4-4-110 STORAGE, BULK:
A. INTENT:
The intent of the regulation of bulk storage is to allow such uses in a location and manner so they are compatible with adjacent or abutting properties and beneficial to the City and in accordance with the State Environmental Policy Act. It is further the intent to ensure that the safety, health, welfare, aesthetics and morals of the community are maintained at a high level. (Ord. 5676, 12-3-2012; Ord. 5963, 3-2-2020)
B. SPECIAL REVIEW AND HIGHER STANDARDS REQUIRED:
Due to the unique characteristics and problems inherent in making bulk storage compatible with surrounding properties and environment, the City Council finds that special review of bulk storage uses is required to ensure the intent of these regulations; and the City Council expressly finds that in the Green River Valley, City of Renton and surrounding areas, there has been a loss in air quality and that a potential exists for a continuing deterioration in this air quality due in part to the unique meteorological and topographic characteristics such as the channeling and holding of air masses by inversions and the surrounding hills. This degradation in air quality adversely affects the livability and desirability of the City and is injurious to the health and well-being of its citizens. Those uses classified as a recognized higher risk have higher standards applied to them including, but not limited to, landscaping, traffic and access and hazardous materials. These regulations are to supplement and be in addition to existing code provisions. (Ord. 2962, 9-8-1975, Amd. Ord. 2967, 9-22-1975; Ord. 5963, 3-2-2020)
C. SPECIAL PERMIT AND ADMINISTRATION:
1. Special Permit Required for Bulk Storage: Bulk storage may be allowed only by special permit as specified in RMC 4-9-220. The fee for the special permit for bulk storage is specified in the City of Renton Fee Schedule. (Ord. 3653, 8-23-1982)
2. Applicability: The Department of Community and Economic Development shall be responsible for determining whether an application is bulk storage. (Ord. 2962, 9-8-1975, Amd. Ord. 2967, 9-22-1975; Ord. 5676, 12-3-2012)
3. Authority and Responsibility: The Hearing Examiner is designated as the official agency of the City for the conduct of public hearings, and the Community and Economic Development Administrator is responsible for the general administration and coordination. The Administrator shall establish administrative procedures, which shall include, but are not limited to: preparation of application forms, determining completeness and acceptance of application, and establishment of interdepartmental review routing procedures. (Ord. 2962, 9-8-1975, Amd. Ord. 2967, 9-22-1975, Amd. Ord. 3101, 1-17-1977, eff. 1-1-1977; Ord. 3592, 12-14-1981; Ord. 5676, 12-3-2012)
4. Provision of Information: The responsibility of producing information and data to establish that the proposed bulk storage complies with the standards set forth in this Section shall be on the applicant. (Ord. 2962, 9-8-1975; Amd. Ord. 2967, 9-22-1975)
5. Evaluation Criteria: The Hearing Examiner shall review the impact of the proposed use to determine whether it is compatible with the proposed site and general area. The Hearing Examiner may require any applicable bulk standard to be up to fifty percent (50%) more strict than specified to alleviate a potential problem, providing it shall be shown: (Ord. 2962, 9-8-1975; Amd. Ord. 2967, 9-22-1975; Amd. Ord. 3101, 1-17-1977, eff. 1-1-1977)
a. That because of special circumstances applicable to subject property, including size, topography, location or surroundings and special characteristics applicable to subject facilities including height, surface drainage, toxic substances, traffic and access, sound, liquid waste, light and glare, odorants, flammable and explosive materials and gaseous wastes, the strict application of the zoning code and bulk storage regulations is found to deprive neighboring properties of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification.
b. That the application of more strict standards will not be materially detrimental to the subject facility and will maintain the full rights, privileges and environment of neighboring properties.
c. That the application of such modifications shall be supported by documented evidence of a clear and compelling nature to justify such stricter standards. (Ord. 5963, 3-2-2020)
D. DEVELOPMENT STANDARDS:
1. Height of Containers and Stock Piles: The maximum height of all storage containers and stock piles of bulk materials and/or products shall be forty feet (40') or that of the structure height of the underlying zone if more restrictive. The storage of bulk materials in containers above manufacturing plants shall not be considered as bulk storage, but shall be classified as part of the supporting structure. No roof shall extend beyond five percent (5%) slopes drawn from forty foot (40') high vertical surfaces contiguous to the base of the structure. Only accessory items such as, but not limited to, antennas, ladders, light fixtures, railings, vent pipes and safety or health related items shall be excluded from the determination of structure height.
2. Setbacks: All structures and bulk storage, except security fences, opaque screens and signs, shall be located at least sixty feet (60') from all public rights-of-way, wildlife habitat, public areas, parks and waterways which include, but are not limited to, rivers, lakes, streams and drainage channels. In all other instances the setbacks shall be at least twenty feet (20') from the property line.
