Chapter 13.07
WELLHEAD PROTECTION

Sections:

13.07.010    Purpose.

13.07.020    Authority.

13.07.030    Definitions.

13.07.040    Scope and applicability.

13.07.050    Operational requirements.

13.07.055    Hazardous Materials Questionnaire Required.

13.07.060    Repealed.

13.07.065    Hazardous Materials Inventory Statement required.

13.07.070    Repealed.

13.07.075    Hazardous Materials Management Plan required.

13.07.080    Repealed.

13.07.085    Prohibited Activities in Critical Aquifer Recharge Areas.

13.07.090    Repealed.

13.07.100    Performance standards.

13.07.110    Wellhead monitoring program.

13.07.112    Source Control Program.

13.07.115    Groundwater protection incentive program for existing infiltration system modifications.

13.07.120    Reporting of hazardous substances releases and completion of cleanup.

13.07.130    Inspections.

13.07.140    Appeals.

13.07.150    Enforcement authority.

13.07.160    Enforcement policy.

13.07.170    Orders.

13.07.180    Penalty for violations.

13.07.190    Penalties due.

13.07.200    Severability.

13.07.210    Abrogation and restrictions.

13.07.220    Interpretation.

13.07.230    Conflicts.

13.07.240    State statutes and regulations adopted by reference.

13.07.010 Purpose.

The purpose of this chapter is to:

A. Fulfill public water system wellhead protection program requirements of Chapter 246-290 WAC.

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

1. Preventing pollution in the groundwater/drinking water supply through source control inspections aimed at assisting businesses reduce and prevent pollution;

2. Establishing Critical Aquifer Recharge Areas around the City’s water supply wells;

3. Prohibiting new facilities or activities within the Critical Aquifer Recharge Areas that pose a significant threat to the City’s water supply;

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

5. Establishing a monitoring program to identify quality and quantity impacts to the aquifer system and detect the presence of contaminants in groundwater prior to their reaching the City’s water supply wells.

6. Imposing requirements to investigate environmental releases to determine impacts on natural resources. Remediation to mitigate damages are addressed in Section 1.14.080. (Ord. 2957 § 6 (part), 2019: 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. 2957 § 6 (part), 2019: 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.

• “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.

• “Critical Aquifer Recharge Area” means areas with a critical recharging effect on aquifers used for potable water.

• “Director” means the Director of the Public Works Department or his/her designee.

• “Deleterious Substance” means a substance that in contact with groundwater would degrade, alter or form part of a process of degradation or alteration of the groundwater quality so that it becomes or is likely to become harmful for human consumption.

• “Hazardous Materials” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

• “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.

• “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.

• “Hazardous Materials Questionnaire” is a portion of the business license application 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.

• “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.

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

• “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.

• “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.

• “RZC” means the Redmond Zoning Code.

• “Redmond Fire Code” means the fire code adopted by the City of Redmond.

• “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.

• “Significant Groundwater Hazard” means a condition in which there is a reasonable probability of release of a hazardous material or deleterious substance, that, if reached, groundwater would degrade, alter or form part of a process of degradation or alteration of the groundwater quality so that it becomes or is likely to become harmful for consumption. (Ord. 2957 § 6 (part), 2019: 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 Critical Aquifer Recharge Areas are delineated in the map “City of Redmond Critical Aquifer Recharge Areas” adopted as part of Redmond Zoning Code Section 21.64.010(E)(1)(f). Critical Aquifer Recharge Areas are classified into two areas: Critical Aquifer Recharge Areas I and II as defined in RZC 21.64.050 and as follows.

1. Critical Aquifer Recharge Area I is the land area overlying the aquifer in which it will take a maximum of five years for the groundwater to reach any public water source well owned by the City.

2. Critical Aquifer Recharge Area II is the land area overlying the aquifer with a critical recharging effect on the aquifer in which it will take more than five years for groundwater to reach any public water source well owned by the City.

3. Repealed by Ord. 2957.

4. Repealed by Ord. 2957.

The applicability of various requirements in this chapter shall depend upon the critical aquifer recharge area in which the facility or activity is located. (Ord. 2957 § 6 (part), 2019: Ord. 2596 § 2 (part), 2011; Ord. 2180 § 1 (part), 2003).

