Chapter 18.30
CRITICAL AQUIFER RECHARGE AREAS
Sections:
Article I. Designation
18.30.010 Critical aquifer recharge areas designation.
Article II. Allowed Activities – Critical Aquifer Recharge Areas
18.30.020 Activities allowed in critical aquifer recharge areas.
Article III. Additional Report Requirements – Critical Aquifer Recharge Areas
18.30.030 Critical area report – Additional requirements for critical aquifer recharge areas.
Article IV. Performance Standards – Critical Aquifer Recharge Areas
18.30.040 Performance standards – General requirements.
18.30.050 Performance standards – Specific uses.
Article V. Prohibited Uses
18.30.060 Uses prohibited from critical aquifer recharge areas.
Article I. Designation
18.30.010 Critical aquifer recharge areas designation.
Critical aquifer recharge areas (CARA) are those areas with a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(2). CARA have prevailing geologic conditions associated with infiltration rates that create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water. (Ord. 389 § 1 (Exh. A) (part), 2011)
Article II. Allowed Activities – Critical Aquifer Recharge Areas
18.30.020 Activities allowed in critical aquifer recharge areas.
The following activities are allowed in critical aquifer recharge areas and do not require submission of a critical area report:
A. Construction of structures and improvements, including additions, resulting in less than five percent or two thousand five hundred square feet (whichever is greater) total site impervious surface area that do not result in a change of use or increase the use of a hazardous substance.
B. Development and improvement of parks, recreation facilities, open space, or conservation areas resulting in less than five percent total site impervious surface area and that does not increase the use of a hazardous substance.
C. On-site domestic septic systems releasing less than fourteen thousand five hundred gallons of effluent per day and that are limited to a maximum density of one system per one acre. (Ord. 389 § 1 (Exh. A) (part), 2011)
Article III. Additional Report Requirements – Critical Aquifer Recharge Areas
18.30.030 Critical area report – Additional requirements for critical aquifer recharge areas.
In addition to the general critical area report requirements of BMC 18.10.160, critical area reports for critical aquifer recharge areas must meet the requirements of this section.
A. Hydrogeologic Assessment Required. For all proposed activities to be located in a critical aquifer recharge area, a critical area report shall contain a level one hydrogeological assessment. The director may require a level two hydrogeologic assessment.
B. Level One Hydrogeologic Assessment. A level one hydrogeologic assessment shall include the following site- and proposal-related information at a minimum:
1. Available information regarding geologic and hydrogeologic characteristics of the site including the surface location of all critical aquifer recharge areas located on site or immediately adjacent to the site, and permeability of the unsaturated zone.
2. Ground water depth, flow direction and gradient based on available information.
3. Currently available data on wells and springs within one thousand three hundred feet of the project area.
4. Location of other critical areas, including surface waters, within one thousand three hundred feet of the project area.
5. Available historic water quality data for the area to be affected by the proposed activity.
6. Best management practices proposed to be utilized.
C. Level Two Hydrogeologic Assessment. A level two hydrogeologic assessment shall include the following site- and proposal-related information at a minimum, in addition to the requirements for a level one hydrogeological assessment:
1. Historic water quality data for the area to be affected by the proposed activity compiled for at least the previous five-year period.
2. Ground water monitoring plan provisions.
3. Discussion of the effects of the proposed project on the ground water quality and quantity, including:
a. Predictive evaluation of ground water withdrawal effects on nearby wells and surface water features; and
b. Predictive evaluation of contaminant transport based on potential releases to ground water.
4. A spill plan that identifies equipment and/or structures that could fail, resulting in an impact. Spill plans shall include provisions for regular inspection, repair, and replacement of structures and equipment that could fail. (Ord. 389 § 1 (Exh. A) (part), 2011)
Article IV. Performance Standards – Critical Aquifer Recharge Areas
18.30.040 Performance standards – General requirements.
A. Activities may only be permitted in a critical aquifer recharge area if the applicant can show that the proposed activity will not cause contaminants to enter the aquifer and that the proposed activity will not adversely affect the recharging of the aquifer.
B. The proposed activity must comply with the water source protection requirements and recommendations of the federal Environmental Protection Agency, State Department of Health, and the Snohomish County Health Department.
C. The proposed activity must be designed and constructed in accordance with the Department of Ecology 2005 Stormwater Management Manual for Western Washington. (Ord. 389 § 1 (Exh. A) (part), 2011)
18.30.050 Performance standards – Specific uses.
A. Storage Tanks. All storage tanks proposed to be located in a critical aquifer recharge area must comply with city building code requirements and must conform to the following requirements:
1. Underground Tanks. All new underground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to:
a. Prevent releases due to corrosion or structural failure for the operational life of the tank;
b. Be protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed to include a secondary containment system to prevent the release or threatened release of any stored substances; and
c. Use material in the construction or lining of the tank that is compatible with the substance to be stored.
2. Aboveground Tanks. All new aboveground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to:
a. Not allow the release of a hazardous substance to the ground, ground waters, or surface waters;
b. Have a primary containment area enclosing or underlying the tank or part thereof; and
c. A secondary containment system either built into the tank structure or a dike system built outside the tank for all tanks.
B. Vehicle Repair and Servicing.
1. Vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. Chemicals used in the process of vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment should leaks occur.
2. No dry wells shall be allowed in critical aquifer recharge areas on sites used for vehicle repair and servicing. Dry wells existing on the site prior to facility establishment must be abandoned using techniques approved by the State Department of Ecology prior to commencement of the proposed activity.
C. Residential Use of Pesticides and Nutrients. Application of household pesticides, herbicides, and fertilizers shall not exceed times and rates specified on the packaging.
D. Spreading or Injection of Reclaimed Water. Water reuse projects for reclaimed water must be in accordance with the adopted water or sewer comprehensive plans that have been approved by the Departments of Ecology and Health.
1. Surface spreading must meet the ground water recharge criteria given in RCW 90.46.080 and 90.46.010(10).
2. Direct injection must be in accordance with the standards developed by authority of RCW 90.46.042. (Ord. 389 § 1 (Exh. A) (part), 2011)
Article V. Prohibited Uses
18.30.060 Uses prohibited from critical aquifer recharge areas.
The following activities and uses are prohibited in critical aquifer recharge areas:
A. Underground Injection Wells. Class I, III, and IV wells and subclasses 5F01, 5D03, 5F04, 5W09, 5W10, 5W11, 5W31, 5X13, 5X14, 5X15, 5W20, 5X28, and 5N24 of Class V wells.
B. Other.
1. Activities that would significantly reduce the recharge to aquifers currently or potentially used as a potable water source.
2. Activities that would significantly reduce the recharge to aquifers that are a source of significant baseflow to a regulated stream.
3. Activities that are not connected to an available sanitary sewer system are prohibited from critical aquifer recharge areas associated with sole source aquifers. (Ord. 389 § 1 (Exh. A) (part), 2011)