3. Landscaping and Screening:
a. Intent: The intent of landscaping and screening is to minimize the visual impact of bulk storage as viewed from adjacent or nearby properties or facilities and to enhance the image of the industrial areas and the City. (Ord. 2962, 9-8-1975; Amd. Ord. 2967, 9-22-1975)
b. Screening Required for Recognized Higher Risk Storage: Those bulk storage uses which are considered as having a recognized higher risk shall have a barrier as specified in subsection D12 of this Section, Hazardous Materials, with a screen that is at least eighty percent (80%) opaque on top of the barrier and set back at least twenty feet (20') from the property line.
i. Height of Screen: The barrier shall have a maximum height of four feet (4') when measured as in subsection D12d of this Section. The combined height of the four-foot (4') (maximum) barrier and screen shall be at least twenty five percent (25%) of the height of the bulk storage provided such combination is at least eight feet (8') high. An optional security fence shall have at least a twenty-foot (20') setback.
ii. Landscaping Required: All areas between the property lines and the screen shall be landscaped except for ingress and egress areas and except when a second bulk storage facility has a contiguous side or rear property line with an existing bulk storage facility constructed to the standards specified in this Section. The landscape plan shall be prepared by a licensed landscape architect and approved by the Administrator. (Ord. 5676, 12-3-2012)
iii. Tree Retention and Land Clearing: Bulk storage and accessory uses shall comply with tree retention and land clearing regulations in RMC 4-4-130. (Ord. 5828, 12-12-2016; Ord. 5963, 3-2-2020)
c. Screening Required for Other Bulk Storage: Those bulk storage uses not included in subsection D3b of this Section shall have a screen including gates and shall be at least eighty percent (80%) opaque surrounding the property area. Said screen shall be at least twenty five percent (25%) as high as the bulk storage containers or stock piles provided said screen is at least eight feet (8') high. The screen and optional security fence shall be set back at least twenty feet (20') from all property lines except that for those bulk storage facilities whose total ownership is less than two and one-half (2-1/2) contiguous acres in area, the Hearing Examiner may reduce this setback up to fifty percent (50%) for good cause and upon proper written application. All areas between the property lines and the screen shall be landscaped except for ingress and egress areas and except when a second bulk storage facility has a contiguous side or rear property line that abuts an existing bulk storage facility constructed to the standards specified in this Section provided there is at least a twenty-foot (20') landscaped strip. The landscape plan is to be approved by the Administrator. A landscaped berm may be used by itself or in combination with a screen provided the required height is met. The slopes of said berm shall be a maximum of two feet (2') horizontal to one foot (1') vertical. There shall be a flat area on top of the berm with a minimum width of two feet (2'). A retaining wall may be substituted for the internal side of the berm provided the retaining wall is approved by a licensed engineer. (Ord. 3653, 8-23-1982; Ord. 5676, 12-3-2012; Ord. 5828, 12-12-2016)
d. Landscaping Maintenance: The maintenance of landscaping shall be assured prior to the issuance of a building permit by requiring one of the following options: (i) the posting of a performance bond for one hundred fifty percent (150%) of the estimated cost of maintenance of landscaping for a three (3) year period, (ii) the depositing with the City Clerk of a certified or cashier’s check for one hundred fifty percent (150%) of the estimated cost of maintenance of landscaping for a three (3) year period, (iii) filing with the City Clerk a copy of a service contract for maintenance of landscaping for a three (3) year period, or (iv) such other written commitments that will assure satisfactory maintenance of landscaping for a three (3) year period. Any of the four (4) options above are to be approved as to legal form prior to acceptance by the City. Landscaping is to be maintained in a healthy, neat manner and shall be subject to periodic inspection by the City.
4. Signs Permitted: The only identification signs permitted shall be one sign per street frontage that shall be four feet (4') in height or less, with a maximum of two (2) faces and no more than thirty (30) square feet per face. Such signs may be illuminated by external lights. Exit and entrance signs four (4) square feet in area or less may be placed at street entrances. (Ord. 2962, 9-8-1975; Amd. Ord. 2967, 9-22-1975)
5. Surface Drainage:
a. Intent: The intent of this standard is to protect property from damage and loss due to flooding, erosion and deposition caused by the adverse alteration of natural drainage flow patterns and rates, and to promote development practices which enhance the quality, benefits and enjoyment of the natural watercourses.
b. Standards: Surface drainage shall be approved by the Development Services Division and shall comply with the design specifications set forth in the latest editions or revisions of Standard Specifications for Municipal Public Works Construction by the Washington State Chapter American Public Works Association, and Highway Hydraulics Manual by the Washington State Highway Commission, Department of Highways.
