Chapter 19.04 CRITICAL AQUIFER RECHARGE AREAS

Chapter 19.04
CRITICAL AQUIFER RECHARGE AREAS

Sections:

19.04.050 CARA – Use-specific standards.

19.04.060 Hydrogeologic reports for critical aquifer recharge areas.

19.04.010 Applicability.

Critical aquifer recharge area (CARA) regulations apply to areas that have a critical recharging effect on aquifers used for drinking water as shown on the county’s CARA mapping available on the internet and to wellhead protection areas mapped and designated by the Washington State Department of Health. (Ord. 2020-03, 2-25-20)

19.04.030 Regulations.

A. Designation and Classification.

1. CARAs are those areas with a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(3). CARAs have prevailing geologic conditions associated with infiltration rates that create a high potential for contamination of groundwater resources or contribute significantly to the replenishment of groundwater. These areas include the following:

a. Wellhead Protection Areas (WHPAs). WHPAs may be defined by the boundaries of the 10-year time of groundwater travel, or boundaries established using alternate criteria approved by the Washington State Department of Health in those settings where groundwater time of travel is not a reasonable delineation criterion, in accordance with WAC 246-290-135.

b. Moderate or Highly Susceptible or Vulnerable Recharge Areas. Aquifer recharge areas that are moderately or highly susceptible or vulnerable to degradation or depletion because of hydrogeologic conditions as delineated by a study prepared in accordance with Washington State Department of Ecology guidelines.

c. Sole Source Aquifers. Sole source aquifers are areas that have been designated by the U.S. Environmental Protection Agency (EPA) pursuant to the Federal Safe Drinking Water Act.

d. Special Protection Areas. Special protection areas are those areas defined by WAC 173-200-090(3).

B. Permitted, Prohibited, and Exempt Uses in CARAs. The activities proposed in Table 19.04-1 require a critical areas review or are prohibited within critical aquifer recharge areas as indicated in the table. Activities not listed in the table are exempt and are not required to undergo critical areas review or obtain a critical areas review. Specific standards for some listed uses are located in Section 19.04.050.

