Chapter 17.100
WATER SUPPLY PROTECTION
Sections:
17.100.040 Scope and applicability.
17.100.050 Discharges to wellhead protection area.
17.100.060 Minimum standards – Source control program.
17.100.070 Municipal well protection standards for new and expanding uses.
17.100.090 Municipal well protection standards for existing uses.
17.100.100 Cessation of prohibited uses.
17.100.110 Removal of prohibited uses.
17.100.120 Administrative programs.
17.100.130 Amendment to wellhead protection boundaries.
17.100.150 Violation – Penalty.
17.100.180 Adoption of other regulations and standards by reference.
17.100.010 Purpose.
The purpose of this chapter is to:
(1) Fulfill public water system wellhead protection program requirements of Chapter 246-290 WAC.
(2) Protect the municipal water supply by establishing development regulations and minimum standards to reduce the risks of contaminants entering the water supply source aquifer.
(3) Prohibit the discharge of contaminants within the wellhead protection area as set forth in LMC 17.100.050 and require certain operations to utilize best management practices as set forth in LMC 17.100.060.
(4) Include a groundwater pollution prevention education component for businesses, industries, and the public. In implementing this chapter, the city will offer education and technical assistance to businesses, industries, and the public to explain how to implement water resource protection and pollution control practices. Enforcement actions will normally be implemented when:
(a) Education and technical assistance measures are unsuccessful at protecting the public interest;
(b) Best management practices are not followed; or
(c) Persons willfully contaminate or attempt to contaminate the drinking water or drinking water source of the city.
(5) To protect the health, safety, and welfare of the residents of the city and the integrity of the water supply for the benefit of all city and Beacon Hill Water and Sewer District consumers.
(6) Maintain economic viability while providing necessary environmental protection.
It is not the intent of this chapter to have the city pursue enforcement actions against businesses, industries, or persons whose actions or activities result in the discharge of de minimis amounts, as defined at LMC 17.100.030, of contaminants onto the ground or into the groundwater in the wellhead protection area. (Ord. 3520 § 1, 2024).
17.100.020 Authority.
This chapter is established under authority of the Public Water Systems – Penalties and Compliance (Chapter 70A.125 RCW), and Group A Public Water Supplies (Chapter 246-290 WAC).
The city may impose additional requirements whenever specific circumstances applicable to an operation threatening municipal water supplies are documented. (Ord. 3520 § 1, 2024).
17.100.030 Definitions.
(1) “AKART” is an acronym for “all known, available, and reasonable methods of prevention, control, and treatment.” AKART shall represent the most current methodology that can be reasonably required for preventing, controlling, or treating the discharge of pollutants. AKART may include, but not be limited to, pollution prevention plan development and implementation, engineering solutions, and practices deemed necessary to prevent release. In determining whether a technology is considered AKART, consideration is given to its technical and economic feasibility.
(2) “Aquifer” means a soil formation containing layers of rock, sand, gravel, and/or soil that stores, transmits, and yields water.
(3) “Best management practices” or “BMPs” means the schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by the Washington State Department of Ecology and/or the city of Longview that, when used singly or in combination, control, prevent, or reduce the release of pollutants and other adverse impacts to waters of Washington State.
(4) “Bulk petroleum fuel operation” means an operation that manages a cumulative total of 12,000 gallons or more of petroleum fuel on site in tanks capable of holding volumes of at least 4,000 gallons.
(5) “Bulk storage container” refers to any container 55 gallons or larger used to store a hazardous material except containers determined to be an underground storage tank.
(6) “CAS numbers” are unique and unambiguous identifiers for a specific substance that allow clear communication and, with the help of CAS scientists, link together all available data and research about a substance.
(7) “Chemical lagoons and pits” means any earthen basin or uncovered concrete basin or depression, lined or unlined, containing hazardous materials.
(8) “City” means the city of Longview.
(9) “Closure of operation” means the cessation of activity such that hazardous materials are no longer managed at the operation. For the purposes of this chapter, an operation is considered closed if it has been nonoperational for a continuous period of two years.
(10) “Connection” means a link or channel between two otherwise separate conveyance systems whereby there may be flow from one system to the other.
(11) “Container” means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.
(12) “Contaminant” means any chemical, physical, biological, or radiological substance that does not occur naturally in groundwater in the wellhead protection area (WHPA), or, if naturally occurring, has been found to exist at concentrations greater than those naturally occurring in the WHPA.
(13) “Dangerous waste” means waste designated in the Washington State Dangerous Waste Regulations (Chapter 173-303 WAC) as dangerous or extremely hazardous due to its physical, chemical, or biological properties.
(14) “Deleterious substance” means a substance that in contact with groundwater would degrade, alter or form part of a process of degradation or alteration of the groundwater quality so that it becomes or is likely to become harmful for human consumption.
(15) “De minimis amounts” means a small or miniscule amount of contaminant in a discharge that is determined not to be harmful to the environment.
(16) “Development” means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, or drilling operations.
(17) “Direct infiltration facility” means any mechanism that is intended to direct stormwater or process wastewater directly into the ground without providing treatment. Examples include, but are not limited to, drywells, ponds, trenches, and perforated pipe systems.
