Availability of the Hazardous Materials Management Plan. The facility owner or operator shall make certain that a copy of the Hazardous Materials Management Plan is available at the facility and is conspicuously located such that a copy or copies of the plan are immediately available to all employees involved with transferring, storing, handling, treating, using, producing, and recycling or disposing of hazardous materials or other deleterious substances.

C. Training Requirements. The facility owner or operator shall ensure that all employees involved with transferring, storing, handling, treating, using, producing, and recycling or disposing of hazardous materials or other deleterious substances are familiar with the Hazardous Materials Management Plan through regular training. (Ord. 2180 § 1 (part), 2003).

13.07.090 Waiver of forms submittal.

A. The submission of a new Hazardous Materials Questionnaire, Hazardous Materials Inventory Statement, or Hazardous Materials Management Plan may be waived if the previously submitted forms on file with the Director are accurate and up-to-date.

B. The request for waiver must be submitted annually on a form provided by the Director and must be signed by the owner or operator attesting that there have been no changes in operation standards, or quantities or types of hazardous materials transferred, stored, handled, used, produced, recycled, or disposed of at the facility as reported in the forms on file.

C. The City may require submittal of a renewed Hazardous Materials Questionnaire, Hazardous Materials Inventory Statement, and/or Hazardous Materials Management Plan at its discretion. (Ord. 2180 § 1 (part), 2003).

13.07.100 Performance standards.

A. General Standards. Any facility or activity existing as of November 1, 2003, within which hazardous materials or other deleterious substances are present shall comply with the relevant performance standards in Redmond Zoning Code Section 21.64.050(D) or equivalent best management practices acceptable to the City.

B. Specific Performance Standards. The following specific performance standards apply to the following listed facilities within Wellhead Protection Zone 1 or 2:

1. Sewer Pipelines. Should the Director have reason to believe that the operation of a sewer pipeline and conveyance system appurtenances existing as of November 1, 2003, may be degrading groundwater quality, the Director may require that leak testing be conducted. Should leakage be detected, the Director shall require correction to his/her satisfaction.

2. Stormwater Infiltration Systems. Owners or operators of stormwater infiltration systems existing as of November 1, 2003, must address specific risks posed by hazardous material storage or processing. These risks may be mitigated by physical means and/or equivalent best management practices in accordance with an approved, site-specific Hazardous Materials Management Plan, Stormwater Pollution Prevention Plan, or equivalent plan accepted by the Director.

a. Any stormwater infiltration system shall be registered with the Director by February 3, 2009, using the registration form developed by the Director. Certain stormwater infiltration systems are regulated by the state as Underground Injection Control (UIC) wells under Chapter 173-218 WAC and may meet the city’s registration requirement by registering their systems as separately required by the Washington Department of Ecology by February 3, 2009, and providing a copy of the Ecology registration to the Director.

b. Repealed by Ord. 2422.

c. Repealed by Ord. 2422.

d. An assessment of the potential risks to groundwater from any registered stormwater infiltration system shall be completed by the owner or operator and submitted to the Director by February 3, 2011. Assessment criteria have been developed by the Director in consultation with affected facility owners or operators. The assessment shall be completed for each stormwater infiltration system.

e. If through the assessment process, a stormwater infiltration system is determined to pose a potential significant groundwater hazard based on the assessment score, the Director shall issue an Authorized Work Letter detailing the work required to mitigate risks at the facility. Authorized work may include, but not be limited to, best management practices, system modifications, or infiltration system replacement to protect groundwater quality, pursuant to the guidance and schedule in the assessment criteria. If replacement of an infiltration system is required and there are no alternative stormwater discharge options available, then in addition to the authorized work, groundwater monitoring will be required, in accordance with the groundwater monitoring requirements in the assessment criteria, until an alternative discharge becomes available. If monitoring results for such a facility indicate contamination of the groundwater at any time, all activities contributing to the contamination shall be required to cease immediately.

f. Provisions to prevent releases of hazardous materials into stormwater systems shall be updated in the Hazardous Materials Management Plan, Stormwater Pollution Prevention Plan, or equivalent plan accepted by the Director and supported by upgraded or new stormwater system designs, as necessary, to reflect significant changes in types, quantities, and handling of hazardous materials.

g. The owner or operator of a stormwater infiltration system shall notify the Director of the intent to modify or replace a stormwater infiltration system and shall obtain all appropriate approvals and permits prior to any modification or replacement.