c. Design Criteria: The design of bulk storage facilities and accessory uses shall minimize the size of impervious areas, avoid soils with infiltration potential, and reduce soil compaction to the extent feasible, and be consistent with the Surface Water Design Manual. (Ord. 5828, 12-12-2016)
6. Toxic Substances:
a. Intent: The intent of this standard is to extend to the general public basic precautions used in industry dealing with the exposure of workers to toxic materials. As a requisite to protecting the public health and welfare, and especially as that public includes the very young and other sensitive members, the environment should be kept free of unnecessary concentrations of these toxic substances by using the best practicable control and process technology in all phases of manufacture and handling and by a sincere commitment to good housekeeping practices.
b. PSAPCA Standards: The ambient air quality standards specified in Regulation 1 of the Puget Sound Air Pollution Control Agency (PSAPCA) shall apply to all air contaminants specifically listed therein.
c. Maximum Concentrations of Toxic Substances:
i. Those toxic substances not specifically listed in Regulation 1 of the PSAPCA, but released into the ambient air shall be in accordance with the fractional quantities set forth in subsection D6c(ii) of this Section and for those toxic substances listed in the most current publication, entitled Threshold Limit Values, of the American Conference of Governmental Hygienists (ACGIH).
ii. The concentration of a single toxic substance measured in an air sample shall not exceed one-fiftieth (1/50) of the threshold limit value or ceiling “C” limit value at the lot lines or one one-hundredth (1/100) of the threshold limit value or ceiling “C” limit value at the lot-district line. The concentrations of two (2) or more substances shall be considered as in the publication of ACGIH.
iii. Those carcinogenic substances listed in threshold limit values having no listed threshold limit value shall not be detectable by the most sensitive method in air samples taken at the lot or lot-district lines.
d. Method of Measurement: The samples shall be taken by a qualified person as per the publication of the ACGIH and the concentrations of toxic substances shall be measured in a certified laboratory or facility at the request of the Administrator. (Ord. 5676, 12-3-2012)
7. Traffic and Access Control:
a. Intent: The intent of this standard is to promote the safety of travel on public streets in industrial areas where dense and variable traffic flows cause additional hazards to persons and property and to provide for uninterruptable access to all properties and neighbors of a potential major fire, emergency or hazard.
b. Access Requirements: All lots used by an industry of recognized higher risk shall be served on at least two (2) sides by accesses of dimensions equal to an industrial access street. Such accesses shall be continuously open to City departments for clearing or repair at the owner’s expense.
c. Emergency Vehicle Access: When on-site emergency access is required for fire or other emergency equipment, a through route shall be provided and maintained in a free and open condition at all times, with an exit from the lot different from the entrance and separated by at least three hundred feet (300') when not on opposite sides of the lot. Any fire or emergency access, including but not limited to this subsection, shall conform with the recommendations of the Fire Department and together with a traffic flow pattern, when required, shall be clearly defined on a site plan. (Ord. 2962, 9-8-1975, Amd. Ord. 2967, 9-22-1975; Ord. 5806, 6-20-2016)
d. Traffic Flow, Setbacks from Access Routes and Curb Cuts: A definitive traffic flow pattern shall be provided on the property for all traffic, both truck and automobile, such that all traffic shall cross lot lines traveling in a forward direction. Necessary transportation between different parts of the same building or complex of buildings when located on one continuous lot shall be by private access routes, confined to the property so as to not cause unnecessary congestion or hazards on public streets. Such on-site access routes shall be located at a distance of at least ten feet (10'), or on the property side of any required planting strip, from all pedestrian sidewalks or edge of public right-of-way. Curb cuts for purposes of vehicular access shall be kept to a minimum on both number and width consistent with the property traffic flow pattern. Curb cuts for purposes of stormwater management shall be designed to allow runoff to enter low impact development best management practices such as bioretention. (Ord. 5828, 12-12-2016)
e. Separation of Parking from Loading/Maneuvering Areas: Provisions shall be made for the separation of parking of private automobiles from any space or area used for maneuvering, parking or loading or any truck, vehicle or trailer either while attached to or unattached from any mover.
f. Overpasses: Overpasses extending over a public right-of-way shall be limited to pedestrian foot traffic except that conduits for the transmission of information may be included if concealed within the primary structure of the overpass. The design, lighting and landscaping of such structures shall clearly exhibit a high level of aesthetic design and furthermore shall be reviewed and approved by the Development Services Division. (Ord. 2962, 9-8-1975, Amd. Ord. 2967, 9-22-1975; Amd. Ord. 3592, 12-14-1981)
g. Paving of Access Routes: All on-site surfaces used for daily traffic within the lot or as a part of the traffic flow pattern required in subsection D7d of this Section shall be paved and maintained in a good condition with an asphalt surfacing, or its equivalent if approved, to prevent the generation of dust or the tracking of mud onto public rights-of-way. (Ord. 5676, 12-3-2012)
h. Surfacing of Storage Areas: Storage areas not intended for maneuvering space shall be paved with a surface satisfactory to the Hearing Examiner to meet the requirements of this Chapter and minimize dust and control stormwater drainage. (Ord. 3653, 8-23-1982)
8. Sound:
a. Intent: The intent of this standard is to establish maximum sound levels for industrial sources as received in other properties of the same or different environmental use designation. This is accomplished by implementing the sound level requirements of the Washington Administrative Code as it applies to industrial sources of sound and all sound receptors.
