Chapter 19.40
DEFINITIONS
Sections:
19.40.010 Definitions.
Words not defined in this title shall be as defined in the Airway Heights Municipal Code, the Washington Administrative Code, or the Revised Code of Washington. Words not found in any of the codes shall be as defined in the Webster’s Third New International Dictionary, latest edition.
“Adaptive management” relies on scientific methods to evaluate how well regulatory and nonregulatory actions protect the critical area. An adaptive management program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty.
“Adjacent” means immediately adjoining (in contact with the boundary of the influence area) or within a distance that is less than that needed to separate activities from critical areas to ensure protection of the functions and values of the critical areas. “Adjacent” shall mean any activity or development located:
A. On a site immediately adjoining a critical area;
B. A distance equal to or less than the required critical area buffer width and building setback;
C. A distance equal to or less than one-half mile (2,640 feet) from a bald eagle nest;
D. A distance equal to or less than 300 feet upland from a stream, wetland, or water body;
E. A distance equal to or less than 200 feet from a critical aquifer recharge area.
“Advance mitigation” means mitigation of an anticipated critical area impact or hazard completed according to an approved critical areas report and prior to site development.
“Applicant” means a person who files an application for permit under this title and who is either the owner of land on which that proposed activity would be located, a lessee of the land, the person who would actually control and direct the proposed activity or the authorized agent of such a person.
“Aquifer” means a geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring.
“Aquifer recharge areas” means areas that, due to the presence of certain soils, geology, and surface water, act to recharge ground water by percolation.
“Best available science” means current scientific information used in the process to designate, protect, or restore critical areas that is derived from a valid scientific process as defined by WAC 365-195-900 through 365-195-925. Sources of the best available science are included in Citations of Recommended Sources of Best Available Science for Designating and Protecting Critical Areas, published by the Washington State Department of Commerce.
“Best management practices (BMPs)” means conservation practices or systems of practices and management measures that:
A. Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxics, and sediment;
B. Minimize adverse impacts to surface water and ground water flow and circulation patterns and to the chemical, physical, and biological characteristics of wetlands;
C. Protect trees and vegetation designated to be retained during and following site construction and use native plant species appropriate to the site for revegetation of disturbed areas; and
D. Provide standards for proper use of chemical herbicides within critical areas.
The City shall monitor the application of best management practices to ensure that the standards and policies of this title are adhered to.
“Biodiversity” means the variety of animal and plant life and its ecological processes and interconnections represented by the richness of ecological systems and the life that depends on them, including human life and economies.
“Buffer” or “buffer zone” means an area that is contiguous to and protects a critical area, which is required for the continued maintenance, functioning, and/or structural stability of a critical area.
“City” means the City of Airway Heights, Washington,
“City Planner” means the City Planner of the City of Airway Heights.
“Compensation project” means actions necessary to replace project-induced critical area and buffer losses, including land acquisition, planning, construction plans, monitoring, and contingency actions.
“Compensatory mitigation” means replacing project-induced losses or impacts to a critical area, and includes, but is not limited to, the following:
A. Restoration. Actions performed to reestablish wetland functional characteristics and processes that have been lost by alterations, activities, or catastrophic events within an area that no longer meets the definition of a wetland.
B. Creation. Actions performed to intentionally establish a wetland at a site where it did not formerly exist.
C. Enhancement. Actions performed to improve the condition of existing degraded wetlands so that the functions they provide are of a higher quality.
D. Preservation. Actions taken to ensure the permanent protection of existing, high-quality wetlands.
“Critical aquifer recharge area” means areas designated by WAC 365-190-080(2) that are determined to have a critical recharging effect on aquifers used for potable water quality as defined by WAC 365-190-030(2).
“Critical areas” include any of the following areas or ecosystems: aquifer recharge areas, fish and wildlife habitat conservation areas, geologically hazardous areas, frequently flooded areas, and wetlands, as defined in Chapter 36.70A RCW and this title.
“Critical area tract” means land held in private ownership and retained in an open condition in perpetuity for the protection of critical areas. Lands within this type of dedication may include, but are not limited to, portions and combinations of forest habitats, grasslands, shrub steppe, on-site watersheds, shorelines or shorelines of statewide significance, riparian areas, and wetlands.
“Critical habitat” means habitat necessary for the survival of endangered, threatened, rare, sensitive, or monitor species.
“Cumulative impacts” means the combined, incremental effects of human activity on ecological or critical area functions and values. Cumulative impacts result when the effects of an action are added to or interact with other effects in a particular place and within a particular time. It is the combination of these effects, and any resulting environmental degradation, that should be the focus of cumulative impact analysis and changes to policies and permitting decisions.
