Chapter 16.25
CRITICAL AQUIFER RECHARGE AREAS (CARAS)
Sections:
16.25.010 Introduction.
A. Purpose. This chapter is intended to protect public health, safety, and welfare by preventing degradation and, where possible, enhance the quality of groundwater which will be, or might likely be, used in the future for drinking water or business purposes. This will be accomplished by limiting potential contaminants within designated CARAs. The requirements of this chapter are intended to fulfill obligations of state law under Chapter 36.70A RCW, Growth Management – Planning by Selected Counties and Cities; Chapter 70.119A RCW, Public Water Systems – Penalties and Compliance; Chapter 246-290 WAC, Public Water Supplies; Chapter 173-303 WAC, Dangerous Waste Regulations; Chapter 173-218 WAC, Underground Injection Control Program; and Chapter 173-200 WAC, Water Quality Standards for Ground Waters of the State of Washington.
B. Definitions.
“CARA” means critical aquifer recharge areas. CARAs are areas with a critical recharging effect on aquifers used for potable water, including areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of the water, or is susceptible to reduced recharge as defined in WAC 365-190-030.
“Category I CARA” means the highest priority critical aquifer recharge area. Category I is the one-year time of travel for Group A water wells, shown on the town of Yacolt wellhead protection areas map.
“Category II CARA” means the primary critical aquifer recharge area. This area consists of the unconsolidated sedimentary aquifer and the Troutdale gravel aquifer, both shown on Clark County’s critical aquifer recharge areas map.
C. Map. The Yacolt wellhead protection areas map identifies CARAs within the town’s municipal boundaries.
D. Applicability and Exemptions.
1. Applicability. This chapter applies to all critical aquifer recharge areas as defined in subsection B of this section. Parcels that are partly within Category I and Category II shall be subject to the Category I provisions in this chapter. Parcels that are partly inside Category II, but outside Category I, shall be subject to the Category II provisions in this chapter.
2. Exempt Activities. The following activities do not require a CARA permit:
a. Currently existing activities that legally existed on July 31, 1997;
b. All residential uses other than those having activities covered by YMC 16.25.020(B);
c. Other uses not listed in YMC 16.25.020(B) or (C); and
d. Activities already permitted and regulated by the state and the Clark County health department to incorporate best management practices.
3. The following underground storage tank (UST) systems, including any piping connected thereto, are exempt from the requirements of this chapter:
a. Any UST system holding hazardous wastes subject to Subtitle C of the Federal Solid Waste Disposal Act, or a mixture of such hazardous waste and other regulated substances;
b. Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under Section 402 or 307(b) of the Clean Water Act;
c. Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks;
d. Any UST system whose capacity is 110 gallons or less;
e. Any UST system that contains a de minimis concentration of regulated substances;
f. Any emergency spill or overflow containment UST system that is expeditiously emptied after use;
g. Farm or residential UST systems of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes (i.e., not for resale);
h. UST systems used for storing heating oil for consumptive use on the premises where stored, except that such systems which store in excess of 1,100 gallons are subject to the release reporting requirements of WAC 173-360-372;
i. Septic tanks;
j. Any pipeline facility (including gathering lines) regulated under:
i. The Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1671, et seq.);
ii. The Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2001, et seq.); or
iii. Which is an intrastate pipeline facility regulated under state laws comparable to the provisions of the law referred to in subsections (D)(3)(j)(i) and (ii) of this section;
k. Surface impoundments, pits, ponds, or lagoons;
l. Stormwater or wastewater collection systems;
m. Flow-through process tanks;
n. Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations; or
o. Storage tanks situated in an underground area (such as a basement, cellar, vault, mine working drift, shaft, or tunnel) if the storage tank is situated upon or above the surface of the floor. [Ord. 569 § 2 (Exh. A), 2018.]
