Chapter 19.30
CRITICAL AQUIFER RECHARGE AREAS DESIGNATION
Sections:
19.30.010 Critical aquifer recharge areas designation.
19.30.020 Aquifer recharge area susceptibility ratings.
19.30.030 Mapping of critical aquifer recharge areas.
19.30.040 Activities allowed in critical aquifer recharge areas.
19.30.050 Critical areas report – Additional requirements for critical aquifer recharge areas.
19.30.060 Performance standards – General requirements.
19.30.070 Performance standards – Specific uses.
19.30.080 Uses prohibited from critical aquifer recharge areas.
19.30.090 Fish and wildlife habitat conservation areas.
19.30.010 Critical aquifer recharge areas designation.
Critical aquifer recharge areas (CARAs) are those areas with a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(3). CARAs have prevailing geologic conditions associated with infiltration rates that create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water. These areas include the following:
A. Wellhead Protection Areas. Wellhead protection areas may be defined by the boundaries of the 10-year time of ground water travel or boundaries established using alternate criteria approved by the Washington State Department of Health in those settings where ground water time of travel is not a reasonable delineation criterion, in accordance with WAC 246-290-135.
B. Sole Source Aquifers. Sole source aquifers are areas that have been designated by the U.S. Environmental Protection Agency pursuant to the Federal Safe Drinking Water Act.
C. Susceptible Ground Water Management Areas. Susceptible ground water management areas are areas that have been designated as moderately or highly vulnerable or susceptible in an adopted ground water management program developed pursuant to Chapter 173-100 WAC.
D. Special Protection Areas. Special protection areas are those areas defined by WAC 173-200-090.
E. Moderately or Highly Vulnerable Aquifer Recharge Areas. Aquifer recharge areas that are moderately or highly vulnerable to degradation or depletion because of hydrogeologic characteristics are those areas delineated by a hydrogeologic study prepared in accordance with the State Department of Ecology guidelines.
F. Moderately or Highly Susceptible Aquifer Recharge Areas. Aquifer recharge areas moderately or highly susceptible to degradation or depletion because of hydrogeologic characteristics are those areas meeting the criteria established by the State Department of Ecology. (Ord. C-946 § 47, 2020; Ord. C-664 § 51, 2007)
19.30.020 Aquifer recharge area susceptibility ratings.
Aquifer recharge areas shall be rated as having high, moderate, or low susceptibility based on soil permeability, geologic matrix, infiltration, and depth to water as determined by the criteria established by the State Department of Ecology. (Ord. C-946 § 48, 2020; Ord. C-664 § 52, 2007)
19.30.030 Mapping of critical aquifer recharge areas.
A. Mapping resources for critical aquifer recharge areas may be found through the Washington State Department of Ecology, USGS Water Data for Washington, and the Spokane County Water Resources CARA Wastewater Evaluation data portals.
B. These resources are to be used as a guide for the City, project applicants, and/or property owners and may be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation. (Ord. § 49, 2020; Ord. C-664 § 53, 2007)
19.30.040 Activities allowed in critical aquifer recharge areas.
The following activities are allowed in critical aquifer recharge areas pursuant to AHMC 19.10.160, Allowed activities, and do not require submission of a critical areas report:
A. Construction of structures and improvements, including additions, resulting in less than five percent or 2,500 square feet (whichever is greater) total site impervious surface area that does not result in a change of use or increase the use of a hazardous substance.
B. Development and improvement of parks, recreation facilities, open space, or conservation areas resulting in less than five percent total site impervious surface area that do not increase the use of a hazardous substance.
C. On-site domestic septic systems releasing less than 14,500 gallons of effluent per day and that are limited to a maximum density of one system per one acre. (Ord. C-946 § 50, 2020; Ord. C-664 § 54, 2007)
19.30.050 Critical areas report – Additional requirements for critical aquifer recharge areas.
In addition to the general critical areas report requirements of AHMC 19.10.210, critical areas reports for critical aquifer recharge areas must meet the requirements of this section. Critical areas reports for two or more types of critical areas must meet the report requirements for each relevant type of critical area.
A. Preparation by a Qualified Professional. An aquifer recharge area critical areas report 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.
