Chapter 17.26
CRITICAL AQUIFER RECHARGE AREAS (CARA)
Sections:
17.26.050 On-site septic system inspection.
17.26.060 All aboveground and underground storage tanks.
17.26.010 General authority.
This chapter is adopted under the authority of RCW 36.70A.020. [Ord. 849B § 7, 2009.]
17.26.020 Purpose.
The purpose of this chapter is to regulate development and the use of land in critical aquifer recharge area (CARA) in order to ensure long-term protection of the water supply resources that exist under the city’s jurisdiction; and to comply with the Washington State Growth Management Act. [Ord. 849B § 7, 2009.]
17.26.030 Applicability.
A. Critical aquifer recharge areas are areas with a critical recharging effect on aquifers used for potable water. These areas can fall within the city’s jurisdiction 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. Critical aquifer recharge areas are rated as having high, moderate, or low susceptibility to contamination based on soil permeability, geologic matrix, infiltration, and depth to water as determined by the criteria established by the state Department of Ecology.
B. The approximate location and extent of critical aquifer recharge area and municipal wellhead protection areas are shown on the aquifer protection overlay. This overlay is to identify and classify vulnerable aquifer recharge areas within the city’s jurisdiction. Protection of the aquifer within the critical aquifer recharge area is to be accomplished by controlling the use and handling of hazardous substances. Restrictions on development may be placed in order to protect public health and safety by preserving the existing and future groundwater supply for the city and urban growth area pursuant to the performance standards of CMC 17.26.040(H). [Ord. 849B § 7, 2009.]
17.26.040 Regulations.
A. Activities may only be permitted in a critical aquifer recharge area if the community development director (director) determines that the proposed activity will not cause contaminants to enter the critical aquifer and that the proposed activity will not adversely affect the recharging of the critical aquifer.
B. Any development which occurs within the city’s jurisdiction will use best management practices (BMPs) to prevent chemical and biological contaminants from entering underground waters and aquifers which are now, or in the future, likely to be used as a potable drinking water source. All persons, corporations, or other legal entities that engage in the construction of regulated facilities contained in this chapter must first obtain approval by the city through the critical area permit process and building permit(s).
C. To obtain city water hookups and services for any real property in the critical aquifer recharge area, city sewer hookups and services are required in compliance with Chapter 12.04 CMC. This code allows the utilities director to review individual cases for exception to this restriction. If the utilities director has determined that new construction, any change in the intensity or use of land such as an increase in dwelling units or a change to a commercial or industrial use from a less intense use and/or subdivisions cannot connect to city sewer within the critical aquifer recharge area, then the projects shall require a hydrogeological assessment for their impact on the groundwater in the critical aquifer recharge area. State of the art alternative sewage disposal systems for denitrification shall be required in areas where there is the potential for nitrate loading to groundwater. Open spaces may be required overlying areas highly susceptible for contaminating groundwater resources.
D. The proposed activity must comply with the water source protection requirements of the federal Environmental Protection Agency, state Department of Health, and the Lewis County environmental health department.
E. Critical Aquifer Recharge Area Categories. Critical aquifer recharge areas regulated under this title may be established based on general criteria described in this chapter, specifically designated due to special circumstances, or based on scientific studies and mapping efforts. Factors considered in the identification of critical aquifer recharge areas include depth to water table, presence of highly permeable soils, presence of flat terrain, and the presence of more permeable surficial geology.
1. Category I Critical Aquifer Recharge Areas. Category I critical aquifer recharge areas are those areas that were identified on the city of Chehalis Wellhead Protection Map as Class A wells and include the potential for certain land use activities to adversely affect groundwater is high. Category I critical aquifer recharge areas include:
a. Areas inside the five-year time of travel zone for Group A water system wells, calculated in accordance with the Washington State Wellhead Protection Program.
b. Areas inside the 10-year time of travel zones in wellhead protection areas when the well draws its water from an aquifer that is at or above sea level and is overlain by permeable soils without an underlying protective impermeable layer.
c. The city may add, reclassify or remove critical aquifer recharge areas based on additional information about areas of significant potable water supply with susceptibility to groundwater contamination or based on changes to sole source aquifers or wellhead protection areas as identified in wellhead protection programs.