“Development permit” means any permit issued by the City, or other authorized agency, for construction, land use, or the alteration of land.
“Enhancement” means a process undertaken to rehabilitate or improve an existing degraded wetland by increasing or decreasing plant diversity and increasing water quality, wildlife habitat, or erosion controls.
“Erosion” means the process whereby wind, rain, water, and other natural agents mobilize and transport particles.
“Erosion hazard areas” means at least those areas identified by the U.S. Department of Agriculture National Resources Conservation Service as having a severe rill and inter-rill erosion hazard.
“Fish and wildlife habitat conservation areas” means areas necessary for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created as designated by WAC 365-190-080(5). These areas include:
A. Areas with which state or federally designated endangered, threatened, and sensitive species have a primary association;
B. Habitats of local importance, including but not limited to areas designated as priority habitat by the Washington Department of Fish and Wildlife;
C. Commercial and recreational shellfish areas;
D. Kelp and eelgrass beds;
E. Herring and smelt spawning areas;
F. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat, including those artificial ponds intentionally created from dry areas in order to mitigate impacts to ponds;
G. Waters of the state, including lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington;
H. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity;
I. State natural area preserves and natural resource conservation areas; and
J. Land essential for preserving connections between habitat blocks and open spaces.
“Formation” means an assemblage of earth materials grouped together into a unit that is convenient for description or mapping.
“Formation, confining” means the relatively impermeable formation immediately overlying a confined aquifer.
Frequently Flooded Areas. Floodplains and other areas subject to flooding perform important hydrologic functions and may present a risk to persons and property. Classifications of frequently flooded areas should include, at a minimum, the 100-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program. Counties and cities should consider the following when designating and classifying frequently flooded areas:
A. Effects of flooding on human health and safety, and to public facilities and services;
B. Available documentation including federal, state, and local laws, regulations, and programs, local studies and maps, and federal flood insurance programs, including the provisions for urban growth areas in RCW 36.70A.110;
C. The future flow floodplain, defined as the channel of the stream and that portion of the adjoining floodplain that is necessary to contain and discharge the base flood flow at build out;
D. The potential effects of tsunami, high tides with strong winds, sea level rise, and extreme weather events, including those potentially resulting from global climate change;
E. Greater surface runoff caused by increasing impervious surfaces.
“Functions and values” means the beneficial roles served by critical areas, including, but not limited to, water quality protection and enhancement; fish and wildlife habitat; food chain support; conveyance and attenuation; ground water recharge and discharge; erosion control; wave attenuation; protection from hazards; historical, archaeological, and aesthetic value protection; educational opportunities; and recreation. These beneficial roles are not listed in order of priority. Critical area functions can be used to help set targets (species composition, structure, etc.) for managed areas, including mitigation sites.
“Geologically hazardous areas” means areas that may not be suited to development consistent with public health, safety, or environmental standards, because of their susceptibility to erosion, sliding, earthquake, or other geological events as designated by WAC 365-190-120. Types of geologically hazardous areas include erosion, landslide, seismic, mine, and volcanic hazards.
“Ground water” means water in a saturated zone or stratum beneath the surface of land or a surface water body.
“Growth Management Act” means Chapters 36.70A and 36.70B RCW, as amended.
“Habitat” means the specific area or environment in which a particular type of plant or animal lives.
“Habitat conservation areas” means areas designated as fish and wildlife habitat conservation areas.
Habitats of Local Importance. These areas include a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the longterm. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alterations such as cliffs, talus, and wetlands (WAC 365-190-030).
“Hazardous substances” means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090 or 173-303-100.
“Impervious surface” means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development or that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of storm water.
“Infiltration” means the downward entry of water into the immediate surface of soil.
Injection Well(s).
A. Class I. A well used to inject dangerous and/or radioactive waste beneath the lowermost formation containing an underground source of drinking water within one-quarter mile of the well bore. All Class I wells are prohibited in Washington and must be decommissioned.
B. Class II. A well used to inject fluids:
1. Brought to the surface in connection with natural gas storage operations, or conventional oil or natural gas production. It may be mixed with wastewaters from gas plants that are an integral part of production operations, unless those waters are classified as hazardous wastes at the time of injection;
2. For enhanced recovery of oil or natural gas; or
3. For storage of hydrocarbons that are liquid at standard temperature and pressure.
C. Class III. A well used for extraction of minerals. All Class III wells are prohibited in Washington and must be decommissioned. Examples of Class III injection wells include, but are not limited to, the injection of fluids for:
1. In situ production of uranium or other metals that have not been conventionally mined;
2. Mining of sulfur by Frasch process; or
3. Solution mining of salts or potash.
D. Class IV. A well used to inject dangerous or radioactive waste into or above an underground source of drinking water. Class IV wells are prohibited and must be decommissioned except for Class IV wells reinjecting treated groundwater into the same formation from where it was drawn as part of a removal or remedial action if such injection is approved by EPA in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act or the Resource Conservation and Recovery Act, 40 C.F.R. 144.13(c). Other examples of Class IV wells include:
1. Dangerous or radioactive waste into or above a formation that contains an underground source of drinking water within one quarter mile of the well. This includes disposal of dangerous waste into a septic system or cesspool regardless of the size; or
2. Dangerous or radioactive waste that cannot be classified as a Class I well type or subsection (A) of this definition.
E. Class V. All injection wells not included in Classes I, II, III, or IV. Class V wells are usually shallow injection wells that inject fluids above the uppermost groundwater aquifer. Some examples are dry wells, French drains used to manage storm water and drain fields.
1. The following are examples of Class V injection wells that are allowed in Washington:
a. Drainage wells used to drain surface fluids, primarily storm water runoff, into or below the ground surface, such as, but not limited to, a drywell or infiltration trench containing perforated pipe;
b. Heat pump or cooling water return flow wells used to inject water previously used for heating or cooling;
c. Aquifer recharge wells used to replenish the water in an aquifer;
d. Saltwater intrusion barrier wells used to inject water into a freshwater aquifer to prevent the intrusion of salt water into the fresh water;
e. Septic systems serving multiple residences or nonresidential establishments that receive only sanitary waste and serve 20 or more people per day or an equivalent design capacity of 3,500 gallons or larger per day;
f. Subsidence control wells (not used for the purpose of oil or natural gas production) used to inject fluids into a nonoil or gas producing zone to reduce or eliminate subsidence associated with the removal of fresh water;
g. Injection wells associated with the recovery of geothermal energy for heating, aquaculture and production of electric power;
h. Injection wells used in experimental technologies;
i. Injection wells used for in situ recovery of lignite, coal, tar sands, and oil shale;
j. Injection wells used for remediation wells receiving fluids intended to clean up, treat or prevent subsurface contamination;
k. Injection wells used to inject spent brine into the same formation from which it was withdrawn after extraction of halogens or their salts;
l. Injection wells used to control flooding of residential basements;
m. Injection wells used for testing geologic reservoir properties for potential underground storage of natural gas or oil in geologic formations; if the injected water used is of equivalent or better quality than the groundwater in the targeted geologic formation and the groundwater in the targeted geologic formation is non-potable and/or toxic because of naturally occurring groundwater chemistry;
n. Injection wells used as part of a reclaimed water project as allowed under a permit; and
o. Injection wells used to inject carbon dioxide for geologic sequestration.
2. The following are examples of Class V wells that are prohibited in Washington:
a. New and existing cesspools including multiple dwelling, community or regional cesspools, or other devices that receive sanitary wastes that have an open bottom and may have perforated sides that serve 20 or more people per day or an equivalent design capacity of 3,500 gallons or larger per day. The UIC requirements do not apply to single-family residential cesspools or to nonresidential cesspools which receive solely sanitary waste and have the capacity to serve fewer than 20 persons a day or an equivalent design capacity of less than 3,500 gallons per day;
b. Motor vehicle waste disposal wells that receive or have received fluids from vehicular repair or maintenance activities (see definition of motor vehicle waste disposal wells in WAC 173-218-030). UIC wells receiving storm water located at vehicular repair, maintenance or dismantling facilities shall not be considered waste disposal wells if the wells are protected from receiving vehicle waste;
c. Wells used for solution mining of conventional mines such as stope leaching;
d. Backfill wells used to inject a mixture of water and sand, mill tailings or other solids into mined out portions of subsurface mines whether what is injected is a radioactive waste or not;
e. UIC wells receiving fluids containing hazardous substances (see definition for hazardous substances in WAC 173-218-030) except for wells:
i. Allowed under subsection (E)(1)(j) of this definition; or
ii. Receiving storm water that meets the non-endangerment standard by applying the best management practices and requirements in WAC 173-218-090 or storm water authorized under a permit; and
f. UIC wells receiving industrial wastewater except for industrial wastewater authorized under a permit.
“Inter-rill” means areas subject to sheet wash.
“Minor development” includes minor new construction or administrative actions that is accessory to the primary use of single-family and duplex housing such as accessory structures, temporary use or special event permits, boundary line adjustments, and other permits or licenses that do not increase the footprint of existing buildings.