b. WAC Regulations Adopted by Reference: The regulation of industrial sounds as set forth in chapter 173-60 of the Washington Administrative Code (WAC), Maximum Environmental Noise Levels, is hereby incorporated by reference.
c. Classifications: The Classifications for Use Districts (Zoning Codes) of the City of Renton shall be assigned the Environmental Designation for Noise Abatement (EDNA) Codes as follows:
|
EDNA Class A: |
RC, R-1, R-4, R-6, R-8, RMH, R-10, R-14, RMF |
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EDNA Class B: |
CN, CV, CD, CA, COR, CO, UC |
|
EDNA Class C: |
IL, IH, IM |
(Ord. 5744, 1-12-2015; Ord. 5759, 6-22-2015)
d. Maximum Sound Levels: The sound level of an industrial (EDNA Class C) sound source when measured in the prescribed manner and location shall not exceed the following values:
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MAXIMUM PERMITTED SOUND LEVELS IN RECEIVING EDNA CLASSES FROM EDNA CLASS C (INDUSTRIAL) SOURCE |
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|---|---|---|---|
|
EDNA CLASS OF RECEPTOR |
MAXIMUM SOUND LEVEL1 (dB(A)) |
DURATION IN MINUTES IN ANY ONE-HOUR PERIOD |
APPLICABLE HOURS5 |
|
A A A A A A A A |
60 65 70 75 50 55 60 65 |
Continually 152 52 1-1/22 Continually 152 52 1-1/22 |
7 am – 10 pm 7 am – 10 pm 7 am – 10 pm 7 am – 10 pm 10 pm – 7 am 10 pm – 7 am 10 pm – 7 am 10 pm – 7 am |
|
B B B B |
65 70 75 80 |
Continually 153 53 1-1/23 |
All All All All |
|
C C C C |
70 75 80 85 |
Continually 154 54 1-1/24 |
All All All All |
|
1 Source: Chapter 172-60 WAC, “Maximum Environment Noise Levels”. 2 Total of all dB(A)s over 60 not to exceed 15 minutes in any one hour. 3 Total of all dB(A)s over 65 not to exceed 15 minutes in any one hour. 4 Total of all dB(A)s over 70 not to exceed 15 minutes in any one hour. 5 The lower noise in EDNA Class A apply to all hours of the weekends and holidays. |
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e. Reduction Due to Method of Measurement: All maximum sound level values for impulsive sounds shall be reduced five (5) decibels when measured with an A-weighted network.
f. Extension of Hours of Restrictions: The hours of lower sound levels shall be extended in EDNA Class A environments for all hours of the weekend, from midnight Friday to midnight Sunday, and the following holidays, as officially observed by the City of Renton: New Year’s Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
9. Liquid Waste:
a. Intent: The intent of this standard is to preserve and enhance the quality of the environment and protect the public health and welfare by preventing the disposal of liquid industrial wastes by unacceptable methods and in unapproved areas. Liquid waste shall include surface run-off waters as per subsection D5 of this Section, Surface Drainage, when contaminated with chemicals, oils or other toxic substances.
b. Discharge Regulated: The discharge of all waterless liquid waste shall be subject to the conditions of subsection D9d of this Section and/or disposed of by a liquid waste disposal company.
c. Standards and Permits: The discharge of any water containing liquid, gas or solid wastes in solution and/or as a mixture into any part of the natural water system shall comply with the standards and compatibility requirements of the Washington State Department of Ecology or any successor department or agency thereof. The Administrator shall be supplied with a true copy of any and all discharge permits issued to the facility by the State of Washington Department of Ecology. (Ord. 5676, 12-3-2012)
d. Standards for Discharge into Sewer System: All wastes discharged into a sewerage system shall comply with the applicable regulations of the City of Renton and the municipality of metropolitan Seattle sewerage system governing the control and disposal of industrial waste.
e. Disposal Schedule: All liquid wastes undisposable by treatment, after treatment, or by sewerage system shall be disposed of on a scheduled basis clearly related in both rate and magnitude with the industrial process or source generating the waste.
f. Proof of Compliance: Upon request, the industry shall provide substantial proof of having disposed of liquid waste, falling in the categories of subsection D9e of this Section equal to or greater than eighty percent (80%) in either volume or weight of the amount generated during the previous six (6) months of operation. Should the generation of such liquid waste be on a sporadic basis then the industry shall provide written evidence of substantial compliance with this subsection. (Ord. 5676, 12-3-2012)
g. Prevention of Odorants: The release of odorants or gaseous wastes from liquid wastes awaiting disposal shall be prevented by using adequate means of storage and all other reasonable means necessary.
h. Treatment of Liquid Waste: Any treatment of liquid waste solely for the purpose of disposal shall be permitted when the generation of any solid or gaseous wastes is adequately handled in compliance with these standards and all other rules and regulations of State and regional agencies. Such treatment shall employ the best practicable control currently available to industry.
