Chapter 14A.150AQUIFER RECHARGE AREAS

Sections:

14A.150.010
Purpose.
14A.150.020
Designation of Aquifer Recharge Areas.
14A.150.030
Protection Standards in Aquifer Recharge Areas.
14A.150.040
Hydrogeological Assessments.
14A.150.010Purpose.

The Growth Management Act requires the City of Lakewood to designate areas and adopt development regulations for the purpose of protecting areas within the city critical to maintaining ground water recharge and quality. The Growth Management Act, Water Pollution Control Act, Water Resources Act of 1971, and the Ground Water Quality Standards require that these actions be taken to protect ground water quality and quantity such that it's use as potable water can be preserved for current and future uses. This ordinance shall define a scientifically valid methodology by which the City of Lakewood will designate areas determined to be critical in maintaining both ground water quantity and quality. This ordinance shall specify regulatory requirements to be enacted when development within these areas is proposed to occur. (Ord. 362 § 3 (part), 2004.)

14A.150.020Designation of Aquifer Recharge Areas.

A. General. Aquifer recharge areas are areas where the prevailing geologic conditions allow infiltration rates which create a high potential for contamination of groundwater resources or contribute to the replenishment of groundwater.

B. Classification. For the purposes of this Chapter, the boundaries of the City's aquifer recharge areas are:

1. The boundaries of the two highest DRASTIC zones which are rated 180 and above on the DRASTIC index range, as identified in Map of Ground Water Pollution Potential, Pierce County, Washington, National Water Well Association, US Environmental Protection Agency; and

2. The Clover/Chambers Creek Aquifer Basin boundary, as identified in Draft Clover/Chambers Creek Basin Ground Water Management Program and Environmental Impact Statement, Brown and Caldwell for Washington State Department of Ecology.

3. Any site located within the Clover/Chambers Creek Basin boundary or the two highest DRASTIC zone boundaries is included in the aquifer recharge area. (Ord. 362 § 3 (part), 2004.)

14A.150.030Protection Standards in Aquifer Recharge Areas.

1. Exemptions. In addition to the exemptions listed in LMC 14A.142.070, the following uses shall be exempt from the requirements of this Chapter:

a. Sewer lines and appurtenances.

b. Individual on-site domestic sewage disposal (septic) systems releasing less than 14,500 gallons of effluent per day, subject to permitting by the Tacoma-Pierce County Health Department

2. Plat Notification. For all proposed short subdivision and subdivision proposals within the City, the applicant shall include a note on the face of the plat. The note shall be as set forth below:

Notice: This subdivision lies within an aquifer recharge are as defined in Chapter 14.150 of the Lakewood Municipal Code. Restrictions on use or alteration of the site may exist due to natural conditions of the site and resulting regulation.

3. Prohibited Activities. Because of high potential for contamination, and low potential for remediation of groundwaters used as potable water sources, the following uses of land shall be prohibited within the City of Lakewood:

A. Landfills, including hazardous or dangerous waste, municipal solid waste, special waste, and woodwaste. Inert and demolition waste landfills may be permitted subject to the requirements of Subsection 5 below.

B. Underground injection wells, except as may be proposed by a public agency for remediation of groundwater contamination or aquifer enhancement.

C. Metals mining

D. New sand and gravel mining

E. Wood treatment facilities

F. Storage of more than 70,000 gallons of liquid petroleum or other hazardous substance.

4. Regulated Activities. The following land uses may only be permitted after review and approval of a hydrogeological assessment by the Tacoma- Pierce County Health Department. Uses requiring a hydrogeological assessment may be conditioned or denied based upon the TPCHD’s evaluation of the hydrogeologic assessment. Other state and federal regulations pertaining to the specific activities are listed should be referenced in the hydrogeologic assessment and agency review:

1. Above Ground Storage Tanks (WAC 173-303-640);

2. Automobile Washing Facilities (WAC 173-216, DOE Publication WQ-R-95-56);

3. Below Ground Storage Tanks (WAC 173-360);

4. Residential structures housing three or more units and utilizing on-site septic systems (WAC 246-272, TPCHD Regulations)

5. Sludge land application sites categorized as S-3, S-4 and S-5, as defined above;

6. Animal Containment Area (WAC 173-216, WAC 173-220);

7. Inert and demolition waste landfills (WAC 173-304);

8. Facilities with the potential to generate hazardous waste, including, but not limited to. boat repair facilities, biological research facilities, dry cleaners, furniture stripping, motor vehicle service garages, photographic processing, and printing shops. (WAC 173-303).

5. Storage Tank Permits. The Fire Marshal specifically regulates and authorizes permits for underground storage tanks, pursuant to the Uniform Fire Code (Article 79) and this Chapter. The Washington Department of Ecology also regulates and authorizes permits for underground storage tanks (WAC 173-360). The TPCHD regulates and authorizes permits for the removal of underground storage tanks (Pierce County Code, Chapter 8.34).

a. Facilities with underground tanks. New Underground Tanks.

All new underground storage facilities used or to be used for the underground storage of hazardous substances or hazardous wastes shall be designed and constructed so as to:

1. Prevent releases due to corrosion or structural failure for the operational life of the tank;

2. Be protected against corrosion, constructed of non-corrosive material, steel clad with a non-corrosive material, or designed to include a secondary containment system to prevent the release or threatened release of any stored substance; and

3. Use material in the construction or lining of the tank which is compatible with the substance to be stored.

4. The installation of underground storage tanks shall also be subject to state and local permit requirements.

b. Above ground tanks.

1. No new aboveground storage facility or part thereof shall be fabricated, constructed, installed, used, or maintained in any manner which may allow the release of a hazardous substance to the ground, groundwaters, or surface waters of Lakewood within an aquifer recharge area.

2. No new aboveground tank or part thereof, with the exception of tanks for potable water, shall be fabricated, constructed, installed, used, or maintained without having constructed around and under it an impervious containment area enclosing or underlying the tank or part thereof.

3. A new aboveground tank that will contain hazardous substances shall be of double wall construction and shall include a secondary containment system separate from the tank that will hold 110% of the tank’s capacity. The secondary containment system must be designed and constructed contain the material stored in the tank. (Ord. 362 § 3 (part), 2004.)

14A.150.040Hydrogeological Assessments.

A. The hydrogeologic assessment may be submitted by a State of Washington licensed hydrogeologist, or Professional Engineer with a strong background in geology as demonstrated by course work from an accredited college or university. Persons who believe they are qualified to conduct a hydrogeologic assessment may petition the TPCHD for consent.

B. The hydrogeologic assessment shall include, but is not limited to:

1. Information sources;

2. Geologic Setting-Include well logs or borings used to identify information;

3. Background water quality;

4. Groundwater elevations;

5. Location/Depth to perched water tables;

6. Recharge potential of facility site (permeability/transmissivity);

7. Groundwater flow direction and gradient;

8. Currently available data on wells located within 1,000 feet of site;

9. Currently available data on any spring within 1,000 feet of site;

10. Surface water location and recharge potential;

11. Water source supply to facility (e.g. high capacity well);

12. Any sampling schedules necessary;

13. Discussion of the effects of the proposed project on the groundwater resource;

14. Other information as required by the TPCHD.

C. Uses requiring a hydrogeologic assessment may be conditioned or denied based upon the TPCHD's evaluation of the hydrogeologic assessment. Any project denied a permit based upon the Tacoma-Pierce County Health Department's evaluation of the hydrogeologic assessment shall receive a written explanation of the reason(s) for denial and an explanation of measures required, if any, to comply with these regulations. (Ord. 362 § 3 (part), 2004.)