Chapter 18.12E
RESOURCE LANDS/CRITICAL AREAS – AQUIFER RECHARGE AREAS
Sections:
18.12E.010 Permitted uses and activities.
18.12E.040 Application requirements.
18.12E.060 Specific standards.
18.12E.010 Permitted uses and activities.
Uses and activities permitted within designated aquifer recharge areas are those that are authorized in the applicable zoning district, subject to the provisions of this chapter. (Ord. 08-02 § 3, 2008)
18.12E.020 Classification.
The city of East Wenatchee hereby adopts by reference the Douglas County Wellhead Protection Program. All aquifer recharge areas shall be classified by the city of East Wenatchee as any area located within the 10-year capture zone identified in the Douglas County Wellhead Protection Program. (Ord. 08-02 § 3, 2008)
18.12E.030 Designation.
All existing areas of the city of East Wenatchee classified as stated in EWMC 18.12E.020, as determined by the review authority, are hereby designated as aquifer recharge areas. The provisions of this chapter are specific to the following described areas:
A. Area A (Regional Wellfield)- Commencing at the intersection of the Douglas County Boundary with a westerly extension of the north line of Government Lot 8 in Section 35, Township 24 North, Range 20 East, W.M., said point being the TRUE POINT OF BEGINNING FOR THIS DESCRIPTION. Thence easterly along said extended north line to the east shoreline of the Columbia River. Thence continuing easterly along the north line of said Government Lot 8 to the northwest corner of the Southeast quarter of the Southeast quarter of said Section 35. Thence continuing easterly along the north line of said Southeast quarter of the Southeast quarter to the centerline of SR-97. Thence northeasterly along said centerline to the east line of the Northwest quarter of the Southwest quarter of Section 36, Township 24 North, Range 20 East, W.M. Thence northerly along said east line to the southeast corner of the Southwest quarter of the Northwest quarter of said Section 36. Thence continuing northerly along the east line of said Southwest quarter of the Northwest quarter to the southwest corner of the Northeast quarter of the Northwest quarter of said Section 36. Thence easterly along the south line of said Northeast quarter of the Northwest quarter to the east line of the west half of said Northeast quarter of the Northwest quarter. Thence northerly along said east line to the shoreline of the Columbia River. Thence continuing northerly on a northerly extension of said east line to an intersection with the Douglas County Boundary and the END OF THIS DESCRIPTION.
B. Area B (19th Street Wellfield)- Commencing at the intersection of the Douglas County Boundary with a westerly extension of the north line of Government Lot 5 in Section 34, Township 23 North, Range 20 East, W.M., said point being the TRUE POINT OF BEGINNING FOR THIS DESCRIPTION. Thence easterly along said westerly extension to the shoreline of the Columbia River. Thence continuing easterly along the north line of said Government Lot 5 to the west quarter corner of Section 35, Township 23 North, Range 20 East, W.M. Thence southerly along the west line of said Section 35 to an intersection with a westerly extension of the north line of Lot 41, East Wenatchee Land Company’s Plat of Part of Sections 34 and 35, Township 23 North, Range 20 East, W.M. Thence easterly on said westerly extension to the northwest corner of said Lot 41. Thence continuing easterly along the north line of said Lot 41 to the northeast corner thereof. Thence southerly along the easterly lines of Lots 41 and 56, said E.W.L.C. plat to the southeast corner of said Lot 56. Thence easterly to the centerline of NW. Bates Ave. Thence southerly along said centerline and an extension thereof to the south line of said Section 35. Thence southerly to the northeast corner of Lot 2, Cooper Short Plat No. 3, as filed under Douglas County Auditor’s File No. 257079. Thence westerly along the north line of said Lot 2 and its extension thereof to the Douglas County Boundary and the END OF THIS DESCRIPTION.
