Chapter 16.24
AQUIFER PROTECTION STANDARDS
Sections:
16.24.015 Relationship to shoreline master program.
16.24.050 Aquifer protection standards.
16.24.055 Reasonable use exception for aquifer protection areas.
16.24.060 Violation – Penalty.
16.24.010 Short title.
This chapter shall be known and may be cited as the “aquifer protection standards ordinance” of the city of Tumwater.
(Ord. 1281, Added, 08/20/1991)
16.24.015 Relationship to shoreline master program.
If there are any conflicts between the shoreline master program and the aquifer protection standards which apply in shoreline jurisdiction, the requirements of the shoreline master program apply.
(Ord. O2012-005, Added, 03/18/2014)
16.24.020 Intent.
It is the declared policy of the city of Tumwater to conserve and protect the underground waters and aquifers over which the city rests, and which are particularly susceptible to contamination due to local geologic conditions. Any development which occurs within the city will be designed to eliminate chemical and biological contaminants from entering underground waters and aquifers which are now, or in the future, likely to be used as a potable drinking water source.
(Ord. O2019-001, Amended, 05/21/2019; Ord. 1281, Added, 08/20/1991)
16.24.030 Definitions.
A. “Aquifer” means a saturated geologic formation which will yield a sufficient quantity of water to serve as a private or public water supply.
B. “Contaminant” means any chemical, physical, biological, or radiological substance that does not occur naturally in groundwater in the northern Thurston County groundwater management area (GWMA), or, if naturally occurring, has been found to exist at concentrations greater than those naturally occurring in the GWMA.
C. “Critical aquifer recharge areas (CARAs)” means those areas with a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030. CARAs include:
1. Those areas that 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.
2. Wellhead protection areas defined by the boundaries of the ten-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.
3. Those critical aquifer recharge areas delineated by a hydrogeologic study prepared in accordance with the Washington State Department of Ecology guidelines.
4. Susceptible groundwater management areas as designated pursuant to Chapter 173-100 WAC.
5. Special protection areas as defined by WAC 173-200-090.
6. Those aquifer recharge areas meeting the criteria for susceptibility or vulnerability established by the Washington State Department of Ecology.
7. Sole source aquifers as designated by the U.S. Environmental Protection Agency under the Sole Source Aquifer Protection Plan authorized by Section 1424(e) of the Safe Drinking Water Act of 1974.
D. “Facility” means all structures, contiguous land, appurtenances, and other improvements on or in the land.
E. “Groundwater” means all water found beneath the ground surface, including the slowly moving subsurface water present in aquifers and vadose zones.
F. “Hazardous material” means anything defined as a hazardous substance in Chapter 173-303 WAC or as a hazardous material under the International Fire Code as adopted by TMC Chapter 15.16. Hazardous materials are generally chemicals, substances, debris, and waste which are a physical or health hazard and exhibit one or more hazardous characteristics such as ignitability, corrosivity, reactivity, persistence, or toxicity.
G. “High risk facility” means any facility that uses, stores, handles, or disposes of hazardous materials and/or substances containing “P” or “U” listed chemicals or “F” or “K” listed wastes as defined in Chapter 173-303 WAC, or that may reasonably be expected to pose a high risk to groundwater due to the type and/or volume of the materials present on site at any given time.
H. “Release” means any intentional or unintentional entry of any hazardous material into the environment.
I. “Release detection” means a method or methods of determining whether a release or discharge of a hazardous substance has occurred from a regulated facility into the environment.
(Ord. O2019-001, Amended, 05/21/2019; Ord. 1281, Added, 08/20/1991)
16.24.040 Approval required.
No person, corporation, or other legal entity shall construct or use regulated facility/facilities contained in this chapter without having received approval by the city through the environmental review process and/or applicable discretionary permit(s), construction permit(s), and/or business license(s).
(Ord. O2019-001, Amended, 05/21/2019; Ord. 1281, Added, 08/20/1991)
16.24.050 Aquifer protection standards.
The following aquifer protection techniques will be applied on a city-wide basis for development construction; provided, that such development may also be subject to the requirements of TMC Chapters 16.26 and 18.39:
A. Stormwater Retention Facilities. New stormwater retention facilities shall be designed and constructed in accordance with the requirements of the city’s most current Drainage Design and Erosion Control Manual.
B. Facilities with Underground Tanks/Underground Storage Vaults. All new underground storage facilities used or to be used for the underground storage of hazardous materials shall be designed and constructed in accordance with Chapter 173-360A WAC. The city may impose additional standards if the intensity or volume of development warrants it or it is a high risk facility as defined in subsection D of this section.