13.07.050 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 groundwater hazard within the City of Redmond. (Ord. 2957 § 6 (part), 2019: Ord. 2180 § 1 (part), 2003).

13.07.055 Hazardous Materials Questionnaire required.

A. As part of applying for a business license in the City of Redmond, businesses shall fill out a hazardous materials questionnaire. The hazardous materials questionnaire is incorporated into the business license application. (Ord. 2957 § 6 (part), 2019).

13.07.060 Hazardous Materials Questionnaire required.

Repealed by Ord. 2957. (Ord. 2269 § 2 (part), 2005: Ord. 2180 § 1 (part), 2003).

13.07.065 Hazardous Materials Inventory Statement required.

A. The International Fire Code as adopted by Section 15.06.011 establishes when Hazardous Materials Inventory Statements are required citywide. In addition to the Fire Code Official, the Public Works Director has the authority to require a Hazardous Materials Inventory Statement from the owner or operator of a facility or activity that poses a threat to groundwater quality within the Critical Aquifer Recharge Areas. (Ord. 2957 § 6 (part), 2019).

13.07.070 Hazardous Materials Inventory Statement required.

Repealed by Ord. 2957. (Ord. 2180 § 1 (part), 2003).

13.07.075 Hazardous Materials Management Plan required.

A. The International Fire Code as adopted by Section 15.06.011 establishes when Hazardous Materials Management Plans are required citywide. In addition to the Fire Code Official, the Public Works Director has the authority to require a Hazardous Materials Management Plan from the owner or operator of a facility or activity that poses a threat to groundwater quality within the Critical Aquifer Recharge Areas.

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. 2957 § 6 (part), 2019).

13.07.080 Hazardous Materials Management Plan required.

Repealed by Ord. 2957. (Ord. 2180 § 1 (part), 2003).

13.07.085 Prohibited Activities in Critical Aquifer Recharge Areas.

A. The following are hereby prohibited in Critical Aquifer Recharge Areas I and II:

1. Permanent Dewatering of groundwater, unless permitted by the City prior to April 2019.

2. Reclaimed or recycled water use with the exception of uses that discharge to the sanitary sewer.

B. The following are prohibited in Critical Aquifer Recharge Area I:

1. Mobile fleet fueling operations with the exception of mobile fueling of equipment on construction sites.

2. Wood preserving and wood products preserving.

3. Chemical manufacturing, including but not limited to organic and inorganic chemicals, plastics and resins, pharmaceuticals, cleaning compounds, paints and lacquers, and agricultural chemicals.

4. Drycleaners are prohibited from using perchloroethylene solvents. (Ord. 2957 § 6 (part), 2019).

13.07.090 Waiver of forms submittal.

Repealed by Ord. 2957. (Ord. 2180 § 1 (part), 2003).

13.07.100 Performance standards.

A. General Standards. Any facility or activity within the Critical Aquifer Recharge Areas in which hazardous materials or other deleterious substances are present shall comply with the following general standards.

1. Secondary Containment. The owner or operator of any facility or activity shall provide secondary containment for hazardous materials or other deleterious substances in aggregate quantities equal to or greater than 20 gallons liquid or 200 pounds solid.

2. Property owners shall properly decommission all wells that are abandoned. This may include plugging the abandoned well with an approved inert and impervious substance so that groundwater contamination is not possible in the future. State Department of Ecology regulations describe the requirements for decommissioning in chapter 173-160-381 WAC, which is already required by law.

3. Loading and Unloading Areas. Secondary containment or equivalent best management practices, as approved by the City, shall be required at loading and unloading areas that store, handle, treat, use, produce, recycle, or dispose of hazardous materials or other deleterious substances in aggregate quantities equal to or greater than 20 gallons liquid or 200 pounds solid.

4. All businesses that use, store, transport or dispose of hazardous materials shall be required to have a spill kit on-site with spill control materials in quantities needed to counter measure a spill.