C. Area C (Kentucky Street Wellfield)- Commencing at the intersection of the Douglas County Boundary with a southerly extension of the east line of Lot 364, East Wenatchee Land Company’s (EWLC) Plat of Section 19, Township 22 North, Range 21 East, W.M., said point being the TRUE POINT OF BEGINNING FOR THIS DESCRIPTION. Thence northerly along said southerly extension to the shoreline of the Columbia River. Thence continuing northerly along the east line of said Lot 36 and the east line of Lots 29, 20, 13 and 4, said EWLC plat of Section 19, to the northeast corner of said Lot 4. Thence northerly to the southeast corner of the Southwest quarter of the Southwest quarter of the Southeast quarter of Section 18, Township 22 North, Range 21 East, W.M. Thence northerly along the east line of the West half of the Southwest quarter of the Southeast quarter of said Section 18 to the northeast corner of the Northwest quarter of the Southwest quarter of the Southeast quarter of said Section 18. Thence westerly along the north line of said Northwest quarter of the Southwest quarter of the Southeast quarter to the northwest corner of said section subdivision. Thence westerly to the northeast corner of Lot 1, Block 4, Plat of Eden Orchard Tracts. Thence westerly along the north line of said Lot 1 to the northwest corner of said Lot 1. Thence northerly to the southeast corner of Lot 3, Block 1, said Plat of Eden Orchard Tracts. Thence northerly along the east line of said Lot 3 to the northeast corner of said Lot 3. Thence westerly along the north line of said Lot 3 to the northwest corner of said Lot 3. Thence westerly to the northeast corner of Lot 4, Block 2, said Plat of Eden Orchard Tracts. Thence westerly along the north line of said Lot 4 and Lot 3, Block 2, said Plat of Eden Orchard Tracts, to the northwest corner of said Lot 3. Thence southerly along the west line of said Lot 3 to the southwest corner of said Lot 3. Thence westerly to the northeast corner of Lot 49, East Wenatchee Land Company’s (EWLC) Plat of Section 13, Township 22 North, Range 20 East, W.M. Thence westerly along the north line of said Lot 49 and Lot 50, said EWLC plat of Section 13, to the northwest corner of said Lot 50. Thence southerly along the west line of said Lot 50 to the southwest corner of said Lot 50 and the northeast corner of Lot 62, said EWLC plat of Section 13. Thence westerly along the north line of said Lot 62 and the north line of Lot 61, said EWLC plat of Section 13, to the northwest corner of said Lot 61. Thence southerly along the west line of said Lot 61 to the southwest corner of said Lot 61. Thence southerly to the northwest corner of the Northeast quarter of Section 24, Township 22 North, Range 20 East, W.M. Thence southerly along the west line of said Northeast quarter to the shoreline of the Columbia River. Thence continuing southerly along said west line to an intersection with the Douglas County Boundary. Thence southeasterly along said Douglas County Boundary to the TRUE POINT OF BEGINNING.
(Ord. 22-08 § 5 (Exh. C), 2022; Ord. 08-02 § 3, 2008)
18.12E.040 Application requirements.
Development permit applications shall provide appropriate information on forms provided by the review authority. Additional special reports or information to identify potential impacts and mitigation measures to aquifer recharge areas may be required if deemed necessary by the review authority. (Ord. 08-02 § 3, 2008)
18.12E.050 General standards.
The following minimum standards shall apply to all development activities occurring within designated aquifer recharge areas:
A. Development activities within an aquifer recharge area shall be designed, developed and operated in a manner that will not potentially degrade the city of East Wenatchee groundwater resources.
B. Any changes in land use or type of new facilities where substances of moderate risk are used, stored, treated or handled; or which produce moderate risk waste shall be designed to prevent the release of any such materials into the groundwater.
C. The following uses and activities shall be prohibited within a designated aquifer recharge area:
1. The conversion of heating systems to fuel oil or the installation of new fuel oil heating systems;
2. Accumulation of junk materials;
3. Hazardous substance treatment, storage and disposal facilities;
4. The negligent transportation of hazardous substances materials;
5. Solid waste and inert debris landfills, transfer stations, recycling facilities;
6. Petroleum product pipelines;
7. Class I, II, III, IV and V underground injection wells, except 5D2 storm drainage wells, 5G30 special drainage wells and 5R21 aquifer recharge wells as identified by the Federal Safe Drinking Water Act;
8. Mineral extraction. (Ord. 08-02 § 3, 2008)
18.12E.060 Specific standards.
The following standards shall apply to the activity identified below, in addition to the general standards outlined in EWMC 18.12E.050:
A. Aboveground Storage Tanks or Vaults. Construction of an aboveground storage tank or vault, regardless of the storage capacity, for the storage of moderate substances or dangerous wastes as defined by Chapter 173-303 WAC may be authorized subject to the following standards:
1. The design of the storage tank or vault shall include an impervious containment area enclosing or underlying the tank, which is large enough to contain 120 percent of the volume of the tank.
2. Leak and release detection equipment shall be installed on all tanks and vaults.
B. Underground Storage Tanks and Vaults. Construction of an underground storage tank or vault, regardless of the storage capacity, for the storage of moderate substances or dangerous wastes as defined by Chapter 173-303 WAC may be authorized subject to the following standards:
1. The design of the storage tank or vault shall include an impervious containment area enclosing or underlying the tank, which is large enough to contain 120 percent of the volume of the tank.
2. All storage tanks and vaults shall either be cathodically protected against corrosion, constructed of noncorrosive materials, or steel clad with noncorrosive materials.
3. The lining of all tanks and vaults shall be compatible to the substance to be stored.
4. Leak and release detection equipment shall be installed on all tanks and vaults.
C. Stormwater Standards and Requirements for 5D2 “Stormwater Drainage Wells”; 5G30 “Special Drainage Wells” and 5R21 “Aquifer Recharge Wells” as identified by the Federal Safe Drinking Water Act. All stormwater management facilities shall be designed and constructed in conformance with the Stormwater Management Manual for Eastern Washington and standards adopted in this code.
1. Soil Infiltration.
a. Infiltration rates less than 2.4 inches per hour shall construct and maintain a pre-settling basin prior to discharge.
b. Infiltration rates greater than or equal to 2.4 inches per hour shall provide water quality treatment using best management practices (BMP) prior to discharging to unsaturated soils.