Table 19.04-1. Restricted Uses and Activities within Critical Aquifer Recharge Areas
Restricted Uses and Activities	Within WHPAs	Within CARAs, Outside WHPAs	Applicable Standards
Aboveground tanks and distribution systems	P	P	19.04.050(A)
Asphalt plants/concrete plants	X	P	19.04.050(B)
Biosolid application	P	P	19.04.050(C)
Boat refinishing	P	P
Cemeteries	X	P	19.04.050(D)
Chemical manufacturing/processing, mixing, and remanufacturing	X	P	19.04.050(E)
Chemical storage facilities (not including fuel)	P	P	19.04.050(E)
Chemical/hazardous waste reprocessing and disposal	X	X	19.04.050(K)
Commercial uses that do not use hazardous materials or generate hazardous waste	P	P
Commercial and industrial uses that generate hazardous materials or generate hazardous waste	P	P	19.04.050(E)
Composting facilities (except home composting)	X	P	19.04.050(F)
Dry cleaner facilities	X	P	19.04.050(G)
Electroplating, metal plating	X	P
Fuel dispensing, including gas stations	P	P	19.04.050(H)
Funeral facilities (except crematory facilities)	X	P
(Unattended) Gasoline- and diesel-powered generators	P	P	19.04.050(I)
Golf courses, parks, athletic fields, playgrounds, campgrounds/RV parks, and landscaping more than one acre	P	P	19.04.050(J)
Greenhouses and nurseries – commercial, wholesale, or retail	P		19.04.050(J)
Hazardous materials	P		19.04.050(K)
(New) Hazardous waste transfer and storage facilities, including radioactive wastes as defined in Chapter 43.200 RCW	X	P	19.04.050(E) and (K)
Infiltration of reclaimed water (application to the land’s surface above agronomic rates)	X	X	19.04.050(Q)
Injection wells – Class II (Chapter 173-218 WAC)	X	X
Landfill – demolition (inert), sanitary waste, solid waste, wood waste, and hazardous waste	X	X	19.04.050(E)
Large on-site sewage systems (LOSS)*	P	P	19.04.050(N)
Machine shops, fabricating, metal processing with etchers and chemicals	P	P	19.04.050(E)
Manufacturing – electrical/electronic	P	P	19.04.050(E)
Metal plating	X	P	19.04.050(L)
Mineral extraction – gravel and sand	X	P	19.04.050(M)
Mining – coal and minerals	P	P
Pesticide/fertilizer storage facilities	P	P	19.04.050(E) and (K)
Petroleum products refining and reprocessing	X	P	19.04.050(E)
Pier foundations	P	P	19.04.050(O)
Pipelines – liquid petroleum products or other hazardous liquid transmission	P	P	19.04.050(P)
Railroad yards – cargo transfer areas	P		19.04.050(E)
Reclaimed water	P		19.04.050(Q)
Research laboratories/facilities – chemical or biological	P		19.04.050(E)
Sawmills	X	P	19.04.050(R)
Sewage lift stations	P	P	19.04.050(E)
Solid waste processing, handling, transferring, or recycling	P	P	19.04.050(S)
Stormwater facilities (not including injection wells)	P	P	19.04.050(T)
Taxidermy	P	P	19.04.050(E)
Unattended gas-powered portable generators	P		19.04.050(I)
Underground storage tanks and vaults (residential and hazardous materials)	P		19.04.050(U)
Utility substations	P		19.04.050(E)
Vehicle wrecking/junk/scrap/salvage yards	P		19.04.050(V)
Vehicle and boat repair/service garages/body shops	P		19.04.050(W)
Wastewater treatment or reuse facilities/recycling satellite plant, not including injection/infiltration of reclaimed water	P		19.04.050(E)
Wood products preserving/treating	X	P	19.04.050(X)
All other activities involving the use and handling of hazardous materials or generating hazardous materials by their activities or actions in quantities exceeding the thresholds listed in Section 19.04.050(K)	X	P	19.04.050(K)
Other new and existing uses identified by the county as posing a risk to groundwater quality	P	P

* Permitting is through the Washington State Department of Health. No critical areas review is required.

(Ord. 2020-03, 2-25-20)

19.04.040 CARA – General standards.

The following requirements apply, as applicable, to all uses and activities in Table 19.04-1 that are not prohibited.

A. The administrator shall evaluate hydrogeological reports required pursuant to this chapter to determine the proposed project’s potential impacts to groundwater and surface water. This evaluation shall include, if applicable, evaluation of the project’s potential impact on base flows of streams and the quantity and timing of groundwater flows sustaining wetlands.

B. The uses and activities listed in Table 19.04-1 shall not be allowed in a CARA if the approval authority determines, in consultation with others having expertise or jurisdiction, that the proposed use poses a risk to groundwater quality, consistent with the provisions of this chapter.

C. Best Management Practices. If warranted to protect groundwater, the administrator shall require applicants for new, expanded, and altered uses listed in Table 19.04-1 that require a county critical areas review to use best management practices (BMPs), including all known, available, reasonable treatments, to ensure the highest degree of aquifer protection. In this case, the applicant shall submit a Level 1 hydrogeological report consistent with Section 19.01.060 identifying the appropriate BMPs and describing how they will be employed to prevent degradation of groundwater quality. The report shall be prepared by or under the direction of a qualified person with demonstrated expertise in the industry or field. The report shall include all necessary technical data, drawings, calculations, and other information to describe the proposed application of BMPs. If necessary, the administrator will review the report with technical experts at the applicant’s expense.

D. Mitigation of Impacts.

1. The administrator may condition the approval of a proposed use or activity if it is determined to be warranted in order to protect groundwater quality, maintain stream flows and temperatures sufficient to sustain anadromous and native fish, and maintain the volume and timing of groundwater flows sustaining wetlands and dependent plants and wildlife.