B. Hydrogeologic Assessment. For all proposed activities to be located in a critical aquifer recharge area, a critical areas report shall contain a level one hydrogeologic assessment. A level two hydrogeologic assessment shall be required for any of the following proposed activities:
1. Activities that result in five percent or more impervious site area;
2. Activities that divert, alter, or reduce the flow of surface or ground waters, or otherwise reduce the recharging of the aquifer;
3. The use of hazardous substances, other than household chemicals used according to the directions specified on the packaging for domestic applications;
4. The use of injection wells, including on-site septic systems, except those domestic septic systems releasing less than 14,500 gallons of effluent per day and that are limited to a maximum density of one system per one acre; or
5. Any other activity determined by the City Planner likely to have an adverse impact on ground water quality or quantity or on the recharge of the aquifer.
C. Level One Hydrogeologic Assessment. A level one hydrogeologic assessment shall include the following site- and proposal-related information at a minimum:
1. Available information regarding geologic and hydrogeologic characteristics of the site, including the surface location of all critical aquifer recharge areas located on site or immediately adjacent to the site, and permeability of the unsaturated zone;
2. Ground water depth, flow direction, and gradient based on available information;
3. Currently available data on wells and springs within 1,300 feet of the project area;
4. Location of other critical areas, including surface waters, within 1,300 feet of the project area;
5. Available historic water quality data for the area to be affected by the proposed activity; and
6. Best management practices proposed to be utilized.
D. Level Two Hydrogeologic Assessments. A level two hydrogeologic assessment shall include the following site- and proposal-related information at a minimum, in addition to the requirements for a level one hydrogeological assessment:
1. Historic water quality data for the area to be affected by the proposed activity compiled for at least the previous five-year period;
2. Ground water monitoring plan provisions;
3. Discussion of the effects of the proposed project on the ground water quality and quantity, including:
a. Predictive evaluation of ground water withdrawal effects on nearby wells and surface water features; and
b. Predictive evaluation of contaminant transport based on potential releases to ground water; and
4. A spill plan that identifies equipment and/or structures that could fail, resulting in an impact. Spill plans shall include provisions for regular inspection, repair, and replacement of structures and equipment that could fail. (Ord. C-946 § 51, 2020; Ord. C-664 § 55, 2007)
19.30.060 Performance standards – General requirements.
A. Activities may only be permitted in a critical aquifer recharge area if the applicant can show that the proposed activity will not cause contaminants to enter the aquifer and that the proposed activity will not adversely affect the recharging of the aquifer.
B. The proposed activity must comply with the water source protection requirements and recommendations of the U.S. Environmental Protection Agency, Washington State Department of Health, and the Spokane Regional Health District.
C. The proposed activity must be designed and constructed in accordance with Chapter 3 of the Airway Heights Public Works Standards Manual. (Ord. C-946 § 52, 2020; Ord. C-664 § 56, 2007)
19.30.070 Performance standards – Specific uses.
A. Storage Tanks. All storage tanks proposed to be located in a critical aquifer recharge area must comply with local building code requirements and must conform to the following requirements:
1. Underground Tanks. All new underground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall abide by regulations outlined within Chapter 173-360A WAC, as well as, 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. Aboveground Tanks. All new above-ground 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. Have 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 in critical aquifer recharge areas on sites used for vehicle repair and servicing. Dry wells existing on the site prior to facility establishment must be abandoned using techniques approved by the State Department of Ecology prior to commencement of the proposed activity.
C. Residential Use of Pesticides and Nutrients. Application of household pesticides, herbicides, and fertilizers shall not exceed times and rates specified on the packaging.
D. Use of Reclaimed Water for Surface Percolation or Direct Recharge. Water reuse projects for reclaimed water must be in accordance with the adopted water or sewer comprehensive plans that have been approved by the State Departments of Ecology and Health.
1. Use of reclaimed water for surface percolation must meet the ground water recharge criteria given in RCW 90.46.010(10) and 90.46.080(1). The State Department of Ecology may establish additional discharge limits in accordance with RCW 90.46.080(2).