(18) “Director” means the director of the city of Longview public works department or designee.
(19) “Discharge” means the release of materials such that the materials may enter or be emitted to the air, land, surface water or groundwater.
(20) “Disposal” means discharging, discarding, or abandoning materials into or on any land, air, surface water or groundwater.
(21) “Disposal site” means an area of land or an excavation in which wastes are placed for permanent disposal, and which is not a land application site as defined in this section, surface impoundment, injection well, or waste pile.
(22) “Drywell” means a hole, pit, or precast concrete manhole with perforations, created and/or installed below ground surface with drain rock or other material to provide for exfiltration of surface water runoff or other drainage to the subsurface.
(23) “Existing operations, uses, activities” means operations, uses, or activities established prior to the effective date of this chapter.
(24) “Facility” means all structures, contiguous land, appurtenances, and other improvements on or in the land.
(25) “Groundwater” means water in a saturated zone or stratum beneath the surface of the land or below the bed of a surface water body.
(26) “Hard chrome plating” means chrome plating applied in a sufficient thickness to provide a hardened protective surface rather than merely a decorative surface. A hard chrome shop is more likely to be a large single-purpose plating shop with higher quantities of hazardous plating materials on site, whereas facilities which do decorative plating may do so as just one of the steps in their manufacturing process.
(27) “Hazardous material” means any product, substance, commodity, or waste in liquid, solid, or gaseous form that exhibits a characteristic that presents a risk to drinking water. Risk may be due to ignitability, toxicity, reactivity, instability, corrosivity, or persistence. This definition extends to all “dangerous wastes” and “hazardous substances” that are defined in Chapter 173-303 WAC (State Dangerous Waste Regulations). It also includes the chemicals and/or substances defined in the federal Emergency Planning and Community Right to Know Act (EPCRA) and/or the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
(28) “Hydraulic fracturing” or “fracking” means a human-caused technique of cracking or fracturing rocks and other geologic formations to create, restore, or increase the capacity or rate at which fluids or gases such as petroleum oil, natural gas, or water can be stored in, transmitted through, or withdrawn from the geologic formations. Hydraulic fracturing frequently involves introducing materials, chemicals, and compounds into the geologic formations to promote the cracking process and to maintain the cracks in an open condition.
(29) “Illicit connection” means any manmade conveyance connected to a municipal separate storm sewer without a permit, excluding roof drains and other similar type connections. Examples include, but are not limited to, sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the stormwater drainage system.
(30) “Illicit discharge” means any discharge to a municipal separate storm sewer that is not composed entirely of stormwater, except discharges pursuant to a NPDES permit (other than the NPDES permit for discharges from the municipal separate storm sewer) and discharges resulting from firefighting activities.
(31) “Land application site” means a place where wastes such as sludge or gray water are applied to the land.
(32) “Leachable constituents” means these constituents are determined using the Toxicity Characteristic Leaching Procedure (TCLP), Test Method 1311 in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846.
(33) “Manage” is a general term that includes, but is not limited to, the use, transfer, storage, processing, and repackaging of materials. This does not include the active or immediate transportation of materials.
(34) “Mint Farm Aquifer” means the aquifer in use by the city of Longview for a municipal water supply, identified as the gravel aquifer boundary in Figure 3-1, Delineation of Source Area for the Mint Farm Wellfield, of the City of Longview Mint Farm Regional Water Treatment Plant Preliminary Design Report prepared by Kennedy/Jenks Consultants, dated March 2010.
(35) “Municipal waste” means general residential and commercial wastes, including the waste collected by garbage haulers and the waste delivered to transfer or disposal sites by the waste generators themselves (self-haul).
(36) “Municipal water supply well” means a city-owned drinking water well supplying a water system meeting the definition of a Group A community water system as defined by WAC 246-290-020, and/or a city-owned water well supplying water to maintain or improve water quality in waters of Washington State. Locations of such wells are depicted on the wellhead protection area maps maintained by the city.
(37) “National Pollutant Discharge Elimination System” or “NPDES” means the national program for issuing, modifying, revoking, and reissuing, terminating, monitoring, and enforcing permits, and imposing and enforcing pretreatment requirements under the Federal Clean Water Act for the discharge of pollutants to waters of the state from point and nonpoint sources. These permits are referred to as NPDES permits and, in Washington State, are administered by the Washington State Department of Ecology.
(38) “New development” means land disturbing activities, including Class IV general forest practices, that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of impervious surfaces; and subdivision, short subdivision, and binding site plans, as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new development.
(39) “New operations, uses, activities” means operations, uses, or activities established on or after July 2012. Development or activities requiring a building or other permit are new operations, uses, or activities.
(40) “Operation(s)” means any industrial, commercial, institutional, or residential activity, whether publicly or privately owned and operated, that involves the use of stationary or portable facilities, equipment, transport vehicles, or transfer equipment. To the extent allowed by state or federal law, this definition includes all federal, state, or local government entities.
(41) “Outdoor wood preservation” means the act of pressure treating wood products for weather resistance and outdoor use, using organic-based preservatives such as creosote or pentachlorophenol, typically used to treat poles or heavy timbers, and inorganic-based preservatives such as chromium, copper, and arsenic typically used to treat dimension lumber.
