Chapter 13.10
CRITICAL AREAS—CRITICAL AQUIFER RECHARGE AREAS
Sections:
13.10.010 Purpose, goals and policies.
13.10.020 Critical aquifer recharge areas designation.
13.10.030 Critical aquifer recharge areas susceptibility ratings.
13.10.040 Mapping of critical aquifer recharge areas.
13.10.050 Activities allowed in critical aquifer recharge areas without a critical areas report.
13.10.060 Critical area report—Additional requirements for critical aquifer recharge areas.
13.10.070 Performance standards—General requirements.
13.10.080 Performance standards—Specific uses.
13.10.090 Prohibited uses and activities.
13.10.010 Purpose, goals and policies.
(a) Purpose. It is the intent of the city to promote public health and safety by acknowledging the importance of preserving critical aquifer recharge areas (CARAs). These areas serve the vital function of replenishing ground water resources which, in Eastern Washington, account for a major share of the water for irrigation, municipal, industrial and domestic uses. Potable water is an essential life-sustaining element. Much of Washington’s water comes from ground water supplies. Preventing contamination is necessary to avoid exorbitant costs, hardships and potential physical harm to people. In order to protect the public health and safety, prevent degradation of ground water now, and for potentially usable potable water, and to provide for regulations that prevent and control risks of degradation of ground water quality and quantity, future development in critical aquifer recharge areas shall be subject to the standards described in this section.
(b) Goals and Policies. The following reflect the goals and policies of the community:
(1) Goal. The city seeks to protect the public health, safety and welfare of its residents by protecting the functions and values of critical aquifer recharge areas and protecting the quality and quantity of ground water used for public water supplies.
(2) Policies.
(A) As data becomes available, identify, map and maintain critical aquifer recharge areas, both in the city limits and the surrounding planning area.
(B) Prohibit landfills, detrimental underground injection wells, mining, wood treatment facilities, and the storage, processing, or disposal of radioactive substances within a designated critical aquifer recharge area.
(C) Require performance standards to regulate the placement, storage, generation, and/or disposal of hazardous materials, including fuel, within a designated critical aquifer recharge area.
(D) The city will support and encourage the Washington State Department of Ecology efforts to enforce the decommissioning requirements for unused wells. (Ord. 1551 § 2 (part), 2020: Ord. 1505 § 2 (part), 2018).
13.10.020 Critical aquifer recharge areas designation.
Critical aquifer recharge areas (CARAs) are those areas with a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(4)(b). CARAs have prevailing geographic conditions associated with infiltration rates that create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water. These areas include the following:
(a) Wellhead Protection Areas. Wellhead protection areas are defined by the boundaries of the ten-year time of ground water travel or boundaries established using alternate criteria approved by the Washington State Department of Health in those settings where ground water time of travel is not a reasonable delineation criterion, in accordance with WAC 246-290-135.
(b) Sole Source Aquifers. Sole source aquifers are areas that have been designated by the U.S. Environmental Protection Agency pursuant to the Federal Safe Drinking Water Act.
(c) Susceptible Ground Water Management Areas. Susceptible ground water management areas are areas that have been designated as moderately or highly vulnerable or susceptible in an adopted ground water management program developed pursuant to Chapter 173-100 WAC.
(d) Moderately or Highly Vulnerable Aquifer Recharge Areas. Aquifer recharge areas that are moderately or highly vulnerable to degradation or depletion because of hydrogeologic characteristics are those areas delineated by a hydrogeologic study prepared in accordance with the State Department of Ecology guidelines (Ecology Publication No. 96-02).
(e) Moderately or Highly Susceptible Aquifer Recharge Areas. Aquifer recharge areas moderately or highly susceptible to degradation or depletion because of hydrogeologic characteristics are those areas meeting the criteria established by the State Department of Ecology. (Ord. 1551 § 2 (part), 2020: Ord. 1505 § 2 (part), 2018).
13.10.030 Critical aquifer recharge areas susceptibility ratings.
Critical aquifer recharge areas shall be rated as having high, moderate, or low susceptibility based on soil permeability, geologic matrix, infiltration and depth to water as determined by the criteria established by the State Department of Ecology (Ecology Publication No. 05-10-028). (Ord. 1551 § 2 (part), 2020: Ord. 1505 § 2 (part), 2018).
13.10.040 Mapping of critical aquifer recharge areas.
If additional critical aquifer recharge areas are identified in the future, the city will add their approximate location and extent to the adopted critical areas map. (Ord. 1551 § 2 (part), 2020: Ord. 1505 § 2 (part), 2018).
13.10.050 Activities allowed in critical aquifer recharge areas without a critical areas report.
In addition to the allowed uses set forth in Section 13.08.050, the following activities are allowed in critical aquifer recharge areas and do not require submission of a critical areas report:
(a) Construction of structures and improvements, including additions, resulting in less than five percent or two thousand five hundred square feet, whichever is greater, total site impervious surface area that does not result in a change of use or increase the use of a hazardous substance.
