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HomeMy WebLinkAboutAquifer Protection Code Amendents (12/2/2002) Amends ORD 4851; 3829; 4740 CITY OF RENTON, WASHINGTON ORDINANCE NO. 49 9 2 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-3-050 OF CHAPTER 3, ENVIRONMENTAL REGULATIONS AND SPECIAL DISTRICTS; SECTION 4-4-060 OF CHAPTER 4, PROPERTY DEVELOPMENT STANDARDS; SECTION 4- 8-120 OF CHAPTER 8, PERMITS AND DECISIONS; AND SECTION 4-9- 015 OF CHAPTER 9, PROCEDURES AND REVIEW CRITERIA; OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY AMENDING AQUIFER PROTECTION REGULATIONS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Sections 4-3-050.B.2.a through d. of Chapter 3, Environmental Regulations and Special Districts, of Title IV (Development Regulations) of Ordinance No. 4260 • entitled "Code of General Ordinances of the City of Renton, Washington," are hereby amended to read as follows: a. Applicability: The aquifer protection regulations apply to uses, activities, and facilities located within an aquifer protection area(APA) as classified below. b. Aquifer Protection Area(APA): Aquifer protection areas are the portion of an aquifer within the zone of capture and recharge area for a well or well field owned or operated by the City, as depicted in subsection Q.1 of this Section, Maps. c. Aquifer Protection Zones: Zones of an APA are designated to provide graduated levels of aquifer protection. Zone boundaries are determined using best available science documented in the City of Renton Wellhead Protection Plan, an appendix of the City of Renton Water System Plan, as periodically updated. The following zones may be designated: ORDINANCE NO. 4 9 9 2 i. Zone 1: The land area situated between a well or well field owned by the City and the three hundred sixty five (365) day groundwater travel time contour. ii. Zone 1 Modified: The same land area described for Zone 1 but for the purpose of protecting a high-priority well, wellfield, or spring withdrawing from an aquifer that is partially protected by overlying geologic strata. Uses, activities, and facilities located in this area are regulated as if located within Zone 1 except as provided by C.6(a)(iii) of this section. iii. Zone 2: The land area situated between the three hundred sixty five (365) day groundwater travel time contour and the boundary of the zone of potential capture for a well or well field owned or operated by the City. If the aquifer supplying water to a well, well field, or spring is naturally protected by overlying geologic strata,the City may choose not to subdivide an APA into two (2) zones. In such a case,the entire APA will be designated as Zone 2. d. Mapping: i. Determination of Location within a Zone of an Aquifer Protection Area: In determining the location of facilities within the zones defined by subsection Q.1 of this Section, the following rules shall apply. (a) Facilities located wholly within an APA zone shall be governed by the restrictions applicable to that zone. (b) Facilities having parts lying within more than one zone of an APA shall be governed as follows: Each part of the facility shall be reviewed and regulated by the requirements set forth in this Section for the zone in which that part of the facility is actually located. (c) Facilities having parts lying both in and out of an APA shall be governed as follows: 2 • `'"" ORDINANCE NO. 4 9 9 2 • That portion which is within an APA shall be governed by the applicable restrictions in this Section; and • That portion which is not in an APA shall not be governed by this Section. ii. Zone Maps: The locations of aquifer protection areas (APA) in the City are depicted by the map in subsection Q.1 of this Section, Maps. SECTION II. Section 4-3-050.C.1 of Chapter 3, Environmental Regulations and Special Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 1. Applicability: Unless determined to be exempt from permitting and standards, all proposed development, fill, and activities in regulated critical areas and their buffers shall comply with the requirements of this Section. Expansion or alteration of existing activities shall also comply with the requirements of this Section. Any person seeking to determine whether a proposed activity or land area is subject to this Section may request in writing a determination from the City. Such a request for determination shall contain the information requirements specified by the Department Administrator. a. Aquifer Protection Areas—Compliance with Regulations: The following developments, facilities, uses and activities shall comply with the applicable provisions and restrictions of this Section and chapters 4-4, 4-5, 4-6, 4-9, and 5-5 RMC for the APA zone in which the developments, facilities, uses and activities are located, except as preempted by Federal or State law: i. Development Permits: Development permits shall be reviewed for 3 ORDINANCE NO. 49924010 compliance with the aquifer protection requirements of this Section. ii. Facilities: Facilities, as defined in RMC 4-11-060, Definitions F, which are existing, new, or to be closed are subject to this Section as specified below: (a) Existing Facilities: All owners of facilities which store, handle, treat, use,or produce hazardous materials or have done so in the past, must comply with the permit requirements, release reporting requirements, and closure requirements as set forth in this Section; (b) Existing Facilities—Limitation on Material Increase: In Zone 1 of an APA, no change in operations at a facility shall be allowed that increases the quantities of hazardous materials stored, handled, treated,used, or produced in excess of quantities reported in the initial aquifer protection area operating permit with the following exception: An increase in the quantity of hazardous materials is allowed up to the amount allowed for a new facility in 4 R Zone 1 as provided by subsection C.8.e(ii) of this Section, Prohibited Activities—Aquifer Protection Areas, Zone 1; (c) New Facilities: All proposals for new facilities within any zone of an aquifer protection area must be reviewed for compliance with this Section prior to issuance of any development peanuts for uses in which hazardous materials are stored, handled, treated, used or produced or which increase the quantity of hazardous materials stored, handled, treated,used, or produced; (d) Abandonment: No person, persons, corporation or other legal entity shall temporarily or permanently abandon, close, sell, or otherwise transfer a facility in an APA without complying with the requirements of RMC 4-9-015.F, Closure Permits, and permit conditions of this Section; 4 ORDINANCE NO. 4992 iii. Hazardous Materials—Use, Production, Storage, Treatment, Disposal, or Management: Persons that store, handle, treat,use, or produce a hazardous material as defined by chapter 4-11 RMC, Definitions, shall be subject to the requirements of this Section, and as further specified below: (a) All applications for development permits for uses in which hazardous materials are stored, handled, treated, used or produced or which increase the quantity of hazardous materials stored, handled, treated,used, or produced at a location in the APA must be reviewed for compliance with this Chapter by the Department prior to approval. (b) The focus of review for all permits will be on the hazardous materials that will be stored, handled,treated, used,or produced; and the potential for these substances to degrade groundwater quality. (c) An inventory of hazardous materials on forms provided by the Department shall be submitted to the Department upon application for a development permit. (d) Where required by the Department, plans and specifications for secondary containment shall be submitted and shall comply with subsection H.2.d(i) of this Section, Secondary Containment—Zones 1 and 2. Development permits shall not be issued until plans and specifications for secondary containment, if required, have been approved by the Department. (e) The Generic Hazardous Materials List attached and incorporated as subsection R of this Section is provided for informational purposes. iv. Application of Pesticides and Nitrates: Persons who apply pesticides and/or fertilizer containing nitrate in the APA, except for homeowners applying only to their own property, shall comply with subsection H.3 of this Section, Use of Pesticides and Nitrates— 5 ORDINANCE NO. 4992 APA Zones 1 and 2. v. Construction Activities: Persons engaged in construction activities as defined in RMC 4-11-030, Defmitions C, shall comply with subsection H.7 of this Section, Construction Activity Standards—Zones 1 and 2, and RMC 4-4-030.C.7, Construction Activity Standards—APA Zones 1 and 2; vi. Fill Material: Persons placing fill material on sites within the APA shall comply with subsection H.8 of this Section, Fill Material, and RMC 4-4-060.L.4, Fill Material; vii. Fuel Oil Heating Systems: Owners of facilities and structures shall comply with subsection C.8.e(i)(9) and C.8.e(ii)(6) of this Section, Prohibited Activities—Aquifer Protection Areas, Zones 1 and 2, relating to conversion of heating systems to fuel oil and installation of new fuel oil heating systems. viii. Pipelines: Owners of pipelines as defined in RMC 4-11-160 shall comply with subsection H.6 of this Section, Pipeline Requirements; ix. Solid Waste Landfills: Owners of existing solid waste landfills shall comply with subsection H.9 of this Section, Regulations for Existing Solid Waste Landfills— Zones 1 and 2; x. Surface Water Systems: Surface water systems shall meet the requirements of subsection H.5 of this Section, Surface Water Requirements, and RMC 4-6- 030.E,Drainage Plan Requirements and Methods of Analysis; xi. Unauthorized Release: All persons shall comply with subsection H.10 of this Section, Hazardous Materials—Release Restrictions—Zones 1 and 2, and RMC 4-9-015.G, Unauthorized Releases; xii. Wastewater Disposal Systems: Owners of structures that are connected to 6 ORDINANCE NO. 4 9 9 2 existing on-site sewage disposal systems and proposed wastewater disposal systems shall comply with subsection H.4 of this Section, Wastewater Disposal Requirements, and RMC 4-6-040.J, Sanitary Sewer Standards, Additional Requirements that Apply within Zones 1 and 2 of an Aquifer Protection Area. b. Shorelines, Streams and Lakes: (Reserved) SECTION III. Section 4-3-050.C.6 of Chapter 3, Environmental Regulations and Special Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 6. Limited Exemptions: Activities which are exempt from some, but not all provisions of this Section are listed in the following table. If an"X" appears in a box, the listed exemption applies in the specified critical area and required buffer. If an"X" does not appear in a box,then the exemption does not apply in the particular critical area or required buffer. Whether the exempted activities are also exempt from permits will be determined based upon application of RMC Chapters 4-8 and 4-9, or other applicable sections of the Renton Municipal Code. LIMITED EXEMPTIONS—WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shorelines/ Wetlands Protection Hazard Hazard Area Conservation Streams/Lakes Area Area Area (Reserved) a.Hazardous Materials: i.Materials for Sale in Original Small X l Containers:Hazardous materials offered for sale in their original containers of five(5)gallons or less shall be exempt from requirements in subsections H.2.d(i)through(vi)of this Section and the requirements pertaining to removal of existing facilities in subsection H.2.a(i). ii.Activities Exempt from Specified X1 Aquifer Protection Area Requirements: The following are exempt from 7 ORDINANCE NO. 4992 LIMITED EXEMPTIONS—WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shorelines/ Wetlands Protection Hazard Hazard Area Conservation Streams/Lakes Area Area Area (Reserved) requirements in subsections H.2.d(i) through(vi)of this Section,the requirements pertaining to review of proposed facilities in subsection C.8.e of this Section,Prohibited Activities— Aquifer Protection Areas,and the requirements pertaining to removal of existing facilities in subsection H.2.a(i). (1)Hazardous materials use, storage, X1 and handling in de minimus amounts (aggregate quantities totaling twenty (20)gallons or less at the facility or construction site). Weights of solid hazardous materials will be converted to volumes for purposes of determining whether de minimus amounts are exceeded. Ten(10)pounds shall be considered equal to one gallon.) (2)Noncommercial residential use, XI storage,and handling of hazardous materials provided that no home occupation business(as defined by chapter 4-11 RMC)that uses,stores or handles more than twenty(20)gallons of hazardous material is operated on the premises. (3)Hazardous materials in fuel tanks X1 and fluid reservoirs attached to a private or commercial motor vehicle and used directly in the operation of that vehicle. (4)Fuel oil used in existing heating X1 systems. (5)Hazardous materials used, stored, X1 and handled by the City of Renton in water treatment processes and water system operations. (6)Fueling of equipment not licensed X1 for street use;provided,that such fueling activities are conducted in a containment area that is designed and maintained to prevent hazardous materials from coming into contact with soil,surface water,or groundwater except for refueling associated with construction activity regulated by subsection H.7 of this Section, Construction Activity Standards— 8 ORDINANCE NO. 4992 LIMITED EXEMPTIONS—WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shorelines/ Wetlands Protection Hazard Hazard Area Conservation Streams/Lakes Area Area Area (Reserved) Zones 1 and 2. (7)Hazardous materials contained in X1 properly operating sealed units (transformers,refrigeration units, etc.) that are not opened as part of routine use. (8)Hazardous materials in fuel tanks X1 and fluid reservoirs attached to private or commercial equipment and used directly in the operation of that equipment. (9)Hazardous materials in aerosol X1 cans. (10)Hazardous materials at multi- X1 family dwellings,hotels,motels, retirement homes,convalescent center/nursing homes,mobile or manufactured home parks,group homes,and daycare family homes or centers when used by owners and/or operators of such facilities for on-site operation and maintenance purposes. (11)Hazardous materials used for X1 janitorial purposes at the facility where the products are stored. (12)Hazardous materials used for Xl personal care by workers or occupants of the facility at which the products are stored including but not limited to soaps,hair treatments,grooming aids, health aids,and medicines. iii. Uses,Facilities,and Activities in X1 Zone 1 Modified Aquifer Protection Area Exempt from Specified Aquifer Protection Area Requirements: Facilities located in the Zone 1 Modified Aquifer Protection Area in Figure 4-3-050Q1 are exempt from the following: 1)Removal requirements in subsection XI H.2.a(i)of this Section except that the storage,handling,use,treatment,and production of tetrachloroethylene(e.g. dry-cleaning fluid)shall continue to be prohibited; 2)Additional facility requirements in X1 subsection H.2.d(vi)of this Section; 9 ORDINANCE NO. 4 9 9 2 LIMITED EXEMPTIONS—WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shorelines/ Wetlands Protection Hazard Hazard Area Conservation Streams/Lakes Area Area Area (Reserved) 3)Wastewater requirements in X 1 subsection 4-6-040.J.l.a but shall be subject to Zone 2 requirements in 4-6- 040J2; 4)The prohibition of septic systems X1 contained in 4-3-050C8e(ii)(2);and 5) Surface water management Xl requirements of 4-6-030E except that Zone 2 requirements contained in 4-6- 030E shall apply. l If a hazardous material,activity,and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality,then the Department Administrator may require compliance with the aquifer protection requirements of this Section otherwise relevant to that hazardous material activity and/or facility. SECTION IV. Section 4-3-050.C.8 of Chapter 3, Environmental Regulations and Special Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 8. Prohibited Activities: Prohibited activities are identified below for each critical area governed by this Section. a. General — All Critical Areas: No action shall be taken by any person, company, agency, or applicant which results in any alteration of a critical area except as consistent with the purpose, objectives, and requirements of this section. b. Prohibited Activities — Floodways: Encroachments, including fill, new construction, substantial improvements, and construction or reconstruction of residential structures is prohibited within designated floodways, unless it meets the provisions of subsection I.4 of this Section, Additional Restrictions within Floodways. c. Prohibited Activities— Shorelines, Streams and Lakes: (Reserved) d. Prohibited Activities — Wetlands: Grazing of animals is not allowed within a 10 ORDINANCE NO. 4 9 9 2 wetland or its buffer. e. Prohibited Changes in Land Use and Types of New Facilities—Aquifer Protection Areas: i. Zone 1: (1) Changes in land use and types of new facilities in which any of the following will be on the premises: (a) More than five hundred (500) gallons of hazardous material; (b) More than one hundred fifty(150) gallons of hazardous material in containers that are opened and handled; (c) Containers exceeding five (5) gallons in size; or (d) Tetrachloroethylene (e.g. dry-cleaning fluid). (2) Surface impoundments (as defined in chapters 173-303 and 173- • 304 WAC); (3) Hazardous waste treatment, storage, and disposal facilities; (4) All types of landfills, including solid waste landfills; (5) Transfer stations; (6) Septic systems; (7) Recycling facilities that handle hazardous materials; (8) Underground hazardous material storage and/or distribution facilities; (9) New heating systems using fuel oil except for commercial uses when the source of fuel oil is an existing above-ground waste oil storage tank; and (10) Petroleum product pipelines. 