2. The administrator may deny proposed wells or require mitigative measures (e.g., methods of prevention and control) for any use as necessary to preserve adequate groundwater quality and quantity for existing users of the aquifer that do not have an alternative water source. This subsection shall not affect any right to use or appropriate water under state or federal law.

E. Decommissioning Underground Tanks. Underground storage tanks storing hazardous materials in the one-year time of travel zone for CARAs that do not meet current state standards (Chapter 173-360 WAC and the International Fire Code (IFC)) shall be decommissioned or removed consistent with applicable regulations within one year of being notified by the administrator, unless specified otherwise.

F. Expansion of Existing Uses in CARAs.

1. Existing uses prohibited by Table 19.04-1 in CARAs shall not be expanded unless the applicant demonstrates that all equipment/facilities involving hazardous materials will be brought into compliance with current standards and therefore pose less risk of groundwater contamination than the existing use.

2. Applicants for any proposed expansion of an existing allowable use in CARAs (see Table 19.04-1) that uses, stores, handles, or disposes of hazardous materials above the minimum quantities referenced in Section 19.01.050(K)(2) shall submit a BMP report, consistent with subsection (C) of this section and Section 19.01.060, and a hazardous materials management plan for county review and approval. The administrator will review the submitted materials and determine whether the proposed expansion shall be approved, denied, or approved with conditions, as necessary, to ensure adequate groundwater protection.

G. A development proposal will be considered unacceptable if a hydrogeological report indicates that a groundwater maximum contaminant level will be violated because of proposed development.

H. A development proposal will be considered unacceptable if a hydrogeological report concludes that it will reduce the assimilative capacity of the aquifer by more than ten percent for a contaminant of concern.

I. Known spills, leakage, or other release of hazardous materials shall be remediated as determined by the administrator. Unless otherwise specified, remediation activities shall begin within ninety days of discovery of release. (Ord. 2020-03, 2-25-20)

19.04.050 CARA – Use-specific standards.

A. Aboveground Tanks and Distributions Systems. Aboveground tanks and associated distribution systems for the storage or conveyance of hazardous materials, sewage sludge, fertilizers, or other chemical or biological substances defined as hazardous or dangerous waste in Chapter 173-303 WAC are subject to the following:

1. Compliance with State and County Requirements. New aboveground tanks and distribution systems must comply with Chapters 173-303 and 173-360 WAC and the IFC.

2. Secondary Containment. New aboveground tanks and distribution systems that will contain a hazardous material shall either be double walled or have a separate, impervious secondary containment system constructed around and under the tank/distribution system. The containment system shall be covered or otherwise designed so it does not collect precipitation or stormwater runoff. Secondary containment systems shall be sized to hold at least one hundred ten percent of the largest tank’s capacity and shall be designed and constructed with materials that are compatible with the substance to be stored in the tank.

3. Leak Detection. Leak detection devices shall be required for all double-walled tanks and, when possible, for other tanks.

4. Waiver. The administrator may grant a waiver from one or more of the above requirements upon finding that the proposed aboveground storage facility would not create a risk to groundwater quality.

5. Residential aboveground storage tanks and vaults are regulated by the IFC.

B. Asphalt Plants/Concrete Plants.

1. Applicants for asphalt plants or concrete plants shall submit the following, in addition to other material required by this chapter: (1) the location of wells and wellhead protection areas within one mile downgradient of the proposed area to be disturbed; and (2) a characterization of the proposed activity, including a description of the industrial process, storage of materials, and discharge of water.

2. All process water from production, pouring, and equipment cleaning activities shall be discharged to a sump or a recycling system. Process water treatment or materials shall use the least toxic products and raw materials available.

3. The applicant shall submit a hazardous waste management plan.

4. The administrator may require monitoring wells to the extent necessary to determine if pollution associated with the permitted activity is occurring, periodic monitoring, and remedial action if the monitoring reveals that groundwater contamination is occurring.

C. Biosolid Application. Biosolid application and uses shall be regulated by the Washington Department of Ecology (Ecology) and meet all applicable federal and state standards, including Chapter 173-308 WAC.

