Chapter 18.165
HAZARDOUS SUBSTANCES
Sections
18.165.050 Hazardous substances in Residential Zones.
18.165.060 Hazardous waste and hazardous substances in Commercial Zones.
18.165.070 Hazardous waste and hazardous substances in B-P and I-C Zones.
18.165.010 Title.
This chapter shall be entitled “Hazardous Substances.” [Ord. 1591 § 357, 2014.]
18.165.020 Application.
This chapter shall apply to the use and storage of all hazardous waste and substances in all zones of the City. [Ord. 1591 § 358, 2014.]
18.165.030 Purpose.
This chapter is intended to regulate the use of hazardous substances. [Ord. 1591 § 359, 2014.]
18.165.040 Authority.
This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws. [Ord. 1591 § 360, 2014.]
18.165.050 Hazardous substances in Residential Zones.
(1) This section is applicable to chapters 18.55, 18.60, 18.65, 18.70, 18.75, 18.80, 18.85, 18.130 and 18.135, Pacific Ridge Zone, DMMC.
(2) No use permitted in this chapter, with the exception of public utility and service facilities, shall store any hazardous substance, except that for the purposes of this chapter the following substances shall be exempt:
(a) Heating oil stored in an underground tank sufficiently contained so as to preclude soil and ground water contamination;
(b) Gasoline stored in an approved Underwriters’ Laboratory container;
(c) Prepackaged retail quantities of fertilizers, pesticides, and auto and home care products only for home and personal use.
(3) Failure to comply with any of the requirements of this section shall be deemed a violation and shall result in enforcement by civil penalty as set forth in DMMC 18.01.100 and 18.01.120. Any person or business who fails to comply with the provisions of this chapter, or permits a violation to continue after receiving written notice of violation from the Planning, Building and Public Works Director, shall be deemed to be causing or permitting a public nuisance and shall be liable in an action for abatement filed by the City in Superior Court. [Ord. 1591 § 361, 2014.]
18.165.060 Hazardous waste and hazardous substances in Commercial Zones.
(1) This section is applicable to chapters 18.90, 18.95, 18.100, 18.105, 18.110, 18.115, 18.120, 18.125 and 18.135, Pacific Ridge Zone, DMMC.
(2) Any use permitted by this section which involves the treatment or storage of hazardous waste or the use or handling of hazardous substances shall conform to the regulations contained in this section. In the event there is a conflict between the provisions of this section and any other provision of this chapter, the provisions of this section shall prevail.
(a) Off-site hazardous waste facilities are prohibited.
(b) On-site hazardous waste facilities are permitted as an accessory use only; provided, that the location of such facilities shall be consistent with siting criteria adopted or hereafter amended by the Department of Ecology under RCW 70.105.210 incorporated in this section by reference and that the transport, storage, containment, treatment, or disposal of such hazardous wastes shall be performed so as not to jeopardize the health and safety of any individual or harm the environment.
(c) The use or handling of hazardous substances is permitted as an accessory use only; provided, that the transport, storage, containment, application and disposal of such hazardous substances shall be performed so as not to jeopardize the health and safety of any individual or harm the environment.
(d) Violation – Civil Penalty, Revocation of Business License. Failure to comply with any of the requirements of this section shall result in enforcement by civil penalty as set forth in DMMC 18.01.080 through 18.01.100 and revocation of business license as set forth in DMMC 5.04.060.
(e) Violation – Abatement Authorized. Any person or business who fails to comply with the provisions of this chapter, or permits a violation to continue after receiving written notice of violation from the Planning, Building and Public Works Director, shall be deemed to be causing or permitting a public nuisance and shall be liable in an action for abatement filed by the City in Superior Court. [Ord. 1591 § 362, 2014.]
18.165.070 Hazardous waste and hazardous substances in B-P and I-C Zones.
(1) Prohibited Uses, Activities and Equipment. No use, activity, or equipment shall be permitted which creates a nuisance or is offensive, objectionable, or hazardous by reason of creation of odors, noise, sound, vibrations, dust, dirt, smoke, or other pollutants, noxious, toxic, or corrosive fumes or gases, radiation, explosion or fire hazard, or by reason of the generation, disposal, or storage of hazardous or dangerous wastes or materials.
(2) Hazardous Waste and Hazardous Substances.
(a) A use permitted by this chapter that involves hazardous waste storage or the use or handling of hazardous substances shall comply with all applicable regulations to include chapter 70.105 RCW, Hazardous Waste Management, and chapter 70.109D RCW, Hazardous Waste Cleanup – Model Toxics Control Act.
(b) On-site hazardous waste disposal facilities shall be prohibited.
(c) The use or handling of hazardous substances is permitted as an accessory use only; provided, that the transport, storage, containment, application, and disposal of such hazardous substances shall be performed so as not to jeopardize the health and safety of an individual or harm the environment. [Ord. 1591 § 363, 2014.]