(b) Development and improvement of parks, recreation facilities, open space or conservation areas resulting in less than five percent total site impervious surface area that do not increase the use of a hazardous substance.
(c) On-site domestic septic systems releasing less than fourteen thousand five hundred gallons of effluent per day and that are limited to a maximum density of one system per acre.
(d) Subdivisions and associated construction, when connected to city sewer.
(e) Commercial and industrial development that does not use hazardous materials or generate hazardous waste or have other impacts on ground water. (Ord. 1551 § 2 (part), 2020: Ord. 1505 § 2 (part), 2018).
13.10.060 Critical area report—Additional requirements for critical aquifer recharge areas.
A hydrogeological report may be required in those areas identified as highly susceptible or vulnerable.
In addition to the general critical area report requirements of Section 13.08.100, critical area reports for critical aquifer recharge areas must meet the requirements of this section. Critical area reports for two or more types of critical areas must meet the report requirements for each relevant type of critical area.
(a) Prepared by a Qualified Professional. A critical aquifer recharge area critical areas report 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 hydrogeologic assessments.
(b) Hydrogeologic Assessment Required. For all proposed activities to be located in a critical aquifer recharge area, a critical area report shall contain a level one hydrogeological assessment. A level two hydrogeologic assessment shall be required for any of the following proposed activities:
(1) Activities that result in five percent or more impervious site area;
(2) Activities that divert, alter, or reduce the flow of surface or ground waters, or otherwise reduce the recharging of the aquifer;
(3) The use of hazardous substances, other than household chemicals used according to the directions specified on the packaging for domestic applications;
(4) The use of injection wells, including on-site septic systems, except those domestic septic systems releasing less than fourteen thousand five hundred gallons of effluent per day and that are limited to a maximum density of one system per acre; or
(5) Any other activity determined by the director as likely to have an adverse impact on ground water quality or quantity or in the recharge of an aquifer.
(c) Level One Hydrogeologic Assessment. A level one hydrogeologic assessment shall include the following site- and proposal-related information at a minimum:
(1) Available information regarding geologic or hydrogeologic characteristics of the site including the surface location of all critical aquifer recharge areas located on site or immediately adjacent to the site, and permeability of the unsaturated zone;
(2) Ground water depth, flow direction and gradient based on available information;
(3) Currently available data on wells and springs within one thousand three hundred feet of the project area;
(4) Location of other critical areas, including surface waters, within one thousand three hundred feet of the project area;
(5) Available historic water quality data for the area to be affected by the proposed activity; and
(6) Best management practices proposed to be utilized.
(d) Level Two Hydrogeologic Assessment. A level two hydrogeologic assessment shall include the following site- and proposal-related information at a minimum, in addition to the requirements for a level one hydrogeological assessment:
(1) Historic ground water quality data for the area to be affected by the proposed activity compiled for at least the previous five-year period;
(2) Ground water monitoring plan provisions;
(3) Discussion of the effects of the proposed project on the ground water quality and quantity, including:
(A) Predictive evaluation of ground water withdrawal effects on nearby surface wells and surface water features; and
(B) Predictive evaluation of contaminant transport based on potential releases to ground water; and
(4) A spill plan that identifies equipment and/or structures that could fail, resulting in an impact. Spill plans shall include provisions for regular inspection, repair and replacement of structures and equipment that could fail. (Ord. 1551 § 2 (part), 2020: Ord. 1505 § 2 (part), 2018).
13.10.070 Performance standards—General requirements.
(a) Activities may only be permitted in a critical aquifer recharge area if the applicant can show that the proposed activity will not cause contaminants to enter the aquifer and that the proposed activity will not adversely affect the recharging of the aquifer.
(b) 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 and the city of Othello wellhead protection program and Source Water Protection Plan.
(c) The proposed activity must be designed and constructed in accordance with the locally adopted surface water management or water quality regulations, including the Othello comprehensive plan.
(d) Stormwater control measures for all projects must be in compliance with the most recent version of the Stormwater Management Manual for Eastern Washington (Ecology Publication No. 18-10-044).
(e) All projects shall submit a list, including quantities, of all hazardous materials proposed to be used and/or stored on site. Performance standards may be required, depending on the nature of the hazardous material(s) and the susceptibility and vulnerability of the area. (Ord. 1551 § 2 (part), 2020: Ord. 1505 § 2 (part), 2018).
13.10.080 Performance standards—Specific uses.
(a) The following listed specific uses, when allowed within a designated critical aquifer recharge area, must meet the listed requirements.
(b) Storage Tanks. All storage tanks must comply with local building code requirements and must conform to the following requirements:
(1) Underground Tanks. All new underground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes and/or petroleum storage shall be fabricated, designed, constructed, installed and used so as to:
(A) Prevent releases due to corrosion or structural failure for the operational life of the tank;
(B) Be protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed to include a secondary containment system to prevent the release or threatened release of any stored substances; and
(C) Use material in the construction or lining of the tank that is compatible with the substance to be stored.