B. Specific Performance Standards. In addition to the general standards the following specific performance standards apply to the following listed facilities within Critical Aquifer Recharge Areas I and II:

1. Sewer Pipelines. Should the Director have reason to believe a sewer pipeline is degrading groundwater quality, the Director may require that leak testing be conducted. Should leakage be detected, the Director shall require correction.

2. Stormwater Infiltration Systems. Owners or operators of stormwater infiltration systems 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. All stormwater infiltration systems shall be registered with the Director 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. The owner or operator of a stormwater infiltration system can meet the city’s registration requirement by registering their system with Washington Department of Ecology 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. Hydraulic Elevator Cylinders and associated piping. The owner or operator of any facility with a hydraulic elevator shall inspect the hydraulic system based on the schedule required by Washington State Department of Labor and Industries for evidence of hydraulic fluid leakage. An inspection and maintenance log is required and available upon request by the Public Works 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 in the inspection and maintenance log.

4. Vehicle fuel dispensing facilities shall have the following to control the release of hazardous materials to the soil/groundwater during operation:

a. All underground storage tanks (USTs) and associated piping more than 30 years old must conduct annual inspections including tank and line tightness testing.

b. Fuel dispensing equipment and above ground storage tanks shall be secondarily contained and protected by bollards. Fuel dispensing equipment hoses shall not extend outside of the containment area.

c. A containment system consisting of the following:

i. Impervious pad, poured of Portland cement, or equivalent.

ii. The containment system pad and associated conveyance structures shall be inspected and repaired annually to ensure the functional integrity is maintained to prevent fuel and/or chemicals from reaching the ground. All seams and cracks on the pad and associated conveyance structures shall be sealed with chemical resistant sealers.

5. Vehicle Maintenance areas shall have the following to control the release of hazardous materials to the soil/groundwater during operation:

a. The facility shall conduct vehicle maintenance under a covered or indoor area with drainage to the sanitary sewer, a dead-end sump, or alternative Best Management Practices as approved by the Public Works Director.

b. An impervious concrete pad with petroleum resistant sealant. The pad must be sloped/bermed to contain spills within the maintenance area and not allow stormwater run-on enter the vehicle maintenance area.

c. The maintenance pad and associated conveyance structures shall be inspected and repaired annually to ensure the functional integrity is maintained to prevent fuel and/or chemicals from reaching the ground. All seams and cracks on the pad and associated conveyance structures shall be sealed with chemical resistant sealers.

6. Legal pre-existing vehicle wrecking yards that store wrecked vehicles on pervious surfaces shall implement best management practices to reduce or eliminate the potential for environmental releases to protect groundwater resource.

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. 2957 § 6 (part), 2019: 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 1.14.190 of the Redmond Municipal Code. (Ord. 2957 § 6 (part), 2019: Ord. 2180 § 1 (part), 2003).

13.07.112 Source Control Program.

The Public Works Director shall oversee a program that limits the amount of pollution entering the environment by requiring businesses to construct or implement source control best management practices. Redmond Stormwater Technical Notebook defines the required and recommended best management practices citywide and additionally are important to protect the water supply within the Critical Aquifer Recharge Areas. Through business assistance visits, and review of tenant improvement and new development applications, the Public Works Director will insure that operational and structural best management practices are in place to reduce the release of pollution. If environmental releases are identified during business assistance visits, the City may require subsurface investigation, including soil and groundwater sampling and testing, as a condition of continued operation, and may require remediation as provided in Section 1.14.080 to mitigate natural resource damages. (Ord. 2957 § 6 (part), 2019).

13.07.115 Groundwater protection incentive program for existing infiltration system modifications.

(A) Goal of Groundwater Protection Incentive Program.

(1) The goal of the groundwater protection incentive program is to encourage the early and timely modification of existing stormwater infiltration systems in order to benefit the public through early implementation of groundwater pollution prevention measures, facilitation of proper permitting and construction, and minimization of enforcement actions. Through the program the city will reimburse owners for a portion of the cost of design, engineering, permitting and construction of city-required improvements to protect the groundwater and the city’s drinking water resource. The city will reimburse all property owners who have completed or who hereafter complete improvements under the groundwater incentive protection program codified in this section or as provided in Resolution No. 1321 of the city to the full extent authorized by this section.

