Chapter 16.48


16.48.010    Short title.

16.48.020    General authority.

16.48.030    Purpose.

16.48.040    Relationship to framework ordinance.

16.48.050    Applicability.

16.48.060    Mapping.

16.48.070    Title notification.

16.48.080    Plat notification.

16.48.090    Regulations.

16.48.100    Performance standards – Specific uses.

16.48.010 Short title.

The ordinance codified in this chapter, together with any amendments, shall be known as the “Aquifer Recharge Area Ordinance.” (Ord. 1543 § 1 (part), 1992)

16.48.020 General authority.

This chapter is adopted under the authority of RCW 36.70A.050. (Ord. 1543 § 1 (part), 1992)

16.48.030 Purpose.

The purpose of this chapter is to regulate development and the use of land in aquifer recharge areas in order to ensure long-term protection of the water supply resources that exist under the city; and to comply with the Washington State Growth Management Act. (Ord. 1543 § 1 (part), 1992)

16.48.040 Relationship to framework ordinance.

The provisions of this chapter shall apply in conjunction with SMC 16.40.030 through 16.40.210. (Ord. 2071 § 12, 2003: Ord. 1543 § 1 (part), 1992)

16.48.050 Applicability.

Aquifer recharge areas are areas within the city where the prevailing geologic conditions allow infiltration rates which create a high potential for contamination of groundwater resources or contribute to the replenishment of groundwater. (Ord. 1543 § 1 (part), 1992)

16.48.060 Mapping.

Aquifer recharge areas are those areas defined as follows:

A. Areas with the two highest DRASTIC zones which are rated 180 and above on the DRASTIC index range, as identified in Map of Groundwater Pollution Potential, Pierce County, Washington, National Water Well Association, U.S. Environmental Protection Agency; or

B. Wellhead protection areas designated for water supply wells and springs (pursuant to WAC 246-290-135) and located within the municipal boundary of the city of Sumner. (Ord. 2071 § 13, 2003: Ord. 1543 § 1 (part), 1992)

16.48.070 Title notification.

All activity in aquifer recharge areas shall be accompanied by the recording of a notice with the Pierce County auditor in the form set forth below:


Parcel Number:__________________


Legal Description:________________ ______________________________

Notice: This site lies within an Aquifer Recharge Area as defined by Chapter 16.48, Sumner Municipal Code. The site was the subject of a development proposal for ___________________, Sumner application number ___ filed on____________________. Restrictions on use or alterations of the site may exist due to natural conditions of the site and resulting regulation. Review of such application has provided information on the location of an Aquifer Recharge Area and any restrictions on use.

Signature of owner(s)


(Ord. 1543 § 1 (part), 1992)

16.48.080 Plat notification.

For all proposed short subdivisions and subdivision proposals within aquifer recharge areas, the applicant shall include a note on the face of the plat as set forth below:

Notice: This site lies within an Aquifer Recharge Area as defined by the Sumner Municipal Code. Restrictions on use or alterations of the site may exist due to natural conditions of the site and resulting regulation.

(Ord. 1543 § 1 (part), 1992)

16.48.090 Regulations.

A. The following uses of land shall require a hydrogeologic assessment of the proposed site if the site is located in an aquifer recharge area, except that uses in subsection (A)(3) of this section need only provide an assessment of nitrate contamination:

1. Hazardous substance processing or handling;

2. Hazardous waste treatment, storage or disposal facility;

3. Disposal of on-site generated sewage for subdivisions, and commercial and industrial developments;

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

5. Animal containment areas;

6. Landfills;

7. Sewage treatment plants for off-site generated sewage;

8. Mining.

B. The hydrogeologic assessment shall be prepared by a qualified professional who is a hydrogeologist, geologist, or engineer, who is licensed in the state of Washington and has experience in preparing hydrogeologic assessments and shall include, but is not limited to:

1. Geologic setting;

2. Groundwater survey information, groundwater elevations, background water quality, direction and gradient of groundwater flow, location/depth of perched water tables, recharge potential (permeability and transmissivity);

3. Survey of nearby wells and springs, including all wells and springs within 1,000 feet of the site;

4. Location of nearby surface water and recharge potential;

5. Description of water supply to the site;

6. Information sources for assessment, including any well logs or borings used;

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

8. Recommendations to mitigate the adverse impacts of the project on the groundwater resource;

9. Other information as required by the Tacoma-Pierce County health department (TPCHD).

C. The director shall forward the assessment to the TPCHD for review. The applicant shall be responsible for paying any review costs required by the TPCHD. Based on the review by the TPCHD the proposal shall be either approved, approved with conditions or denied. Conditions may be imposed to reduce the impacts of the proposal on the aquifer, reduce the risk of contamination, and protect the long-term viability of the water resource. A proposal may be denied upon a finding that feasible mitigating measures are not sufficient to reduce the contamination risk.

D. The following activities and uses are prohibited within one-year time-of-travel zones for any wellhead protection area:

1. Landfills, including hazardous or dangerous waste, municipal solid waste, special waste, woodwaste, and inert and demolition waste landfills;

2. Underground injection wells that are 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;

3. Wood Treatment Facilities. Wood treatment facilities that allow any portion of the treatment process to occur over permeable surfaces (both natural and manmade);

4. Storage, processing, or disposal of radioactive substances. Facilities that store, process, or dispose of radioactive substances;

5. Community septic systems; and

6. Other:

a. Activities that would significantly reduce the recharge to aquifers currently or potentially used as a potable water source;

b. Activities that would significantly reduce the recharge to aquifers that are a source of significant baseflow to a regulated stream;

c. Activities that are not connected to an available sanitary sewer system are prohibited from critical aquifer recharge areas associated with sole source aquifers. (Ord. 2071 § 14, 2003: Ord. 1543 § 1 (part), 1992)

16.48.100 Performance standards – Specific uses.

The following are performance standards for specific uses within the one-year time-of-travel zones for wellhead protection areas:

A. All storage tanks proposed must comply with local building code requirements and must conform to the following requirements:

1. All new underground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to:

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

b. Be protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed to include a secondary containment system to prevent the release or threatened release of any stored substances; and

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

2. All new aboveground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to:

a. Not allow the release of a hazardous substance to the ground, ground waters, or surface waters;

b. Have a primary containment area enclosing or underlying the tank or part thereof; and

c. A secondary containment system either built into the tank structure or a dike system built outside the tank for all tanks.

B. Vehicle Repair and Servicing.

1. Vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. Chemicals used in the process of vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment should leaks occur.

2. No dry wells shall be allowed on sites used for vehicle repair and servicing. Dry wells existing on the site prior to facility establishment must be decommissioned and mitigated using techniques approved by the state Department of Ecology prior to commencement of the proposed activity.

C. Application of household pesticides, herbicides, and fertilizers shall not exceed times and rates specified on the packaging.

D. Water reuse projects for reclaimed water must be in accordance with the adopted water or sewer comprehensive plans that have been approved by the Departments of Ecology and Health.

1. Surface spreading must meet the ground water recharge criteria given in RCW 90.46.080 and 90.46.010(10).

2. Direct injection must be in accordance with the standards developed by authority of RCW 90.46.042.

E. All uses and development within an aquifer recharge area shall be in accordance with applicable state and federal regulations. (Ord. 2071 § 15, 2003)