3. Underground Hydraulic Elevator Cylinders. The owner or operator of any facility with an underground hydraulic elevator pressure cylinder shall inspect the annulus at least once every six (6) months for evidence of hydraulic fluid leakage and report the results to the Director. If leakage is detected, the facility owner or operator shall complete repairs within thirty (30) days of discovery of leakage, and document such repairs to the Director within thirty (30) days of completion of repairs.

C. Residential Users. Residential users of hazardous materials living in the City of Redmond shall reduce contamination risks to groundwater by:

1. Following storage, use, and disposal instructions on all household hazardous chemical containers;

2. Following storage, use, application, and disposal instructions for pesticides, herbicides, and fertilizers;

3. Following storage, use, and disposal instructions for automotive fuels, lubricants, and cleaning products; and

4. Reporting unauthorized releases of hazardous materials into the environment. (Ord. 2596 § 2 (part), 2011; Ord. 2521 § 2, 2010: Ord. 2422 § 1, 2008: Ord. 2269 § 2 (part), 2005: Ord. 2180 § 1 (part), 2003).

13.07.110 Wellhead monitoring program.

A. The City may develop and maintain a Citywide Wellhead Monitoring Program in order to monitor water quality and detect potential contamination before it reaches the City’s water supply wells.

B. If the City has probable cause to suspect groundwater contamination at a facility, the City shall request permission of the owner or operator to install groundwater monitoring wells and sample at a frequency to be determined. If the request is denied, the City may apply for an administrative search warrant pursuant to Section 1.14.090 of the Redmond Municipal Code. (Ord. 2180 § 1 (part), 2003).

13.07.120 Reporting of hazardous substances releases and completion of cleanup.

A. The owner or operator of a facility shall provide a written notice to the Director at the same time as reporting a release under either of the following programs:

1. The Department of Ecology’s Model Toxics Control Act (MTCA) (Chapter 173-3440-300 WAC) Cleanup Regulations, or

2. The U.S. Environmental Protection Agency’s Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. Section 9503c).

B. The owner or operator of a facility shall provide written notice to the Director within five (5) business days of receipt of a No Further Action letter from the Department of Ecology, or a final Record of Decision from U.S. Environmental Protection Agency, regarding confirmation of cleanup of a release at the facility. (Ord. 2180 § 1 (part), 2003).

13.07.130 Inspections.

A. The City shall have the right to inspect a facility at reasonable times for the purposes of determining compliance with this chapter. Inspections may include, but are not limited to, visual inspections of hazardous materials storage and secondary containment areas; inspections of Hazardous Materials Management Plans; and sampling of soils, surface water and groundwater.

B. Prior to making inspections on private property for compliance with this chapter, the City’s inspector shall present identification credentials, state the purpose of the inspection, and request entry.

C. If the property or any building or structure on the property is unoccupied, the inspector shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.

D. If after reasonable effort the inspector is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the property creates an imminent hazard to human health or the environment, the inspector may enter.

E. In the event that access by a City inspector is denied, the City may apply to a court of competent jurisdiction for issuance of a search warrant authorizing entry for purposes of carrying out the inspections provided for under this section.

F. Coordination with Other City Inspection Programs. City inspectors shall endeavor to coordinate inspections for wellhead protection with stormwater, fire, and/or other applicable inspection programs. (Ord. 2269 § 2 (part), 2005: Ord. 2180 § 1 (part), 2003).

13.07.140 Appeals.

Appeals concerning the application and administration of this chapter shall be processed according to the administrative procedures provided in Redmond Zoning Code Chapter 21.76, Review Procedures, unless associated with another permit, in which case the appeal procedures in Redmond Zoning Code Chapter 21.76 for the associated permit will apply. (Ord. 2596 § 2 (part), 2011: Ord. 2180 § 1 (part), 2003).