10. Light and Glare:
a. Intent: The intent of this standard is to afford the public the safety of adequate lighting while avoiding unnecessary glare and exposure to excessive outdoor illumination which may create a hazard or unreasonably interfere with the relaxation and enjoyment of public open spaces, rights-of-way, and normal residential activities and pursuits.
b. Method of Measurement: Illumination levels shall be measured with a photoelectric photometer (light-meter) having a spectral response similar to that of the human eye, following the standard spectral luminous efficiency curve adopted by the International Commission of Illumination.
c. Maximum Levels: The illumination from all sources located on a lot shall have the maximum value of eleven (11) lumens per square meter outside of lot lines and six (6) lumens per square meter outside the district line. In all cases of conflict the district line value shall apply. The intrinsic brightness of any source visible beyond the district lines shall have a maximum value of fifty (50) candles per square centimeter. Intermittent, rotating or flashing lights of an intrinsic brightness greater than two (2) candles per square centimeter and with a frequency greater than once in any five (5) second time period shall not be visible beyond district lines unless for the sole purpose of alarm or giving warning.
11. Odorants:
a. Intent: The intent of this standard is to prevent the occurrence of certain offensive odors in the environment by limiting the concentration of chemical compounds which are known to produce strong olfactory responses. This standard does not attempt to determine the intrinsic or subjective good or bad qualities of an odor, but only that the concentration of specific constituent compounds are above adopted values which have been accepted for the health and well-being of the general public.
b. Maximum Levels: The concentration of specific compounds listed in the following schedule shall not exceed the odor threshold values in two (2) consecutive air samples. Three (3) air samples are to be taken over a two (2) hour period, one sample each at the beginning and end of the test period and one sample near the time midway through the sample period. The Administrator may establish the time of the sample period. When more than one concentration is listed for a substance in these standards, the more stringent shall apply.
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ODORANT CONCENTRATIONS FOR SPECIFIC CHEMICALS IN CLEAN AMBIENT AIR |
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|---|---|---|
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POLLUTANT
|
ODOR THRESHOLD1 |
|
|
(ppm) |
(mg/m3) |
|
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Acetone Acrolein Allyl disulfide Allyl mercaptan Ammonia |
320.00 15.00 0.0001 0.0005 0.037 |
770.00 15.00 0.00006 0.00015 0.026 |
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Amyl alcohol Apiole Benzene i-Butanol n-Butanol |
10.00 0.0063 60.00 40.00 11.00 |
35.00 0.057 180.00 120.00 33.00 |
|
i-Butylacetate n-Butylacetate n-Butylformate Butyric acid Camphor |
4.00 7.00 17.00 0.00028 16.00 |
17.00 35.00 70.00 0.000001 100.00 |
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Carbon disulfide Carbonetetrachloride Chlorine Diacetyl 1,2-Dichloroethane |
7.70 200.00 0.01 0.025 110.00 |
23.00 260.00 0.029 0.088 450.00 |
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Diethylketone Dimethylamine Dimethyl sulphide Dioxane Ethanol |
9.00 6.00 0.02 170.00 50.00 |
33.00 11.00 0.051 620.00 93.00 |
|
Ethylacetate Ethyleneglycol Ethyl mercaptan Ethyl selenide Ethyl selenomercaptan |
50.00 25.00 0.000016 0.000062 0.0000018 |
180.00 90.00 0.00004 0.00035 0.000008 |
|
Ethyl sulphide Heptane Hydrogen selenide Hydrogen sulphide Iodoform |
0.00025 220.00 3.00 0.0011 0.00037 |
0.00092 930.00 10.00 0.0015 0.0061 |
|
Ionone Methanol Methylacetate Methylenechloride Methylethylketone |
0.000000059 5900.00 200.00 150.00 25.00 |
0.00000046 7800.00 550.00 550.00 80.00 |
|
Methylformate Methyleneglycol Methyl-i-butylketone Methyl mercaptan Methylpropylketone |
2000.00 60.00 8.00 0.0011 8.00 |
5000.00 190.00 32.00 0.0022 27.00 |
|
Octane Ozone Phenol i-Propanol n-Propanol |
150.00 0.10 3.00 40.00 30.00 |
710.00 0.20 12.00 90.00 80.00 |
|
i-Propylacetate n-Propylacetate Propyl mercaptan Pyridine Scatole |
30.00 20.00 0.000075 0.012 0.000000075 |
140.00 70.00 0.00023 0.04 0.0000004 |
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Sulphur dioxide Tetrachloroethylene Tetrahydrofuran Toluene 1,1,1-Trichloroethane |
30.00 50.00 30.00 40.00 400.00 |
79.00 320.00 90.001 40.00 2100.00 |
|
Trichloroethylene Trimethylamine Valeric acid Vanillin Xylene |
80.00 4.00 0.00062 0.000000032 20.00 |
440.00 96.00 0.0026 0.0000002 100.00 |
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1 ppm is parts per million at 20° and 760 torr mg/m3 is milligrams per cubic meter |
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(Ord. 5676, 12-3-2012)
c. Testing Procedure: The samples shall be taken by a qualified person and the concentrations of odorants shall be measured in a certified laboratory or facility at the request of the Administrator. The location for taking the three (3) samples shall remain fixed during the test period and shall be at a point outside lot lines, at ground level or habitable elevations and a safe and reasonable place consistent with the location of the reported violation. (Ord. 5676, 12-3-2012)
d. Monitoring Required Upon Complaint: Monitoring shall be undertaken only upon receipt of a complaint made by a person who resides, owns property, or is employed in the area affected by the complained of odors, unless the area is designated as a public use area whereupon all complaints will be accepted.