(2) As city ratepayer funds are proposed to be expended on private property the city has an obligation to strive for the most cost effective, protective upgrades that address the risks to the public, identified by the city, and also balance the property owner’s operational needs and ongoing maintenance costs.

(B) Groundwater Protection Incentive Program Process.

(1) Parcels with infiltration systems installed before November 1, 2003, which have not already registered with the city, are required to submit a complete registration form. Upon notification from the city, the owner will have three months to submit the complete registration and to be eligible for reimbursement.

(2) After registration forms are reviewed, the city will provide notification that the owner must complete an assessment of their stormwater infiltration system.

(3) The owner will have six months from that notification date to submit a complete Existing Stormwater Infiltration System Assessment Form (assessment) to the city to be eligible for reimbursement.

(4) The city will evaluate the assessment and meet with the owner to discuss site risks, appropriate best management practices, and potential mitigation or modifications specific to each facility to reduce each system’s risk level.

(5) After joint review of the assessment, the city will issue a draft authorized work letter identifying the risk score. Owners will have ten (10) calendar days to file a written request for a meeting with city staff to reconsider the risk score. If discussion with city staff does not result in a consensus, either party may request mediation and a meeting with the mayor as provided in Section 13.07.140 by filing written requests as provided therein. After ten (10) calendar days, if the owners have not filed a written request with city staff as provided in this subsection, or if a request does not result in consensus and no request for mediation or a meeting with the mayor is filed, the city will issue the final authorized work letter.

(6) The authorized work letter will identify the final assessment risk score, required operational best management practices, and the schedule for completion, as well as provide options for meeting structural best management practices and/or system modification requirements to reduce the risk score.

(7) Owners and their engineer(s) will work with the city to develop and review design concepts for modifications, evaluate alternatives appropriate for the site, and select a cost effective alternative. The city will issue a draft authorized alternative letter identifying the selected alternative and approving the owner to prepare a complete cost estimate detailing the cost of all design work, permitting and construction. Owners will have ten (10) calendar days to file a written request for a meeting with city staff to reconsider the selected alternative. If discussion with city staff does not result in a consensus, either party may request mediation and a meeting with the mayor as provided in Section 13.07.140 by filing written requests as provided therein. After ten (10) calendar days, if the owners have not filed a written request with city staff as provided in this subsection, or if a request does not result in consensus and no request for mediation or a meeting with the mayor is filed, the city will issue the authorized alternative letter.

(8) Owners will submit design plans, bid specifications, and an estimate detailing the costs of all design work (incurred and future), permitting, and construction of the selected improvements. After this submittal, the city will issue a draft authorized notice to proceed letter identifying proposed improvements and authorized costs and directing the owner to submit for all required permits. Owners will have ten (10) calendar days to file a written request for a meeting with city staff to reconsider the selected alternative. If discussion with city staff does not result in a consensus, either party may request mediation and a meeting with the mayor as provided in Section 13.07.140 by filing written requests as provided therein. After ten (10) calendar days, if the owners have not filed a written request with city staff, as provided in this subsection, or if a request does not result in consensus and no request for mediation or a meeting with the mayor is filed, the city will issue the final authorized notice to proceed.

(9) All improvements must receive all appropriate city, county, regional, state, and federal permits prior to beginning construction.

(10) During construction changes to the scope of work authorized in the notice to proceed must be documented in a change order request and submitted to the city before out of scope work is completed. The city will issue an authorized change order for approved out of scope work. Every effort will be made to authorize change orders in the field. If additional review time is necessary, it will not extend more than seven days.

(11) When all authorized improvements are complete, and accurate record drawings, stormwater pollution prevention plans and operation and maintenance manuals, if applicable, are received and accepted as complete, the city will issue an acceptance letter within 30 days.

(12) The acceptance letter will identify the date of completion for the purposes of reimbursement. That date of completion shall be the date of final inspection.