2. Detention facilities shall be designed to reduce peak discharge and improve water quality.
a. Detention volumes are represented by the area between the predeveloped and developed hydrograph for the city design storm. The minimum required to be retained in the detention basin before outfall to a stormwater drywell shall not exceed a volume for a six-month 24-hour storm.
b. Inlet and outlet placements shall be placed as far apart as possible to minimize short circuiting of the facility.
c. All detention basins shall have an emergency overflow so the facility will not be damaged if runoff is exceeded.
3. Vegetated filter areas are vegetated channels that allow overland flow which effectively treats stormwater runoff.
a. Flow depths shall not exceed six inches in depth and the preferred slope is two to four percent. Check dams with a six- to 12-inch vertical drop shall be installed for slopes of four to six percent.
b. The minimum length shall not be less than two linear feet.
c. The maximum cross section shall not exceed three horizontal units to one vertical unit (3:1).
d. The site shall be improved with a vegetative cover suitable for the filter area. Vegetation shall be permanently maintained in a manner acceptable to the city engineer.
4. Operation and Maintenance.
a. The inlet flow spreader shall be kept free of leaves, rocks and other debris.
b. Biofilters planted in grasses shall be mowed regularly to promote growth and pollutant uptake.
c. Biofilters shall be periodically checked and sediments shall be removed by hand whenever sedimentation covers vegetation or begins to reduce the biofilter’s capacity. Damaged areas shall be reseeded.
D. Surface Impoundments. Surface impoundments, defined by Chapter 173-303 WAC, shall be designed by a professional engineer and constructed with an impermeable liner and other components as appropriate to prevent discharge of any material on the ground surface and/or into the groundwater system. Surface impoundments shall be designed and constructed in accordance with applicable governing law, and have a minimum excess capacity equal to 120 percent of the projected volume of liquid to be contained including intentional and unintentional stormwater capture.
E. Minor Developments. Minor developments are projects which are processed as Type IA actions according to EWMC 19.01.030(B). Such projects proposed within an aquifer recharge area shall comply with the following standards:
1. Connection to a public sanitary sewer system or an approved community sewer system shall be required. If connection to sanitary sewer is not feasible, on-site septic systems proposed on lots of record legally existing on the date the ordinance codified in this chapter was enacted are permitted provided:
a. The public health officer has designated the aquifer recharge area as an “area of special concern” in accordance with WAC 246-272-21501.
b. The type of on-site system is approved by the Chelan-Douglas health district upon finding that the design of the system will not be detrimental to the community water supply.
c. The property owner shall enter a no protest agreement with the Douglas County sewer district, or other sanitary sewer provider as appropriate to the property location, agreeing to not protest the formation of a local improvement district for the extension of sanitary sewer. This agreement shall be recorded with the Douglas County auditor.
2. The connection to an approved public water service shall be required.
F. Major Developments. Major developments are projects which are processed as Types IB, IIA, IIB, III, IVA, IVA, and IVB according to EWMC 19.01.030(B). Such projects authorized within an aquifer recharge area shall comply with the following minimum standards:
1. Connection to a public sanitary sewer system or an approved community sewer system shall be required unless the public health officer has designated the aquifer recharge area as an “area of special concern” in accordance with WAC 246-272-21501.
2. Connection to an approved public water system shall be required.
3. All existing wells located on the subject property shall either be properly abandoned in accordance with the requirements of the Chelan-Douglas health district and the Department of Ecology or designated for irrigation purposes only. If an existing well is designated for irrigation purposes, then the following shall apply:
a. Evidence of a water right issued by the state of Washington for the use of the well shall be presented to the review authority. An application for a water right is not acceptable evidence of an actual right to appropriate water.
b. Certification from the public health officer stating that the well is properly constructed and sealed to prevent any contaminants from entering the wellhead shall be submitted to the review authority.
4. Stormwater management facilities shall be designed and constructed in conformance with the Stormwater Management Manual for Eastern Washington and standards adopted in this code. The use of injection wells is prohibited in accordance with EWMC 18.12E.050(C) of this chapter.
5. An analysis shall be conducted to assess the impact to groundwater quality from the potential of nitrate loading to the groundwater.
6. Areas highly susceptible of transporting contaminants to the groundwater (i.e., natural drainages, springs, wetlands, etc.), as determined by the review authority, shall be designated as open space. All impervious surfaces shall maintain a 15-foot setback from areas identified as being highly susceptible and no amount of stormwater runoff shall be directed towards the susceptible area(s).
G. Parks, Schools and Recreation Facilities. Fertilizer and pesticide management practices of schools, parks, other recreation facilities and similar uses shall use best management practices as prescribed by the Washington State University Cooperative Extension Services.
H. All major and minor developments shall have an informational note placed on the face of plat stating “this subdivision is located within an aquifer recharge area. Best management practices shall be used for the containment of stormwater and the application of pesticides and fertilizers.” (Ord. 08-02 § 3, 2008)