11 *Pi ORDINANCE NO. 4 9 9 2 ii. Zone 2: (1) Surface impoundments (as defined in chapters 173-303 and 173- 304 WAC); (2) Recycling facilities that handle hazardous materials; (3) Hazardous waste treatment, storage, and disposal facilities; (4) Solid waste landfills; (5) Transfer stations; (6) New heating systems using fuel oil stored in underground storage tanks; and (7) Petroleum product pipelines. SECTION V. Section 4-3-050.H.2 of Chapter 3, Environmental Regulations and Special Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 2. Facilities: a. Removal of Existing Facilities—Zone 1: i. The storage, handling, use,treatment or production of hazardous materials in aggregate quantities greater than five hundred (500) gallons shall not be allowed within Zone 1 of an APA after October 14, 2002. The storage,handling, use, treatment or production of tetrachloroethylene (e.g. dry-cleaning fluid) shall not be allowed within Zone 1 of an APA after March 31, 1999. ii. Once a facility in Zone 1 is closed, relocated, or the use of hazardous materials is terminated, reinstatement of the use of hazardous materials on the site in quantities greater than that allowed for new facilities locating in Zone 1 as described in subsection C.8.e(ii), 12 ORDINANCE NO. 4992 ... Prohibited Activities, Zone 1, shall be prohibited. iii. Closure of a facility or termination of any or all facility activities shall be conducted in accordance with the closure requirements in RMC 4-9-015.F, Closure Permit. b. Existing Facilities Change in Quantities—Zone 1: In Zone 1 of an APA, no change in operations at a facility shall be allowed that increases the aggregate quantity of hazardous materials stored,handled, treated,used, or produced with the following exception: The aggregate quantity of hazardous materials may be increased not to exceed 500 gallons. c. Existing Facilities—Allowances in Zone 2: The storage, handling, treatment, use or production of hazardous materials at existing facilities shall be allowed within Zone 2 of an APA upon compliance with the provisions of this Section. d. Requirements for Facilities—Zones 1 and 2: The following conditions in subsections H.2.d(i)to (vi) of this Section will be required as part of any operating permit issued for facilities in Zone 1 of an APA. Conditions in subsections H.2.d(i) to (v) shall apply to facilities in Zone 2 of an APA. i. Secondary Containment—Zones 1 and 2: (1) Materials Stored in Tanks subject to DOE—Zones 1 and 2: Hazardous materials stored in tanks that are subject to regulation by the Washington Department of Ecology under chapter 173-360 WAC are exempt from containment requirements in subsection H.2.d(i), Secondary Containment—Zones 1 and 2, but are subject to applicable requirements in RMC 4-5-120, Underground Storage Tank Secondary Containment Regulations. (2) Secondary Containment Devices and Requirements—Zones 1 and 2: Every owner of a facility shall provide secondary containment devices adequate in size to contain on-site any unauthorized release of hazardous materials from any area where these 13 ORDINANCE NO. 499 2 substances are either stored, handled,treated, used, or produced. Secondary containment devices shall prevent hazardous materials from contacting soil, surface water, and groundwater and shall prevent hazardous materials from entering storm drains and, except for authorized and permitted discharges, the sanitary sewer. Design requirements for secondary containment devices are as follows: (A) The secondary containment device shall be large enough to contain the volume of the primary container in cases where a single container is used to store, handle,treat,use, or produce a hazardous material. In cases where multiple containers are used, the secondary containment device shall be large enough to contain the volume of the largest container. Volumes specified are in addition to the design flow rate of the automatic fire extinguishing system, if present,to which the secondary containment device is subjected. The secondary containment device shall be capable of containing the fire flow for a period of twenty (20) minutes or more. (B) All secondary containment devices shall be constructed of materials of sufficient thickness, density, and composition to prevent structural weakening of the containment device as a result of contact with any hazardous material. If coatings are used to provide chemical resistance for secondary containment devices, they shall also be resistant to the expected abrasion and impact conditions. Secondary containment devices shall be capable of containing any unauthorized release for at least the maximum anticipated period sufficient to allow detection and removal of the release. (C) Hazardous materials stored outdoors and their attendant secondary containment devices shall be covered to preclude precipitation with the exception of hazardous materials stored in tanks that have been approved by and are under permit from the 14 ORDINANCE NO. 4 9 9 2 City of Renton Fire Prevention Bureau. Secondary containment for such tanks, if uncovered, shall be able to accommodate the volume of precipitation that could enter the containment device during a twenty four (24) hour,twenty five (25)year storm, in addition to the volume of the hazardous material stored in the tank. Storage of hazardous materials, both indoors and outdoors, shall, at all times, meet both the requirements of this Section and the Uniform Fire Code. (D) Secondary containment devices shall include monitoring procedures or technology capable of detecting the presence of a hazardous material within twenty four(24)hours following a release. Hazardous materials shall be removed from the secondary containment device within twenty four (24)hours of detection and shall be legally stored or disposed. (E) Areas in which there are floor drains, catchbasins, or other conveyance piping that does not discharge into a secondary containment device that meets the requirements of this Chapter shall not be used for secondary containment of hazardous materials. Closure of existing piping shall be according to procedures and designs approved by the Department. (F) Primary containers shall be impervious to the contents stored therein, properly labeled, and fitted with a tight cover which is kept closed except when substances are being withdrawn or used. (G) Hazardous materials stored outdoors when the facility is left unsupervised must be inaccessible to the public. Such techniques as locked storage sheds, locked fencing, or other techniques may be used if they will effectively preclude access. (H) Stored hazardous materials shall be protected and secured, as needed, against impact and earthquake to prevent damage to the primary container that would 15 ORDINANCE NO. 4 9 9 2 result in release of hazardous materials that would escape the secondary containment area. ii. Hazardous Material Monitoring Requirements for Existing Facilities— Zones 1 and 2: (1) The owners of all existing facilities shall implement hazardous materials monitoring. (2) All hazardous material monitoring activities shall include the following: (A) A written routine monitoring procedure which includes, when applicable: the frequency of performing the monitoring method,the methods and equipment to be used for performing the monitoring, the location(s) from which the monitoring will be performed, the name(s) or title(s) of the person(s) responsible for performing the monitoring and/or maintaining the equipment, and the reporting format. (B) Written records of all monitoring performed shall be maintained on-site by the operator for a period of three (3)years from the date the monitoring was performed. The Department may require the submittal of the monitoring records or a summary at a frequency that the Department may establish. The written records of all monitoring performed in the past three (3)years shall be shown to the Department upon demand during any site inspection. Monitoring records shall include but not be limited to: • The date and time of all monitoring or sampling; • Monitoring equipment calibration and maintenance records; • The results of any visual observations; 16 ORDINANCE NO. 4 9 9 2 • The results of all sample analysis performed in the laboratory or in the field, including laboratory data sheets; • The logs of all readings of gauges or other monitoring equipment, groundwater elevations or other test results; and • The results of inventory readings and reconciliations. (C) Visual monitoring must be implemented unless it is determined by the Department to be infeasible to visually monitor. (3) On every day of operation, a responsible person designated by the permittee shall check for breakage or leakage of any container holding hazardous materials. Electronic sensing devices approved by the Department may be employed as part of the inspection process, provided that the system is checked daily for malfunctions. iii. Emergency Collection Devices—Zones 1 and 2: Vacuum suction devices, absorbent scavenger materials, or other devices approved by the Department shall be present on site (or available within an hour by contract with a cleanup company approved by the Department), in sufficient quantity to control and collect the total quantity of hazardous materials plus absorbent material. The presence of such emergency collection devices and/or cleanup contract are the responsibility and at the expense of the owner and shall be documented in the operating permit. iv. Inspection of Containment and Emergency Equipment—Zones 1 and 2: Owners shall establish procedures for monthly in-house inspection and routine maintenance of containment and emergency equipment. Such procedures shall be in writing, a regular checklist and schedule of maintenance activity shall be established, and a log shall be kept of inspections and maintenance activities. Such logs and records shall be made available at all reasonable times 17 411111 ORDINANCE NO. 49 9 2 '0100 to the Department for examination. v. Employee Training—Zones 1 and 2: Operators shall schedule training for all new employees upon hiring and once per year thereafter to explain the conditions of the operating permit such as emergency response procedures, proper hazardous waste disposal, monitoring and reporting requirements, record keeping requirements, and the types and quantities of hazardous materials on site. These training sessions will be documented and recorded and the names of those in attendance will be recorded. These records shall be made available at all reasonable times to the Department for inspection. vi. Additional Facility Requirements for Zone 1: Owners shall complete the following: (1) Site Monitoring: For facilities located in Zone 1 of an APA, an owner of a facility may, at their own expense, be required to institute a program to monitor groundwater, surface water runoff, and/or site soils. The Department may require that the owner of a facility install one or more groundwater monitoring wells in a manner approved by the Department in order to accommodate the required groundwater monitoring. Criteria used to determine the need for site monitoring shall include, but not be limited to,the proximity of the facility to the City's production or monitoring wells, the type and quantity of hazardous materials on site, and whether or not the hazardous materials are stored in underground vessels. Every owner required to monitor groundwater, surface water runoff, and/or soils shall perform such monitoring semi-annually and obtain independent analytical results of the presence and concentration of those chemicals requiring monitoring (including breakdown and transformation products) as identified by the Department in the operating permit. The analytical results shall be obtained through the use of Department of Ecology-approved methods for water 18 �... ORDINANCE NO. 4 9 9 2 and/or soils. The results shall be filed within ten(10) days with the Department. If a facility is required to perform site monitoring pursuant to subsection H.2.d(vi) of this Section, Additional Facility Requirements for Zone 1, Site Monitoring, then a site monitoring plan will be required. This plan must indicate procedures to be followed to assess groundwater, surface water runoff, and/or soil for concentrations of those chemicals requiring monitoring as identified by the Department in the operating permit. If a groundwater monitoring program is in effect per the requirements of 40 CFR 264 or 265, and this program includes all of the chemicals identified in the operating permit, then it shall be incorporated into the site monitoring plan which shall also include provisions to address the groundwater monitoring requirements of subsection H.2.d(vi) of this Section, Additional Facility Requirements for Zone 1, Site Monitoring, and RMC 4-9-015G3,Unauthorized Releases, Monitoring Results. (2) Site Improvements: (A) For facilities located in Zone 1 of an APA, the owner may be required to pave all currently unpaved areas of their facility that are subject to any vehicular use or storage, use,handling, or production of hazardous materials. (B) For those facilities located in Zone 1 of an APA in which the nature of the business involves the use of hazardous materials outside of fully enclosed structures,the City shall evaluate the existing storm water collection and conveyance system, and reserves the right to require the owner to upgrade the system to meet the provisions of RMC 4-6-030E3, Additional Requirements in Aquifer Protection Areas—Amendments to King County Surface Water Design Manual. (C) For those facilities located in Zone 1 of an APA, the City may require the owner to test interior wastewater plumbing and the building side sewer for 19 %Noe ORDINANCE NO. 4 9 9 2 tightness according to subsection H.6.a(ii), Pipeline Requirements—Zone 1, and reserves the right to require that such wastewater conveyance be repaired or replaced according to subsection H.6.a(i), Pipeline Requirements—Zone 1. (3) Capital Cost Reimbursement for Additional Operating Permit Requirements: The City shall pay fifty percent (50%)of documented capital costs up to twenty five thousand dollars ($25,000.00) for required installation and construction of monitoring wells, site paving, wastewater conveyance, and storm water improvements as required in subsections H.2.d(vi)(1) and(2), Site Monitoring and Site Improvements. Payment by the City shall be made according to adopted administrative rules. SECTION VI. Section 4-3-050.H.7 of Chapter 3, Environmental Regulations and Special Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," are hereby amended to read as follows: 7. Construction Activity Standards—Zones 1 and 2: Refer to RMC 4-4-030.C.7, Construction Activity Standards—APA Zones 1 and 2. SECTION VII. Section 4-3-050.Q.1 of Chapter 3,Environmental Regulations and Special Districts, of Title IV (Development Regulations)of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as shown on Exhibit 1, attached. SECTION VIII. Section 4-3-105, Watershed Protection Regulations—Springbrook Watershed, of Chapter 3, Environmental Regulations and Special Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the 20 ORDINANCE NO. 4 9 9 2 �..r City of Renton, Washington," is hereby deleted, along with its accompanying map of the Springbrook Watershed Boundary. SECTION IX. Section 4-4-060.L.4 of Chapter 4, Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 4. Fill Material: Fill materials shall have no more than minor amounts of organic substances and shall have no rock or similar irreducible material with a maximum dimension greater than eight inches (8"). Fill material shall meet the following requirements: a. Construction, Demolition, and Land Clearing Waste Prohibited: Fill material shall be free of construction, demolition, and land clearing waste except that this requirement does not preclude the use of recycled concrete rubble per Washington State Department of Transportation Standard Specifications for Road,Bridge, and Municipal Construction. b. Cleanliness of Fill Material: Fill material shall not contain concentrations of contaminants that exceed cleanup standards for soil specified in WAC 173-340-740, Model Toxics Control Act. c. Special Requirement for Projects Located in Zone 1 of the Aquifer Protection Area and Which Will Involve Placement of More than Fifty (50) Cubic Yards of Imported Fill: A source statement certified by a professional engineer or geologist licensed in the State of Washington shall be provided to the Department and shall be reviewed and accepted by the Department prior to stockpiling or grading imported fill at the project site. The source statement, as defined in RMC 4-8-120.D.19, shall be required for each source location from which imported fill will be obtained. d. Special Requirement for Projects Located in Zone 2 of the Aquifer Protection 21 ORDINANCE NO. 4 9 9 2 Area and Which Will Involve Placement of More than One Hundred(100) Cubic Yards of Imported Fill: The source statement described in RMC 4-8-120.D.19 is required for each source location from which imported fill will be obtained. e. Abbreviated Source Statement for Aquifer Protection Area: The Department may accept a,source statement, as defined in RMC 4-8-120D19,that does not include results of sampling and analysis of imported fill if a professional geologist or engineer licensed in the State of Washington certifies that the source location from which fill will be obtained has never been filled, developed, or subjected to use that could have introduced chemical contamination to the site. f. Department Authority to Request Additional Information or Reject Certified Source Statement: The Department has the authority to request additional information regarding imported fill material and the source thereof and to reject a source statement or abbreviated source statement if they do not demonstrate that the fill material to be imported to a project site meets fill material standards in part 4a and b above and/or the Department has reason to suspect that the fill material could be contaminated. Such requests or rejections shall be made in writing to the applicant. g. Source Statement Not Required for Imported Fill Obtained from Washington State Department of Transportation Approved Source: The source statement defined in RMC 4- 8-120.D.19 is not required for those projects located in the aquifer protection area if documentation is provided that imported fill will be obtained from a Washington State Department of Transportation approved source. h. Sampling and Analysis Procedures: The licensed professional engineer or geologist or person under their supervision who samples earth materials to be used as imported 22 ORDINANCE NO. 4 9 9 2 fill, oversees analysis, and prepares the source statement required by subsections L.4.c and L.4.d of this Section shall follow procedures specified in WAC 173-340-820 and 173-340-830 of the Model Toxics Control Act Cleanup Regulation. i. Permittee Subject to Required Actions after Illegal Placement of Imported Fill: A permittee who stockpiles or grades imported fill at the site without Department review and acceptance of the source statement required by