16.25.020 Standards.
A. Activities or facilities requiring a CARA permit in Categories I and II include the following:
1. Above- and below-ground storage tanks (tanks and pipes used to contain an accumulation of regulated substances);
2. Facilities that conduct biological research;
3. Boat repair shops;
4. Chemical research facilities;
5. Dry cleaners;
6. Gasoline service stations;
7. Pipelines;
8. Printing and publishing shops (that use printing liquids);
9. Below-ground transformers and capacitors;
10. Sawmills (producing over 10,000 board feet per day);
11. Solid waste handling and processing;
12. Vehicle repair, automotive recycling and recyclable materials;
13. Funeral services;
14. Furniture stripping;
15. Motor vehicle service garages (both private and government);
16. Photographic processing;
17. Chemical manufacturing and reprocessing;
18. Creosote and asphalt manufacturing and treatment;
19. Electroplating activities;
20. Petroleum and petroleum products refining, including reprocessing;
21. Wood products preserving;
22. Golf courses;
23. Regulated waste treatment, storage, disposal facilities that handle hazardous material;
24. Medium quantity generators (dangerous, acutely hazardous, and toxic extremely hazardous waste); and
25. Large quantity generators (dangerous, acutely hazardous, and toxic extremely hazardous waste).
B. Prohibited Activities or Facilities in Category I. The following activities are considered high-impact uses due to the probability and/or potential magnitude of their adverse effects on groundwater and shall be prohibited within Category I. These activities are permitted in Category II, but require a CARA permit:
1. Landfills;
2. Class V injection wells in accordance with Chapter 173-218 WAC;
3. Agricultural drainage wells;
4. Untreated sewage waste disposal wells;
5. Cesspools;
6. Industrial process water and disposal wells;
7. Radioactive waste disposal;
8. Radioactive disposal sites;
9. Surface mining operations; and
10. Electroplating activities.
C. Additional Standards. The following additional standards apply in all CARAs:
1. Pesticides, herbicides and fertilizers shall be applied in accordance with the federal law.
2. Vehicle Repair and Servicing.
a. 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 if leaks occur.
b. No dry wells shall be allowed in CARAs on sites for vehicle repair or servicing. Dry wells on the site prior to the facility establishment must be abandoned using techniques approved by the Department of Ecology prior to commencement of the proposed facility. [Ord. 569 § 2 (Exh. A), 2018.]
16.25.030 Administration.
A. Permit Requirements.
1. To receive a CARA permit required by YMC 16.25.020, the applicant must demonstrate, through a Level 1 site evaluation report, how they will integrate necessary and appropriate best management practices (BMP) to prevent degradation of groundwater. The applicant must also meet existing local, state, and federal laws and regulations.
2. If an applicant wants to avoid implementation of BMPs, they must submit a Level 2 site evaluation report and develop and implement a monitoring program that:
a. Demonstrates how the applicant will prevent degradation to groundwater. The applicant must also meet existing local, state, and federal laws and regulations; and
b. Includes quarterly reporting to the public works department. The public works department will evaluate the monitoring program and may require periodic changes based on the monitoring results, new technology, and/or BMPs.
B. Level 1 Site Evaluation Report/Approval Criteria.
1. For all proposed activities to be located in a critical aquifer recharge area, the site evaluation report shall include a Level 1 assessment by an engineer as defined in YMC 16.20.260.
2. The report will identify how the applicant will follow the requirements of the Dangerous Waste Regulations, Chapter 173-303 WAC, in the event hazardous material is released onto the ground or into groundwater.
3. The report will be reviewed by the public works department in the same process as the primary development permit. If approved, the applicant will receive a CARA permit allowing the activity on the subject property.
4. The public works department may waive the requirement for an engineer. This would be done when the site conditions or project mitigations have been, or can be, adequately addressed in the site evaluation report.
C. Level 2 Site Evaluation Report/Approval Criteria.
1. A qualified groundwater professional as defined in YMC 16.20.260 will determine whether the proposed activity will have any adverse impacts on groundwater in CARAs. This determination must be based upon the requirements of the Safe Drinking Water Act and the Wellhead Protection Area Program, Public Water Supplies, Chapter 246-290 WAC; Water Quality Standards for Ground Waters of the State of Washington, Chapter 173-200 WAC; Chapter 173-218 WAC, Underground Injection Control Program; and Dangerous Waste Regulations, Chapter 173-303 WAC. By this reference, Chapters 173-200, 173-303, and 246-290 WAC, as written and hereafter updated, will be part of this chapter.