D. Cemeteries. Applicants for a cemetery shall submit a hydrogeological report evaluating the risk the proposed cemetery poses to groundwater and surface water. The administrator may condition the project as necessary to protect groundwater quality. The administrator shall deny the proposed cemetery if it is determined that it would likely contaminate potable groundwater supplies.

E. Commercial and Industrial Uses – General Standards. Commercial and industrial uses and activities are allowed in CARAs subject to the following standards, as applicable:

1. Where floor drains are allowed, any floor drains in areas where hazardous materials are used, stored, or otherwise present shall have a removable lip or barrier that will prevent spilled hazardous material from entering the drain. The administrator may require that a sump or other device be used to ensure that hazardous material does not drain to the soil, sewage disposal system, or a water body.

2. Areas where hazardous materials are used or stored shall not drain to the soil, a stormwater system, water body, or a sewage disposal system. The administrator may require that a sump or other device, as appropriate to address the contaminants of concern, be used to ensure protection of groundwater quality.

3. All vehicle and equipment washing must be done in a self-contained area (e.g., with recycling system) designed to ensure that hazardous materials do not reach the soil, a water body, or a sewage disposal system. Water used in wash down areas shall be treated to remove contaminants prior to discharge (see Chapter 173-216 WAC and Vehicle and Equipment Washwater Discharges/Best Management Practices Manual, Ecology Publication No. 95-056, as amended).

4. An integrated pest management plan shall be drafted. The plan shall be implemented upon approval by the administrator. The county may periodically verify compliance with the approved plan.

5. All new commercial and industrial land uses that involve the use, handling, storage, disposal, or transportation of hazardous materials or dangerous/extremely dangerous wastes, as defined in Chapter 173-303 WAC, shall be required to prevent contact between the aforementioned materials and stormwater. This requirement may not apply to materials applied in an outdoor setting as part of an approved activity’s landscaping maintenance plan. This includes, but is not limited to, gas stations, fuel distributors, car/truck washes, trucking companies, asphalt plants and paint shops. The generation of hazardous materials or dangerous waste is separated into two categories:

a. A small quantity generator can generate up to two hundred twenty pounds of dangerous waste or up to 2.2 pounds of certain pesticides or poisons each month. Small quantity generators can accumulate up to two thousand two hundred pounds of dangerous waste or 2.2 pounds of certain pesticides or poisons at their site before sending the waste off site for proper disposal or recycling.

b. Businesses that generate more than two hundred twenty pounds of hazardous wastes during any month must comply with the Washington State Dangerous Waste Regulations, Chapter 173-303 WAC.

6. The applicant shall demonstrate that the proposed use or activity will not cause degradation of groundwater quality exceeding the standards described in Chapter 173-200 WAC (Water Quality Standards of the State of Washington) and comply with all other applicable local, state, and federal regulations.

7. The administrator may require (a) that the applicant install monitoring wells, to the extent necessary to determine if pollution is occurring; (b) periodic monitoring at specified intervals; and (c) remedial action if the monitoring reveals that groundwater contamination is occurring.

8. The administrator may require additional protective measures if necessary to protect surface and groundwater quality, including but not limited to BMPs, devices, or methods to provide a high level of nutrient removal from stormwater.

F. Composting Facilities (Except Home Composting).

1. Composting shall be conducted in compliance with WAC 173-350-220, when applicable.

2. Home composting shall be exempt from the requirements of this title if conducted in a manner such that there is no evidence of vectors that affect neighboring property.

G. Dry Cleaner Facilities. When permitted by the administrator, dry cleaner facilities shall follow BMPs and control technologies for pollution prevention as described by Ecology, the EPA, or as otherwise required by state or federal law.

H. Fuel Dispensing Including Gas Stations. Sites where fuel is dispensed shall be designed to contain fuel spills on site without contaminating stormwater systems, sewage disposal systems, soil or water. This can be accomplished, for example, by installing a roof structure that shields the fueling area from precipitation and sloping the area surrounding the fuel pumps toward a sump with capacity for at least one hundred gallons of fuel or by surrounding the covered fueling area with a shallow curb that provides capacity for at least one hundred gallons of fuel. The storage capacity for the containment method may be adjusted by the administrator, depending on the scale of the fuel dispensing facility.