2. Direct injection must be in accordance with the standards developed by authority of RCW 90.46.042.
E. State and Federal Regulations. 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. C-946 § 53, 2020; Ord. C-664 § 57, 2007)
19.30.080 Uses prohibited from critical aquifer recharge areas.
The following activities and uses are prohibited in critical aquifer recharge areas:
A. Landfills. Landfills, including hazardous or dangerous waste, municipal solid waste, special waste, wood waste and inert and demolition waste landfills;
B. Underground Injection Wells. Class I, III, and IV wells and subclasses 5H2, 5H, 5E, 5F, 5A, and 5K of Class V wells;
C. Mining.
1. Metals and hard rock mining; and
2. Sand and gravel mining, prohibited from critical aquifer recharge areas determined to be highly susceptible or vulnerable;
D. Wood Treatment Facilities. Wood treatment facilities that allow any portion of the treatment process to occur over permeable surfaces (both natural and manmade);
E. Storage, Processing, or Disposal of Radioactive Substances. Facilities that store, process, or dispose of radioactive substances; and
F. Other Prohibited Uses or Activities.
1. Activities that would significantly reduce the recharge to aquifers currently or potentially used as a potable water source, including: acid/gas/alcohol/ammonia/chlorine, including gasohol, agricultural processing plant, aircraft manufacturing, asbestos manufacturing, asphalt manufacturing, auto wrecking and salvage yards, battery rebuilding/manufacturing, biodiesel plants, blast furnace/coke oven, bleaching powder and dye manufacturing, tile and terra cotta manufacturing, carbon manufacturing, cellulose material manufacturing, cement, gypsum, lime and plaster of Paris manufacturing, charcoal manufacturing and pulverizing, chemical manufacturing, clothes dyeing, composting storage/processing (commercial), concrete product manufacturing/ready-mix concrete, cosmetic manufacturing and distribution including perfume and toiletries, creosote manufacturing/treatment, die casting, disinfectant and insecticide manufacturing, drop hammer or forge, dry kiln, electrical component manufacturing/assembly, electrical machinery, equipment and supplies manufacturing, electroplating of metal, enameling manufacturing, ethanol plant, explosive manufacturing/storage, fabric and textile mills, feed lot/mill, fertilizer manufacturing, galvanized/dip plating, gas illuminating or heating manufacturing/storage, gelatin manufacturing, glue manufacturing, graphite manufacturing, hazardous waste treatment and storage facilities, incinerator, inflammable liquid/gas storage, ink manufacturing, landfill, livestock auction yard, lubrication grease manufacturing/oil compounding, machinery manufacturing, metal fabrication, metal manufacturing, reduction, reclamation and refining, mining, nitrating process, oxygen manufacturing, paint, lacquer, thinner, turpentine, and varnish manufacturing, petroleum manufacturing or refining, pharmaceutical manufacturing, pipe manufacturing from clay or metals, plaster/wallboard manufacturing, plastic manufacturing, plywood and veneer lamination, potash works or manufacturing, power plant, pyroxylin manufacturing, railroad yard, repair shop and roundhouse, rendering plant, rock crusher, rolling mill, roofing materials manufacturing, rubber reclamation, manufacturing/fabrication, service station, automobile, sewage sludge land application, slaughterhouse, smelter and ore reduction, soap and cleaning compound manufacturing, starch product manufacturing, sugar refinery, tallow manufacturing, all tank storage of critical material, tire manufacturing, or yeast manufacturing/plant;
2. Activities that would significantly reduce the recharge to aquifers that are a source of significant base flow to a regulated stream; and
3. Activities that are not connected to an available sanitary sewer system prohibited from critical aquifer recharge areas associated with sole source aquifers. (Ord. C-946 § 54, 2020; Ord. C-664 § 58, 2007)
19.30.090 Fish and wildlife habitat conservation areas.
The types of fish, wildlife, and plant species that need protection vary from community to community throughout the state, and the standards necessary for protection vary with each species. Information about priority habitats and species, including their status and geographic range, is contained in the Washington Department of Fish and Wildlife (WDFW) Priority Habitats and Species List. Designation and protection should be coordinated with adjacent jurisdictions when habitat areas, as outlined in WAC 365-190-130, cross boundaries. Additionally, the Department has published management recommendations that include recommended protection standards for many priority species and habitats. Information on rare plant species and high-quality ecosystems, including their status, location, and distribution, is maintained by the Washington State Department of Natural Resources Natural Heritage Program. This example code chapter is organized to be applicable in a generalized manner. Additional protection standards may need to be included depending on the species that might be found in each community. (Ord. C-946 § 55, 2020; Ord. C-664 § 59, 2007)