2. The Level 2 site evaluation report will include the following:
a. Identification of the proposed development plan, along with potential impacts (e.g., on-site septic systems and other on-site activities) that may adversely impact groundwater quality underlying or down gradient of the project or project area;
b. Site plans or diagrams at an appropriate scale (1:2,400 or one inch to 200 feet) showing the location of abandoned and active wells, springs, and surface water bodies within 1,000 feet of the project or project area; and
c. A description of the geologic and hydrogeologic characteristics of the subject property including the following:
i. Lithologic characteristics and stratigraphic relationships;
ii. Aquifer characteristics including recharge and discharge areas, depth to and static waterflow patterns, and an estimate of groundwater flow velocity;
iii. Contaminant rate and transport including probable migration pathways and travel time of a potential contaminant release from the site through the unsaturated zone to the aquifer(s) and through the aquifer(s), and how the contaminant(s) may be attenuated within the unsaturated zone and the aquifer(s);
iv. Appropriate hydrogeologic cross sections which depict lithology, stratigraphy, aquifer, units, potential or probable contaminant pathways from a chemical release, and rate of groundwater flow;
v. Existing groundwater quality; and
vi. A proposal for quarterly monitoring of groundwater quality to detect changes and a description of corrective actions that will be taken if monitoring results indicate contaminants from the site have entered the underlying aquifer(s).
3. The report will be reviewed by the public works department, in consultation with the Clark County health department and/or the local water purveyor, in conjunction with the same process as the primary development permit. If approved, the applicant will receive a CARA permit allowing the activity on the subject property.
4. Penalties. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with any of the provisions of this chapter shall be subject to penalties as defined in Chapter 70.119A RCW and Chapters 173-200 and 246-290 WAC. [Ord. 569 § 2 (Exh. A), 2018.]
16.25.040 Enforcement.
A. Enforcement. It shall be unlawful to violate the provisions of this chapter. Enforcement of this chapter shall be governed by YMC Title 13, Chapter 8.05 YMC, and the town’s general authority to enforce laws and regulations.
B. Supplemental Enforcement Provisions for Water Resources Protection. In addition to civil and criminal enforcement as authorized under Chapters 8.05 and 13.10 YMC, enforcement of this chapter may utilize the following authority:
1. The town of Yacolt finds that an operation not in compliance with the requirements of this chapter constitutes a public nuisance under Chapter 7.48 RCW, Nuisances, and Chapter 8.05 YMC, Nuisances.
2. The town may use field notes, observations, photo documentation, sample logs, analytical results or other information to define risk and to establish that an operation is in violation of this chapter.
3. The town may require the implementation of the operational or structural best management practices, as defined through the provisions of this chapter. Implementation of remedies to meet compliance standards shall be performed on a timeline approved by the town.
4. The town may also require the operator to sample and analyze any discharge, surface and stormwater, groundwater and/or sediment, in accordance with sampling and analytical procedures or requirements determined by the town. If the operator is required to complete this sampling and analysis, a copy of the analysis shall be provided to the town.
5. The town may impose additional requirements whenever documented specific circumstances (applicable to the operation) threaten water resources.
6. Notwithstanding any other provisions of this chapter, whenever it appears to the town that conditions regulated by this chapter require immediate action to protect the public health and/or safety, the town is authorized to enter such property for the purpose of inspecting and investigating such emergency conditions.
7. When necessary corrective actions are not undertaken as directed by the town, an owner, operator and/or contractor can be held liable for abatement costs to remedy noncompliance together with all costs, fees, penalties, and charges described in Chapters 8.05 and 13.10 YMC. [Ord. 569 § 2 (Exh. A), 2018.]