(2) Aboveground Tanks. All new aboveground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes and/or petroleum storage shall be fabricated, designed, constructed, installed and used so as to:
(A) Not allow the release of a hazardous substance to the ground, ground waters, or surface waters;
(B) Have a primary containment area enclosing or underlying the tank or part thereof;
(C) Provide either a secondary containment system built into the tank structure or a secondary containment dike system built outside the tank for all tanks. However, propane and heating oil tanks are exempt from secondary containment system requirements; and
(D) Be consistent with the Department of Ecology’s standards for construction and installation (WAC 173-350-330).
(c) Vehicle Repair and Servicing.
(1) 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.
(2) No dry wells, also known as underground injection control (UIC) wells, shall be allowed in designated critical aquifer recharge areas on sites used for vehicle repair and servicing. Dry wells (UICs) existing on the site prior to facility establishment must be abandoned using techniques approved by the State Department of Ecology (Chapter 173-218 WAC) prior to commencement of the proposed activity.
(d) Residential Use of Pesticides and Nutrients. Application of household pesticides, herbicides and fertilizers shall not exceed times and rates specified in the packaging.
(e) Use of Reclaimed Water for Surface Percolation or Direct Recharge or Injection. Water reuse projects for reclaimed water must be in accordance with the adopted water or sewer plans that have been approved by, as appropriate, the State Departments of Ecology and Health, in accordance with Ecology Publication No. 15-10-024.
(1) Use of reclaimed water for surface percolation must meet the ground water recharge criteria given in RCW 90.46.080(1) and 90.46.010(10). The State Department of Ecology may establish additional discharge limits in accordance with RCW 90.48.080.
(2) Direct injection must be in accordance with the standards set forth in Chapter 173-219 WAC.
(f) Agricultural and landscaping activities, specifically use of fertilizers, herbicides and pesticides in highly susceptible areas, shall be controlled through Department of Agriculture standards.
(g) State and Federal Regulations. The uses listed below shall be conditioned as necessary to protect critical aquifer recharge areas in accordance with the applicable state and federal regulations.
|
Activity |
Statute—Regulation—Guidance |
|---|---|
|
Aboveground Storage Tanks |
WAC 173-303-640 |
|
Automobile Washers |
Chapter 173-216 WAC |
|
Below Ground Storage Tanks |
Chapter 173-360A WAC |
|
Chemical Treatment Storage and Disposal Facilities |
WAC 173-303-282 |
|
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 |
|
Junk Yards and Salvage Yards |
Chapter 173-304 WAC; Vehicle and Metal Recyclers: A Guide for Implementing the Industrial Stormwater General National Pollutant Discharge Elimination System Permit Requirements (Washington State Department of Ecology 94-146, Revised March 2011) |
|
Large On-Site Sewage Systems |
Chapter 246-272B WAC |
|
On-Site Sewage Systems (< 14,500 gallons/day) |
Chapter 246-272A WAC, Local Health Ordinances |
|
Pesticide Storage and Use |
|
|
Solid Waste Handling and Recycling Facilities |
Chapter 173-304 WAC |
|
Wastewater Application to Land Surface |
Chapters 173-216 and 173-200 WAC, Washington State Department of Ecology Land Treatment Guidelines and Groundwater Quality Standards |
(Ord. 1551 § 2 (part), 2020: Ord. 1505 § 2 (part), 2018).
13.10.090 Prohibited uses and activities.
The following activities and uses are prohibited in critical aquifer recharge areas:
(a) Landfills. Landfills, including hazardous waste, municipal solid waste, special waste, wood waste, and inert and demolition waste landfills;
(b) Underground Injection Wells. Class I, III, and IV wells are prohibited; Class V injection wells may be permitted subject to the following:
(1) Class V injection well has been registered with the Washington State Department of Ecology in accordance with Chapter 173-218 WAC and the local department of health, if applicable;
(c) Mining.
(1) Metals and hard rock mining; and
(2) Sand and gravel mining, prohibited from critical aquifer recharge areas determined to be highly susceptible or vulnerable;
(d) Wood Treatment Facilities. Wood treatment facilities, including wood preserving and wood products preserving, that allow any portion of the treatment process to occur over permeable surfaces (both natural and manmade);
(e) Storage, Processing, or Disposal of Radioactive Substances. Facilities that store, process, or dispose of radioactive substances;
(f) Animal feedlots and concentrated animal feeding operations (CAFOs);
(g) Oil and gas drilling; and
(h) Other Prohibited Uses or Activities.
(1) Activities that the city determines would significantly reduce the recharge to aquifers currently or potentially used as a potable water source;
(2) Activities that the city determines would significantly reduce the recharge to aquifers that are a source of significant base flow to a regulated stream; and
(3) Activities that are not connected to an available sanitary sewer system are prohibited from critical aquifer recharge areas associated with sole source aquifers. (Ord. 1551 § 2 (part), 2020: Ord. 1505 § 2 (part), 2018).