subsections L.4.c and L.4.d of this Section or who stockpiles or grades fill at the site that does not meet the fill quality standards of subsections L.4.a and L.4.b of this Section is subject to measures specified by the Department to reduce risk of contamination of the site due to illegal placement of fill. Such measures may include, but are not limited to, any or all of the following and shall be implemented at the permittee's expense: (1) Provide the Department with the source statement defined in RMC 4-8- 120.D.19 within a time-period specified by the Department; (2) Immediately cover fill with a waterproof cover; (3) Immediately remove fill; (4) Installation of monitoring wells and monitoring of ground water quality; (5) Remediation of contamination of the site caused by the illegal placement of fill according to a schedule specified by the Department and in accordance with cleanup standards for soil and groundwater described in the Model Toxics Control Act Cleanup Regulation, Chapter 173-340. j. Department Authority to Conduct Independent Sampling and Analysis: The Department shall have the authority to enter on to private property to conduct independent sampling and analysis of fill. If the Department determines that fill does not meet fill quality standards of subsections L.4.a and L.4.b of this Section, then it may require the permittee to 23 ORDINANCE NO. 4 9 9 2 accomplish any or all of the measures listed in part h. of this subsection at his or her own expense. k. Department Authority to Implement Removal and Remediation Measures: The Department or its authorized agents shall have the authority to implement measures listed in subsection L.4.h of this Section if the permittee fails to accomplish such measures in a timely manner. The permittee shall be responsible for any costs incurred by the Department or its authorized agents in the conduct of such activities. SECTION X. Section 4-8-120.B of Chapter 8, Permits and Decisions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled"Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as shown in Exhibit 2, attached. SECTION XL The following definitions in Sections 4-8-120.D.3, D.8, and D.15 of Chapter 8, Permits and Decisions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," are hereby amended to read as follows: 3. Closure Permit Application, Aquifer Protection Area: An application package including the following: a. A list of hazardous materials to be removed from premises, the method of removal, and the final destination(include product names and quantities); b. A list of potentially contaminated equipment and/or containment devices to be removed from premises and a description of the method of disposal or recycling; c. A plan prepared by a professional engineer or geologist licensed in the State of Washington to investigate the facility to determine whether it is free of contamination exceeding Model Toxics Control Act (MTCA) standards (WAC 173-340), to report findings to 24 ORDINANCE NO. 4 9 9 2 the Water Utility, and to describe remediation needed, if any, according to said standards and Renton Municipal Code 4-9-015.G. d. A written agreement between the owner, the property owner, and the purchaser or other recipient, in lieu of a. and b. above, stating that the owner will not remove hazardous materials and containment devices from the facility because all agree that the materials and devices are needed to continue to operate the facility. e. A schedule for implementation of"a" and "b" above and the investigation described in"c." 8. Hazardous Materials Management Statement: A statement that includes: a. A description of refueling of construction vehicles that will occur on the site and an inventory of hazardous materials expected to be temporarily stored, dispensed, used, or handled on the site. b. A description of how the requirements in RMC 4-4-030.C.7 Construction Activity Standards—Zones 1 and 2, will be met by the applicant. 15. Operating Permit Application, Aquifer Protection Area: An application package including the following: a. Upon request by the Department, a Hazardous Materials Inventory Statement and/or Material Safety Data Sheets for hazardous materials that are or will be on the premises; b. A list of the chemicals to be monitored through the analysis of groundwater samples if groundwater monitoring is anticipated to be required; c. A detailed description of the activities conducted at the facility that involve the storage, handling, treatment, use or production of hazardous materials in quantities greater than the de minimus amounts specified in RMC 4-3-050.C.6.a(ii)(1); 25 ORDINANCE NO. 4 9 9 2 *10 d. A description of the containment devices used to comply with the requirements of this Section; e. A description of the procedures for inspection and maintenance of containment devices; f, A description of how hazardous materials will be legally disposed; g. A site map showing the following: i. Property boundaries, ii. Building and other structures located on the property, iii. Secondary containment devices, and iv. Floor and yard drains with a note as to whether the drain is to storm or sanitary sewer. SECTION XII. Sections 4-9-015.A-D of Chapter 9, Procedures and Review Criteria, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," are hereby amended to read as follows: A. PURPOSE: The purpose of this Section is to protect aquifers used as potable water supply sources by the City from contamination by hazardous materials. This Section establishes permit procedures, operating permits, closure permits, and uniform standards for release reporting, emergency response, closure and abandonments. B. APPLICABILITY: 1. Operating Permits Required: No person, persons, corporation, or other legal entities shall operate a facility in an aquifer protection area(APA) (see RMC 4-3-050.Q.1, Maps, Aquifer Protection) without first obtaining an operating permit from the Department. Any person 26 ORDINANCE NO. 4 9 9 2 ..r who owns more than one facility in a single zone of the APA shall have the option of obtaining one permit for all operations if the operations at each facility are similar and the permit requirements under this Section are applicable to each facility individually. 2. Closure Permits Required in Zone 1: No owner of a facility in Zone 1 shall close a facility without first obtaining a closure permit to do so from the Department. The owner of a facility shall obtain a closure permit before operations requiring an Operating Permit cease at the facility or before the facility is sold or otherwise transferred to a new owner. 3. Reporting of Unauthorized Release of Hazardous Materials: All persons shall comply with RMC 4-3-050.H.10 and subsection G of this Section relating to unauthorized release of hazardous materials. C. EXEMPTIONS—OPERATING AND CLOSURE PERMITS: The following land uses and activities do not require operating or closure permits, but may require compliance with other standards and regulations in RMC 4-3-050, Critical Areas Regulations. 1. Pipelines, Roadways, Railroads: Pipelines including storm and sanitary sewers and product pipelines, interstate freeways, State highways, arterials, local access streets, and railroads. 2. Cleanups, Monitoring and/or Studies under State or Federal Supervision: Cleanups, monitoring and/or studies undertaken under supervision of the Washington Department of Ecology or the U.S. Environmental Protection Agency. 3. Use, Storage, and Handling of Specific, Listed Hazardous Materials That Do Not Present a Risk to the Aquifer: a. Hazardous Materials That Do Not Present a Risk to the Aquifer: Use, 27 ORDINANCE NO. 4992 storage, and handling of specific hazardous materials that do not present a risk to the aquifer as determined and listed by the Department are exempt from all regulation under this Section with the exception of the requirement to list these hazardous materials on the hazardous materials inventory statement as provided by RMC 4-8-120.D.15.a, Operating Permit Application, Aquifer Protection Area. b. Sale of Hazardous Materials in Original, Small Containers: Hazardous materials offered for sale in their original containers of five(5) gallons or less. c. Hazardous Materials in De Minimus Amounts: Hazardous materials use, storage, and handling in de minimus amounts (aggregate quantities totaling twenty(20) gallons or less at the facility). Hazardous material weights shall be converted to volumes for purposes of determining whether de minimus amounts are exceeded. Ten(10)pounds shall be considered equal to one gallon. d. Hazardous Materials Contained in Properly Operating Sealed Units: Hazardous materials contained in properly operating sealed units(transformers, refrigeration units, etc.)that are not opened as part of routine use. e. Residential Use, Storage, and Handling of Hazardous Materials: Noncommercial residential use, storage, and handling of hazardous materials provided that no home occupation business (as defined by chapter 4-11 RMC, Definitions) that uses, stores,or handles more than twenty(20) gallons of hazardous material is operated on the premises. f. Fuel Tanks and Fluid Reservoirs Attached to Motor Vehicle: Hazardous materials in fuel tanks and fluid reservoirs attached to a private or commercial motor vehicle and used directly in the operation of that vehicle. g. Fuel Oil: Fuel oil used in existing heating systems. 28 ORDINANCE NO. 4 9 9 2 ... h. Emergency— Governmental Organization: Public interest emergency use, storage, and handling of hazardous materials by governmental organizations. i. Water Treatment and Water System Use: Hazardous materials used, stored, and handled by the City of Renton in water treatment processes and water system operations. j. Fueling of Equipment Not Licensed for Street Use: Fueling of equipment not licensed for street use provided that such fueling activities are conducted in a containment area that is designed and maintained to prevent hazardous materials from coming into contact with soil, surface water,or groundwater. k. Hazardous Materials in Equipment Fuel Tanks: Hazardous materials in fuel tanks attached to private or commercial equipment and used directly in the operation of that equipment. 1. Hazardous Materials in Aerosol Cans. m. Hazardous Materials at Specified Facilities: Hazardous materials at multi- family dwellings, hotels, motels, retirement homes, convalescent center/nursing homes, mobile or manufactured home parks, group homes, and daycare family homes or centers when used by owners and/or operators of such facilities for on-site operation and maintenance purposes. n. Janitorial Supplies: Hazardous materials used for janitorial purposes at the facility where the products are stored. o. Personal Care Products: Hazardous materials used for personal care by workers or occupants of the facility at which the products are stored including but not limited to soaps, hair treatment, grooming aids, health aids, and medicines. D. ADMINISTRATION: 29 ORDINANCE NO. 4 9 9 2 err% The Department Administrator, or his/her designee, shall have the power and authority to administer and enforce the provisions of this Chapter. SECTION XIII. Section 4-9-015.E.1 of Chapter 9, Procedures and Review Criteria, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 1. Submittal Requirements and Fees: Submittal requirements shall be as listed in chapter 4-1 RMC, Administration and Enforcement, and RMC 4-8-120, Submittal Requirements — Specific to Application Type. There is no fee for an Operating Permit. SECTION XIV. Section 4-9-015.F of Chapter 9, Procedures and Review Criteria, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: F. CLOSURE PERMIT: 1. Submittal Requirements and Fees: Submittal requirements shall be as listed in chapter 4-1 RMC, Administration and Enforcement, and RMC 4-8-120, Submittal Requirements — Specific to Application Type. There is no fee for a Closure Permit. 2. Closure Permits and Permit Conditions—Zone 1: a. Closure Permit Application Required for Facilities: A Closure Permit Application shall include: i. A list of hazardous materials to be removed from premises, the method of removal, and the final destination(include product names and quantities); ii. A list of potentially contaminated equipment and/or containment devices to be removed from premises and a description of the method of disposal or recycling; 30 ORDINANCE NO. 4992 iii. A plan prepared by a professional engineer or geologist licensed in the State of Washington to investigate the facility to determine whether it is free of contamination exceeding Model Toxics Control Act (MTCA) standards (WAC 173-340), to report findings to the Water Utility, and to describe remediation needed, if any, according to said standards and Renton Municipal Code 4-9-015.G. iv. A written agreement between the owner,the property owner, and the purchaser or other recipient, in lieu of i. and ii. above, stating that the owner will not remove hazardous materials and containment devices from the facility because all agree that the materials and devices are needed to continue to operate the facility. v. A schedule for implementation of i and ii above and the investigation described in iii. b. No Detectable Unauthorized Releases: The owner of a facility being closed shall demonstrate to the satisfaction of the Department that no detectable unauthorized release has occurred or that unauthorized releases have been cleaned up. Cleanup shall be considered to be complete when, according to the best available scientific evidence, the risk of causing the city water supply to fail to meet Washington State drinking water quality standards has been removed and the cleanup meets the Model Toxics Control Act Cleanup Regulation (chapter 173-340 WAC). This demonstration can be based on the ongoing leak detection monitoring, groundwater monitoring, or soils sampling performed during or immediately after closure activities. c. Determination of Unauthorized Release: If an unauthorized release is determined to have occurred,the facility owner shall comply with subsection G of this Section, Unauthorized Releases. 31 ORDINANCE NO. 4 9 92 d. Completion of Facility Closure: Facility closure will be accepted as complete by the Department upon implementation of the closure permit conditions and compliance with all other provisions of the Section. e. Time to Complete Closure: Facility closure must be completed according to a timetable and permit conditions determined by the Department and shall, in all cases, be completed within one year of the date when a closure permit is required. SECTION XV. Section 4-9-015.G.3.a of Chapter 9, Procedures and Review Criteria, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: a. Detection and Prevention of Further Contamination: Semi-annually, or more frequently, the Department may review all site monitoring results submitted by owners in an APA. The Department may require the owner to immediately accomplish the following if a hazardous material is detected in an owner's monitoring well(s), surface water runoff, and/or site soils and the concentration exceeds Model Toxics Control Act Cleanup Standards as provided in chapter 173-340 WAC or if, according to the best available scientific information, the concentration may cause the City water supply to fail to meet State drinking water quality standards: i. Locate and determine the source of the hazardous material detected. ii. Stop and prevent any further unauthorized release(s), of the hazardous material detected, if under the control of the owner. iii. Comply with the requirements for an unauthorized release(s) from a facility. 32 ORDINANCE NO. 4992 SECTION XVI. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this 9th day of December , 2002. &I/4UL Z1a1-67L-) Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 9th day of December , 2002. Jesse``manner, Mayor Approve to form: Lawrence J. Warren, City Attorney Date of Publication: 1 2/1 V2002 ORD.1003:1 1/12/02:ma. 33 4992 ORDINANCE NO. EXHIBIT 1 *1110 FIGURE 4-3-050Q1 AQUIFER PROTECTION ZONES a6ih$t � L A 9�6 ---1 I I J— vIr,LAKF 4ASHINeTON \\\\'` LL r'I \t I\ \\1E k)1 N Ir �i-J w 1 s Nq thS R�/�'AR, �� 'Y �/env am._ NE k2 _tom 1�-' SEI728�St W /�� f e ';� 'i ti f ' 'v I i ED z - � �� Y�a� f Y n ,. i SW 7th St YY..\ rtki$.,15 y \\ a SW GtodY Wo,, Renton Yllo � 'Z h ��Y 'i��� ��� u�.z ?7 . ,U '�� 'Rentao' \,.004 1 ..,� ® ° ' :.>r ��.,e 3o S Mare yam, it-,-,rb =' �G I Q� N I i 1 \ —J Ln - ? A SE:166th St 7�1 8yy� I SW 34th St _ J I o I 1 J 1 Sty Pelro�lsky Rd Z' ' SW 41st SL , ��'— \ /-\ j ` SW 4.3rd St AS 4 0 i; PDIt r I LAKE DESIRE �1 \ ,a I I r yF , i< // .p , I SHADY LAKE?ti , S KENT t I N i �t(✓ c h ^VS Y`tNt"95' L tr4 3 < I 1 .�2: �[ ✓ "'x\ LnKE}'Doves , 1: . � i sE 2aacn s � �,2Daih st = - n RENTON MUNICIPAL CODE 0 5280' 10560' `'41 s Zone 1 Zone 1 Modified Zone 2 1" = 1 MILE City Limits ORDINANCE NO. 4992 _ _ _ _ EXHIBIT 2 _ r-�--- - -I I G) 0 G)4. ii m m m 0 0 o 00 �- --7'CO a -, 5_1 ca' m a y sv iv o c m m v. �. o ci ci ci v v C n = a. m- — 00 -, :. u) o = o m o o c 0c 0 . v `< �< 2coco Cco as a . = = 3 cD `� n vi �. o na n m cD n► c c c 0 -+ -.4 m O m- n K O� 7 A _ CD CD N CD N = n N iv a -n m (0 r- m v 3 °' m u v C m 0 -o 0 = m m a c� o f < 3 3 0 m 0xi 5 = o v w' N O 0 0 v cn cn cn w m A — cr, 0 -0 c0 = 0 y L, a 7c 7C = o o W 7 C o w u' g o o �7 Z 0 v 3 N , 5 v 3 CO m 5 o 3 c co SD 3 co voi z o a) 0 - O. 3 z G CD ° m am �. 0ac,, o < cD -i > 3 3 CD cn -0 91 (n v Z N 3 co Z 'p 'D CD D� 0 p �. (D = O' er.. G) < "0 CD U)CD -I cn =► Cg la n) !n -+ g. -„ aa-F O 3 o a1 CD C) �< m 3 o 0 Dci) u)3 —DI N 3 2 3 O Z v _� CD 3 CO C 7 O fD 0 ii N = .z.. n a 3 O • i N cc°n to cn D + 0 Fsn K = cD CD cn O O 2 -CO m `� TYPE OF APPLICATION/ m an ` PERMIT cn o0 N IQ N O — Demolition 03 0 N cn PFr 1 .1 _ --1 _ N -� 1 _ _N 1 N Grading/Fill Nf—f—f— r rif- 1 FF Manufactured Home in �' Manufactured Home Park rj ...__- - - _ f-r_l_ F I f- -ri ri ri-- Manufactured Home c N Outside of Manufactured `� Home Park Multi- N Hof]w o N cn P .P N NHIvFF1.1.1,,ii. w Family/Commercial/Indust- " " rial New or Additions _3 FFFFTFFFFFFJ N, FTMTT Interior Remodel Industria/ [[[j [[[[ [j [[[F] FF_ Pool/Spa TftftftFftrTftftftF. Sign 1 N N N Single Family/Duplex New N v 1 N N or Additions - N Single Family/Multi-Family o Interior Remodel ORDINANCE NO. 4992 _ _ NIT- 2- __ © c cncncncncncncncncov) m7) -u Kgrr cn co cn N. ' . h f D -8 c 2 Oc N N N (l i2 0 -n, 8 n p c (D N ma) 5 C (0 m CD CD = m O a o - -0 -0 -0 - m Z. m 0. CD m' 3 3 c N a- oD 3 n ncnu) `� c v -, -, m v v m 5• ai _ = 11) aD m (D 0 « v v Cu C� 3 * > (0 `< o �, ca 13 0j , co 0 -�-1 (D (D n N N (- `G ET ET N (D 5 O O N O (� 0 N cD (D (0 r " i 0 < c r- v = 0 rn m �' 3 a K 0 4_ 0 2) e F cn m 7 (7 v 0 a 'a 9) h C v = C 0 N - 3 M m o o v = n 2 o v -�ill =: 0 e = `� c 5 0 6 (D N 0 = 3 p)' O O,, O •-. -- (n 3 n� '< W m can - = m m c CD v r 7 7 (D v 0 J -,' N - ^ (D E r o v) c0 0 a Cl) v c .