e. Other Remedies Not Impaired: Nothing in this standard shall be construed to impair any cause of action or legal remedy therefor of any person, or the public for injury or damages arising from the emission of any odorant in such place, manner or concentration as to constitute air pollution or a common law nuisance.
12. Hazardous Materials:
a. Intent: The intent of this standard is to provide adequate separation between highly flammable or explosive materials used in industries of a recognized higher risk and the neighboring properties and public areas, total containment of all highly flammable, toxic and polluting liquid materials, limits for the stored quantity of highly flammable and explosive materials as a function of property area, and all other reasonable safety measures deemed necessary for the protection of people, property, and the environment from the threat and destruction of fire and/or explosion, and to prevent encumbering adjoining properties with burdens which are related to the hazards of highly flammable and explosive materials.
b. Off-Site Economic Burdens Prohibited: An industry shall not impose economic burdens such as, but not limited to, higher insurance rates and/or operational limitations upon neighboring facilities due to its location and hazardous nature. All necessary modifications shall be made to both such characteristics and the site plan so as to not impact neighboring facilities.
c. Barrier Required: An industry or facility storing for its own use or redistribution any highly flammable toxic or polluting liquid of a capacity equal to or greater than the lesser of that quantity sufficient to result in a flow across lot lines or a quantity of fifteen (15) cubic inches per square foot of total lot area shall construct a permanent continuous barrier surrounding all buildings, structures and facilities which could contribute to the flow. The storage in liquid form of those materials which are normally in a gas phase at ambient temperature and atmospheric pressures shall be contained within a barrier unless it is determined that dispersion of the resulting gas or aerosol would be less hazardous. The capacity of the space within the barrier shall be one hundred percent (100%) of the maximum possible volume of stored liquid and the top of the barrier shall be at least one foot (1') above this liquid level. The barrier shall be designed and constructed in such a manner that there is no visible leakage on or below any portion of the exterior surface of the barrier which is below the level of the confined liquid after a forty eight (48) hour period. A report on a test of a typical barrier section constructed to full scale shall be prepared by a licensed engineer and submitted as proof of the design. (Ord. 5676, 12-3-2012)
d. Barrier Design: The barrier shall be of earthen material with two (2) sloping sides extending to grade level without any vertical cuts or retaining walls. The top of the barrier shall be flat. The barrier shall have a maximum vertical height of four feet (4') when measured between the grade level at the internal toe to the top. The slope of the sides and width of the top shall be according to accepted engineering design for holding ponds. The design of the barrier shall minimize the likelihood of damage by major earthquakes whose epicenters are located in the Pacific Northwest. All ingress into and egress from the inner side of the barrier shall be over the barrier top. The roadway shall be constructed so as to not weaken the barrier or decrease its resistance to earthquake damage. When the barrier and landscaped berm are one and the same structure no vertical cuts or retaining walls shall be allowed in the common structure.
e. Fire Suppression System Standards: On-site fire suppression systems shall be fully automatic with manual overrides from at least two (2) locations outside the barrier. The fire suppression system shall be connected to central dispatch of the Fire Department by means of a remote station protecting signaling system, in accordance with the specifications of the National Fire Code, Volume 7, of the National Fire Protection Association.