2. Category II Critical Aquifer Recharge Areas. Category II critical aquifer recharge areas are areas that provide recharge effects to aquifers that are currently or potentially will become potable water supplies and are vulnerable to contamination based on the type of land use activity. Category II critical aquifer recharge areas include:
a. Highly Permeable Soils. The general location and characteristics of permeable soils in Lewis County is given in the Soil Survey of Lewis County by the U.S. Department of Agriculture, Natural Resources Conservation Service (NRCS).
b. Areas above shallow aquifers and/or surface areas which are not separated from the underlying aquifers by an impermeable layer that provides adequate protections from contamination to the aquifer(s) below. The general location of shallow aquifers in Lewis County is based upon the professional judgment of licensed hydrogeologists with knowledge of the area.
F. Permitted Activities. The following activities are permitted in the critical aquifer recharge area and do not require submission of a hydrogeological assessment:
1. 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 and that does not result in a change of use or increase the use of a hazardous substance.
2. Development and improvement of parks, recreation facilities, open space, or conservation areas resulting in less than five percent total site impervious surface area and do not increase the use of a hazardous substance.
3. Existing 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.
4. Application of household pesticides, herbicides, and fertilizers that do not exceed times and rates specified on the packaging.
5. Residential storage or use of petroleum products in amounts less than 10 gallons.
6. Activities which have a potential for contamination below threshold amounts as defined in applicable Revised Code of Washington or local regulations. The purpose of this clause is to allow for small-scale and residential activities having no significant impacts to critical aquifer recharge areas.
G. Prohibited Activities. The following activities and uses are prohibited in Category I critical aquifer recharge area and may be allowed with a hydrogeological assessment in Category II critical aquifer recharge area:
1. Landfills, including hazardous or dangerous waste, municipal solid waste, special waste, and wood waste;
2. Underground Injection Wells. Wells which meet the requirements of Chapters 173-218 and 173-200 WAC, with the exception of 5B22, 5D2, 5G30, 5W12, 5W32, 5R21, 5S23;
3. Commercial mining and washing of metals, hard rock, sand and gravel;
4. Chemical wood preservation and/or treatment facilities;
5. Storage, processing, or disposal of radioactive substances;
6. Commercial activities that are not connected to an available sanitary sewer system;
7. Use or storage of pesticides listed as “state restricted use pesticides” by Chapter 16-228 WAC;
8. Oil and gas drilling as defined in Chapter 173-218 WAC and WAC 332-12-450;
9. Underground storage of hazardous substances as regulated by Chapter 173-360 WAC;
10. Use, storage, treatment, or production of perchloroethylene (PCE), other than in closed-loop systems that do not involve any discharge of PCE;
11. Petroleum refining, reprocessing, storage and petroleum-product pipelines;
12. Electroplating/metal finishing;
13. Activities that would significantly reduce the recharge to aquifers currently or potentially used as a potable water source;
14. Junkyards and salvage yards; and
15. Activities that would significantly reduce the recharge to aquifers that are a source of significant base flow to a regulated stream.
H. Permitted Uses Subject to Performance Standards. Any activity not specifically exempted as allowed or prohibited may be permitted in a critical aquifer recharge area if all of the following criteria are met:
1. Hydrogeological Assessment.
a. For Category I aquifer recharge areas, the applicant must show through a hydrogeological assessment that the proposed activity will not cause contaminated groundwater. The hydrogeological assessment will be evaluated and be reviewed by the Lewis County environmental health department, affected entities, and affected water purveyors.
b. For Category II aquifer recharge areas, a hydrogeological assessment may be required. The scope of the report shall be based on site specific conditions. The need for additional information will be determined by the city, the health district, affected entities, and the affected water purveyor. Based on the report, controls, mitigation, and/or other requirements will be established as a prerequisite for the development proposal being approved.
c. The proposed activity must comply with the source water protection requirements and recommendations of the U.S. Environmental Protection Agency, Washington State Department of Health, Washington Department of Ecology, and the Lewis County health district.