I. (Unattended) Gasoline- and Diesel-Powered Generators. Gasoline- and diesel-powered backup generators in a CARA shall be placed in a secondary containment device, consistent with subsection (A)(2) of this section, such that a fuel spill or leak will not reach the soil or a water body unless the site where the generator will be operated contains a full-time residence or is occupied a minimum of eight hours per day, five days a week by trained employees associated with the facility.

J. Greenhouses and Nurseries – Commercial, Wholesale, or Retail. Wholesale and retail greenhouses and nurseries shall apply any fertilizers at an agronomic rate in accordance with the timing and amount of crop demand for nitrate, unless the administrator determines that a lower rate of application is appropriate to protect surface and groundwater quality.

K. Hazardous Materials.

1. Hazardous materials shall be used, handled, stored, and disposed of in accordance with the standards contained in this section, IFC, and applicable state law (see Chapter 70.105 RCW and Chapter 173-303 WAC).

2. Operators of new and existing uses and activities that involve the use, handling, storage or generation of hazardous materials exceeding thresholds specified in the IFC (2009), as amended, shall submit for county review and approval a hazardous materials management plan that demonstrates that the use or activity will not have an adverse impact on groundwater quality. Notwithstanding the requirements of the IFC, if the administrator determines that the proposed use or activity poses a risk to groundwater, they shall require submission of a hazardous materials management plan to protect groundwater quality. Approved hazardous materials management plans shall be implemented.

3. Persons that possess liquid, soluble, or leachable hazardous materials shall contain such materials and the entire distribution system in a secondary containment device or system that will effectively prevent discharge on site. Secondary containment may be achieved in a variety of ways, including but not limited to use of sloping floors that provide capacity to contain spills or installation of a curb around the perimeter of the structure (see Chapters 15.54 and 17.21 RCW regarding pesticide storage).

L. Metal Plating.

1. When permitted by the administrator, metal plating operations shall be consistent with standards established in subsections (E) and (K) of this section and shall follow BMPs and control technologies for pollution prevention as described by Ecology, the EPA, or as otherwise required by state or federal law.

M. Mineral Extraction – Gravel and Sand.

1. In addition to other stormwater mitigation requirements, stormwater from the portion of the site where hazardous materials are stored and/or where fueling of equipment occurs shall be directed away from the pit.

2. Gravel mining shall not occur in locations where the administrator determines, based on a hydrogeologic report, that proposed mining would likely diminish the volume of water in springs or shallow wells such that it would no longer meet the needs of dependent users, or would influence water quality, quantity, temperature, or turbidity so it would no longer be suitable for drinking. As an alternative to project denial, the applicant may, with the consent of the affected property owner, mitigate such impacts by providing the affected residents with a deeper well or a connection to an alternative water system.

3. Mines shall be prohibited in areas with existing contamination that, if it were disturbed or exposed, could impair water quality, including water temperature, unless the applicant demonstrates that the proposed mining operation would be conducted in a manner that would not jeopardize ground and surface water quality. The administrator may require a hydrogeologic report and soil testing and downgradient water testing for suspected toxic chemicals on the site.

4. Mining is not allowed in wellhead protection areas.

5. Redevelopment. The administrator shall give protection of groundwater the highest priority when considering proposed land uses at former gravel mine sites. The administrator shall require that a note be filed with the title of the subject property at the time of mine approval, indicating that use of the property subsequent to mine closure will be limited, as the county determines necessary, to protect groundwater quality, consistent with the provisions of this section. In addition, gates and fencing shall be required at mine access points along public and private roads to prevent dumping.