(42) “Permeable surface” means soil or other ground cover with a sufficiently rapid infiltration rate so as to reduce or eliminate surface runoff.
(43) “Person” means any human being, firm, labor organization, partnership, corporation, unincorporated association, trustee, trustee in bankruptcy, receiver, or any other legally recognized entity.
(44) “Petroleum fuel” means petroleum-based liquid products refined from crude oil specifically for fuel purposes. Fuel includes, but is not limited to, all grades and blends of vehicle fuel, aviation and agricultural fuel, diesel, heating oil, and kerosene, and includes ethanol and similar fuel products and additives prior to blending.
(45) “Pollution prevention plan” means a site-specific plan that addresses the avoidance of unplanned chemical release in the air, water, or land. It is based on deliberate waste management planning, site design, and operational practices.
(46) “Potentially harmful materials” means hazardous materials as defined in this section as well as other materials including, but not limited to, the following, which if discharged or improperly disposed, may present a risk to drinking water:
Petroleum products including but not limited to petroleum fuel and petroleum based coating and preserving materials; oils containing PCBs; antifreeze and other liquid automotive products; metals, either in particulate or dissolved form, in concentrations above established regulatory standards; flammable or explosive materials; radioactive material; used batteries; corrosives, acids, alkalis, or bases; paints, stains, resins, lacquers, or varnishes; degreasers; solvents; construction materials; drain cleaners and other toxic liquid household products; pesticides, herbicides, fungicides, or fertilizers unless applied in accordance with local, state, and federal standards; steam cleaning and carpet cleaning wastes; pressure cleaning wastes; car wash water; laundry wastewater; soaps, detergents, or ammonia; swimming pool backwash; chlorine, bromine, and other disinfectants; heated water; domestic animal wastes; sewage; recreational vehicle waste; animal carcasses, excluding salmonids; food wastes; collected lawn clippings, leaves, or branches; trash or debris; silt, sediment, or gravel; dyes; and untreated or unapproved wastewater from industrial processes.
(47) “Process wastewater” means wastewater discharged from one or more industrial processes or industrial cleanup procedures.
(48) “Redevelopment” means, on a site that is already substantially developed (i.e., has 35 percent or more of existing impervious surface coverage), the creation or addition of impervious surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation, or expansion of a building or other structure; replacement of impervious surfaces; and land disturbing activities.
(49) “Releasing” or “release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment including, but not limited to, the abandonment or discarding of barrels, containers, and other closed receptacles.
(50) “Responsible government official” means a person employed by the federal, state, or a local government with authority to protect the public health and safety of drinking water. Examples include, but are not limited to, persons employed by the city, law enforcement or fire department personnel, and employees of the Washington State Department of Ecology, Washington State Department of Health, the United States Environmental Protection Agency, Cowlitz County, and Cowlitz County public health.
(51) “Sewage disposal cesspool” means a lined excavation in the ground which receives the discharge of a drainage system, designed to retain solids and organic matter while permitting liquids to seep through the sides and bottom.
(52) “Stormwater” means runoff during and following precipitation and snowmelt events, including surface runoff and drainage.
(53) “Stormwater drainage system” means constructed and natural features that function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat, or filter stormwater.
(54) “Stormwater facility” means a constructed component of a stormwater drainage system, designed, and constructed to perform a particular function or multiple functions. Stormwater facilities include, but are not limited to: pipes, swales, ditches, open channels, culverts, street gutters, detention ponds, retention ponds, constructed wetlands, storage basins, infiltration devices, catch basins, manholes, dry wells, oil/water separators, biofiltration swales, and sediment basins.
(55) “Stormwater manual” means the most current version of the city of the Stormwater Management Manual for Western Washington prepared by the Washington State Department of Ecology.
(56) “Stormwater treatment facility” means a stormwater facility that is intended to remove pollutants from stormwater. Stormwater treatment facilities include, but are not limited to, wet ponds, oil/water separators, biofiltration swales, and constructed wetlands.
(57) “Surface water” means water that flows across the land surface, in channels, or is contained in depressions in the land surface, including but not limited to ponds, lakes, rivers, and streams.
(58) “Tank” means a portable or stationary device designed to contain liquids used or stored at an operation which may include hazardous materials, chemicals, or dangerous wastes and which is constructed primarily of non-earthen materials to provide structural support.
(59) “Toxicity” means having properties that cause or significantly contribute to death, injury, or illness in humans or wildlife. A material exhibits the characteristic of toxicity if it contains certain leachable constituents at sufficient concentrations to be considered dangerous to human health and the environment. Leachable constituents and toxicity concentrations are referenced in the Toxicity Characteristic List of WAC 173-303-090(8) as amended.
(60) “Transfer warehouse” means any enclosed and covered transportation-related warehouse where shipments of products, which may be hazardous materials but not dangerous wastes, are held in portable containers for transfer.
(61) “Underground injection control” or “UIC” well means a manmade subsurface infiltration system designed to discharge fluids into the ground, consisting of an assemblage of perforated pipes, drain tiles, or other similar mechanisms, or a dug hole that is deeper than the largest surface dimension. Subsurface infiltration systems include drywells, pipe, or French drains, drain fields, and other similar devices.