(13) After receipt of the acceptance letter, the owner can submit to the city verifiable, itemized and detailed receipts for all authorized improvements and proof of payment for all invoices and lien releases in accordance with the reimbursement submittal checklist.

(14) Upon review of receipts and proof of payment for all authorized improvements, a draft authorized reimbursement of cost letter will be issued to the owner within 30 days.

(15) Owners will have ten (10) calendar days to file a written request for a meeting with city staff to reconsider the reimbursement amount. If discussion with city staff does not result in a consensus, either party may request mediation and a meeting with the mayor, as provided in Section 13.07.140 by filing written requests as provided therein. After ten (10) calendar days, if the owners have not filed a written request with city staff as provided in this subsection, or if a request does not result in consensus and no request for mediation or a meeting with the mayor is filed, the city will issue the final authorized reimbursement of cost letter.

(16) Upon owners’ acceptance of the authorized reimbursement of cost letter, the city will process the reimbursement.

(C) Authorized Work Letter and Reimbursement Schedule.

(1) This schedule replaces the schedule in the assessment criteria referenced in city of Redmond Resolution No. 1321. Parcels will be divided into three groups based on the assessment scores:

(a) Group one parcels will be identified by scores of 19 or higher;

(b) Group two parcels will be identified by scores of eight to 18; and

(c) Group three parcels with scores of seven and below will not be required to modify their systems but will be required to meet appropriate stormwater best management practices. Operational and structural best management practices are defined in RMC 15.24.

(D) Group One Authorized Work Letters.

(1) Group one parcels will be divided into three subgroups: 1A, 1B, and 1C, to facilitate scheduling:

(a) 1A parcels will be issued authorized work letters effective on or after October 1, 2013;

(b) 1B parcels will be issued authorized work letters effective on or after April 1, 2014;

(c) 1C parcels will be issued authorized work letters effective on or after October 1, 2015.

(E) Group One Reimbursement.

(1) For authorized improvements completed by the owner and accepted by the city within three and one-half years from the effective date of the authorized work letter, owners will be reimbursed for 75 percent of the costs approved in the notice to proceed and authorized change order(s).

(2) Repealed by Ord. 2791.

(3) There will be no reimbursement if all authorized improvements are not completed and accepted by the city within three and one-half years from the effective date of the authorized work letter.

(4) The owner will be in violation of this code if authorized improvements are not completed and accepted by the City within four and one-half years from the effective date of the authorized work letter.

(F) Group Two Authorized Work Letters.

(1) Group two parcels will be issued authorized work letters effective on or after January 1, 2018. One consideration for extending the effective date may be completion of groundwater modeling and aquifer delineation by the city.

(G) Group Two Reimbursement.

(1) For authorized improvements completed by the owner and accepted by the city within four years from the effective date of the authorized work letter owners will be reimbursed for 60 percent of the costs approved in the notice to proceed and authorized change order(s).

(2) There will be no reimbursement if authorized improvements are not completed and accepted by the city within four years from the effective date of the authorized work letter.

(3) The owner will be in violation of this code if authorized improvements are not completed and accepted by the City within five years from the effective date of the authorized work letter.

(H) General Notes.

(1) Parcels that are identified to be in a different wellhead protection zone as a result of aquifer delineation will be re-assessed based on their new risk score.

(2) Parcels that have changes to operations or processes that increase or decrease risk will be re-assessed (i.e., if the score is lower than 8, no modification will be required, if the risk score is increased to 19 or above the parcel will be required to meet the Group one schedule and will be reimbursed at the Group one rate, etc.).

(I) Schedule Extensions.

(1) City review of submittals exceeding 30 calendar days will cause the extension of the authorized work letter effective date by one day for each day exceeding 30 days of review time.

(2) Permit review by other agencies exceeding 30 calendar days will cause the extension of the authorized work letter effective date by one day for each day exceeding 30 days of review time. To receive a time extension, the owner must submit materials for review in a timeframe that would allow for issuance of permits assuming a typical permit review cycle and completion of construction within the required timeframe.

(3) Unless the appellant prevails, appeals will not extend the deadline for completion of improvements or eligibility for reimbursement.