d. The hydrogeological 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 hydrogeological assessments.
e. The hydrogeological assessment shall include, but is not limited to:
i. Geologic setting;
ii. 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);
iii. Survey of nearby wells and springs, including all wells and springs within 1,000 feet of the site;
iv. Location of nearby surface water and recharge potential;
v. Description of water supply to the site;
vi. Information sources for assessment, including any well logs or borings used;
vii. Discussion of the effects of the proposed project on the groundwater resource, including but not limited to a review of potential threats and how it interacts with the geology and all water sources;
viii. Recommendations to mitigate the adverse impacts of the project on the groundwater resource; and
ix. Other information as required by the Lewis County district health department.
f. As required, the director shall forward the assessment to the Lewis County district health department (LCDHD) for review. The applicant shall be responsible for paying any review costs required by the LCDHD. Based on the review by the LCDHD, the proposal shall be either approved, approved with conditions or denied. Conditions may be imposed to reduce the impacts of the proposal on the critical aquifer, reduce the risk of contamination, and to 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. In the Category II CARA, specific uses with potential threat to groundwater must comply with BMPs and go through the critical areas permitting process. Uses include but are not limited to the following:
i. Anything that is not exempt.
ii. All aboveground and underground storage tanks used for storage of petroleum products or any type of chemicals, either liquid or dry, including but not limited to home heating fuel and chemically amended liquids proposed to be located in a critical aquifer recharge area must comply with local building code requirements and must conform to requirements in CMC 17.26.060(C)(6).
iii. 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 should leaks occur. Records for chemical and petroleum waste disposal and/or recycling must be kept on site for city staff inspections.
(B) 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.
iv. 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.
(A) Use of reclaimed water for surface percolation must meet the groundwater 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).
(B) Direct injection must be in accordance with the standards developed by authority of RCW 90.46.042.
v. Automobile washers as defined in Chapter 173-216 WAC.
vi. Chemical treatment storage and disposal facilities as defined in WAC 173-303-182.
vii. Hazardous waste generators, including but not limited to boat repair shops, biological research facilities, dry cleaners, furniture stripping, motor vehicle service garages, photographic processing, printing and publishing shops, medical and dental facilities, etc., as defined in Chapter 173-303 WAC.
viii. On-site sewage systems (large scale) as defined in Chapter 173-240 WAC.
ix. On-site sewage systems (less than 14,500 gal/day) as defined in Chapter 246-272 WAC.
x. Pesticide storage and use as defined in Chapters 15.54 and 17.21 RCW.
xi. Sawmills as defined in Chapters 173-303 and 173-304 WAC and WDOE Publication No. 95-53, Best Management Practices to Prevent Storm Water Pollution at Log Yards.
xii. Solid waste handling and recycling facilities as defined in Chapter 173-304 WAC.
xiii. Wastewater application to land surface as defined in Chapters 173-216 and 173-200 WAC and WDOE Land Application Guidelines, Best Management Practices for Irrigated Agriculture.
xiv. New impervious surface area exceeding 20,000 square feet.
xv. Beneficial use of biosolids as defined in Chapter 173-308 WAC.
g. The applicant must explore low impact development site design alternatives and implement them where economically feasible. Low impact development techniques can include, but are not limited to:
i. Rainwater harvesting;
ii. Reverse slope sidewalks;
iii. Vegetated roofs;
iv. Bio-retention areas (rain gardens); and
v. Pervious pavement. [Ord. 849B § 7, 2009.]
17.26.050 On-site septic system inspection.
On-site septic system located within the critical aquifer recharge area must be inspected once every three years to ensure that the system is working properly. Proof of both pumping and a passing inspection are required to be shown when property owners apply for land use permits or building permits. Failure to provide proof of a passing inspection shall be grounds for denial of land use permits and building permits. All on site-septic inspections must be performed by a Lewis County environmental health certified septic professional. If the system fails, the property must work with Lewis County environmental health department and the city of Chehalis public works department to determine if a new septic system will be permitted or if the property owner will be required to hook up to the city’s sanitary sewer. [Ord. 849B § 7, 2009.]