N. On-Site Sewage Disposal.

1. Small on-site septic systems (SOSS) are allowed within a CARA subject to compliance with applicable county and state regulations (see Chapter 246-272A WAC; the on-site sewage systems regulations of the Washington State Board of Health; Chapter 173-200 WAC, Water Quality Standards for Groundwaters of the State of Washington; and county septic system regulations contained in Chapter 8.84).

2. The Washington State Department of Health is the permit authority for larger on-site sewage systems (LOSS). Review of a proposed LOSS and the circumstances in which a hydrogeologic report is required shall be in accordance with Chapter 246-272B WAC.

3. Critical areas reviews are not required for on-site septic systems.

O. Pier Foundations. Pier foundations that would extend more than twenty feet below the ground’s surface that are proposed to be located within two hundred feet of a well in a CARA shall be subject to review and approval by the administrator. In the event the administrator determines that the proposed foundation will pose a risk to the affected well’s water quality, they may require that the proposed foundation be relocated; replaced with a shallow mat foundation, if feasible; or require other mitigation measures.

P. Pipelines. Applicants for pipelines that carry oil, gas, diesel, kerosene, or any other liquid hazardous material shall identify spill prevention measures and submit a spill response plan that prioritizes response based on the susceptibility of the aquifer to contamination and its importance as a potable water supply, consistent with federal and state law. The administrator shall require mitigative measures as necessary to minimize the risk of groundwater contamination.

Q. Reclaimed Water. Irrigation with Class A reclaimed water at agronomic rates is permitted in all CARAs, subject to Section 19.04.040.

R. Sawmills. See Chapters 173-303 and 173-350 WAC and the Industrial Stormwater General Permit Implementation Manual for Log Yards, Ecology Publication No. 95-053, as amended.

S. Solid Waste Processing, Handling, Transferring, or Recycling. The processing, handling, transferring, and recycling of solid waste shall be consistent with applicable provisions of Chapter 173-350 WAC and subsection (E) of this section.

T. Stormwater Facilities (Not Including Injection Wells). See subsection (E)(6) of this section regarding stormwater management for commercial and industrial sites and Title 24 regarding erosion and sedimentation control.

U. Underground Storage Tanks and Vaults (Residential and Hazardous Materials).

1. Residential underground storage tanks and vaults are regulated by the IFC.

2. Underground tanks and vaults for the storage of hazardous materials, fertilizers, or hazardous/dangerous waste, as defined in Chapter 173-303 WAC, are allowed in a CARA only if they are designed and constructed consistent with state regulations (see Chapter 173-360 WAC) and the IFC to:

a. Prevent releases to the ground, groundwater, and surface water due to corrosion, structural failure, or seismic activity for the operational life of the tank or vault (see the IFC);

b. Be protected against corrosion, constructed of noncorrosive material, or steel clad with a noncorrosive material, or contained in a secondary containment system to prevent the release of any stored substance;

c. Be composed of or lined with material that is compatible with the substance to be stored;

d. Prevent releases to the ground, groundwater, and surface water due to spillage. The opening for filling the tank shall be surrounded with impermeable material designed and sized to prevent spilled hazardous material from reaching the soil, groundwater, or surface water; and

e. Provide leak detection that meets state standards.

3. The applicant shall submit design and as-built drawings of the facilities and keep records of required testing consistent with state law.

V. Vehicle Wrecking/Junk/Scrap/Salvage Yards.

1. Vehicle wrecking yards shall conduct operations consistent with subsection (E) of this section.

2. The administrator may require submission and implementation of a monitoring program to ensure that the operation is in compliance with all conditions of county approval.

3. The administrator may require monitoring wells, to the extent necessary to determine if pollution is occurring; periodic monitoring; and remedial action if the monitoring reveals that groundwater contamination is occurring.

W. Vehicle Repair and Servicing/Body Shops.

1. Vehicle repair/servicing shall be performed over an impermeable surface under cover from the weather.

2. Dry wells shall not be permitted in conjunction with such uses.

3. Use and storage of hazardous materials shall be consistent with standards established in subsection (E) of this section.

4. The administrator shall require that new hydraulic hoists be located in a vault to ensure that any leaks from such equipment are contained.