The best practicable control shall be used for the prevention of fires and explosions, for the detection of fires and other related hazards, and for the protection of life and property from fires, explosions and their related effects. (Ord. 5806, 6-20-2016)
f. Maximum Quantities and Permitted Locations: The manufacture and/or storage of explosives or blasting agents shall comply with the quantities and locations set forth in the following schedule as per type of explosive, quantity to be manufactured and/or stored and the distances from the lot lines. The quantities are the maximum amount that shall be allowed for any one company, facility or site. The stated distances are the minimum that shall be allowed.
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QUANTITY AND DISTANCE FOR EXPLOSIVE MATERIAL MANUFACTURE AND STORAGE |
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|---|---|---|
|
EXPLOSIVE MATERIAL1 |
QUANTITY IN POUNDS |
DISTANCE FROM LOT LINES IN FEET |
|
Explosive – Class A |
0 to 5 |
280 |
|
Blasting Agents |
0 to 5 5 to 10 10 to 20 20 to 30 |
280 360 440 500 |
|
Explosive –Class B and C |
0 to 5 5 to 10 10 to 20 20 to 30 30 to 40 40 to 50 |
210 270 330 380 420 450 |
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1Definitions and classification as per “Washington State Explosive Act”, chapter 70-74 WAC, as amended by Chapter 72, Laws of 1970. |
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g. Additional Requirements: The manufacture and/or storage of explosives, blasting agents and similar such substances shall comply with all other conditions and regulations as set forth in the Washington State Explosives Act, chapter 70-74 WAC.
h. Separation of Barrier and Fire Code Dyke: The dyke required by the Uniform Fire Code (with a minimum holding capacity of one hundred percent (100%) of the single largest tank) and the barrier required by the bulk storage regulations (with a holding capacity of one hundred percent (100%) of the total capacity of all tanks plus one foot (1')) shall be separated by at least one hundred feet (100') for the safety of firefighting personnel. Such separation shall be measured from the external toe of the dyke to the internal toe of the barrier or from the setback line when the internal toe of the barrier is closer to the property line than the required setback.
i. Combination of Requirements Encouraged: The requirements for a barrier, landscaping and opaque screen and/or berm are encouraged to be combined into a single configuration similar to that shown in the second figure of subsection D3 of this Section, Landscaped Berm and Opaque Screen. The required opaque screen may be satisfied by a properly designed security fence.
j. Impervious Surfacing Required: All exposed ground surfaces within structures intended for the containment of spills shall be impervious to those stored and/or handled liquids which may result in the contamination of the underlying soil. The ground surface within the barrier shall be impervious unless all potential points of spill have intermediate containment structures. Contaminating liquids shall also include solid chemicals when readily soluble in water and transportable into the subsoil by dissolution in surface water. The impervious area in the case of such contaminated surface water shall be determined by intercept points in an approved drainage system.
13. Gaseous and Particulate Emissions:
a. Intent: The intent of this standard is to limit the unnecessary generation of all air contaminants, to decrease the annual emissions from stationary sources and all related transfer operations on the site by controlling land use intensity and requiring the use of the best practicable control of the emission of airborne contaminants to achieve and maintain a healthful environment of clean air.
b. Preferred Process Methods: Process methods and procedures currently available in industry which are known to cause fewer in number and lesser quantities of air contaminants shall be used in all cases. In addition the best practicable control shall be used for the control and removal of air contaminants.
c. PSAPCA Requirements: Compliance with the emission and density schedule in this subsection D13 does not relieve the owner or operator of the facility of the responsibility of meeting the requirements of Regulation 1 of the Puget Sound Air Pollution Control Agency.
d. Substance Density Limitations: The emission of specific substances into the air shall be limited to the total annual and spatial density, relative to land use for each facility as set forth in the emission and density schedule in this subsection D13.
e. Further Emission Limitations During an Alert: A facility shall be capable of achieving a condition of near-zero discharge during an alert or higher stage of operational and technical means to reach the lowest physically possible quantity of emissions during the entire alert period. It shall be the responsibility of the Administrator to enforce a reduction in the process weight to comply with this restriction. (Ord. 5676, 12-3-2012)
f. Hydroseeding Required: All ground surfaces not included in developmental coverage, left in an undisturbed condition of natural flora, or required landscaping which may contribute to the amount of airborne particulate matter shall be suitably covered by hydroseeding or the equivalent with grasses or other vegetation to prevent the generation of dust.