(62) “Underground storage tank” or “UST” means any one or combination of tanks (including underground pipes connected thereto) that is used to contain an accumulation of regulated substances, as defined in Chapter 173-360 WAC, or hazardous materials as defined in this section, and the volume of which (including the volume of underground pipes connected thereto) is 10 percent or more beneath the surface of the ground and not readily available for visual inspection.
(63) “Water resources” means surface water, stormwater, and groundwater.
(64) “Wellhead protection area (WHPA)” means the area surrounding or contributing to the city’s municipal water supply wells, including a buffer area, designated for special protection as established by a hydrogeological model, and identified on wellhead protection area maps maintained by and available for inspection at the city. (Ord. 3520 § 1, 2024).
17.100.040 Scope and applicability.
(1) The provisions of this chapter shall apply to all facilities, activities, and residences in the city that store, handle, treat, use, produce, recycle, or dispose of hazardous materials or deleterious substances.
(2) Operations. All operations are subject to the provisions of this chapter. Each operation shall meet the minimum standards defined in LMC 17.100.060.
(3) Development and Redevelopment. The city shall apply development and redevelopment restrictions as defined in LMC 17.100.080 to activities inside the WHPA.
(4) Emergency Response Exclusion. Emergency response activities shall be excluded from the requirements of this chapter, if and only if such an activity is initiated and completed within a time frame too short to allow for full compliance with this chapter. This exclusion shall only apply to immediate actions that are undertaken in response to an imminent threat to drinking water, public health, or safety of persons or property. This exclusion shall not apply unless a responsible government official as defined in LMC 17.100.030 is notified and agrees the event is a qualifying emergency. (Ord. 3520 § 1, 2024).
17.100.050 Discharges to wellhead protection area.
(1) Prohibited Discharges. No person or operation shall discharge any potentially harmful materials within the WHPA. Persons or operations shall use all known, available, and reasonable means and BMPs to prevent the discharge of any potentially harmful materials within the WHPA.
(2) Illicit Connections.
(a) Any connection (pipe, open channel or drain), whether on the surface or subsurface, that could allow conveyance and discharge of any solid, liquid, or gaseous material not composed entirely of stormwater into the WHPA is considered an illicit connection and is prohibited, except:
(i) Connections conveying allowable discharges as set forth in subsections (3) and (4) of this section;
(ii) Connections conveying discharges pursuant to a National Pollutant Discharge Elimination System (NPDES) permit or a state waste discharge permit; and
(iii) Connections conveying effluent from permitted or authorized on-site sewage disposal systems to subsurface soils.
(b) Floor drains shall not be installed inside an operation which stores or uses hazardous materials unless approved by the city for connection to sanitary sewer. Existing floor drains connected to storm drains or to surface water drains located in or near indoor hazardous material storage or use areas are considered unauthorized connections and shall be sealed or removed to prevent liquid entry, piped to the sanitary sewer (with approval and appropriate shut-off valves), or be directed to additional containment or treatment systems meeting the standards of this chapter.
(3) Allowable Discharges to Stormwater Drainage System. The following types of discharges into the storm drainage system shall be permitted unless the city determines these discharges (whether singly or in combination with others) are causing unacceptable contamination of the municipal water supply:
(a) Diverted stream flows;
(b) Rising groundwaters;
(c) Uncontaminated groundwater infiltration (as defined at 40 CFR 35.2005(b)(20));
(d) Uncontaminated pumped groundwater;
(e) Foundation drains;
(f) Air conditioning condensation;
(g) Irrigation water from agricultural sources that is commingled with urban stormwater;
(h) Springs;
(i) Uncontaminated water from crawl space/basement pumps;
(j) Footing drains;
(k) Flows from riparian habitats and wetlands;
(l) Discharges from emergency fire fighting activities; and
(m) Any discharge specifically allowed in writing by a local, state, or federal agency for remedial action in an agreed order, a consent decree, or in a voluntary cleanup effort.
(4) Allowable Discharges to Permeable Surfaces. The following types of discharges shall be permitted onto a permeable surface unless the city determines these discharges (whether singly or in combination with others) contain greater than de minimis amounts of contaminants:
(a) All allowable discharges specified in subsection (3) of this section;
(b) Potable water;
(c) Potable water line flushing;
(d) Landscape watering;
(e) Residential car and boat washing;
(f) Residential swimming pool and spa water; and
(g) Common flushing practices from water wells and distribution systems.
(5) Nonstormwater Discharges to the Stormwater Drainage System Prohibited Unless Conditions Met. The following categories of nonstormwater discharges are prohibited discharges to the stormwater drainage system unless the stated conditions are met:
(a) Discharges from potable water sources, including water line flushing, hyper-chlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the stormwater drainage system. Chlorinated swimming pool, spa and hot tub discharges. The discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted and reoxygenized, if necessary, volumetrically and velocity controlled to prevent resuspension of sediments in the stormwater drainage system. Discharge shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the stormwater drainage system.
(b) Nonstormwater discharges covered by another NPDES or state waste discharge permit; provided, that the discharger is in compliance with that permit, waiver, or order and other applicable laws and regulations; and provided, that written approval has been granted by the city for the discharge to the stormwater drainage system.