X. Wood Products Preserving and Treating. Wood products preserving and treating shall comply with subsections (E) and (K) of this section and the following:

1. Wood products preserving, treating, drying, and storage shall be conducted on an impermeable surface, consistent with the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.

2. The administrator shall require submittal of a monitoring plan for commercial/industrial wood products preserving and treating operations to ensure that the operation is in compliance with all applicable local, state, and federal regulations pertaining to groundwater protection and any conditions of approval applied by the county. Remedial action shall be required if the monitoring reveals that groundwater contamination is occurring. (Ord. 2020-03, 2-25-20)

19.04.060 Hydrogeologic reports for critical aquifer recharge areas.

A. All development proposed in a CARA that is a permitted activity as listed in Table 19.04-1 shall complete a Level 1 hydrogeologic report prepared by a qualified professional who is a licensed geologist in Washington State holding a current specialty license in hydrogeology. The report shall contain the following information:

1. Areas determined to be moderately or highly vulnerable or susceptible to degradation or depletion because of hydrogeologic characteristics should be identified.

2. Identify appropriate BMPs and show how they will prevent degradation of groundwater.

3. Identify how the applicant will follow the requirements of Chapter 173-303 WAC, Dangerous Waste Regulations, in the event hazardous material is released onto the ground or into groundwater.

4. How local, state, and federal regulations regarding groundwater protection have been met.

5. Site-specific hydrogeologic information to support a conclusion of no degradation to groundwater. Hydrogeologic information is available from existing U.S. Geological Survey reports and the U.S. Department of Agriculture Natural Resources Conservation Service (Soil Survey of Skamania County, Washington, 1990).

B. If an applicant wants to avoid implementation of applicable BMPs, the applicant must submit a Level 2 hydrogeologic report prepared by a qualified professional and develop and implement a monitoring program that demonstrates how the applicant will prevent degradation to groundwater. The applicant must also meet existing local, state, and federal laws and regulations. The monitoring program shall provide for quarterly reports and may require periodic changes based on the monitoring results, new technology, and/or BMPs. The Level 2 hydrogeologic report shall contain the following:

1. An evaluation determining whether the proposed activity will have any adverse impacts on groundwater in CARAs, based upon the requirements of the Safe Drinking Water Act and the Wellhead Protection Area Program, pursuant to Chapter 246-290 WAC, Public Water Supplies; Chapter 173-200 WAC, Water Quality Standards for Groundwaters of the State of Washington; and Chapter 173-303 WAC, Dangerous Waste Regulations;

2. Identification of the proposed development plan, along with potential adverse impacts to water quality (e.g., on-site septic systems and other on-site activities) that may adversely impact groundwater quality underlying or downgradient of the project or project area;

3. Illustration at an appropriate scale (no less than one inch to two hundred feet) showing the location of abandoned and active wells, springs, and surface water bodies within one thousand feet of the project or project area; and

4. Description of the geologic and hydrologic characteristics of the subject property, including the following: (a) lithologic characteristics and stratigraphic relationships; (b) aquifer characteristics, including recharge and discharge areas, depth to and static water-flow patterns, and an estimate of groundwater-flow velocity; (c) contaminant fate and transport, including probable migration pathways and travel time of a potential contaminant release from the site through the unsaturated zone to the aquifer(s) and through the aquifer(s), and how the contaminant(s) may be attenuated within the unsaturated zone and the aquifer(s); (d) appropriate hydrogeologic cross sections that depict lithology, stratigraphy, aquifer, units, potential or probable contaminant pathways from a chemical release, and rate of groundwater flow; and (e) existing groundwater quality, a proposal for monitoring groundwater to detect changes, and the corrective actions that will be taken if monitoring results indicate contaminants from the site have entered the underlying aquifer(s).

C. Level 1 and 2 reports will be reviewed by the administrator, who may consult with other agencies or hire consultants in conjunction with the same process as the primary development permit. If approved, the applicant will receive a permit allowing the activity on the subject property. (Ord. 2020-03, 2-25-20)