� o m 0 CU CD c : = — x v . o a `- a 0' cn a cu v 7 0 Ilk (D OO) m • 'O 0 c c ] m N N 2 h r_ 3 Q- W o 3 0 CD 3 -DI ai-� _ 8 _. 8 co 7 > a O rt o D 0. 3 ? 0 O v a, a O; O n. (a - *► N '0 V1 N O > > v � --1 a TYPE OF APPLICATION/ 1 PERMIT m .p N N 0 N Demolition co T[+JFL]TJ NGrading/Fill NN i Manufactured Home in 1 rManufactured Home Park Manufactured Home 1 FF] H FFFFFF Outside of Manufactured Home Park Multi- rn L w w ]c.n] .. w COFamily/CommerciaUlndust- `� rial New or Additions [FIT m - FFFF FF1 FFFJIFFT ]— Commercial/Industrial J— Interior Remodel LT I_a.FNNW a[J TftiTFFiri 1 TfT Pool/Spa �_ 1 Tr1FiTFFFFiTiTftftft Sign c N c N IN) , FFFiN Single Family/Duplex New 1 -- �- or Additions - 13_1 1 ri _ 1N Single Family/Multi-Family Interior Remodel ORDINANCE NO. 4992 ..w EXHIBIT 2 Table 4-8-120.6 Legend a. Required for any alteration of exterior of(heated) building envelope. b.When required by Section 1804(Foundations and Retaining Walls)of the UBC. c. Required for installation of a new furnace or a replacement of greater size. d. Not required for pools/spas/hot tubs to be installed within an existing building. e. Required for structural changes only. f. Required for food service establishments only. g. Required only for public pools/spas/hot tubs(not required for single family or duplex pools/spas/hot tubs). h. Required for duplexes only. i. Required for other than conventional construction. j. Required only if trade-off option is being used for compliance. k. For multi-family, one per building. I. Not required for additions. m. Not required for multi-family projects. n. For restaurants and any construction project involving work in the right-of-way,four(4)copies are required. o. Required only when project is located in an Aquifer Protection Area and 1)construction vehicles will be refueled on site and/or 2)the quantity of hazardous materials that will be stored,dispensed, used, and handled on the construction site, exclusive of the quantity of hazardous materials contained in fuel or fluid reservoirs of construction vehicles,will exceed twenty(20)gallons. Weight of solid hazardous materials will be converted to volumes for purposes of determining whether de minimus amount is exceeded. Ten(10) pounds shall be considered equal to one gallon. p. Required only when project is located in an Aquifer Protection Area. The number of copies(if any)is indicated in each column unless waived by the Development Services Division 'Editor's Note: This table has been split into 2 tables for display purposes. See printed volume for full table. TABLE 4-8-120.0 December 9,2002 ` ✓ Renton City Council Minutes `oe Page 473 Ordinance#4989 An ordinance was read establishing the property tax levy for the year 2003 for Finance: 2003 Property Tax both general purposes and for voter approved bond issues. MOVED BY Levy NELSON, SECONDED BY CORMAN,COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#4990 An ordinance was read amending Chapter 4,City-Wide Property Development Planning: Employment Area Standards,of Title IV(Development Regulations)of City Code to allow a Valley,Freestanding Sign freestanding sign height of 115 feet,for big-box retail developments of 350,000 Code Amendment square feet in building area or more, in the Employment Area Valley. MOVED BY KEOLKER-WHEELER, SECONDED BY CORMAN,COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#4991 An ordinance was read amending Chapter 3,Environmental Regulations and Planning: Urban Center Overlay Districts,of Title IV(Development Regulations)of City Code to apply Design Overlay Regulations, Urban Center Design Guidelines to multi-family projects of two to four units, Application to Small Multi- and to properties rezoned from Commercial Office(CO)to Center Downtown Family Projects (CD)and Residential Multi-Family Urban(RM-U)as a result of the South Renton Neighborhood Plan. MOVED BY KEOLKER-WHEELER, SECONDED BY CORMAN,COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#4992 An ordinance was read amending Section 4-3-050 of Chapter 3,Environmental Utility: Aquifer Protection Regulations and Special Districts; Section 4-4-060 of Chapter 4,Property Code Amendments Development Standards; Section 4-8-120 of Chapter 8, Permits and Decisions; and Section 4-9-015 of Chapter 9,Procedures and Review Criteria;of Title IV (Development Regulations)of City Code by amending aquifer protection regulations. MOVED BY BRIERE, SECONDED BY CORMAN,COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Stating that she attended the Maplewood Glen neighborhood sign dedication, Development Services: Councilwoman Keolker-Wheeler reported a problem concerning the blockage Temporary Signs Obscuring of the new neighborhood sign by temporary real estate signs. MOVED BY Established Neighborhood KEOLKER-WHEELER,SECONDED BY BRIERE,COUNCIL REFER THE Signs ISSUE OF TEMPORARY SIGNS NEAR ESTABLISHED NEIGHBORHOOD SIGNS TO THE PLANNING&DEVELOPMENT COMMITTEE. CARRIED. Citizen Comment: Fagan— Councilman Clawson noted the receipt of a letter from Rick Fagan,Director of Temporary Office Space Fagan Recovery Solutions,23220 Maple Valley Hwy., Suite 204,Maple Donation Valley,98038,concerning the recent closing of the Cedar Hills Substance Abuse Treatment Center due to King County's budgetary constraints. Mr. Fagan reported that while he is negotiating with King County to acquire the facility, temporary office space is needed; and he requested that the City donate temporary office space. Responding to Councilman Clawson's inquiry, Mayor Tanner reported that Community Services Administrator Jim Shepherd will respond to Mr. Fagan's letter informing him of the City's inability to provide the office space; however, he commended Mr.Fagan on his efforts to continue the treatment center. Councilwoman Keolker-Wheeler suggested that the Economic Development, Neighborhoods and Strategic Planning Department may be able to assist Mr. Fagan in obtaining an office space donation. December 2,2002 444., Renton City Council Minutes Page 462 PARKER, SECONDED BY CORMAN,COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/09/2002. CARRIED. Planning: Employment Area An ordinance was read amending Chapter 4, City-Wide Property Development Valley,Freestanding Sign Standards,of Title IV(Development Regulations)of City Code to allow a Code Amendment freestanding sign height of 115 feet,for big-box retail developments of 350,000 square feet in building area or more,in the Employment Area Valley. MOVED BY KEOLKER-WHEELER, SECONDED BY CORMAN,COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/09/2002. CARRIED. Planning: Urban Center An ordinance was read amending Chapter 3,Environmental Regulations and Design Overlay Regulations, Overlay Districts, of Title IV(Development Regulations)of City Code to apply Application to Small Multi- Urban Center Design Guidelines to multi-family projects of two to four units, Family Projects and to properties rezoned from Commercial Office(CO)to Center Downtown (CD)and Residential Multi-Family Urban(RM-U)as a result of the South Renton Neighborhood Plan. MOVED BY KEOLKER-WHEELER, SECONDED BY BRIERE,COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/09/2002. CARRIED. Utility: Aquifer Protection An ordinance was read amending Section 4-3-050 of Chapter 3,Environmental Code Amendments Regulations and Special Districts; Section 4-4-060 of Chapter 4,Property Development Standards; Section 4-8-120 of Chapter 8,Permits and Decisions; and Section 4-9-015 of Chapter 9,Procedures and Review Criteria; of Title IV (Development Regulations)of City Code by amending aquifer protection regulations. MOVED BY BRIERE, SECONDED BY CORMAN,COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/09/2002. CARRIED. The following ordinance was presented for second and final reading and adoption: Ordinance#4988 An ordinance was read providing for the 2002 year-end Budget adjustments in Finance: 2002 Year-End the amount of$8,263,407. MOVED BY NELSON, SECONDED BY Budget Adjustments CORMAN,COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Council President Nelson opened nominations for 2003 Council President. Council: 2003 Council MOVED BY PERSSON, SECONDED BY CORMAN,COUNCIL ELECT President Election(Keolker- COUNCILWOMAN KEOLKER-WHEELER AS COUNCIL PRESIDENT Wheeler) FOR 2003. CARRIED. Council: 2003 Council Council President Nelson opened nominations for 2003 Council President Pro President Pro Tern(Persson) Tern. MOVED BY KEOLKER-WHEELER, SECONDED BY CORMAN, COUNCIL ELECT COUNCILMAN PERSSON AS COUNCIL PRESIDENT PRO TEM FOR 2003. CARRIED. Community Services: Library MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL REFER Staffing,Non-Resident THE FOLLOWING TOPICS TO THE COMMUNITY SERVICES Recreation Fees,Human COMMITTEE: 2003 LIBRARY STAFFING, 20%NON-RESIDENT Services Funding RECREATION FEES INCREASE,AND THE HUMAN SERVICES FUNDING REQUEST BECAUSE OF KING COUNTY CUTBACKS. CARRIED. , "''ecember 2,2002 Now Renton City Council Minutes `'iv Page 461 $3,112,154.54, and that the Mayor and City Clerk be authorized to execute the contract. MOVED BY PARKER, SECONDED BY CLAWSON,COUNCIL CONCUR IN THE COMMITTEE REPORT.* In response to Councilwoman Keolker-Wheeler's inquiry regarding the completion date,Chief Administrative Officer estimated that Fire Station#12 will be constructed by the end of 2003 or early 2004. *MOTION CARRIED. Utilities Committee Utilities Committee Chair Briere presented a report recommending concurrence Utility: Aquifer Protection in the recommendation of staff that the Council adopt the proposed Code Amendments amendments to the City's aquifer protection regulations. The Committee \'\C further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 462 for ordinance.) Planning & Development Planning and Development Committee Chair Keolker-Wheeler presented a Committee report regarding the proposed Urban Center Design Overlay Regulation Code Planning: Urban Center amendments. The Committee recommended that the Code amendments be Design Overlay Regulations, approved and the ordinance regarding this matter be presented for first reading. Application to Small Multi- MOVED BY KEOLKER-WHEELER, SECONDED BY BRIERE,COUNCIL Family Projects CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 462 for ordinance.) Planning: Employment Area Planning and Development Committee Chair Keolker-Wheeler presented a Valley,Freestanding Sign report regarding the proposed large freestanding Sign Code amendments in the Code Amendment Employment Area Valley. The Committee reviewed the proposed amendments and associated issue papers and exhibits on November 7,2002. There was a public hearing held on November 18, 2002,and public hearing comments were closed on December 2, 2002,after the State Environmental Policy Act(SEPA) process was completed. The Committee recommended that the Code amendments be approved and that the ordinance regarding this matter be presented for first reading. MOVED BY KEOLKER-WHEELER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 462 for ordinance.) ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS Resolution#3604 A resolution was read approving the Geneva Court Final Plat consisting of Plat: Geneva Court,Talbot Rd approximately 3.63 acres located in the vicinity of 5310 Talbot Rd. S. (FP-02- S (FP-02-114) 114). MOVED BY KEOLKER-WHEELER, SECONDED BY BRIERE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3605 A resolution was read authorizing the Mayor and City Clerk to enter into an Transportation: Freight Action agreement with the Freight Action Strategy(FAST)Partnership,Phase II, Strategy(FAST)MOU entitled "Memorandum of Understanding Among the Principal Parties of the FAST Corridor." MOVED BY PERSSON, SECONDED BY KEOLKER- WHEELER,COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 12/09/2002 for second and final reading: Finance: 2003 Property Tax An ordinance was read establishing the property tax levy for the year 2003 for Levy both general purposes and for voter approved bond issues. MOVED BY Date /a- -c2oo..1 UTILITIES COMMITTEE COMMITTEE REPORT December 2, 2002 AQUIFER PROTECTION CODE AMENDMENTS (Referred August 19, 2002) The Utilities Committee recommends concurrence in staff's recommendation that the Council adopt the proposed amendments to the City's Aquifer Protection Regulations. The Committee further recommends that the ordinance regarding this matter be presented for first reading. \46.41., Terri Brier Chair athy K lker-Wheeler,Vice Chair �,//` ,kandy Corm ,Member cc: Lys Hornsby Abdoul Gafour Carolyn Boatsman C:\WINDOWS\TEMP\CommitteeReport2.doc\\CB:If NNW Nage RENTON CITY COUNCIL Regular Meeting December 2, 2002 Council Chambers Monday, 7:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Jesse Tanner led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF TONI NELSON,Council President;RANDY CORMAN; DON PERSSON; COUNCILMEMBERS KING PARKER;TERRI BRIERE; KATHY KEOLKER-WHEELER;DAN CLAWSON. CITY STAFF IN JESSE TANNER,Mayor;JAY COVINGTON,Chief Administrative Officer; ATTENDANCE ZANETTA FONTES,Assistant City Attorney;BONNIE WALTON, City Clerk; GREGG ZIMMERMAN,Planning/Building/Public Works Administrator; ABDOUL GAFOUR,Water Utility Supervisor; CAROLYN BOATSMAN, Aquifer Protection Specialist;JIM SHEPHERD,Community Services Administrator;LESLIE BETLACH,Parks Director; VICTORIA RUNKLE,Finance&Information Services Administrator;ELAINE GREGORY,Fiscal Services Director; SYLVIA DOERSCHEL,Finance Analyst Supervisor;MIKE WEBBY,Human Resources Administrator;ALEX PIETSCH,Economic Development Director; GIL CERISE, Senior Planner; DEREK TODD,Assistant to the CAO; ACTING COMMANDER TIMOTHY TROXEL,Police Department. PUBLIC HEARINGS This being the date set and proper notices having been posted and published in Utility: Aquifer Protection accordance with local and State laws,Mayor Tanner opened the public hearing Code Amendments to consider the proposed Aquifer Protection City Code amendments. Carolyn Boatsman, Aquifer Protection Specialist,explained that the amendments reflect current priorities and are based upon both improved knowledge gained from scientific study and experience in implementing the Aquifer Protection Program. She reviewed the history of the program, and noted that the highest risks to the aquifer have been substantially addressed over the past 20 years. Ms. Boatsman summarized the proposed amendments as follows: • A new Aquifer Protection Zone will be created, called Zone 1 Modified. • A Zone 2 area would be designated for Springbrook Springs,thus bringing it into the regulatory system that is currently applicable to other drinking water sources in the City. • New exemptions will be created for facilities and substances that have been found to present little risk to the aquifer. • Facility closure requirements will change. ➢ Closure permits would be required,not only when a facility is closed down,but when it is sold. ➢ Property owners, as well as business owners, would be liable for obtaining a closure permit. ➢ Closure permits would no longer be required in Zone 2. December 2,2002 err, Renton City Council Minutes r..r Page 457 • Facility owners would be required to take appropriate actions if a contaminant is found in a monitoring well located on the facility property. In conclusion,Ms. Boatsman stated that adoption of the proposed amendments would improve aquifer protection and facilitate Code implementation. In response to Councilman Persson's inquiry regarding determining the source of a contaminant,Ms. Boatsman explained that there is an existing Code provision that would exempt the business owner from responsibility if the owner can demonstrate that a contaminant found in their monitoring well does not originate on their property. Responding to Councilman Parker's question, Ms. Boatsman confirmed that not many businesses are located in the proposed Zone 1 Modified. Audience comment was invited. There being none, it was MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. (See page 461 for related Planning&Development Committee report.) Planning: Urban Center This being the date set and proper notices having been posted and published in Design Overlay Regulations, accordance with local and State laws,Mayor Tanner opened the public hearing Application to Small Multi- to consider the Urban Center Design Guideline Code amendments. Family Projects Gil Cerise, Senior Planner, stated that the proposed City Code amendments will apply existing design guidelines to two-to four-unit multi-family projects; apply design guidelines to the overlay district for properties formerly zoned Commercial Office(CO),now zoned Center Downtown(CD) and Residential Multi-Family-Urban(RM-U); and correct a scriveners error in the Urban Center Design Guideline section in City Code. In regards to the applicability of the guidelines to small-scale multi-family projects,Mr. Cerise explained that existing Code exempts all SEPA-exempt (State Environmental Policy Act)projects from the Urban Center Design Guidelines. He noted that SEPA exempts all multi-family projects of four or fewer dwelling units; and the South Renton Neighborhood Plan,particularly with the creation of the Residential Multi-Family-Traditional (RM-T) zone, forecasted small-scale development. Indicating that the existing situation allows poor quality small-scale multi-family developments to mix with higher quality,large-scale multi-family development, Mr. Cerise explained that staff recommends removing the Code Section that exempts SEPA-exempt projects from the design guidelines. In regards to extending the Urban Center Design Guidelines to the entire CD zone,Mr. Cerise stated that the South Renton Neighborhood Plan rezoned CO properties to the CD and RM-U zones. Previously, design guidelines were not applicable because there were no residential units allowed in the CO zone. Pointing out that since it is now possible to have residential multi-family dwelling units in that area,Mr. Cerise stated that staff recommends correcting the oversight to incorporate the design guidelines in the newly rezoned CD and RM-U properties located north of S. Grady Way. He concluded by stating that staff recommends Council adopt the proposed amendments. Audience comment was invited. There being none, it was MOVED BY PARKER, SECONDED BY NELSON,COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. (See page 461 for related Planning&Development Committee report.) NNW Aquifer Protection Code Amendments Reasons to Amend Code Experience implementing code and more recent scientific information lead to cY changing priorities. •Improve aquifer protection PROTECT OUR AQUIFER •Improve code implementation Public Hearing—December 2,2002 I Background Highest Risks Substantially Addressed Over 20 years •Beginnings 20 years ago •Gas stations closed/relocated •Concrete batch plant and operations facility relocated •Sanitary sewers replaced near wells •Spills of hazardous materials on I-405 contained •Stormwater runoff diverted in Zone 1 Ordinance Adopted 1992; Proposed Code Amendments 1998 Amendments: •New zone type: Zone 1 Modified •Changed allowable amount of hazardous ■Designate additional Zone 2 materials in Zone 1 to 500 gallons(from 20) •Add exemptions •Amend closure requirements •Added fill quality standards •Clarify facility owner/operator responsibility for contamination •Banned tetrachloroethylene 5 6 1 Reasons for Zone 1 Modified `j : •Need a zone type to protect high-priority source that has partial geological protection } <� •No protection area currently designated for ` Maplewood Wellfield; Protection area for t ,i Springbrook Springs outdated •Protects 1-year groundwater travel time How is Zone 1 Modified Reasons for Designating Zone 2 Different from Zone 1? for Springbrook Springs •Allows existing hazardous materials to •Stronger position to negotiate protection remain,500 gallon limit on new facilities with neighboring jurisdictions • Stormwater infiltration allowed •Land in designated area would become part of Zone 2 if annexed •Pipeline specifications not in effect (No immediate regulatory effect.) 