17.26.060 All aboveground and underground storage tanks.
A. Permit Required. No person may own or maintain an underground storage tank over the critical aquifer unless the tank is approved as described in the adopted building and fire codes and it otherwise complies with this chapter. An abandoned tank must be certified abandoned through the Lewis County environmental health department. No permit is required for underground storage tanks that are certified abandoned in place.
B. Permit Issuance – Duration.
1. The fire marshal issues all permits required by the currently adopted version of the International Fire Code under the ordinance codified in this chapter.
2. Operational permits last one year.
3. The fire marshal may adjust the date of issuance and length of a permit to accommodate inspection schedules and administrative convenience.
C. Permit Conditions – Fees – Testing.
1. To obtain an operational underground storage tank permit the owner/operator must:
a. Pay the required fees;
b. Demonstrate that the underground storage tank passes an annual tightness test by using a precision leak test, or automatic tank gauge (ATG) test or other method as approved by the fire official to the fire official’s satisfaction.
i. A leak test must be capable of statistically reliable measurement, down to one-tenth of a gallon per hour, including temperature compensation, in accordance with the latest recommendations of the National Fire Protection Association.
ii. To be considered, leak test results must be less than six months old.
2. The fire official may adjust or pro-rate on a monthly basis permit and approval fees when the fire official adjusts the date of issue but not in a case where the applicant fails to apply in a timely fashion.
3. In addition to permit and approval fees, the fire official has authority to set inspection fees and fees for other services, return trips and additional administrative, personnel or equipment charges, and to recover expenses related to permit issuance and other enforcement of the ordinance codified in this chapter.
4. Permit transfer requests are determined in writing by the fire official and may be approved if the transferee shows willingness and ability to comply with conditions imposed and accepts the responsibilities of the permit holder.
5. For administrative convenience and the public convenience, the fire official may establish a list of qualified persons to serve as leak test inspectors, approved to certify to the city the results of any leak test or other technical testing required under this chapter.
6. 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, groundwaters, or surface waters;
b. Have a primary containment area enclosing or underlying the tank or part thereof;
c. The necessary containment system(s) either built into the tank structure or a dike system built outside the tank for all tanks; and
d. Provide on-site monitoring of the storage tank and/or ground, groundwaters or surface waters as required.
D. Revocation of Permit.
1. A permit is invalid where the permittee:
a. Does not meet the requirements of this chapter;
b. Does not meet the requirements of the permit;
c. Fails to renew the permit prior to expiration date.
2. A permit may be revoked, suspended or further conditioned by order of the fire official upon a determination:
a. That a violation of the permit or any provision of this chapter or regulation hereunder has occurred; or
b. Circumstances exist which make it difficult or impossible to monitor compliance; or
c. The permittee has failed to act upon or refrain from an action in compliance with an order for the fire official; or
d. That the continued operation would pose a hazard to the environment.
3. Upon cancellation, expiration, revocation or suspension of any permit, the same must be immediately surrendered to the fire official and the tank(s) will be considered out of service.
E. Reporting Failures, Leaks and Leak Risks.
1. A discovery of a leak or circumstances indicating possibility of a leak of an underground storage tank shall be immediately reported to the city, fire official and the Washington State Department of Ecology.
2. The requirements of WAC 173-360-360 shall apply.
3. This obligation is not limited to permits, and shall include product vendors and repair or testing personnel.
F. New Storage Systems – Tanks – Associated Piping. From and after January 1, 2010, no new or replacement storage system, tank and/or associated piping for petrochemical products or other critical material is permitted without a secondary containment system approved by the fire marshal. This provision does not apply to ordinary maintenance or repair activity.
G. Spills – Prevention – Monitoring – Response.
1. The fire marshal may order an owner, occupant or other responsible party, at such party’s sole expense, to take such critical materials spill prevention, monitoring and/or cleanup measures as the fire marshal deems necessary to protect the public health and safety, or in the public convenience.
2. No notice or formal procedures are required in the event of an emergency, but the fire marshal may give such a form of notice and time to respond as the fire marshal deems reasonable. [Ord. 849B § 7, 2009.]