C. Facilities with aboveground tanks/new aboveground tanks are subject to review by the city through its permitting process and must employ all known, available, and reasonable methods of prevention, control, and treatment for pollutants that may discharge from the facility. All aboveground tanks must comply with criteria described in WAC 173-180-320 as well as city design standards. Where these specifications conflict, the more protective standard shall apply. Minimum design requirements include, but are not limited to the following:
1. No new aboveground storage facility or part thereof shall be fabricated, constructed, installed, used, or maintained in any manner which may allow the release of a hazardous material to the ground, groundwaters, or surface waters;
2. No new aboveground tank or part thereof shall be fabricated, constructed, installed, used, or maintained without having constructed around and under it an impervious containment area enclosing or underlying the tank or part thereof. Impervious containment for a single container or tank will be one hundred ten percent of the primary container. Secondary containment for multiple containers or tanks will be one hundred fifty percent of the largest container’s volume or ten percent of the aggregate volumes of all containers, whichever is greater.
D. High-Risk Facilities. These types of facilities may be required to comply with additional site specific design requirements determined by the water resources program manager to provide enhanced groundwater protection.
E. Modification of Performance Standards. Projects may be granted reductions in the above-specified performance standards by the submittal and approval of a pollution/spill prevention and response plan (as described in TMC Chapter 16.26). This plan will outline how the project proposal will effectively protect the aquifer from releases of contaminants. The aquifer protection plan will be made a part of the environmental review as outlined in the city’s environmental policy code (TMC Chapter 16.04), if applicable, and it will be a condition of approval for any discretionary permits or construction permits.
(Ord. O2019-001, Amended, 05/21/2019; Ord. O97-028, Amended, 04/21/1998; Ord. O97-008, Amended, 11/05/1996; Ord. 1281, Added, 08/20/1991)
16.24.055 Reasonable use exception for aquifer protection areas.
A. After it has been determined by the city that all reasonable economic use has been denied, an exception may be applied for pursuant to this section.
B. An application for a reasonable use exception shall be made to the city and it shall include a hydrogeological report completed by a hydrogeologist licensed in the state of Washington. This report must include the following elements:
1. Information sources;
2. Site geology and hydrostratigraphy, supported by well logs, borings, or published hydrogeological reports;
3. Location, depth, well log, and construction of wells and springs located within one-half mile of the site;
4. Location, depth, and description of perched water tables;
5. Groundwater elevations, flow direction, and gradient;
6. Historical water quality data for wells and springs located within one-half mile of the site;
7. Identification of all hazardous materials to be used or stored on the site;
8. Analysis of the change in nitrate concentrations predicted to occur in groundwater beneath the site as a result of the project;
9. A description of site conditions (slope, vegetative cover, soil types, and annual precipitation) and estimates of current annual groundwater recharge, including estimates of permeability and transmissivity of underlying units;
10. An analysis of impacts on groundwater quantity and quality as a result of the proposed project;
11. Discussion of proposed mitigation measures to minimize impacts to groundwater quality and quantity, including training, maintenance, and monitoring plans, and proposed mechanisms and financial measures that will ensure long-term implementation of mitigation measures; and
12. Any other information as required by the city.
C. The application must be submitted with payment of the necessary fee as established in the city’s fee resolution, as written or hereafter amended. The community development director shall prepare a recommendation to the hearing examiner based on review of the submitted information, a site inspection, and the proposal’s ability to comply with reasonable use exception criteria in subsection E of this section.
D. The hearing examiner shall review the application and conduct a public hearing. The hearing examiner shall approve, approve with conditions, or deny the request based on the proposal’s ability to comply with all the reasonable use exception criteria in subsection E of this section.
E. Criteria for review and approval of reasonable use exceptions follow:
1. The application of this title would deny all reasonable use of the property;
2. No other reasonable use consistent with existing zoning of the property has less impact on the critical area;
3. The proposed impact to the critical area is the minimum necessary to allow for reasonable economic use of the property, provided no sustained degradation to groundwater shall occur because of the land use;
4. The inability of the applicant to derive reasonable economic use of the property is not the result of actions by the applicant after the effective date of this title, or its predecessor;
5. The proposal does not pose an unreasonable threat to public health, safety, or welfare on or off the development proposal site; and
6. The proposal is consistent with other applicable regulations and standards.
(Ord. O2019-001, Amended, 05/21/2019; Ord. O2016-024, Added, 03/21/2017)
16.24.060 Violation – Penalty.
A. Violation of the provisions of this chapter or failure to comply with any of the requirements shall constitute a misdemeanor. Each day such a violation continues shall be considered a separate, distinct offense.
B. Any person who commits, participates in, assists, or maintains such violation may be found guilty of a separate offense.
C. 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.
D. Upon determination that a violation of the provisions of this chapter has occurred, the building official shall withhold issuance of building permits and/or certificates of occupancy for the affected property until corrective action is taken by the responsible party. However, if mitigating circumstances exist and reasonable commitments for corrective action are made, the building official may issue building permits and/or the certificates of occupancy.
(Ord. O2019-001, Amended, 05/21/2019; Ord. O2011-007, Amended, 07/19/2011; Ord. 1281, Added, 08/20/1991)
16.24.070 Severability.
If any section, paragraph, subsection, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of the chapter.
(Ord. 1281, Added, 08/20/1991)