9 10 Additional Hazardous Materials Facility Closure Process Use Exemptions •Equipment fuel tanks and fluid reservoirs ■Closure permit required for business sale •Aerosol cans •Residential-type facilities •Property owners as well as business owners ■Janitorial products liable for obtaining closure permit •Personal care products •Closure permit no longer required Zone 2 11 12 2 Noe' • � Responsibility for contamination Recommendation ■Facility owner/operator required to take appropriate action if contaminant found in •The Water Utility recommends adoption of monitoring well on property these amendments to improve aquifer protection and code implementation. •Determine source •Clean up U 1. 3 U' (CY 1C)� Public Hearing Handout December 2,2002,City Council Chambers, 7:30 PM PROPOSAL: The Water Utility proposes to amend aquifer protection regulations in order to improve aquifer protection and reduce regulations, where appropriate. These amendments reflect current priorities and are based upon both improved knowledge gained from scientific study and experience in implementing the aquifer protection program. SUMMARY: Proposed amendments are listed below. Further information can be obtained by contacting Carolyn Boatsman,Aquifer Protection Specialist, at 425-430-7211 or cboatsman@ci.renton.wa.us. 1) A new Aquifer Protection Zone called Zone 1 Modified would be created. It would protect groundwater quality in the one-year groundwater capture zone for the Maplewood Wellfield and Springbrook Springs. No protection zones for these high-priority water sources currently exist. Regulations that would be in effect in the new zone would be less stringent that those in Zone 1 because the sources are partially protected by impermeable earth layers. 2) Springbrook Springs would be brought into the regulatory system that is currently applicable to other drinking water sources in the City. This would provide regulatory consistency across all water sources and we would be able to delete RMC 4-3-105, an outdated section of the City code. A Zone 2 area would be designated for Springbrook Springs. 3) New exemptions are proposed for facilities and substances that have been found, during ten years of conducting a facility inspection program,to present little risk to the aquifer. The exemptions include: a) Hazardous materials in fuel tanks and fluid reservoirs attached to private or commercial equipment and used directly in the operation of that equipment. b) Substances in aerosol cans. c) Substances stored at multi-family dwellings and other multi-occupant facilities when used by owners and/or operators of such facilities for on-site operation and maintenance purposes. d) Substances used for janitorial purposes or personal care at the facility where the products are stored. *NO *000 { , 4) Closure permits would be required not only when a facility is closed down but when it is sold. This provides a means of determining before a current owner/operator departs that the site is left free of contamination. 5) Property owners, as well as business owners,would be liable for obtaining a closure permit. This gives the City additional protection from abandoned facilities. It is consistent with the original intent of the Code,which was to require both the property and business owner to be held responsible for hazardous materials at a site in the APA. 6) Closure permits would no longer be required in Zone 2. There are many other mechanisms in place that result in the existence of a contaminated site being brought to the attention of regulatory authorities(e.g.real estate transactions,identification of illegal activity by property managers,regulatory agency inspection/outreach, and citizen complaints). The level of concern for aquifer protection in Zone 1 is consistent with requiring a closure permit but in Zone 2 it would be sufficient to rely on other mechanisms including our annual site inspection. The closure process is potentially expensive and time- consuming for the business owner and,in all cases to date,the site has been found to be clean. 7) Facility owners would be required to take appropriate actions if a contaminant is found in a monitoring well located on facility property. Such actions would include determining the on-site source of the contamination and cleaning up environmental pollution. Current regulations require the owner to take action only if the contaminant is listed in the inventory of chemicals stored on the premises. We need authority to require appropriate action to be taken to remedy contamination associated with all operations at a regulated facility.An existing code provision allows that an owner is not responsible for remediation if they can provide acceptable technical data showing that their facility is not responsible for specific contamination. RECOMMENDATION: It is recommended that the City Council adopt aquifer protection code amendments to align the regulations with current aquifer protection priorities. prow CITY OF RENTON NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 2nd day of December, 2002, at 7:30 p.m. as the date and time for a public hearing to be held in the seventh floor Council Chambers of Renton City Hall, 1055 S. Grady Way, Renton, WA 98055, to consider the following: Aquifer Protection Code Amendments All interested parties are invited to attend the hearing and present written or oral comments regarding the proposal. Renton City Hall is in compliance with the American Disabilities Act, and interpretive services for the hearing impaired will be provided upon prior notice. For information, call 425-430-6510. m J. C}ae Bonnie I. Walton City Clerk Published South County Journal November 22, 2002 Account No. 50640 November 18,2002 '""nt'' Renton City Council Minutes Novo Page 440 85-011,Addendum 5); Lane Hangar Condo(LAG-99-003,Addendum 1); and NW Seaplanes, Inc. (LAG-91-005, Addendum 7). Council concur. Utility: Public Works Fees Utility Systems Division submitted proposed increases to eleven public works fees pertaining to water meter installation, sewer and storm water construction permits, and release of easements. Refer to Utilities Committee. Utility: Kennydale Sewer Infill Wastewater Utility Division recommended authorization to transfer$300,000 Project,Fund Transfer from Wastewater accounts to the Sanitary Sewer Main Extension Account No. 45000 to cover unanticipated costs as part of the Kennydale Sewer Infill Phase I project. Refer to Utilities Committee. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE Correspondence was read from Roderick Williams, 11919 Renton Ave. S., Citizen Comment: Williams— Seattle, 98178,requesting connection to City sewer service for three parcels Sewer Connection Request for located outside the City limits in the vicinity of 80th Ave. S. and S. 130th St. Property Outside City Limits MOVED BY BRIERE, SECONDED BY KEOLKER-WHEELER, COUNCIL REFER THIS CORRESPONDENCE TO THE UTILITIES COMMITTEE. CARRIED. Added Petition submitted by Steven A. Beck,4735 NE 4th St., Renton,98059, Citizen Comment: Beck- requesting the City authorize and arrange an annexation election for the Bales Bales Annexation, SE 128th St Annexation; 8.5 acres along the eastern limits of the City at SE 128th St. and 155th Ave. SE, if extended. The petition is signed by Irvin Leifer, 15325 SE 128th St.,Renton,98059, one of four residents residing within the proposed annexation area. MOVED BY PARKER, SECONDED BY BRIERE, COUNCIL REFER THIS PETITION TO THE ADMINISTRATION. CARRIED. Citizen Comment: Beck-Falk Petition submitted by Steven A. Beck,4735 NE 4th St., Renton, 98059, Annexation, S 47th St requesting the City authorize and arrange an annexation election for the Falk Annexation; 6.43 acres abutting the southwest corner of the intersection of S. 47th St., in Renton, and 102nd Ave. SE, in King County. The petition is signed by Janet L. Abubakar, 18415 102nd Ave. SE,Renton, 98055, one of two residents residing within the proposed annexation area. MOVED BY PARKER, SECONDED BY PERSSON, COUNCIL REFER THIS PETITION TO THE ADMINISTRATION. CARRIED. OLD BUSINESS Planning and Development Committee Chair Keolker-Wheeler presented a Planning & Development report regarding the proposed Urban Center Design Overlay Regulations City Committee Code amendments. The Committee reviewed the matter and associated issue Planning: Urban Center paper on November 7,2002. The Committee recommended that a public Design Overlay Regulations, hearing be set on December 2,2002,to consider the matter, and an ordinance Application to Small Multi- be drafted for consideration at that time. MOVED BY KEOLKER- Family Projects WHEELER, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utilities Committee I Utilities Committee Chair Briere presented a report regarding the aquifer Utility: Aquifer Protection protection City Code amendments. The Committee recommended that a public Code Amendments hearing be set on December 2, 2002, to consider the proposed amendments to 1 the City's aquifer protection regulations. MOVED BY BRIERE, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. 41.00. UTILITIES COMMITTEE Date /J® Jr-kW COMMITTEE REPORT November 18, 2002 AQUIFER PROTECTION CODE AMENDMENTS (Referred August 19, 2002) The Utilities Committee recommends that a public hearing be set for December 2, 2002, on proposed amendments to City aquifer protection regulations. • \j Terri Brier ,Chair Kathy K olker-Whe- er,Vice Chair jo Randy Corman,Member cc: Lys Hornsby Abdoul Gafour C.\WINDOWS\TEMP\Commi tteeReport 1.doc\CB:I f 'ao August 19,2002 Nirovvoi Renton City Council Minutes`" Page 332 CAG: 02-120, Springbrook City Clerk reported bid opening on 8/13/2002 for CAG-02-120, Springbrook Springs Watershed Property Springs Watershed Property Fencing Installation;two bids; engineer's estimate Fencing Installation, F&H $59,312.32; and submitted staff recommendation to award the contract to the Fence Co low bidder,F&H Fence Co.,Inc.,in the amount of$54,270.80(budgeted amount$50,000). Refer to Utilities Committee for discussion of funding. Council: Referendum 51 Planning/Building/Public Works Department recommended adoption of a (Statewide Ten-Year resolution in support of Washington State's Referendum 51 (Engrossed Transportation Funding Plan) Substitute Senate Bill 6347), to be placed on the November 2002 ballot, which is for the funding of statewide transportation projects including an SR-167 Corridor Study,improvements to increase capacity of I-405 in Renton,and completion of HOV lanes on SR-167. Council concur. (See page 333 for resolution.) Utility: Sunnydale Surface Water Utility Division requested authorization to use$27,918.08 from Downstream Storm System the Misc./Emergency Storm Projects 421 Account for Change Order#1 to Replacement,Harborside Inc, CAG-02-Q96,Sunnydale Downstream Storm System Replacement contract,due CAG-02-096 to a change in the site condition that requires the repair of an erosional scar. Council concur. Utility: Aquifer Protection Utility Systems Division submitted proposed amendments to City Code related Code Amendments to aquifer protection which will align the regulations with current aquifer C, protection priorities. Refer to Utilities Committee. Utility: Maplewood Pump • Utility Systems Division requested authorization to use funds in the amount of Station Emergency Roof $40,000 from the Emergency Response Projects Account to contract for the Replacement emergency replacement of the Maplewood Pump Station roof prior to the start of rainy season. Council concur. MOVED BY NELSON,SECONDED BY CORMAN,COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE A letter was read from Andrea&Bill Smith,3111 Smithers Ave. S.,Renton, Citizen Comment: Smith- 98055,describing an incident involving a vicious dog in their neighborhood, Dangerous Dog Ordinance and asking Council to adopt a dangerous dog ordinance that protects citizens. MOVED BY CLAWSON,SECONDED BY BRIERE,COUNCIL REFER THIS CORRESPONDENCE TO THE PUBLIC SAFETY COMMITTEE. CARRIED. OLD BUSINESS Finance Committee Chair Parker presented a report regarding the Downtown Finance Committee Parking Garage security system installation. The Committee concurred with CAG: 01-201,Downtown the staff recommendation to authorize the Administration to execute a Parking Garage, Security construction change order to CAG-01-201,Downtown Parking Garage System Installation construction contract with E. Kent Halvorson, to install a surveillance/security system. The amount of the change order is$79,157.74. The budget for this change order is$75,000;therefore,$4,157.74 will be used from the project's construction contingency reserve,estimated at$418,000. MOVED BY PARKER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utilities Committee Utilities Committee Chair Briere recommended concurrence in the CAG: 00-098,WA City& recommendation of the Planning/Building/Public Works Department that County Pipeline Safety Council approve the amendment for the one-year renewal of the Washington Consortium City and County Pipeline Safety Consortium interlocal agreement(CAG-00- 098), and authorize the Mayor and City Clerk to execute the amendment. CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: . August 12, 2002 TO: Toni Nelson, President City Council Members VIA: Mayor Jesse Tanner FROM: Gregg Zimmerman, AdministratiJ STAFF CONTACT: Carolyn Boatsman X7211 SUBJECT: Title 4 Amendments Related to Aquifer Protection ISSUE: The Water Utility has drafted aquifer protection code amendments based upon improved scientific knowledge, current priorities, and knowledge gained from implementing the aquifer protection program. Proposed amendments will improve aquifer protection and reduce regulation. RECOMMENDATION: It is recommended that the City Council adopt aquifer protection code amendments to align the regulations with current aquifer protection priorities. BACKGROUND SUMMARY: Please see the following attached documents: • Summary of Current Aquifer Protection Regulations. • Explanation of Aquifer Code Amendments. • Amendments to Aquifer Protection Regulations (strikeout/delete text). CONCLUSION: It is recommended that proposed amendments be referred to the Utilities Committee for review and recommendation to the full Council. H:\File Sys\WQA-Water Quality\WQA-02-Aquifer Protection\Code Amendments\lssuePaper2002.doc\CB:If Summary of Current Aquifer Protection Regulations August 2002 Aquifer protection regulations are in effect in the Aquifer Protection Area (APA-map attached). The APA includes the part of the capture zones for downtown wells and Well 5A that lie within City limits. The APA for downtown wells is divided into two zones: Zone 1 is the area between the wellfield and the one-year groundwater time-of-travel contour. Zone 2 is the area between the one- year boundary and the City limits. The APA designated to protect Well 5A does not include a Zone 1 since the well is very deep and not highly susceptible to contamination. Hazardous Material Restrictions Limited in Zone 1: • Hazardous materials limited to 500 gallons at one facility. In effect now for new facilities. Existing facilities have until October 14, 2002 to reduce their hazardous materials inventories or close/relocate. Banned in Zone 1: • Tetrachloroethylene (dry-cleaning fluid) (Note: The term"hazardous material"is defined per the Uniform Fire Code and Occupational Safety and Health Administration rules. A classification system is used to determine whether chemicals are in a hazard category. Included are physical hazards (e.g. explosives,compressed gases, flammable and combustible liquids,oxidizers, and organic peroxides)and health hazards (e.g. toxic substances,corrosives,carcinogens, and irritants)). Land Use Restrictions Prohibited in Zone 1: • Underground storage tanks containing hazardous materials Prohibited in Zones 1 and 2: • New on-site sewage disposal systems(Existing in Zone 1 required to connect;New allowed in Zone 2 if sanitary sewer unavailable) • New solid waste landfills and transfer stations • Hazardous waste treatment, storage, and disposal facilities or recycling facilities • New petroleum product pipelines 1 (Note: The Water Utility has authority to review any proposed use in the APA and assess whether aquifer water quality is likely to be impacted. With justification, a proposed use that is likely to 4400 degrade groundwater quality may be denied.) Regulation of Facilities Handling and Storing Hazardous Materials Regulations are the same in Zones 1 and 2 with minor exceptions. Purpose: To ensure that hazardous materials are handled in a manner that prevents their release to the environment and subsequent contamination of the aquifer. Annual Operating Permit: Required of facilities located in the APA if more than 20 gallons of liquid hazardous materials (200 pounds solid)are on premises. No fee. Annual inspection to confirm compliance. Permit can be suspended or revoked. Program Status/Description: The approximately 100 facilities that are subject to Operating Permit requirements have complied and obtained their permits. No permits have been suspended or revoked to date. Operating Permit requirements: 1. Annual Operating Permit application 2. Annual Hazardous Materials Inventory Statement 3. Secondary containment of hazardous materials , 4110 4. Monitoring of hazardous material storage areas 5. Spill response capability 6. Spill reporting 7. Legal hazardous waste disposal and record keeping 8. Employee training 9. Complying with pesticide reporting requirements and fertilizer application limits/reporting requirements 10. Obtaining and complying with requirements of a Closure Permit when closing the facility 11. Zone 1 only: Facilities that were in existence when the regulations were adopted may be required by the City, according to specific criteria,to monitor groundwater,pave sites subject to contamination, and improve stormwater management. Construction Activity Standards Standards apply if construction vehicles will be refueled on a construction site and/or the quantity of hazardous materials that will be used or stored on the site, exclusive of the quantity of hazardous materials contained in fuel or fluid reservoirs of construction vehicles,will exceed 20 gallons. 