(c) Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents. The city shall reduce these discharges through, at a minimum, public education activities and/or water conservation efforts. To avoid washing pollutants into the stormwater drainage system, the city must minimize the amount of street wash and dust control water used.
(d) Dye testing for tracing purposes; provided, that written approval has been granted by the city prior to the testing.
(e) Any nonstormwater discharges specified in writing by the director as being necessary to protect public health and safety.
(f) Other nonstormwater discharges. Any other nonstormwater discharges shall be in compliance with the requirements of a stormwater pollution prevention plan received by the city, which addresses control of such discharges. (Ord. 3520 § 1, 2024).
17.100.060 Minimum standards – Source control program.
(1) The director shall oversee a program that limits the amount of pollution entering the environment by requiring businesses to construct or implement source control best management practices.
(2) Operational Best Management Practices (BMPs). All operations shall adopt the following best management practices to ensure their operations minimize potential risks to drinking water:
(a) Precautions. The owner/operator shall take precautions to prevent accidental releases of hazardous materials. Hazardous materials shall be separated and prevented from entering stormwater drainage systems, septic systems, and drywells.
(b) Hazardous Materials Management. Hazardous materials shall be managed so they do not threaten human health or the environment or enter drinking water or the WHPA.
(c) Hazardous Material Releases. All hazardous materials that have been released shall be contained and abated immediately, and the hazardous materials shall be recycled or disposed of properly. The city shall be notified immediately of any release of hazardous materials that has the potential to impact the municipal water supply, but no later than 24 hours after the release. The stormwater manual provides applicable operational BMPs for spills of oils and hazardous substances.
(d) Oil/Water Separators. Oil/water separators shall be inspected, cleaned, and maintained as stipulated in the stormwater manual. The city may allow an operation to modify the frequency of cleaning if the operation can demonstrate to the city’s satisfaction that the separator operates effectively at less frequent cleaning intervals.
(e) Pesticide and Fertilizer Management. All pesticides, herbicides, fungicides, and fertilizers shall be applied and managed according to the applicable BMPs for landscaping and lawn/vegetation management in the stormwater manual.
(f) Stormwater Treatment Systems. Stormwater drainage systems and treatment facilities including, but not limited to, catch basins, wet ponds, vaults, biofilters, settling basins, and infiltration systems shall be cleaned and maintained by the responsible party according to the applicable operational BMPs for the maintenance of stormwater, drainage, and treatment systems specified in the stormwater manual.
(g) Decommissioning Water Wells. Any water well which is unusable, abandoned, or whose use has been permanently discontinued, or which is in such disrepair that its continued use is impractical or is an environmental, safety, or public health hazard, shall be decommissioned according to the provisions of WAC 173-160-381.
(h) Operation Closure. At the closure of an operation, all hazardous materials shall be removed from the closing portion of the operation and disposed of in accordance with local, state, and federal laws.
(i) Mobile Washing and Pressure Cleaning. Operations which engage in activities such as pressure washing, steam cleaning, carpet cleaning, and equipment and vehicle washing shall apply best management practices according to applicable BMPs in the stormwater manual. Mobile washing operations shall ensure all their employees are knowledgeable of proper discharge practices. Wash water from such operations shall be captured and directed to an approved discharge location. Nonapproved wash water shall not be discharged into the city’s stormwater drainage system.
(j) Operations constructing pilings, piers, and other structural supports requiring excavation and drilling shall submit to the city a geotechnical report demonstrating that these activities will not result in a conduit or pathway allowing potential contaminants into the Mint Farm Aquifer underlying the WHPA.
(3) Commercial Operations Requiring Additional BMPs. Operations which engage in the following commercial activities shall implement the applicable source control BMPs from the stormwater manual: commercial animal handling, commercial composting, printing operations, fueling stations, log sorting, railroad yards, recyclers, scrap yards, and wood treatment facilities.
(4) Specific Activities Requiring Additional BMPs. Operations performing the following activities shall implement the applicable source control BMPs from the stormwater manual and shall comply with the requirements of Chapter 173-303 WAC:
(a) Construction/repair/maintenance of boats/ships;
(b) Airfield/street deicing;
(c) Dust control;
(d) Landscaping;
(e) Loading/unloading of trucks and railcars;
(f) Repair/maintenance/parking of vehicles/equipment;
(g) Erosion control at industrial sites;
(h) Maintenance of utility corridors;
(i) Maintenance of roadside ditches/culverts;
(j) Outdoor manufacturing;
(k) Mobile fueling of vehicles/equipment;
(l) Painting/coating of vehicles/buildings/equipment;
(m) Storing dangerous wastes; and
(n) Managing raw materials. (Ord. 3520 § 1, 2024).
17.100.070 Municipal well protection standards for new and expanding uses.
(1) General Prohibitions. Due to the use of materials, chemicals, and compounds that may be harmful to human health and to prevent the potential for contamination of the city’s municipal water supply, the practice of hydraulic fracturing is prohibited from use at all locations within or beneath the WHPA and corporate city limits.
