Chapter 14.07
CRITICAL AQUIFER
RECHARGE AREAS
Sections:
14.07.030 Prohibited uses and activities.
14.07.040 Performance standards.
14.07.010 Purpose.
To protect groundwater quality and quantity for public water supply and to maintain hydrologic functions of aquatic areas. Critical aquifer recharge areas contribute significantly to the replenishment of groundwater and due to their prevailing geologic conditions associated with infiltration rates, have a high potential for contamination of ground water resources. (Ord. 1243 Exh. B (part), 2006).
14.07.020 Designation.
Critical aquifer recharge areas (CARAs) are those areas with a critical recharging effect on aquifers used for potable water. CARAs are areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of the water, as defined by WAC 365-190-030(3). The Critical Aquifer Recharge Area and Wellhead Protection Area Map on file with the city designates CARAs in North Bend according to King County’s analysis. The map may be periodically revised by the city to add or remove areas based on additional information.
A. Critical aquifer recharge areas are categorized in the city as follows:
1. Category I critical aquifer recharge areas include those areas designated on the Critical Aquifer Recharge Area Map on file with the city as highly susceptible to groundwater contamination and that are located within a sole source aquifer or wellhead protection area; and
2. Category II critical aquifer recharge areas include those mapped areas designated that:
a. Have a medium susceptibility to groundwater contamination and are located in a sole source aquifer or wellhead protection area; or
b. Are highly susceptible to groundwater contamination and are not located in a sole source aquifer or wellhead protection area.
B. An applicant can request that the city declassify a specific area included in the map. The application must be supported by a critical area report that includes a hydrogeologic assessment demonstrating that the designation is not warranted based on the physical character of the aquifer. The application to declassify an area shall be reviewed by the city and the director shall make a determination whether to amend the map as appropriate. (Ord. 1688 § 3 (Exh. C (part)), 2019: Ord. 1243 Exh. B (part), 2006).
14.07.030 Prohibited uses and activities.
A. The following new uses or activities are not allowed in Category I critical aquifer recharge areas:
1. Hazardous liquid transmission pipelines;
2. Sand, gravel, and hard rock mining on land that is not zoned for mining;
3. Mining of any type below the groundwater table;
4. Processing, storage, and disposal of radioactive wastes;
5. Hydrocarbon extraction (unless part of an approved decommissioning plan);
6. Commercial wood treatment facilities on permeable surfaces;
7. Wrecking yards; and
8. Landfills for hazardous waste, municipal solid waste, or special waste, except Class A biosolids when applied pursuant to Washington State Department of Ecology (WSDOE) standards.
B. The following new uses and activities are not allowed in a Category II critical aquifer recharge area:
1. Mining of any type below the water table;
2. Processing, storage, and disposal of radioactive substances;
3. Hydrocarbon extraction (unless part of an approved decommissioning plan);
4. Commercial wood treatment facilities on permeable surfaces;
5. Wrecking yards; and
6. Landfills for hazardous waste, municipal solid waste, or special waste, except Class A biosolids when applied pursuant to WSDOE standards.
C. The activities listed below may be conditioned or allowed pending further evaluation to determine if measurable degradation in the quality of groundwater (in a critical aquifer recharge area) will occur. Applicants of development proposals or alterations involving the following types of uses or land activities shall prepare and submit, as part of their critical area study, a hydrogeologic assessment of the proposed site to determine if the development proposal or alteration will cause contaminants to enter a critical aquifer recharge area:
1. Golf courses;
2. Cemeteries;
3. Asphalt and concrete facilities; and
4. Concentrated animal feeding operations. (Ord. 1688 § 3 (Exh. C (part)), 2019: Ord. 1243 Exh. B (part), 2006).
14.07.040 Performance standards.
For development proposals within a critical aquifer recharge area, the director may require preparation of a critical area report as specified in NBMC 14.05.240. In addition, the following standards will apply:
A. Containment. Every development proposal involving hazardous substance processing or handling that is located in or adjacent to a critical aquifer recharge area shall provide on-site containment devices adequate in size to contain any unauthorized release of hazardous substances from any area where these substances are either stored, handled, treated, used, or produced. Containment devices shall prevent such substances from penetrating into the ground. This provision also applies to releases that may mix with storm runoff.
B. Hazardous Substances Management Plan. Every development proposal involving hazardous substance processing or handling that is located in or adjacent to a critical aquifer recharge area shall prepare a spill plan containing procedures to be followed to prevent, control, collect, and dispose of any unauthorized release of a hazardous substance. Individual hazardous substance waste and typical retail waste will typically not require a spill plan. A spill plan may be required for businesses holding or disposing of either bulk chemicals such as oil, anti-freeze, etc., or truly hazardous chemicals such as acids or other corrosive substances. The plan must ensure the development can maintain spill clean-up of materials in a quantity sufficient to capture the largest container if spilled.