2 Now vale Persons obtaining construction permits must first provide information to the Department regarding *+- the types and quantities of hazardous materials that will be on site and then use best management practices to prevent and respond to spills. Fill Quality Standards and Imported Fill Source Statement Fill quality standards prohibit contaminants that exceed Model Toxics Control Act Cleanup levels throughout the City. An Imported Fill Source Statement is required for any project in Zone 1 where more than fifty yards of imported fill will be brought to the site. It is required in Zone 2 if more than 100 yards will be imported. A summary of information that must be provided in the fill source statement is provided below: 1. Source location of imported fill 2. Previous land uses of the source location 3. Whether or not fill to be imported is native,undisturbed soil 4. Whether or not the source location appears on government lists of contaminated sites 5. Results of sampling and analysis of fill to be imported 6. Whether or not fill meets quality standards A source statement is not required for fill material obtained from a Washington Department of Transportation approved source. Sampling and analysis of fill material is not required if a '`"'" professional engineer or geologist certifies that the fill source site has never been developed, filled, or used such that contaminants could have entered the soil. Storm water Management Requirements Infiltration of stormwater is not allowed in Zone 1 to reduce the risk of infiltration of hazardous materials spills carried by stormwater. Stormwater conveyance, detention, and water quality facilities constructed in Zone 1 are subject to specifications that have been adopted to ensure that stormwater is contained within the system prior to discharge to the Cedar River. In Zone 2, stormwater conveyance and water quality facilities are required to be lined to allow treatment to occur prior to infiltration. There are no other restrictions on infiltration in Zone 2. Wastewater Requirements Wastewater collection pipes are subject to pipeline specifications that prevent leakage of sewage into the aquifer. Older wastewater conveyance that was subject to leakage in the vicinity of the downtown wells has been replaced in recent years with pipe that meets the specifications. 3 *4400 Secondary Containment of Underground Storage Tanks City underground storage tank(UST)regulations are more stringent than state regulations in that secondary containment is required for USTs containing hazardous materials. The City's regulations,which include spill/overfill protection and monitoring for leaks similar to existing state regulations, also cover a broader range of USTs than state regulations. The City includes smaller tanks(down to 60 gallons)and does not exempt some of the tanks exempted by the state. Pesticide and Fertilizer Risk Management Educational programs directed toward minimizing the use of pesticide and fertilizer are implemented by Water Utility and Solid Waste Utility staff. Regulations require persons who keep records of pesticide applications per Washington Department of Agriculture rules,usually commercial and institutional applicators,to provide the records to the Water Utility. The purpose of this requirement is to,over time, get a better picture of pesticide and fertilizer use in the APA. Nig *000 , FJ/- I;NE 36th V i N;6 �E dem s e as ' 'l I v 351h g i SE_ q S�"p �� t s� �_m. 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Amended code text can be reviewed in"Amendments to Aquifer Protection Regulations" (attached). Each item below is shaded in corresponding code text(page numbers provided). 1. Amends 4-3-050B2c and 4-3-050C6a(iii). Adds Zone 1 Modified to protect Maplewood Wellfield and Springbrook Springs. See page 1 and page 5 (starts on second to last line) for text. See maps following pages 13 and 15. Larger scale maps are also attached. The Water Utility is proposing a new Aquifer Protection Zone called Zone 1 Modified. It will be used to protect the one-year capture zone of two high-priority water sources that are partially protected by relatively impermeable earth materials. The two sources are the Maplewood Wellfield and Springbrook Springs. Background on the Maplewood Wellfield The one-year capture zone for the Maplewood Wellfield was delineated for the Water Utility by Pacific Groundwater Group(PGG)using a computer model that simulates groundwater flow in three dimensions. The model was constructed using a United States Geological Survey(USGS) computer code called Modflow. PGG is an experienced local firm providing consulting services in hydrogeology and related environmental issues. One, five,and ten-year groundwater time-of-travel capture zones were delineated using the Now, groundwater model in conjunction with a"particle-tracking"computer program. The latter traces the path and time-of-travel of a particle of water starting at the well intake and working backwards to the edge of the model boundary. Using information generated by the particle tracker,maps were drawn showing capture zones within which groundwater takes one,five, or ten years to reach a well. This method of delineating capture zones is required for water systems of Renton's size by WAC 246-290-135(3) and the"Wellhead Protection Program Guidance Document"published by the Washington State Department of Health(DOH). The City's delineation was approved by DOH in 1999. A full report on delineation methods used for both the Maplewood Wellfield and Springbrook Springs can be found in Appendix Q of the 1998 Renton Water System Plan. The results of groundwater modeling show that water from the surficial aquifer in the immediate vicinity of the Maplewood Wellfield enters deep wells despite the existence of an aquitard, or saturated formation of low permeability,between the ground surface and the aquifer. The aquitard allows some time to remediate a hazardous material spill but does not prevent contamination from reaching the wells. Background on Springbrook Springs The capture zones for Springbrook Springs were delineated by PGG using surface water and hydrogeologic mapping techniques. PGG based the delineation upon previous studies by the United States Geological Survey (USGS)in 1995 and CH2MHill in 1989. The latter is a well- known firm providing consulting in hydrogeology and environmental science, among other services. The two earlier studies evaluated information from well logs and other sources H:\FILE.SYS\WQA-Water Quality\WQA-02-Aquifer Protection\Code 1 Amendments\Explanati on CodeAmen dAug02.doc\CB\tb regarding hydrogeology and groundwater flow in the area supplying groundwater to Springbrook Springs. Using this information,PGG was able to calculate approximate aquifer parameters and "' derive time and distance over which groundwater travels toward the Springs. Evaluation of Spring discharge shows that,while maximum flow is related to precipitation patterns,there is a lag between periods of maximum precipitation and maximum spring discharge. This is evidence that the Springs are at least partially protected from contamination by an intervening layer of less permeable sediments. These sediments allow some time to remediate a hazardous material spill but they do not prevent contamination from reaching the Springs. Proposal to Provide Protection to the Maplewood Wellfield and Springbrook Springs The Water Utility is proposing to protect both the Maplewood Wellfreld and Springbrook Springs from contamination by designating their one-year capture zones as Modified Zone 1. The primary effect of this regulation would be a reduction in risk of contamination by hazardous materials. Risk would be reduced by placing a limit on the amount of hazardous materials that could be stored and handled in the one-year capture zone. The Wellfield and Springs are vital components of the City drinking water supply. A designation of Modified Zone 1 would be consistent with the value placed by the City upon these water sources. It would also provide an appropriate level of regulation with the implicit acknowledgement that the risk of contamination of these sources,while significant, is less than that of the Downtown Wellfield. The areas so designated would be regulated as Zone 1 but with important exceptions detailed in a proposed amendment to RMC 4-3-05006.1 The list below summarizes how the Zone 1 Modified would differ from Zone 1 regulations previously established to protect downtown wells. The justification for reduced regulation is,in all cases,the reduced risk due to well depth and/or the presence of an aquitard. • Existing facilities would not be subject to a maximum hazardous material quantity(500 gallons)and therefore would not have to reduce inventory or relocate. • Existing septic tanks would be allowed and new septic tanks would be allowed if City sewers were not available. • Infiltration of stormwater would be allowed. • Existing facilities would not be subject to site improvements(groundwater monitoring, paving, stormwater management improvements, etc.). In addition to Zone 1 Modified to protect the one-year time of travel, it is also proposed that a standard Zone 2,encompassing the ten-year capture zone,be designated to protect Springbrook Springs. There are no businesses or other facilities subject to regulation as a result of designating Aquifer Protection Zones for the Springs because the area affected is either City-owned protected watershed or is outside of the City limits. Designating zones for areas outside of the city limits provides the following benefits: t The one-year capture zone for the Maplewood Wellfield is already in the APA as a Zone 2 for purposes of protecting downtown wells. The level of regulation in this area would increase commensurate with this proposal. H:WILE.SYS\WQA-Water Quality\WQA-02-Aquifer Protection\Code 2 Amendments\ExplanationCodeAmendAug02.doc\CB\tb • Areas falling within wellfield or springs capture zones are automatically included in protected areas upon annexation;and • The City has a stronger position from which to negotiate protection with neighboring land use jurisdictions. An additional benefit of designating APA zones for Springbrook Springs is that the Springs would be brought into the regulatory system applied to all other aquifer protection areas in the City. This would provide regulatory consistency for the public and staff. We would be able to delete 4-3-l 05, an outdated section of the City code. 2. Amends 4-3-050C6a(ii)(8) and 4-9-015C. Exempts additional activities and substances from Operating Permits. See pages 5 and 23. The following new exemptions from operating permits in the Aquifer Protection Area are proposed: • Hazardous materials in fuel tanks attached to private or commercial equipment and used, directly in the operation of that equipment. • Hazardous materials in aerosol cans. • Hazardous materials at multi-family dwellings,hotels,motels,retirement homes, convalescent center/nursing homes,mobile or manufactured home parks,group homes, ...- and daycare family homes or centers when used by owners and/or operators of such facilities for on-site operation and maintenance purposes. • Hazardous materials used for janitorial purposes at the facility where the products are stored. • Hazardous materials used for personal care by workers or occupants of the facility at which the products are stored including but not limited to soaps,hair treatments, grooming aids,health aids,and medicines. These exemptions are proposed to reduce regulation where there has been found to be little risk, saving time and effort on the part of City staff and business operators. The following reasons are provided: • The storage of hazardous materials in fuel tanks of equipment is comparable to that stored in fuel tanks of vehicles. The latter is already exempt. • Aerosol cans are small and do not leak or present an opportunity for spill. This is consistent with an existing code section that exempts hazardous materials in sealed units not normally opened. • The facilities that would be exempt store products that technically designate as "hazardous". These products,however,are of low risk to the aquifer and are stored in small quantities. They consist of such items as latex paint,janitorial supplies, laundry '40io, detergent,and sometimes pool chemicals [chlorine, pH adjuster,buffer,algaecide, etc.]. li:\FlLE.SYS\WQA-Water Quality\WQA-02-Aquifer Protection\Code 3 Amendments fxpianationCodeAmendAug02.doe\CB\tb *4000 Noe These facilities nearly always hire landscape services to take care of grounds and therefore do not store pesticide and fertilizer. Those facilities that do their own landscape 1100 maintenance store very small quantities of fertilizer and pesticide. The Water Utility staff prefers to rely on educational activities to ensure that owners and operators of these facilities are aware of the need to protect the aquifer. • Janitorial supplies in quantities stored for the cleaning of a single building are of little risk to our aquifer. They are generally used with water and are disposed of in the sanitary sewer or evaporate into the air. Containers are usually one gallon in size with a few up to five gallons. Personal care products that would be exempted include such items as hand soap, shampoo,hair dye,rubbing alcohol, fingernail polish and polish removers,over- the-counter and prescription medicines, etc. These products,while technically defined as "hazardous materials,"are of low hazard and/or are stored in small containers the contents of which are unlikely to come in contact with the aquifer. 3. Amends 4-3-05008e(i)(9)and (ii)(6). New heating systems using fuel oil would be allowed in some situations. See page 7. New heating systems using fuel oil would be allowed in Zone l if the fuel is stored in an existing aboveground storage tank. The same would be allowed in Zone 2 using either an existing or new aboveground tank. Currently any new heating system using fuel oil is prohibited in both zones. These amendments remove unnecessary restrictions. New heating oil systems would be allowed in Zone 1 if they make use of an existing above-ground waste oil tank. New above-ground waste oil tanks will not be installed since new containers of hazardous material in Zone 1 are limited to five gallons in size. There are three above-ground waste oil tanks in Zone 1 that could,if this r„ ' amendment is approved,be used for heating purposes. Use of the stored fuel for heating purposes versus hauling it away for recycling presents no additional risk to the aquifer. New heating oil systems using fuel oil could be installed in Zone 2 if the tanks are above-ground. It seems unreasonable to continue to prohibit heating systems using fuel oil when we do not restrict the quantity of other hazardous materials at facilities in Zone 2. Fuel oil tanks would be subject to regulation by the Fire Department under the Uniform Fire Code and the Secondary Containment Regulations. We would maintain an extra margin of safety by allowing only aboveground tanks. Local commercial installers of oil heat systems report that above-ground residential tanks are available and incorporate secondary containment. Homeowners rarely purchase them since they are significantly more expensive. Homeowners would at least have the option to do so with this amendment. H:\FILE.SYS\WQA-Water Quality\WQA-02-Aquifer Protection\Code 4 Amendments\ExplanationCodeAmendAug02.doc\CB\tb 4. Amends 4-3-0501I2d(i)(2)(A). Reduces size of secondary containment. See page 8. The required volume of secondary containment for hazardous materials would be reduced to the size of the largest primary container stored within. Current requirements are that the volume of secondary containment must be one hundred and fifty percent of the volume of the largest primary container or ten percent of the volume of all of the primary containers stored within, whichever results in the larger secondary containment. The volume reduction is proposed for several practical reasons: • Business owners are having trouble finding good secondary containment devices that meet our code because our requirement differs from nationwide industry standards prescribed by the EPA,Fire Departments, and state environmental protection departments. The environmental management industry sizes secondary containment devices to meet the national standards. • By adopting this amendment we can avoid placing business owners in the position of having to hire a welder to build them a box that often ends up being so tall that it is difficult to lift the primary container into the secondary container. A standard drum truck can't be used for the job. This difficulty increases the likelihood of accidental spills and industrial injuries. This amendment would improve our credibility with business owners while not compromising aquifer protection. Leakage from primary containers is rare and we've never seen more than one primary container leaking at a time. Secondary containment for multiple containers that is sized for the largest container stored within should be considered adequate. 