(4) The technical committee may grant an extension for extenuating circumstances that result in significant unanticipated delays during construction.

(5) Except as noted above, reimbursement dates will not be extended; however, the technical committee may grant an additional one-year extension for owners that have shown proper justification towards compliance but are unable to reach full completion by the violation date. Demonstration of proper justification effort may include but is not limited to:

(a) Demonstrated economic hardship;

(b) Change of ownership;

(c) Unanticipated construction and/or site design problems; or

(d) Other circumstances beyond the control of the applicant determined acceptable by the technical committee.

(J) Reimbursement Requirements.

(1) To be eligible for reimbursement of authorized costs, the owner must:

(a) Complete registration and assessment submittals within the specified schedule.

(b) Comply with the terms and schedule in the authorized work letter and authorized notice to proceed.

(c) Complete and maintain the required operational best management practices (BMPs) for stormwater and groundwater protection as required in the authorized work letter and authorized notice to proceed.

(d) Complete the requirements in the authorized work letter, authorized notice to proceed and approved permits.

(e) Authorized improvements and authorized change orders eligible for reimbursement may include:

(i) Conduct engineering feasibility studies, designs and drawings of stormwater improvements.

(ii) Construct and install structural stormwater best management practices.

(iii) Replace stormwater system components and associated permitting requirements.

(iv) Purchase equipment or materials to treat stormwater.

(v) Construct, replace, or decommission stormwater infiltration systems.

(vi) Install groundwater monitoring wells.

(vii) Work agreed upon, documented and conducted by qualified employees to design and/or install authorized improvements at rates appropriate for the tasks performed.

(viii) Prepare stormwater reports, pollution prevention reports, operations manuals, and record drawings of modifications.

(ix) Permit fees that were not waived (fire, state, county, etc.).

(f) Submit record drawings, stormwater pollution prevention plans, and operation and maintenance manuals.

(g) Submit receipts and proof of payment for all authorized improvements in accordance with the reimbursement submittal checklist.

(2) The following are not eligible for reimbursement:

(a) Routine and/or annual maintenance of stormwater best management practices or stormwater treatment systems.

(b) Cost of irrigation meters or water meters, installation costs and connection fees for: sanitary sewer, storm water, electricity, water, gas, phone or other utilities.

(c) Design, installation, construction, engineering, or other costs associated with unauthorized work, unauthorized modifications, work to rectify unauthorized modifications, or work not required by the city.

(d) Costs associated with investigation, characterization, analysis, remediation, removal, disposal or any other activities associated with contaminated soil, sediments, surface water, or groundwater.

(e) Modifications made to any stormwater system after February 1, 2008, not authorized by the city.

(f) Any modifications made in violation of city, county, state, or federal codes, rules, laws.

(g) Staff time, unless identified in the authorized notice to proceed, lost productivity, impacts to business, lost rents, vacancies, etc.

(h) Any other site improvements not required as part of this program.

(i) Costs not identified in the authorized notice to proceed or authorized change orders. (Ord. 2957 § 6 (part), 2019: Ord. 2791 § 2, 2015: Ord. 2704 § 2, 2013).

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 173-340 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. 2957 § 6 (part), 2019: 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; and inspections of Hazardous Materials Management Plans. If environmental releases are identified during inspections, the City may require subsurface investigation, including soil and groundwater sampling and testing, as a condition of continued operation, and may require remediation as provided in Section 1.14.080 to mitigate natural resource damages.

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. 2957 § 6 (part), 2019: Ord. 2269 § 2 (part), 2005: Ord. 2180 § 1 (part), 2003).

13.07.140 Appeals.

(A) 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.

(B) Groundwater Protection Incentive Program Decisions. The following additional procedures apply to decisions made under the groundwater protection incentive program:

(1) Any property owner who disagrees with any final decision of the public works director under the groundwater incentive program may appeal that decision by following the appeal procedures for type I decisions under the Redmond Zoning Code. The appeal shall proceed to hearing and final decision by the hearing examiner in the same manner as other type I appeals under the city’s zoning code.