C. Hazardous Substance Storage Tanks.
1. All hazardous substance storage tanks containing hazardous substances proposed to be located in a critical aquifer recharge area must comply with local building code requirements and must conform to the International Fire Code requirements for secondary containment.
2. Underground Tanks. No new underground storage tanks with hazardous substances shall be allowed in Category I critical aquifer recharge areas. All new underground hazardous substance tanks located in a Category II critical aquifer recharge area or adjacent to a critical aquifer recharge area shall be designed and constructed to:
a. Prevent releases due to corrosion or structural failure for the operational life of the tank;
b. Protect against corrosion, using noncorrosive material, steel clad with a noncorrosive material, or including a secondary containment system to prevent the release or threatened release of any stored substance; and
c. Use material in the construction or lining of the tank that is compatible with the substance to be stored.
3. Aboveground Tanks. No new aboveground storage tank for hazardous substances located in or adjacent to a critical aquifer recharge area shall be installed, used or maintained in any manner that may allow the release of a hazardous substance to the ground, groundwaters, or surface water.
D. Agriculture. Agricultural activities in or adjacent to a critical aquifer recharge area shall use Natural Resources Conservation Service (NRCS) best management practices to prevent ground quality degradation from livestock waste.
E. Sewage Disposal. All lots of residential, commercial, or industrial development proposals located in or adjacent to a critical aquifer recharge area and within 150 feet of a public sewer system shall be connected to the sewer system.
F. Golf Courses. Golf course operations proposed in or adjacent to a critical aquifer recharge area shall be subject to a golf course maintenance plan using best management practices to protect groundwater quality. The plan shall detail the proposed use of fertilizers, herbicides, pesticides, fungicides, or other maintenance agents, with projected application methods, schedules and measures to prevent pollution of groundwater.
G. Commercial Vehicle Repair and Servicing. Commercial 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. Proper capture and treatment of runoff per the current edition of the King County Surface Water Design Manual, or as revised, should occur prior to discharge either off site or into infiltration systems.
H. The uses listed in the table below shall be conditioned in accordance with the applicable state and federal regulations as necessary to protect critical aquifer recharge areas:
|
Statutes, Regulations, and Guidance Pertaining to Groundwater |
|
|---|---|
|
Activity |
Statute – Regulation – Guidance |
|
Aboveground Storage Tanks |
WAC 173-303-640 |
|
Animal Feedlots |
|
|
Automobile Washers |
Chapter 173-216 WAC, Best Management Practices for Vehicle and Equipment Discharges (WDOE WQ-R-95-56) |
|
Chemical Treatment Storage and Disposal Facilities |
WAC 173-303-182 |
|
Hazardous Waste Generator (Boat Repair Shops, Biological Research Facility, Dry Cleaners, Furniture Stripping, Motor Vehicle Service Garages, Photographic Processing, Printing and Publishing Shops, etc.) |
Chapter 173-303 WAC |
|
Injection Wells |
|
|
Junk Yards and Salvage Yards |
Chapter 173-304 WAC, Best Management Practices to Prevent Stormwater Pollution at Vehicles Recycler Facilities (WDOE 94-146) |
|
Oil and Gas Drilling |
WAC 332-12-450, Chapter 173-218 WAC |
|
On-Site Sewage Systems (Large Scale) |
Chapter 173-240 WAC |
|
On-Site Sewage Systems (< 14,500 gal/day) |
Chapter 246-272 WAC, Local Health Ordinances |
|
Pesticide Storage and Use |
|
|
Sawmills |
Chapter 173-303 WAC, Chapter 173-304 WAC, Best Management Practices to Prevent Stormwater Pollution at Log Yards (WDOE 95-53) |
|
Solid Waste Handling and Recycling Facilities |
Chapter 173-304 WAC |
|
Surface Mining |
WAC 332-18-015 |
|
Underground Storage Tanks |
Chapter 173-360 WAC |
|
Wastewater Application to Land Surface |
Chapter 173-216 WAC, Chapter 173-200 WAC, WDOE Land Application Guidelines, Best Management Practices for Irrigated Agriculture |
|
Class A Biosolids |
Ecology Publication Number 05-07-008, February 2005 |
(Ord. 1809 § 3, 2024; Ord. 1688 § 3 (Exh. C (part)), 2019: Ord. 1243 Exh. B (part), 2006).