ARTICLE B. CRITICAL AQUIFER RECHARGE AREAS

SECTION:

10-5B-1:    Designation And Susceptibility Rating

10-5B-2:    Exemptions

10-5B-3:    Hydrogeologic Assessments, Level 1

10-5B-4:    Hydrogeologic Assessments, Level 2

10-5B-5:    Substantive Requirements

10-5B-6:    Uses Prohibited From Critical Aquifer Recharge Areas

10-5B-1 DESIGNATION AND SUSCEPTIBILITY RATING:

The city is not aware of any critical aquifer recharge area in its jurisdiction. However, upon discovery of scientific data attesting to the existence of a critical aquifer recharge area, the city will enforce this code upon said area. (Ord. 695, 11-22-2004)

10-5B-2 EXEMPTIONS:

In addition to the developments listed in section 10-5-7 of this title, the following developments shall be exempt from this article:

A.    Construction of structures, improvements, and additions of less than two thousand five hundred (2,500) square feet total site impervious surface area that do not increase risk from hazardous substances.

B.    Development of parks, recreation facilities, or conservation areas that do not increase risk from hazardous substances. (Ord. 695, 11-22-2004)

10-5B-3 HYDROGEOLOGIC ASSESSMENTS, LEVEL 1:

In addition to the requirements of section 10-5-13 of this title, critical area reports for critical aquifer recharge areas shall include a hydrogeologic assessment. Level 1 (simpler) hydrogeologic assessment shall contain at a minimum:

A.    Available information regarding geology and hydrogeology of the site, including permeability of the unsaturated zone;

B.    Ground water depth, flow direction, and gradient based on available information;

C.    Available data on wells and springs within one thousand three hundred feet (1,300');

D.    Location of other critical areas, including surface waters, within one thousand three hundred feet (1,300'); and

E.    Best management practices proposed to be utilized. (Ord. 695, 11-22-2004)

10-5B-4 HYDROGEOLOGIC ASSESSMENTS, LEVEL 2:

A.    Certain Activities Assessed: In addition to level 1, a level 2 hydrogeologic assessment shall be prepared for:

1. Activities that divert, alter, or reduce the flow of surface or ground waters, or otherwise reduce the recharging of the aquifer;

2. The use of hazardous substances other than household chemicals used according to the directions specified on the packaging;

3. Injection wells; and

4. Any other activity determined by the director likely to have an adverse impact on ground water quality or quantity.

B.    Information Required: Level 2 hydrogeologic assessments shall contain at a minimum:

1. Historic water quality data for the area to be affected by the proposed development;

2. Ground water monitoring plan;

3. Potential effects on water quality and quantity of nearby wells and water bodies; and

4. Analysis of equipment or structures that could fail, and regular inspection, repair, and replacement necessary to prevent failure. (Ord. 695, 11-22-2004)

10-5B-5 SUBSTANTIVE REQUIREMENTS:

In addition to the substantive requirements of section 10-5-13 of this title, the following requirements shall apply to critical aquifer recharge areas:

A.    Contaminants Prohibited: Proposed developments shall not cause contaminants to enter the aquifer or significantly reduce the recharging of the aquifer, and shall comply with the water source protection requirements and recommendations of the U.S. environmental protection agency, Washington state department of health, and county health department.

B.    Design Of Underground Facilities: Underground facilities for storing hazardous substances shall be designed to prevent releases due to corrosion or structural failure for the operational life of the tank.

C.    Design Of Aboveground Facilities: Aboveground facilities for storing hazardous substances shall be designed to prevent accidental release, shall have a primary containment enclosing or underlying the tank, and shall have a secondary containment built into the tank structure or consisting of an external dike.

D.    Vehicle Repair And Servicing: Vehicle repair and servicing shall be conducted over impermeable pads, within a covered structure capable of normal weather conditions. Chemicals shall be stored in a manner that protects them from weather and provides containment should leaks occur. Dry wells are prohibited.