5. Amends 4-4-060L4e and adds a new paragraph f. Changes criteria for use of Abbreviated Imported Fill Source Statement. See page 16. Existing criteria allowing for the submittal of an Abbreviated Source Statement have been found to be unworkable. Field-testing results are open to interpretation and there are no field-testing methods for many of the contaminants for which we would have concerns. Proposed criteria are more definite and can be ascertained by a professional engineer or geologist who then certifies the status of the fill source site. A new paragraph would give the Department authority to require additional information regarding fill material or about the site from which the fill would be obtained. The Department would also have the authority to reject a certified source statement if it has not demonstrated that the fill material meets City standards. 6. Amends 4-8-120D15a.—Hazardous Materials Inventory Statement and Material Safety Data Sheets would be required only upon request by Department. See page 21. The definition of an Operating Permit Application would be changed to indicate that a hazardous materials inventory statement and/or Material Safety Data Sheets would be required only upon request of the Department. H:\FILE.SYS\WQA-Water Quality\WQA-02-Aquifer Protection\Code 5 Amendments\Expt anationCodeAmendAug02.doc\CB\tb For many facilities,the exercise of preparing an inventory is very time consuming and difficult yet the materials listed are of little concern to the Utility due to contents or small container size. 400 The Utility then spends time entering data and archiving inventories, some of which are quite large. The Utility needs to avoid the collection of low priority data and the time consumed in managing it. We should reduce the difficulty of permit compliance in regards to this,the least popular part of our program. This amendment will allow the Utility to determine how much information it needs and provide authority to request the information. 7. Amends 4-9-015B2 and F2—City could require property owner to obtain a Closure Permit. Closure Permits would be required only in Zone 1 instead of both zones. Closure Permits would be required when business is sold or transferred. See page 22. These amendments modify who is required to obtain a closure permit, limit the requirement for a closure permit to Zone 1, and change circumstances under which a closure permit is required. The implication is removed that it is the sole responsibility of the business owner,i.e.the person who generally closes or causes a regulated facility to be closed,to obtain and carry out the provisions of a closure permit. The proposed language combined with our broad definition of the term "owner"and"facility"will result in either the business owner,the property owner,or both to be liable for obtaining and implementing the closure permit. Most businesses that operate in the Aquifer Protection Area lease space from a property owner. This new meaning is important because it places the responsibility with both the property owner and the business owner to obtain the closure permit and to accomplish its conditions. This gives the City additional protection from abandoned facilities. It is consistent with the original intent of the Code,which was to require both the property and business owner to be held responsible for hazardous materials at a site in the APA. Note: The current definitions of"owner"and"facility" are broad in that"owner"can mean either the business or property owner and "facility"can mean the physical site or the activity that occurs there such as a business operation. The closure permit is currently required in both APA Zones. This amendment would remove the requirement to obtain a closure permit in Zone 2. This change is proposed for several reasons: • There are many other mechanisms in place that result in the existence of a contaminated site being brought to the attention of regulatory authorities. These mechanisms include real estate transactions, loan applications,identification of illegal activity by property managers, regulatory agency inspections and outreach programs, and citizen complaints. The level of concern for aquifer protection in Zone 1 is consistent with implementing a separate program to ensure that departing business or facility operators leave a clean site but in Zone 2 it would be sufficient to rely on other mechanisms. • The closure process is potentially expensive and time-consuming for the business owner and, in most cases,the site is found to be clean. Further changes were made to B2 to provide a process to examine a facility as it either closes or changes hands. This provides a mechanism by which long occupied facilities in Zone 1 will be examined at an earlier date to provide assurance to the City that contaminants are not present that could affect water quality. Under the current regulations, it is possible that a business may be sold over and over and never be examined because it was not actually ever closed. H:\FILE.SYS\WQA-Water Quality\WQA-02-Aquifer Protection\Code Amendments\Expl anationCodeAmendAug02.doc\CB\tb } An unintended result of the current regulations is that the current owner is responsible for Ni.•- obtaining a Closure Permit and cleaning up contaminated soil or groundwater. While it is not the Water Utility's primary intention to protect facility owners from pollution liability, it is unfair for the City to wait to require an examination of the site long after an owner is gone and to place the entire burden of examination and remediation on a subsequent owner. The amendment will correct this unintended result by requiring that an owner demonstrate to the City's satisfaction that the site is clean prior to sale of a business. The owner would have to complete the part of the closure process that involves investigating the site to determine if hazardous materials have been released. The owner would be liable for clean up if contamination is discovered. By a separate agreement between the owner and the purchaser,the hazardous materials used for operating the business could remain in place. 8. Amends 4-9-015G3—Extends responsibility of facility owners to clean up contamination found on their property. See page 25. Facility owners would be required to take appropriate actions if a contaminant is found in a monitoring well located on facility property. Current regulations require the owner to take action only if the contaminant is a constituent of a product listed in a hazardous materials inventory statement. Sometimes a contaminant is detected in facility monitoring wells but the chemical of concern is not listed in the facility's Hazardous Materials Inventory Statement. There have been incidents in the APA in which contamination occurred due to bringing contaminated fill material to the site or by the activities of a contractor hired to perform a specific maintenance task at a facility. We need the authority to require appropriate action to be taken to remedy any contamination associated with all operations at a regulated facility. An existing code provision allows that an owner is not responsible for remediation if they can provide acceptable technical data showing that their facility is not responsible for specific contamination. This provision will remain and offer recourse for an owner who believes that they are not responsible for contamination detected in their monitoring wells. H:\FILE.SYS\WQA-Water Quality\WQA-02-Aquifer Protection\Code 7 Amendments\Expl anationCodeAmendAug02.doc\CB\tb ralil•r r ` 98th �-1s� C`1� 99t1 - ---- ir� a 98th • w //✓ 1 c„ { I' 1 SE �� i rt 100th Ave s `' r'"'.r «...... :r PI 0� + 3� ) ( 101st Ave SE �` ____ l 102nd ,,.dl 102nd Ave ^' �, / 1 im-....1... 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' S Pi Q, S SE 1. th pl a a� 163rd St rdSty F767 �e4 o n s SE 164th St U ��h E 16j,- s D��SE SE 162nd PI o SE 164th St t 1 Q nil) � l SE F°irwood Blvd - SF SF/6SF163rd St n 1 F4 474 St 8 i �Ooe SE 16Sth SE 164th PI SE 167th S ��C79 1 ,6'54 /`� '` p '^' SF/6 �k5 SF �`� A/ S� SE 168th St 5�16 11 Pz w lh s( ,6�r6 < s /� a SE 169th St a ¢ SF SE 16�\�F\ �c rF r l604 SE Fairwood Blvd ,>0�4 n b Sf isillIy.'th PI S S� SE 170th St \ r SE 168th F SE 170th St ih St �q Q� Fa' lilt):Ivd j6f�A ,E \�� PV SE SE 170th St �P sF 1r <S�r SE 11 h 172n S vw [ill N SE 1 st PI / \46ib e C ¢ < S 17 d P 112nd St S� J SFIj? y s SE oa by SE 171 PI N l i aS� Sr SE 172nd PI 5 1 SE 172nd P '' SE 1 3rd St _:, r � SE P trovitsky Rd )114 •E 175th pi `� SE 1 h St '9P Q woe SE 176th Sr th th N SE 177th St SEPetrpy, SE 176th Pi PI St 176 Q' r. • Rd J`�� ' S 177t 6 SE 180th St SE 179 St SE 179th PI *or 5 Q\ JF 6'r v ,f—1� SE 180th St L ���' ¢ SE 180th PI SE 181st ��r_ ' S� ,, \St )V/_-wu a SE 181st St w n bill;5 � t ' '' LPel,Sf7BPetrovitsky d 183rd St tS s 2n.SE 184th St mF lip SE 182nd o SE 184th St a `' v, A SE 184th I 184th St St 183rd SE 184th St 0- J �P be 185th PI U 4 186th ,) vwi N a Ti.SE 186th St 0 1 560 0 3000 IIIt In ����� P/ ...I0 Maplewood Wellfield Capture Zones / / Proposed Aquifer Protection Area (APA) Gti�Y 0,t Planning/Building/Public Works Zone 1 Modified (for Maplewood Wellfield) One Year Capture Zone 4. ! utility Five Year Capture Zone "��N,ro' . 9.ly200in' D. Visneski Existing APA Zone 1 (for Downtown Wellfield) Ten Year Capture Zone Existing APA Zone 2 (for Downtown Wellfield) City Limits Amendments to Aquifer Protection Regulations August 2002 (Additions are underlined, deletions struck, and substantive changes shaded.) 4-3-050 CRITICAL AREAS B APPLICABILITY—CRITICAL AREAS DESIGNATIONS/MAPPING: 1.Lands to Which These Regulations Apply: The following critical areas,classified in subsections B2 through B7 of this Section, are regulated by this section: a. Aquifer Protection Areas. (Amd. Ord.4851, 8-7-2000) b.Areas of Special Flood Hazard. c. Sensitive Slopes,twenty five percent(25%)to forty percent(40%)and Protected Slopes, forty percent(40%) or greater. d.Medium,High, and Very High Landslide Hazard Areas. e. High Erosion Hazards. f. High Seismic Hazards. g. Medium and High Coal Mine Hazards. h. Critical Habitats. i. Shorelines, Streams and Lakes. (Reserved) j.Wetlands,Categories 1,2 and 3. 2.Aquifer Protection: a.Applicability: The aquifer protection regulations apply to uses,activities,and facilities located within an aquifer protection area(APA)as classified below. b.Aquifer Protection Area(APA): Aquifer protection areas are the portion of an aquifer within the zone of capture and recharge area for a well or well field owned or operated by the City,as depicteddefined in subsection Q1 of this Section,Maps C gulf• s + 'on s y ' 'fi e r � � o e � �� c is + ® a®ufers.r.t ];, 8 @ t 0 x n� g fix a-r r � • " + o + iris h dre i 1 0 0 ®u_ v `ll e f +lfls w. rea em s n + t s st " s, is t B erl in m . ' tl a F + A � u 4 ne and ar a ate�;•e „Eft o- +l..®._r•.f s>_•l_ia.,b�sc t1 {..;.! +1 ffi r ® e�tie rts eives 44 +o ary the �® _1 city: a G ff +d or Aer ae o� � �na ura cy e . . .® .sblv L xaoso. .z ,ne.oTn ue d.Mapping: i.Determination of Location within a Zone of an Aquifer Protection Area:In determining the location of facilities within the zones defined by subsection Q 1 of this Section,the following rules shall apply. 1 H:\File Sys\WQA-Water Quality\WQA-02-Aquifer Protection\Code Amendments\CodeAmendTextAug02.doc\CB\tb (a) Facilities located wholly within an APA zone shall be governed by the restrictions applicable to that zone. "' 00 (b) Facilities having parts lying within more than one zone of an APA shall be governed as follows: Each part of the facility shall be reviewed and regulated by the requirements set forth in this Section for the zone in which that part of the facility is actually located. (c)Facilities having parts lying both in and out of an APA shall be governed as follows: • That portion which is within an APA shall be governed by the applicable restrictions in this Section; and • That portion which is not in an APA shall not be governed by this Section. ii. Zone Maps: The locations of aquifer protection areas(APA) in the City are depicted by the map in subsection Q1 of this Section, Maps. Aquifer protection area maps and le nal descri tions are on five with the ('ity Clerk (Amd. Ord. 4851, 8-7-2000) C APPLICABILITY — EXEMPT, PROHIBITED AND NONCONFORMING ACTIVITIES: 1. Applicability: Unless determined to be exempt from permitting and standards, all proposed development, fill, and activities in regulated critical areas and their buffers shall comply with the requirements of this Section. Expansion or alteration of existing activities shall also comply with the requirements of this Section. Any person seeking to determine whether a proposed activity or land area is subject to this Section may request in writing a determination from the City. Such a request for determination shall contain the information requirements specified by the Department Administrator. a. Aquifer Protection Areas—Compliance with Regulations: The following developments, facilities,uses and activities shall comply with the applicable provisions and restrictions of this Section and chapters 4-4. 4-5, 4-6. +-9. and 5-5 rti ': 9 RMC for the APA zone in which the developments, Nolid facilities, uses and activities are located, except as preempted by Federal or State law: i.Development Permits: Development permits shall be reviewed for compliance with the aquifer protection requirements of this Section. ii. Facilities: Facilities, as defined in RMC 4-11-060,Definitions F,which are existing,new, or to be closed are subject to this Section as specified below: (a) Existing Facilities: All owners of facilities which store, handle,treat, use, or produce hazardous materials or have done so in the past, must comply with the permit requirements,release reporting requirements, and closure requirements as set forth in this Section; (b)Existing Facilities—Limitation on Material Increase: In Zone 1 of an APA,no change in operations at a facility shall be allowed that increases the quantities of hazardous materials stored,handled, treated, used, or produced in excess of quantities reported in the initial aquifer protection area operating permit with the following exception: An increase in the quantity of hazardous materials is allowed up to the amount allowed for a new facility in Zone 1 as provided by subsection C8e(ii) of this Section, Prohibited Activities—Aquifer Protection Areas, Zone 1; (c) New Facilities: All proposals for new facilities within any zone of an aquifer protection area must be reviewed for compliance with this Section prior to issuance of any development permits for uses in which hazardous materials are stored, handled,treated, used or produced or which increase the quantity of hazardous materials stored,handled, treated, used, or produced; (d) Abandonment: No person, persons, corporation or other legal entity shall temporarily or permanently abandon, close, sell, or otherwise transfer a facility in an APA without complying with the requirements of RMC 4-9-015F, Closure Permits, and permit conditions of this Section; iii. Hazardous Materials—Use,Production, Storage, Treatment, Disposal, or Management: Persons that store,handle, treat, use, or produce a nee.n the Cienei. c €t;> Nlster:a's ' a hazardous material as defined by far 14110 H:\File Sys\WQA-Water Quality\WQA-02-Aquifer Protection\Code Amendments\CodeAmendTextAug02.doc\CB\th 2 S ct:m and chapter 4-11 RMC, Definitions, and. therefore shall be subject to the requirements of this Section, and as further specified below: (a) All applications for development permits for uses in which hazardous materials are stored,handled, treated,used or produced or which increase the quantity of hazardous materials stored, handled,treated,used, or produced at a location in the APA must be reviewed for compliance with this Chapter by the Department prior to approval. (b)The focus of review for all permits will be on the hazardous materials that will be stored,handled, treated, used, or produced; and the potential for these substances to degrade groundwater quality. (c)An inventory of hazardous materials on forms provided by the Department shall be submitted to the Department upon application for a development permit. (d)Where required by the Department,plans and specifications for secondary containment shall be submitted and shall comply with subsection H2d(i)of this Section, Secondary Containment—Zones 1 and 2. Development permits shall not be issued until plans and specifications for secondary containment, if required,have been approved by the Department. (e)The Generic Hazardous Materials List attached and incorporated as subsection R of this Section is provided for informational purposes. iv.Application of Pesticides and Nitrates: Persons who apply pesticides and/or fertilizer containing nitrate in the APA, except for homeowners applying only to their own property, shall comply with subsection H3 of this Section,Use of Pesticides and Nitrates—APA Zones 1 and 2. v. Construction Activities: Persons engaged in construction activities as defined in RMC 4- 11-030,Definitions C, shall comply with subsection H7 of this Section,Construction Activity Standards— Zones 1 and 2, and RMC 4-4-03007, Construction Activity Standards—APA Zones 1 and 2; vi. Fill Material: Persons placing fill material on sites within the APA shall comply with subsection H8 of this Section,Fill Material, and RMC 4-4-060L4,Fill Material; vii. Fuel Oil Heating Systems: Owners of facilities and structures shall comply with subsection C8e(i)(9) and C8e(ii)(6) of this Section,Prohibited Activities—Aquifer Protection Areas, Zones 1 and 2,relating to conversion of heating systems to fuel oil and installation of new fuel oil heating systems. viii.Pipelines: Owners of pipelines as defined in RMC 4-11-160 shall comply with subsection H6 of this Section,Pipeline Requirements; ix. Solid Waste Landfills: Owners of existing solid waste landfills shall comply with subsection H9 of this Section,Regulations for Existing Solid Waste Landfills—Zones 1 and 2; x. Surface Water Systems: Surface water systems shall meet the requirements of subsection H5 of this Section, Surface Water Requirements,and RMC 4-6-030E,Drainage Plan Requirements and Methods of Analysis; xi.Unauthorized Release: All persons shall comply with subsection H10 of this Section, Hazardous Materials—Release Restrictions—Zones 1 and 2, and RMC 4-9-015G,Unauthorized Releases; xii.Wastewater Disposal Systems: Owners of structures that are connected to existing on- site sewage disposal systems and proposed wastewater disposal systems shall comply with subsection H4 of this Section,Wastewater Disposal Requirements, and RMC 4-6-040J, Sanitary Sewer Standards, Additional Requirements that Apply within Zones 1 and 2 of an Aquifer Protection Area. 6.Limited Exemptions: Activities which are exempt from some,but not all provisions of this Section are listed in the following table. If an"X" appears in a box,the listed exemption applies in the specified critical area and required buffer. If an"X"does not appear in a box,then the exemption does not apply in the particular critical area or required buffer. Whether the exempted activities are also exempt from permits will be determined based upon application of RMC Chapters 4-8 and 4-9, or other applicable sections of the Renton Municipal Code. 3 LIMITED EXEMPTIONS—WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS 441100 EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shorelines/ Wetlands Protection Hazard Hazard Area Conservation Streams/Lakes Area Area Area (Reserved) a.Hazardous Materials: i.Materials for Sale in Original Small X1 Containers: Hazardous materials offered for sale in their original containers of five(5)gallons or less shall be exempt from requirements in subsections H2d(i)through(vi)of this Section and:the requirements pertaining to removal of existing facilities in subsection H2a(i). ii.Activities Exempt from Specified X1 Aquifer Protection Area Requirements: The following are exempt from requirements in subsections H2d(i) through(vi)of this Section,the requirements pertaining to review of proposed facilities in subsection C8e of this Section,Prohibited Activities— Aquifer Protection Areas,and the requirements pertaining to removal of existing facilities in subsection H2a(i). 