(2) Draft authorized work, notice to proceed, authorized alternative, and reimbursement of cost letters will be issued prior to final decision by the public works director. As provided in Section 13.07.115, if a property owner disagrees with the terms of a draft authorized work, notice to proceed, authorized alternative, or reimbursement of cost letter, the property owner may file a written request that the city staff reconsider such terms within ten (10) calendar days of the issuance of the draft letter. If a timely request for reconsideration is filed, the property owner and the city will meet within ten (10) calendar days of the city having received the request in a good faith attempt to resolve the issues. If the meeting is not successful, either party may elect to submit any remaining issues to a neutral mediator by filing a mediation request within ten (10) calendar days of the unsuccessful meeting. Any required time period for the public works director to make a final decision is tolled pending completion of the reconsideration and mediation process and the submittal of a reconsideration request by a property owner constitutes the property owner’s consent to such tolling.

(3) Notwithstanding the provisions of Section 13.07.140(B)(2), either party may request that a neutral mediator be agreed upon at any time after the property owner submits its issues in writing, even though the obligatory meeting to resolve disputes has not yet taken place.

(4) If the parties cannot agree upon a neutral mediator within five (5) business days of a request by either party that a mediator be named, either party may, on the shortest notice authorized by court rule, petition the presiding judge of the King County Superior Court to immediately appoint a neutral mediator with substantial land use, environmental, or civil engineering experience in addition to substantial mediation experience.

(5) Each party shall pay an equal share of the mediator’s fees.

(6) Mediation shall be completed within thirty (30) calendar days from the date the request for mediation is filed. If mediation does not result in an agreement, either party may, within five (5) calendar days after mediation is completed, request that the owners and the city staff meet with the mayor in a good faith attempt to reach a resolution. The meeting will be scheduled as expeditiously as possible given the mayor’s schedule.

(7) If a request for reconsideration, mediation, or a meeting with the mayor results in agreement on the terms of an authorized work, notice to proceed, authorized alternative, or reimbursement of cost letter, the public works director shall issue a final authorized work, authorized alternative, notice to proceed, or reimbursement of cost letter containing the agreed-upon terms. If no agreement is reached as the result of a request for reconsideration, mediation, or meeting with the mayor, or if no timely request for reconsideration, mediation, or meeting with the mayor is made, the public works director shall issue a final authorized work, notice to proceed, authorized alternative, or reimbursement of cost letter setting forth the city’s final position and the period for appealing the public works director’s decision shall commence. (Ord. 2957 § 6 (part), 2019: Ord. 2704 § 3, 2013: 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. 2957 § 6 (part), 2019: 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. 2957 § 6 (part), 2019: 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 Section 1.14.100. (Ord. 2957 § 6 (part), 2019: 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. 2957 § 6 (part), 2019: 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. 2957 § 6 (part), 2019: 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. 2957 § 6 (part), 2019: 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. 2957 § 6 (part), 2019: 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. 2957 § 6 (part), 2019: 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. 2957 § 6 (part), 2019: Ord. 2596 § 2 (part), 2011: Ord. 2180 § 1 (part), 2003).

13.07.240 State statutes and regulations adopted by reference.

The following state statutes and administrative regulations are hereby adopted by this reference as if set forth in full, to the extent necessary to interpret and implement this chapter:

A. RCWs    Title

43.20    Drinking Water

70.95    Dangerous and Solid Waste

70.105    Dangerous Waste, MTCA, Sediment Standards

90.48    Ground Water, Surface Water, Sediment

90.54    Ground Water

90.70    Sediment

B. WACs    Title

173-200    Water Quality Standards for Ground Waters of the State of Washington

173-201    Water Quality Standards for Surface Waters of the State of Washington

173-216    State Waste Discharge Permit Program

173-220    National Pollutant Discharge Elimination System Permit Program

173-204    Sediment Management Standards

173-303    Dangerous Waste Regulations

173-304    Minimum Functional Standards for Solid Waste Handling

173-340    The Model Toxics Control Act Cleanup Regulation

246-290    Public Water Supplies

(Ord. 2957 § 6 (part), 2019).