“Mitigation” means avoiding, minimizing, or compensating for adverse critical areas impacts. Mitigation, in the following sequential order of preference, is:
A. Avoiding the impact altogether by not taking a certain action or parts of an action;
B Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts;
C. Rectifying the impact to wetlands, critical aquifer recharge areas and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the conditions existing at the time of the initiation of the project;
D. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods;
E. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action;
F. Compensating for the impact to wetlands, critical aquifer recharge areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and
G. Monitoring the hazard or other required mitigation and taking remedial action when necessary.
Mitigation for individual actions may include a combination of the above measures.
“Monitoring” means evaluating the impacts of development proposals on the biological, hydrological, and geological elements of such systems, and assessing the performance of required mitigation measures throughout the collection and analysis of data by various methods for the purpose of understanding and documenting changes in natural ecosystems and features, including gathering baseline data.
“Native vegetation” means plant species that are indigenous to the area in question.
“Permeability” means the capacity of an aquifer or confining bed to transmit water. It is a property of the aquifer or confining bed and is independent of the force causing movement.
“Potable water” means water that is safe and palatable for human use.
“Practical alternative” means an alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and has fewer impacts to critical areas.
“Priority habitat” means habitat type or elements with unique or significant value to one or more species as classified by the state Department of Fish and Wildlife. A priority habitat may consist of a unique vegetation type or dominant plant species, a described succession stage, or a specific structural element.
“Project area” means all areas within 50 feet of the area proposed to be disturbed, altered, or used by the proposed activity or the construction of any proposed structures. When the action binds the land, such as a subdivision, short subdivision, binding site plan, planned unit development, or rezone, the project area shall include the entire parcel, at a minimum.
“Qualified professional” means a person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology, or a related field, and two years of related work experience.
A. A qualified professional for habitats or wetlands must have a degree in biology and professional experience related to the subject species.
B. A qualified professional for a geological hazard must be a professional engineer or geologist, licensed in the state of Washington.
C. A qualified professional for critical aquifer recharge areas means a hydrogeologist, geologist, engineer, or other scientist with experience in preparing hydrogeologic assessments.
“Recharge” means the process involved in the absorption and addition of water to ground water.
“Reclaimed water” means municipal wastewater effluent that has been adequately and reliably treated so that it is suitable for beneficial use. Following treatment, it is no longer considered wastewater (treatment levels and water quality requirements are given in the water reclamation and reuse standards adopted by the State Departments of Ecology and Health).
“Restoration” means measures taken to restore an altered or damaged natural feature including:
A. Active steps taken to restore damaged wetlands, streams, protected habitat, or their buffers to the functioning condition that existed prior to an unauthorized alteration; and
B. Actions performed to reestablish structural and functional characteristics of the critical area that have been lost by alteration, past management activities, or catastrophic events.
Scientific Process. A valid scientific process is one that produces reliable information useful in understanding the consequences of a decision. The characteristics of a valid scientific process are as follows:
A. Peer Review. The information has been critically reviewed by other qualified scientific experts in that scientific discipline.
B. Methods. The methods that were used are standardized in the pertinent scientific discipline or the methods have been appropriately peer-reviewed to ensure their reliability and validity.
C. Logical Conclusions and Reasonable Inferences. The conclusions presented are based on reasonable assumptions supported by other studies and are logically and reasonably derived from the assumptions and supported by the data presented.
D. Quantitative Analysis. The data have been analyzed using appropriate statistical or quantitative methods.
E. Context. The assumptions, analytical techniques, data, and conclusions are appropriately framed with respect to the prevailing body of pertinent scientific knowledge.
F. References. The assumptions, techniques, and conclusions are well referenced with citations to pertinent existing information.
“SEPA” means the Washington State Environmental Policy Act, Chapter 43.21C RCW.
“Special protection areas” means aquifer recharge areas defined by WAC 173-200-090 that require special consideration or increased protection because of unique characteristics, including, but not limited to:
A. Ground waters that support an ecological system requiring more stringent criteria than drinking water standards;
B. Ground water recharge areas and wellhead protection areas that are vulnerable to pollution because of hydrogeologic characteristics; and
C. Sole source aquifer status.
“Species” means any group of animals classified as a species or subspecies as commonly accepted by the scientific community.
“Unavoidable” means adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved.
“Well” means a bored, drilled, or driven shaft, or a dug hole whose depth is greater than the largest surface dimension for the purpose of withdrawing or injecting water or other liquids.
“Wellhead protection area (WHPA)” means the portion of a zone of contribution for a well, well field, or spring, as defined using criteria established by the Washington State Department of Ecology.
“Wetlands” means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas to mitigate the conversion of wetlands. For identifying and delineating a wetland, the City of Airway Heights shall use the Washington State Wetland Identification and Delineation Manual.
“Zone of contribution” means the area surrounding a well or spring that encompasses all areas or features that supply ground water recharge to the well or spring. (Ord. C-946 § 56, 2020; Ord. C-664 § 61, 2007)