(2) New development, and expansion or enlargement of existing facilities or uses, of the type described in subsection (3) of this section, are prohibited within the designated wellhead protection areas.
(a) The more restrictive regulations governing allowed uses in this chapter or LMC Title 19, Zoning, shall apply.
(b) An existing use or proposed use is deemed to be within the applicable wellhead protection area if any portion of the facility (whether existing or proposed) touches or extends into the applicable wellhead protection area. The mere encroachment of the wellhead protection area on a land tract upon which such facility is located or proposed to be located shall not prohibit otherwise authorized development on the portion of the tract outside the wellhead protection area.
(3) The following uses are prohibited within the WHPA:
(a) Agricultural operations such as stockyards and feedlots.
(b) Automobile wrecking facilities (hulk haulers or scrap processors as defined in RCW 46.79.010, or vehicle wreckers as defined in RCW 46.80.010).
(c) Chemical or hazardous material manufacture, processing, reprocessing, transfer, storage, and disposal facilities.
(d) Chemical lagoons and pits.
(e) Dry cleaners that use chemical cleaning methods on site, including tetrachloroethlyene (PCE, PERC, C2Cl4), excluding drop-off only facilities.
(f) Gas stations.
(g) Hard chrome plating operations.
(h) Hazardous material disposal sites.
(i) Landfills (municipal sanitary solid waste, hazardous waste, and wood waste as defined by WAC 173-304-100).
(j) Landspreading disposal facilities as defined by WAC 173-304-100.
(k) Liquid petroleum products pipelines (SIC Code 461 – Pipelines, except Natural Gas).
(l) Manufacture of flammable or combustible liquids as defined in the current edition of the fire code.
(m) Municipal waste disposal sites.
(n) Outdoor wood preservation operations.
(o) Petroleum products refinery, including reprocessing (SIC Code 29 – Petroleum Refining and Related Industries).
(p) Radioactive waste disposal sites.
(q) Sewage disposal cesspools.
(r) All underground storage tanks except underground storage tanks and tank systems with a total system capacity of 1,100 gallons or less, and used for:
(i) Storing motor fuel for a farm operation and not for commercial resale; and
(ii) Heating oil for consumptive use on the premises where stored; and
(iii) Emergency utility purposes.
(s) Wood products preserving (SIC Code 2491).
(t) Any enterprise using or storing chlorinated solvents in excess of 10 gallons.
(u) Any other activity that has the potential to reduce the aquifer recharge, flow, or water quality, or otherwise threaten the use of the municipal water supply, as determined by the director. (Ord. 3520 § 1, 2024).
17.100.080 New and expanding uses involving hazardous materials requiring utilization of all known, available, and reasonable technologies.
(1) For new development, and expansion or enlargement of existing facilities or uses, of the type described in subsections (1)(a) through (1)(c) of this section (other than those described in LMC 17.100.070), which are within the designated six-month, and one-, five- and 10-year wellhead protection areas, and which use, store, handle, or dispose of materials above the minimum quantities listed below at any time, the applicant shall submit documentation which demonstrates that all known available and reasonable technologies (AKART) will be used to prevent impact to the groundwater. The community development director, in consultation with the public works director, shall review this documentation to determine whether the proposal shall be approved, denied, or approved with conditions, to ensure adequate protection of groundwater.
(a) Hazardous Materials. Substances determined to be a hazardous material as defined in this chapter, except as provided for below. Minimum cumulative quantity: 160 pounds (or the equivalent of 20 gallons).
(b) Cleaning Products. Cleaning substances for janitorial use or retail sale in the same packaging and concentrations as products packaged for use by the public. Chlorinated solvents and nonchlorinated solvents derived from petroleum or coal tar are not considered a cleaning substance under this subsection, but rather a hazardous material under subsection (1)(a) of this section. Minimum cumulative quantity: 800 pounds (or the equivalent of 100 gallons), not to exceed 440 pounds (or the equivalent of 55 gallons) for any single package.
(c) Listed Hazardous Materials. Substances containing “P” or “U” listed chemicals, or “F” or “K” listed wastes as defined in Chapter 173-303 WAC. Minimum quantity: none. Any businesses that use, store, handle or dispose of these substances may be required to submit documentation which demonstrates that AKART will be used to prevent impacts to groundwater.
(2) Notwithstanding the minimum thresholds listed in subsections (1)(a) through (1)(c) of this section, the city, for good cause and with reasonable expectation of risk to groundwater, may require AKART on any use proposed within the six-month, one-, five-, and 10-year time of travel zones. Uses, which may require AKART, include bulk storage containers, stormwater runoff, and discharge of CECs.
(3) For any proposed agricultural use located within the designated six-month, one-, five-, and 10-year time of travel zones, the owner, upon the request of the director, or designee, at their discretion, for good cause and with reasonable expectation of risk to groundwater, shall develop and implement a farm conservation plan in conformance with the U.S. Natural Resources Conservation Service Field Office Technical Guide and obtain approval of the Cowlitz conservation district board of supervisors. For purposes of this section, only those activities in an approved farm plan related to groundwater protection must be implemented. However, nothing in this section relieves an agricultural operation from meeting the requirements of other jurisdictions. (Ord. 3520 § 1, 2024).
