40.410.030    Administration

A.    Permit Requirements.

1.    To receive a CARA permit required by Section 40.410.020, the applicant must demonstrate, through a Level 1 site evaluation report, how they will integrate necessary and appropriate best management practices (BMPs) to prevent degradation of groundwater. The applicant must also meet existing local, state, and federal laws and regulations.

2.    If an applicant wants to avoid implementation of the standard, they must submit a Level 2 site evaluation report that demonstrates how the applicant will prevent degradation to groundwater. The applicant must also meet existing local, state and federal laws and regulation.

3.    Applicants that agree to implement all relevant BMPs are exempt from preparing a site evaluation report. Applicants will demonstrate how the implementation of BMPs will be used to prevent degradation to groundwater.

(Amended: Ord. 2005-04-15; Ord. 2018-01-03; Ord. 2018-01-09; Ord. 2020-03-01)

B.    Level 1 Site Evaluation Report/Approval Criteria.

1.    For all proposed activities to be located in a critical aquifer recharge area, the site evaluation report shall include a Level 1 assessment by an engineer as defined in Section 40.386.010. The report will identify appropriate BMPs and show how they will prevent degradation of groundwater. Examples of pollution source controls are described in the Building Code, Fire Code, Clark County Stormwater Manual and Chapter 173-218 WAC, Underground Injection Control Program.

2.    The report will identify how the applicant will follow the requirements of Chapter 90.48 RCW (Water Pollution Control), Chapter 70.105D RCW (Model Toxics Control Act), Chapter 173-340 WAC, and the Dangerous Waste Regulations, Chapter 173-303 WAC, in the event hazardous material is released onto the ground or into groundwater.

3.    The report will be reviewed by the department, in consultation with the Clark County Health Department and the local water purveyor, in conjunction with the same process as the primary development permit. If approved, the applicant will receive a CARA permit allowing the activity on the subject property.

(Amended: Ord. 2005-04-15; Ord. 2018-01-03; Ord. 2018-01-09; Ord. 2020-03-01)

C.    Level 2 Site Evaluation Report/Approval Criteria.

1.    A qualified groundwater professional as defined in Section 40.100.070 will determine whether the proposed activity will have any adverse impacts on groundwater in CARAs. This determination must be based upon the requirements of the Safe Drinking Water Act and the Wellhead Protection Area Program, Public Water Supplies, Chapter 246-290 WAC; Groundwater Quality Standards for the State of Washington, Chapter 173-200 WAC; and Dangerous Waste Regulations, Chapter 173-303 WAC. By this reference, Chapters 173-200, 173-218, 173-303, and 246-290 WAC, as written and hereafter updated, will be part of this chapter.

2.    The Level 2 site evaluation report will include the following:

a.    Identification of the proposed development plan, along with potential impacts (e.g., on-site septic systems and other on-site activities) that may adversely impact groundwater quality underlying or down gradient of the project or project area;

b.    Site plans or diagrams at an appropriate scale (1:2,400 or one (1) inch to two hundred (200) feet) showing the location of abandoned and active wells, springs, and surface water bodies within one thousand (1,000) feet of the project or project area; and

c.    A description of the geologic and hydrologic characteristics of the subject property including the following:

(1)    Lithologic characteristics and stratigraphic relationships;

(2)    Aquifer characteristics including recharge and discharge areas, depth to and static water-flow patterns, and an estimate of groundwater-flow velocity;

(3)    Contaminant fate and transport including probable migration pathways and travel time of a potential contaminant release from the site through the unsaturated zone to the aquifer(s) and through the aquifer(s), and how the contaminant(s) may be attenuated within the unsaturated zone and the aquifer(s);

(4)    Appropriate hydrogeologic cross-sections which depict lithology, stratigraphy, aquifer, units, potential or probable contaminant pathways from a chemical release, and rate of groundwater flow; and

(5)    Existing groundwater quality.

3.    The report will be reviewed by the department, in consultation with the Clark County Health Department and the local water purveyor, in conjunction with the same process as the primary development permit. If approved, the applicant will receive a CARA permit allowing the activity on the subject property.

(Amended: Ord. 2005-04-15; Ord. 2018-01-03; Ord. 2020-03-01)

D.    Appeals.

    Appeals of county decisions under this chapter may be filed under the provisions of Chapter 40.510.

(Amended: Ord. 2005-04-15; Ord. 2018-01-03; Ord. 2020-03-01)

E.    Penalties.

    Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with any of the provisions of this chapter shall be subject to penalties as defined in Chapter 70.119A RCW; Chapters 173-200 and 246-290 WAC; Title 32 of this code; and other local, state, and federal laws.

(Amended: Ord. 2005-04-15; Ord. 2018-01-03; Ord. 2020-03-01)