13.07.150 Enforcement authority.

The Director shall administer and enforce this chapter and shall have the authority to adopt and implement administrative procedures for such enforcement. (Ord. 2180 § 1 (part), 2003).

13.07.160 Enforcement policy.

Enforcement action shall be taken whenever a person has violated any provisions of this chapter. 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/or 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 the chapter, the City shall also consider the financial savings, if any, achieved by the violator in failing to comply with the terms of this chapter. (Ord. 2180 § 1 (part), 2003).

13.07.170 Orders.

The Director shall have the authority to issue to an owner or operator of a facility, or any other person, an order to bring the facility into compliance with this chapter in accordance with the provisions set forth in RMC 1.14.100. (Ord. 2269 § 2 (part), 2005: Ord. 2180 § 1 (part), 2003).

13.07.180 Penalty for violations.

A. Persons Subject to Penalty. Any person who violates or fails to comply with the requirements of this chapter or who fails to conform with the terms of an approval or order issued by the Director shall be subject to civil and/or criminal penalties. Civil and criminal penalties shall be administered as provided in Chapter 1.14 of the Redmond Municipal Code. Each day of continued violation shall constitute a separate violation.

B. Aiding or Abetting. Any person who, through an act of commission or omission, aids or abets a violation shall be considered to have committed a violation for the purposes of the civil penalty.

C. Procedures for Imposing Penalty. The procedures for notice of violation and imposition of penalties under this chapter shall be the same as for other code violations as described in Chapter 1.14 of the Redmond Municipal Code, provided, that such procedures may be initiated by either the Director or the Code Compliance Officer upon request of the Director.

D. Community Service or Supplemental Environmental Project Alternative. The Director may, at his/her discretion, provide the option for payment of all or part of any penalties incurred by any person(s) to be made in the form of community service or a Supplemental Environmental Project that will be of benefit to the environment and the City. If a person(s) decides to avail himself/herself of this option when offered by the Director, the Director and the person(s) shall enter into a formal written agreement providing for the community service or Supplemental Environmental Project. This agreement shall include, in detail, the description of the service(s) to be rendered or the project to be implemented by the person(s) in penalty for noncompliance with this chapter. The description shall include the hours of service(s) needed to offset the aforementioned penalties based on a mutually agreed upon hourly rate for service.

E. Reinspection Fees. In addition to the penalties imposed by the Code Hearing Examiner, the Director may impose a reinspection fee for any facility found not to be in compliance with this chapter. The reinspection fee shall be independent of any current or future penalties that may be incurred by the facility owner or operator for noncompliance with this chapter. (Ord. 2180 § 1 (part), 2003).

13.07.190 Penalties due.

Penalties imposed by the Code Hearing Examiner under this chapter shall become due and payable thirty (30) calendar days after receiving notice of the penalty unless application for remission or mitigation is made or an appeal filed. Whenever an application for remission or mitigation is made, penalties shall become due and payable thirty (30) calendar days after receipt of the decision regarding the remission or mitigation. Whenever an appeal of a penalty is filed, the penalty shall become due and payable after all review proceedings and a final decision has been issued confirming all or part of the penalty. If the amount of a penalty owed is not paid within the time specified in this section, the City may take actions necessary to recover such penalties. (Ord. 2180 § 1 (part), 2003).

13.07.200 Severability.

If any portion of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances shall not be affected. (Ord. 2180 § 1 (part), 2003).

13.07.210 Abrogation and restrictions.

It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions, unless specifically provided otherwise in this chapter. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. (Ord. 2180 § 1 (part), 2003).

13.07.220 Interpretation.

The Director shall be responsible for interpreting the provisions of this chapter. The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter. (Ord. 2180 § 1 (part), 2003).

13.07.230 Conflicts.

When any existing provision of the Redmond Municipal Code or the Redmond Zoning Code conflicts with this chapter, that which provides greater public health and environmental protection, as determined by the Director, shall apply, unless specifically provided otherwise in this chapter. (Ord. 2596 § 2 (part), 2011: Ord. 2180 § 1 (part), 2003).