17.100.090 Municipal well protection standards for existing uses.
The following shall apply to existing uses located within the designated wellhead protection areas:
(1) For any existing use within the approved six-month, one-, five-, and 10-year time of travel zones which uses, stores, handles or disposes of materials above the minimum quantity thresholds listed in LMC 17.100.080(1)(a) through (1)(c), the owner, upon request of the director, or designee, shall submit a pollution prevention plan that will ensure adequate protection of groundwater. The city shall review this plan and approve it, approve it with conditions, or reject it and document the reasons for the action.
Notwithstanding the minimum thresholds listed in LMC 17.100.080(1)(a) through (1)(c), the city, for good cause and with reasonable expectation of risk to groundwater, may require a pollution prevention plan and MPCs (methods of prevention and control) for any use proposed within the six-month, one-, five-, and 10-year time of travel zones. Uses which may require a pollution prevention plan include, but are not limited to, bulk storage containers, stormwater runoff, and discharge of CECs. (CECs are contaminants of emerging concern. Contaminants of emerging concern (CECs) are chemicals and toxics that have been found in waterbodies that may cause ecological or human health impacts and are not currently regulated. In wastewater, one of the most common types of CECs are pharmaceuticals and personal care products.)
Pollution prevention plans shall include the following 10 elements at a minimum:
(a) A brief description of business activities and a list and map of the locations, amounts, and types of hazardous materials, hazardous waste, and petroleum products stored on site;
(b) A pollution prevention evaluation that reviews whether the risk from hazardous substances could be reduced through modifying production processes, utilizing nontoxic or less toxic substances, implementing conservation techniques, or reusing materials;
(c) A description of inspection procedures for hazardous material storage areas and containers and the minimum inspection intervals. An inspection logbook shall be maintained for periodic review, and be made available upon request by the city or county;
(d) Provision of an appropriate spill kit with adequate spill supplies and protective clothing;
(e) Detailed spill cleanup and emergency response procedures identifying how the applicant will satisfy the requirements of the Dangerous Waste Regulations, Chapter 173-303 WAC, in the event that hazardous material is released into the ground, groundwater, or surface water;
(f) Procedures to report spills immediately to the Department of Ecology and the environmental health division of the Cowlitz County public health and human services department, in that order;
(g) A list of emergency phone numbers (e.g., business points of contact, Longview police department, Longview fire department, Longview water department, etc.);
(h) Procedures to ensure that all employees with access to locations where hazardous materials are used or stored receive adequate spill training. A training logbook shall be maintained for periodic review, and be available upon request by the city or county;
(i) A map showing the location of all floor drains and any hazardous material and petroleum product transfer areas; and
(j) Additional information determined by the city to be necessary to demonstrate that the use or activity will not have an adverse impact on groundwater quality.
(2) For any existing agricultural use located within the designated six-month, one-, five-, and 10-year time of travel zones, the owner, upon the request of the director, or designee, at their discretion for good cause and with reasonable expectation of risk to groundwater, shall develop and implement a farm conservation plan in conformance with the U.S. Natural Resources Conservation Service Field Office Technical Guide and obtain approval of the Cowlitz conservation district board of supervisors. For purposes of this section, only those activities in an approved farm plan related to groundwater protection must be implemented. However, nothing in this section relieves an agricultural operation from meeting the requirements of other jurisdictions. (Ord. 3520 § 1, 2024).
17.100.100 Cessation of prohibited uses.
Amendments to wellhead protection boundaries may cause existing facilities or land uses to become nonconforming with the provisions of this chapter. A nonconforming use under this section shall be deemed abandoned if it has been discontinued for a period of six months or more and may not be resumed. (Ord. 3520 § 1, 2024).
17.100.110 Removal of prohibited uses.
(1) Prohibited uses located within the wellhead protection areas, as identified in LMC 17.100.070, shall not be allowed within the most current adopted wellhead protection areas 10 years after adoption. The more restrictive regulations governing prohibited uses in this chapter or LMC Title 19, Zoning, shall apply.
(2) Once a prohibited use within the wellhead protection area ceases, and has been discontinued for a period of six months or more, resuming the use is prohibited.
(3) Closure of a facility that is the location of a prohibited use under this section shall be conducted in conformance with all applicable federal, state, and local laws and regulations, and in conformance with the closure requirements of the city. (Ord. 3520 § 1, 2024).
17.100.120 Administrative programs.
(1) Educational and Technical Assistance Program.
(a) The city will work in conjunction with other agencies to implement an education and technical assistance program to assist property owners, business and industry owners and managers, residents, and other interested parties in understanding the importance of protecting the city’s drinking water and in employing best management practices in pursuit of that goal.
(b) The program directed toward business and industry will include but not be limited to technical assistance visits, informational fact sheets, self-audits, or workshops.
(c) Additional education and assistance programs aimed at residences, public institutions, and low risk businesses shall include:
(i) Education on the proper use of pesticides, herbicides, fungicides, and fertilizers;
(ii) Discussions of the impacts of unauthorized discharges to drywells, catch basins, storm basins, and sanitary sewer;
(iii) Activities to explain and promote the proper management and disposal of used oil and other contaminants; and
(iv) The importance of properly abandoning wells in accordance with state law.