E.    Household Pesticides, Herbicides, Fertilizers: Application of household pesticides, herbicides, and fertilizers shall not exceed times and rates specified on the packaging.

F.    Percolation Or Injection Of Reclaimed Water: Surface percolation or injection of reclaimed water shall conform to adopted water or sewer comprehensive plans, Revised Code of Washington 90.46.080(1), 90.46.010(10), and 90.46.042.

G.    Compliance With State And Federal Regulations, Table: The uses listed below shall be conditioned as necessary to protect critical aquifer recharge areas in accordance with the applicable state and federal regulations. (Ord. 695, 11-22-2004)

STATUTES, REGULATIONS, AND GUIDANCE REGARDING GROUND WATER IMPACTING ACTIVITIES

Activity

Statute - Regulation - Guidance

Aboveground storage tanks

WAC 173-303-640

Animal feedlots

WAC chapter 173-216, WAC chapter 173-220

Automobile washers

WAC chapter 173-216, best management practices for vehicle and equipment discharges (Washington department of ecology WQ-R-95-56)

Below ground storage tanks

WAC chapter 173-360

Hazardous waste generator

WAC chapter 173-303 ("Boat Repair Shops, Biological Research Facility, Dry Cleaners, Furniture Stripping, Motor Vehicle Service Garages, Photographic Processing, Printing and Publishing Shops, Etc.")

Injection wells

Federal 40 CFR parts 144 and 146, WAC chapter 173-218

Junk yards and salvage yards

WAC chapter 173-304, best management practices to prevent storm water pollution at vehicles recycler facilities (Washington department of ecology 94-146)

Oil and gas drilling

WAC 332-12-450, WAC chapter 173-218

On site sewage systems (large scale)

WAC chapter 173-240

On site sewage systems (<14,500 gallons/day)

WAC chapter 246-272, local health ordinance

Pesticide storage and use

RCW chapter 15.54, RCW chapter 17.21

Sawmills

WAC chapter 173-303, WAC chapter 173-304, best management practices to prevent storm water pollution at log yards (Washington department of ecology, 95-53)

Solid waste handling and recycling facilities

WAC chapter 173-304

Wastewater application to land surface

WAC chapter 173-216, WAC chapter 173-200, Washington department of ecology land application guidelines, best management practices for irrigated agriculture

(Ord. 695, 11-22-2004; amd. 2006 Code)

10-5B-6 USES PROHIBITED FROM CRITICAL AQUIFER RECHARGE AREAS:

The following activities and uses are prohibited in critical aquifer recharge areas (based on "Guidance Document For The Establishment Of Critical Aquifer Recharge Area Ordinances", by WDOE, publication 97-30):

A.    Landfills and solid waste transfer stations, including landfills for hazardous waste, municipal solid waste, special waste, wood waste, and inert and demolition waste;

B.    Underground injection wells: Class I, III, and IV wells and subclasses 5F01, 5D03, 5F04, 5W09, 5W10, 5W11, 5W31, 5X13, 5X14, 5X15, 5W20, 5X28, and 5N24 of Class V wells;

C.    Mining of metals, hard rock, sand, and gravel;

D.    Wood treatment facilities that allow any portion of the treatment process to occur over permeable surfaces;

E.    Creosote or asphalt manufacturing;

F.    Storage, processing, or disposal of hazardous, chemical, or radioactive substances;

G.    Electroplating; (Ord. 695, 11-22-2004)

H.    Class 1A or 1B flammable liquids manufacturing as defined by the international fire code; (Ord. 695, 11-22-2004; amd. 2006 Code)

I.    Conversion of heating systems to fuel oil;

J.    New petroleum product pipelines;

K.    Activities that would significantly reduce the recharge to aquifers currently or potentially used for potable water; and

L.    Activities that would significantly reduce base flow to a regulated stream. (Ord. 695, 11-22-2004)