g. Report by Developer Required: It shall be the responsibility of the developer of the facility to ascertain the information required in the emission and density schedule in this subsection D13 and to report such finding to the Administrator. All new facilities or expansion of existing facilities, unless exempted by the limitations in the emission and density schedule in this subsection D13, shall provide an initial report covering the emission of those specific substances listed in the emission and density schedule in this subsection D13. The report shall cover the first three (3) months of operation and shall be filed with the Administrator within thirty (30) days after the end of the reporting period. The report shall enumerate all sources by type or category contributing ten percent (10%) or more of the total emission for each specific substance. The total of all sources contributing less than ten percent (10%) individually may be grouped as one entry and if so shall specify the number of sources included. The report shall contain such information or analyses as will disclose the reported values of the emissions which are or may be discharged by such source. The report shall be certified by a licensed engineer. (Ord. 5676, 12-3-2012)
h. Quarterly Reports May Be Required: Each emission greater than twenty percent (20%) of the annual weight per facility or spatial density, computed on an annual basis, as reported in subsection D13g of this Section shall be reported thereafter on a quarterly basis until such time as the total weight of the specific emission drops below and remains below the twenty percent (20%) specified above. Such reports shall be due and filed with the Administrator within thirty (30) days after the end of the reporting quarter. The beginning and ending dates of each quarter shall be established during the approval process. (Ord. 5676, 12-3-2012)
i. Notification Required: Each facility subject to this standard shall be responsible for notifying the Administrator of all new initial emissions of a substance listed in the emission and density schedule in this subsection D13 and all increases in emissions of that specific substance for existing sources, above the twenty percent (20%) level specified in subsection D13h of this Section. Such notification will be in a report as per subsection D13g of this Section. (Ord. 5676, 12-3-2012)
j. Additional Reports Authorized: In addition to such reports as required above, the Administrator may designate and employ a licensed engineer of his choice to make an independent study and report as to the type and quantity of emissions which are or may be discharged from the source. The Administrator shall be authorized to enter and inspect the facility upon a showing of need and upon the owner’s permission or upon court order. (Ord. 5676, 12-3-2012)
k. Locational Restrictions for Facilities with Emissions: The site of bulk storage facilities emitting any of those substances listed in the emission and density schedule in this subsection D13 shall comply with the following limitation on location. No new facility or expansion of an existing facility shall be permitted within five thousand feet (5,000') of an existing bulk storage facility if their combined emission for any of the listed substances exceeds two (2) times the permitted annual emission of the substance for a single facility. The emissions of applicable existing facilities shall be reduced as per subsection D13l of this Section.
l. Special Emission Standards for Existing Facilities: All existing bulk storage facilities on the effective date of this Section (9-18-1975) and emitting more than the maximum permitted emission of any listed substance shall be assumed as having the maximum permitted emission for the purpose of calculating the locational density of facilities as specified in subsection D13k of this Section. For the purpose of this standard, existing bulk storage facilities shall include those facilities for which substantial construction, other than site preparation, is in progress and as determined by the Administrator. (Ord. 5676, 12-3-2012)
m. Compliance Later Required for Existing Facilities: All existing facilities qualifying under subsection D13l of this Section shall comply with the emission standards set forth in the emission and density schedule in this subsection D13 within three (3) years of the effective date of this Section. A one-time extension of up to two (2) years may be granted upon the showing of good cause why compliance cannot be achieved within the specified time period. (Ord. 5676, 12-3-2012)
n. Efficiency Rating – Minimum: Emission control shall be required of those specific substances for which a report is required as per subsection D13h of this Section. Sources and/or points of emissions within the lot lines shall be suitably controlled to result in a reduction or recovery of emissions with an overall efficiency for the facility of ninety percent (90%) or greater when compared to the uncontrolled facility and when the equipment and technology are readily available. Sources and points of emission shall include the carrier vehicle and transfer mechanism when actively engaged in loading or unloading operations. Control shall include, but is not limited to, vapor recovery systems for volatile liquids and hoods or fully enclosed buildings with exhaust fans and filters or their equivalent for transfer operations generating airborne particulates. Such emission control shall be required even though the emissions of the bulk storage facility are below the maximum permitted levels. (Ord. 2962, 9-8-1975; Amd. Ord. 2967, 9-22-1975)
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TOTAL ANNUAL EMISSION AND SPATIAL DENSITY |
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|---|---|---|---|---|---|---|
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SUBSTANCE |
MEASURED AS |
MAXIMUM WEIGHT PER FACILITY |
SPATIAL DENSITY1 |
LIMITATIONS |
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|
Hydrocarbons |
Carbon |
100.0 |
9.00 Tons |
None |
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Water Vapor Sulfur Oxides Nitrogen Dioxide Carbon Monoxide Photochemical Oxidants Suspended Particulates Arsenic |
|
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The annual emission per facility and spatial density shall be equivalent to the allowable emissions and ambient air concentrations established in Regulation 1 of the Puget Sound Air Pollution Control Agency |
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1 Fractions of an acre shall be allotted an equivalent portion of the emission and rounded out to the nearest significant figure as shown in the table. |
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E. VARIANCES:
In the case of hardships affecting the subject property, variances to these bulk standards may be granted by the Hearing Examiner subject to the conditions of RMC 4-9-250B5. (Ord. 2962, 9-8-1975; Amd. Ord. 2967, 9-22-1975; Amd. Ord. 3101, 1-17-1977, eff. 1-1-1977)