(2) Compliance Inspections.
(a) City personnel may inspect any operation within the city limits known to manage (or that may potentially manage) hazardous materials or is reasonably believed to be a potential source of an illicit discharge into the WHPA.
(b) Inspections may be initiated as the result of a complaint or referral, or as defined by a routine schedule for compliance, or self-initiated by the city. Inspections will be used to determine if there is any risk to the water supply and to determine if an operation is in compliance with this chapter.
(c) Inspections may involve a review of process equipment, structures, and operating practices; records or plan review; interviews with operators; photo documentation; and sampling. As such, operators shall allow representatives of the city, upon presentation of credentials, to:
(i) Enter the premises where hazardous materials are being managed, or where records may be kept as required by this chapter. The owner/operator shall make necessary arrangements to allow access without delay. Unreasonable delay may constitute a violation of this chapter;
(ii) Have access to and copy, at reasonable times, any records that must be kept as required by this chapter;
(iii) Inspect at reasonable times any facilities, equipment (e.g., safety, monitoring, operating, or other equipment), practices, or operations regulated or required under the provisions of this chapter; and
(iv) Sample and monitor, at reasonable times, any substances or parameters at any location for the purposes of assuring compliance or as otherwise authorized by the provisions of this chapter. This requirement may involve the city’s installation or erection of equipment to conduct sampling, inspection, compliance monitoring, or metering operations. As such, at the written or verbal request of the city, operators shall remove any temporary or permanent obstruction to safe and easy access to an operation to be inspected and/or sampled. The operator shall not replace such an obstruction without the city’s consent. (Ord. 3520 § 1, 2024).
17.100.130 Amendment to wellhead protection boundaries.
Conditions may change such that there is a need to amend wellhead protection boundaries.
(1) Conditions requiring a change to the wellhead protection boundaries may include, but are not limited to, the following:
(a) Activation of new municipal supply;
(b) Increase in production capacity at an existing well;
(c) Decommission of existing municipal supply well;
(d) Improved technology for modeling groundwater capture areas; or
(e) Improved understanding of hydrologic conditions within the region.
(2) The city will determine when it is appropriate to amend wellhead protection boundaries.
(3) Prior to the adoption of amendments, notice of a public hearing regarding proposed amendments shall be given by publication and by mail to the property owner(s) of record within the proposed new wellhead protection areas.
(4) Once amendments are adopted by city council, the provisions of this chapter will apply to facilities and uses contained within these new boundaries. (Ord. 3520 § 1, 2024).
17.100.140 Appeals.
Any person believed to be aggrieved by the application of the provisions of this chapter may appeal the matter to the Longview hearing examiner. Such appeals are governed by Chapter 1.32 LMC. Appeals of wellhead protection area determinations in conjunction with the establishment of wellhead protection areas must be supported by technical evidence provided through competent and credible expert testimony using a methodology deemed equally protective by the hearing examiner. The hearing examiner shall give substantial weight to the technical reports and information used by the city in establishing the wellhead protection area alleged to be improper. (Ord. 3520 § 1, 2024).
17.100.150 Violation – Penalty.
(1) Violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor. Each day such violation continues shall be considered a separate, distinct offense.
(2) Any person who commits, participates in, assists, or maintains such violation may be found guilty of a separate offense.
(3) In addition, any violation of the provisions of this chapter is declared to be a public nuisance and may be abated through civil enforcement proceedings including injunctive or similar relief in superior court or other court of competent jurisdiction. (Ord. 3520 § 1, 2024).
17.100.160 Interpretation.
The director shall be responsible for interpreting the provisions of this chapter. The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter. (Ord. 3520 § 1, 2024).
17.100.170 Severability.
Should any section, clause or provision of this chapter or any code adopted hereby be declared by a court to be invalid, the same shall not affect the validity of the remainder, either in whole or in part. (Ord. 3520 § 1, 2024).
17.100.180 Adoption of other regulations and standards by reference.
The following state statutes and administrative regulations are hereby adopted by this reference as if set forth in full, to the extent necessary to interpret and implement this chapter:
|
A. |
RCWs |
Title |
|
|
43.20 |
Drinking Water |
|
|
70.95 |
Dangerous and Solid Waste |
|
|
70.105 |
Dangerous Waste, MTCA, Sediment Standards |
|
|
90.48 |
Groundwater, Surface Water, Sediment |
|
|
90.54 |
Groundwater |
|
|
90.70 |
Sediment |
|
B. |
WACs |
Title |
|
|
173-200 |
Water Quality Standards for Groundwaters of the State of Washington |
|
|
173-201 |
Water Quality Standards for Surface Waters of the State of Washington |
|
|
173-216 |
State Waste Discharge Permit Program |
|
|
173-220 |
National Pollutant Discharge Elimination System Permit Program |
|
|
173-204 |
Sediment Management Standards |
|
|
173-303 |
Dangerous Waste Regulations |
|
|
173-304 |
Minimum Functional Standards for Solid Waste Handling |
|
|
173-340 |
The Model Toxics Control Act Cleanup Regulation |
|
|
246-290 |
Public Water Supplies |
(Ord. 3520 § 1, 2024).