441100 (1)Hazardous materials use,storage, X1 and handling in de minimus amounts (aggregate quantities totaling twenty (20)gallons or less at the facility or construction site).(Hazardous material weights Weights of solid hazardous materials will be converted to volumes for purposes of determining whether de minimus amounts are exceeded.Ten (10)pounds shall be considered equal to one gallon.) (2)Noncommercial residential use, X1 storage,and handling of hazardous materials provided that no home occupation business(as defined by chapter 4-11 RMC)that uses, stores,or handles more than twenty (20)gallons of hazardous material is operated on the premises. (3)Hazardous materials in fuel tanks X1 and fluid reservoirs attached to a private or commercial motor vehicle and used directly in the operation of that vehicle. (4)Fuel oil used in existing heating X1 41111.01 systems. 4 ..r LIMITED EXEMPTIONS—WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shorelines/ Wetlands Protection Hazard Hazard Area Conservation Streams/Lakes Area Area Area (Reserved) systems. (5)Hazardous materials used,stored, X1 and handled by the City of Renton in water treatment processes and water system operations. (6)Fueling of equipment not licensed XI for street use;provided,that such fueling activities are conducted in a containment area that is designed and maintained to prevent hazardous materials from coming into contact with soil,surface water,or groundwater except for refueling associated with construction activity regulated by subsection H7 of this Section, Construction Activity Standards— Zones 1 and 2. (7)Hazardous materials contained in X1 properly operating sealed units (transformers,refrigeration units, etc.) that are not opened as part of routine use. 'a); � €gr attache equlprnl�r� se3�• C o er tlt n t ;1ha a a 21 ?^ s .. L E� l �� j9:.i G s � t�+�.�'' :.1 . Z i ,i s r .- . ws � 'I 5 N-:6 �q " 7 e � a IIclzat out Mitt i i ils f X. • g ra sf Y,£ '"� a x . 3`^ m"-h Sa' F ` .C}_..�, _ �S. S.'£ "F �v".'"R wM off . 10 ll e 01,14 er>t� a 1h i s - 9'� z famil I t 1 9 r a t� ,.� t x � Y fib ettrerrt t�eS r e�f �a a . a s } k. . "," �'r '# "s sr v'�" ,�' a �. .� • "cOltLl nursin hornes'-ino - �.x ,: :.s� ;a' P '+�..- "�' I1c 1711 aF#tired li 3Jir "a a 41 4 s: 3 €s� P 7r '# a - r.� .£'` C -C{}zsr -• r vz �,"x`a �'� .� cent is When used 1Lo 6 e v e <' + - operatat,o c* a d3 r •r:+ d i 3 - x- i ll b ' .ix i .h. '# al en max. yr ° € e _ :; W E operation nd a a1ntui the � x y 1)1 azar o; 'Vidal* .r : 7 - �-�'"- �g s z . :i .c'e k r larlitOthil p lr�es at the facih� ��¢ r z � a the pradttct'Age ts ar� tvred sr s a <- q { Hazardou 111rtteria1s e£� b o- s w : :£ $ personal l are b. t4�Qtkers o occupy ft� n � 0 4 $,�4 4 4 ate- i Of thcc tacr)ity at whrchthe:products a'rf stoi ed Lllcludl 2ir burnt limited s tt} z a 141540N.'- x t �„ .. �k3 :emu <hair.tr��tn�ents �rt�amm�ars��h� 'i health ails,and��ltcine E # F�t � a t E +411111., z�i:Faczlatles- Zoe� atd A lerPr 1eEtion , reaE r EiE,rtim _. . - . • • • LIMITED EXEMPTIONS—WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shorelines/ Wetlands Protection Hazard Hazard Area Conservation Streams/Lakes Area Area Area (Reserved) Aquifer Protection Area Exempt fi b•m S e ified A uifer Protection •Area Require i r t5 Facilttt s lrrr e ted in the i ..: _ Zone1. Modified Aquifer P otection •Ar Fi ure 3 t} 0 eit�inpt • fron the f`s ll wingg , : bat re(uirements i Iib i) this eetion except t the • thewiy ? .fix. aWS :it li�ling,USC,ire cnt, :F R f `� .:' t'a ,.0*, 4-1 a o A- a + :Alfa � 4,141 ditionsf`act in Xl t ts t hh, S� � f iAtt � : xe• " '' '4r �'�w ka�utkt#1 7u��y; ftTY �* � � a , .: s ion 4{ � Lt a I he fig. . k ,� a ' • d 4pz .t1 p i ax,� i1,s "A-v*FI, z*,,e'� .\;xk d t E - dG m E-1 a 4 s.. .s ..�, : r�c �� .N s �e,: 4 `heprohibition of`sel�ttc �tems X1 F£m'�^'� � ! � � +� . � ma`s ���iss c nfatned in 4 3-O5.0 4t : and € �€ �tie Sur do �h dter managnt �£� ° ' l T Lttnnts�f .eascpt:t .rtliar � � s`��s a .��' ���a . a4 �] e to apply and facil es hall e � t k r ° : ,s 2�4i �. 5"'� f . � � n �'" `� ^a+ lam •din t2• i.•.. r5 1If a hazardous material, activity,and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality,then the Department Administrator may require compliance with the aquifer protection requirements of this Section otherwise relevant to that hazardous material activity and/or facility. 8. Prohibited Activities: Prohibited activities are identified below for each critical area governed by this Section. a. General— All Critical Areas: No action shall be taken by any person, company, agency, or applicant which results in any alteration of a critical area except as consistent with the purpose, objectives, and requirements of this section. b.Prohibited Activities—Floodw ays bode ng: Encroachments, including fill,new construction, substantial improvements, and construction or reconstruction of residential structures is prohibited within designated floodways, unless it meets the provisions of subsection I4 of this Section, Additional Restrictions within Floodways. c.Prohibited Activities—Shorelines, Streams and Lakes: (Reserved) d. Prohibited Activities — Wetlands: Grazing of animals is not allowed within a wetland or its buffer. e. Prohibited Changes in Land t-se and Types of New Facilities— Aquifer Protection Areas: i, Zone 1: *44110 6 (1 ) Changes in land use and types of new facilities in which h any of the following will be on the premises: (A) More than five hundred (500) gallons of hazardous material; (13) lore than one hundred fifty (150) gallons of hazardous material in containers that are opened and handled; (C) Containers exceeding five (5) gallons in size: or (I)) Ictr ,chlorocthylenc(drv-cleaning tiwdl. (2) Surface impoundments (as defined in chapters 173-30 3 and 173-304 \.VAC): (3) hazardous waste treatment. storage, and disposal facilities: (4) All types of landfills, including solid waste landfills: (5)Transfer stations: (6) Septic systems: (7) Recycling facilities that handle hazardous materials: (8) Underground hazardous material storage and/or distribution facilities; (l OQPetroleum product pipelines. ii. Zone 2: (1) Surface impoundments (as defined in chapters 173-30 3 and 173-304 WAC): (2) Recycling facilities that handle hazardous materials; (3)Hazardous waste treatment. storage. and disposal facilities: (4) Solid waste Iandfills; (5) Transfer stations: 'Ncw heatzra items ustt g fuel,Attt un n d. s V�� tanl d (7)Petroleum product pipelines. e. Prohibited Activities Aquifer Protection Areas: The following activities are prohibited ��ithin the identified Aquifer Protection Area (APA) Zones: i. Zones 1 and 2: The conversion of heating systems to fuel oil or the installation of new fuel oil heating systems. ii.Zone 1: ii of hazardous material-in aggegate quanti-tios 1 be present on the premises at any one time. Of the five hundred (500) gallons, not more than one lured fifty (158) gallons in aggregate quantities shall be present at any one time that was produced or treated or that will be used or dispensed on the premises. Contain-rs of hazardous material exceeding five (5) gallons in size shall not be allowed to be stored on the premises. (2) The following sped-tic changes in land use and types of new facilities will be WAC); waste piles (as defined in chapters 173 3-03 and 173 30'1 W 'AC); hazardous 'waste treatment, r_. g ._ septic systems; recycling f cilit-i-es that hie har,ardot- materials: underground hazardous material storage and/or distribution facilities: l-and uses and new facilities that use, store, treat, handle, and/or produce perchloroethylene: and petroleum product pipelines. iii. Zone 2: (1) The following specific changes in land use and types of new facilities are prohibited within Zone 2 of an APA: hazardous waste surface impoundments; as, e piles (as defined in chapter 173 303 and 173 301 WAC): r eycliru 1-act-lilies that handle hazardous materials: hazardous; waste } ' { 7 *41101 H AQUIFER PROTECTION: 1. Applicability: In addition to the general standards of subsection E of this Section,the following performance standards, subsections H2 to H 10, apply to all non-exempt uses, activities, and facilities on sites located within an aquifer protection area per subsection B2, Critical Areas Designations/Mapping, Aquifer Protection. 2. Facilities: a.Removal of Existing Facilities—Zone 1: i. The storage,handling,use,treatment or production of hazardous materials in aggregate quantities greater than five hundred (500) gallons shall not be allowed within Zone 1 of an APA after October 14. 2002April 30, 2003.The storage,handling,use,treatment or production of tetrachloroethvlenc (dry-cleaning 1luid)perchloroethylene shall not be allowed within Zone 1 of an APA after March 31, 1999. ii. Once a facility in Zone 1 is closed,relocated,or the use of hazardous materials is terminated,reinstatement of the use of hazardous materials on the site in quantities greater than that allowed for new facilities locating in Zone 1 as described in subsection C8e(ii),Prohibited Activities, Zone 1, shall be prohibited. iii. Closure of a facility or termination of any or all facility activities shall be conducted in accordance with the closure requirements in RMC 4-9-01.5Fof subsection of this Section, Closure Permit. b. Existing Facilities Change in Quantities—Zone 1: In Zone 1 of an APA,no change in operations at a facility shall be allowed that increases the aggregate quantityquantities of hazardous materials stored,handled,treated, used, or produced in excess of quantities reported in the initial aquifer protection area operating permit with the following exception: The aggregate quantity of hazardous materials may be increased not to exceed 500 gallonsAn increase in the quantity of hazardous materials is allowed up to the-amount allowed for a new facility in Zone 1 as provided by subsection C8e(ii)of this Section n,-ohib tee ,ti„tivities Z, ne I c.Existing Facilities—Allowances in Zone 2:The storage,handling,treatment,use or production of hazardous materials at existing facilities shall be allowed within Zone 2 of an APA upon compliance with the provisions of this Section. d.Requirements for Facilities—Zones 1 and 2: The following conditions in subsections H2d(i) to (vi) of this Section will be required as part of any operating permit issued for facilities in Zone 1 of an APA. Conditions in subsections H2d(i)to (v)shall apply to facilities in Zone 2 of an APA. i. Secondary Containment—Zones 1 and 2: (1)Materials Stored in Tanks subject to DOE—Zones 1 and 2: Hazardous materials stored in tanks that are subject to regulation by the Washington Department of Ecology under chapter 173-360 WAC are exempt from containment requirements in subsection H2d(i), Secondary Containment —Zones 1 and 2,but are subject to applicable requirements in RMC 4-5-120,Underground Storage Tank Secondary Containment Regulations. (2) Secondary Containment Devices and Requirements—Zones 1 and 2: Every owner of a facility shall provide secondary containment devices adequate in size to contain on-site any unauthorized release of hazardous materials from any area where these substances are either stored, handled,treated, used,or produced. Secondary containment devices shall prevent hazardous materials from contacting soil, surface water, and groundwater and shall prevent hazardous materials from entering storm drains and, except for authorized and permitted discharges,the sanitary sewer. Design requirements for secondary containment devices are as follows: l (A)Theis e ndary containment device,shall be large enough to contain-the volume of the primary container in cases where a single container rs useddto store,handle,treat,use,o rot uce a hazardous material.Tn cases where multiple containers are used,the secondary containment device shall , 8 Noy be•large enough to contain one hundred fifty percent(f 5O%)-at the Voltrme of the largest container or.ten `�" °� Volumes specified are add1ti6h t the design flow rate of the automatic• r(extfnguishing system if present,to.which the oiii*bantaininent device is subjected The-seco axy contatnmen device shall be~capable of contq u n ,the fire flow.fora period of t`wen 2a minutes or more (B)All secondary containment devices shall be constructed of materials of sufficient thickness,density, and composition to prevent structural weakening of the containment device as a result of contact with any hazardous material. If coatings are used to provide chemical resistance for secondary containment devices, they shall also be resistant to the expected abrasion and impact conditions. Secondary containment devices shall be capable of containing any unauthorized release for at least the maximum anticipated period sufficient to allow detection and removal of the release. (C)Hazardous materials stored outdoors and their attendant secondary containment devices shall be covered to preclude precipitation with the exception of hazardous materials stored in tanks that have been approved by and are under permit from the City of Renton Fire Prevention Bureau. Secondary containment for such tanks, if uncovered, shall be able to accommodate the volume of precipitation that could enter the containment device during a twenty four(24)hour,twenty five(25)year storm,in addition to the volume of the hazardous material stored in the tank. Storage of hazardous materials,both indoors and outdoors, shall, at all times,meet both the requirements of this Section and the Uniform Fire Code. (D) Secondary containment devices shall include monitoring procedures or technology capable of detecting the presence of a hazardous material within twenty four(24)hours following a release.Hazardous materials shall be removed from the secondary containment device within twenty four (24)hours of detection and shall be legally stored or disposed. (E)Areas in which there are floor drains,catchbasins,or other conveyance piping that does not discharge into a secondary containment device that meets the requirements of this Chapter shall not be used for secondary containment of hazardous materials. Closure of existing piping shall be according to procedures and designs approved by the Department. (F)Primary containers shall be impervious to the contents stored therein,properly labeled, and fitted with a tight cover which is kept closed except when substances are being withdrawn or used. (G)Hazardous materials stored outdoors when the facility is left unsupervised must be inaccessible to the public. Such techniques as locked storage sheds, locked fencing, or other techniques may be used if they will effectively preclude access. (H) Stored hazardous materials shall be protected and secured, as needed, against impact and earthquake to prevent damage to the primary container that would result in release of hazardous materials that would escape the secondary containment area. ii.Hazardous Material Monitoring Requirements for Existing Facilities—Zones 1 and 2: (1)The owners of all existing facilities shall implement hazardous materials monitoring. (2)All hazardous material monitoring activities shall include the following: (A)A written routine monitoring procedure which includes,when applicable: the frequency of performing the monitoring method,the methods and equipment to be used for performing the monitoring,the location(s) from which the monitoring will be performed,the name(s)or title(s)of the person(s)responsible for performing the monitoring and/or maintaining the equipment, and the reporting format. (B)Written records of all monitoring performed shall be maintained on-site by the operator for a period of three (3)years from the date the monitoring was performed.The Department may require the submittal of the monitoring records or a summary at a frequency that the Department may establish.The written records of all monitoring performed in the past three(3)years shall be shown to the w.. Department upon demand during any site inspection.Monitoring records shall include but not be limited to: 9 SOW 410 •The date and time of all monitoring or sampling; •Monitoring equipment calibration and maintenance records; •The results of any visual observations; •The results of all sample analysis performed in the laboratory or in the field, including laboratory data sheets; •The logs of all readings of gauges or other monitoring equipment, groundwater elevations or other test results; and •The results of inventory readings and reconciliations. (C)Visual monitoring must be implemented unless it is determined by the Depai trnent to be infeasible to visually monitor. (3)On every day of operation, a responsible person designated by the permittee shall check for breakage or leakage of any container holding hazardous materials. Electronic sensing devices approved by the Department may be employed as part of the inspection process,provided that the system is checked daily for malfunctions. iii.Emergency Collection Devices—Zones 1 and 2: Vacuum suction devices, absorbent scavenger materials, or other devices approved by the Department shall be present on site(or available within an hour by contract with a cleanup company approved by the Department), in sufficient quantity to control and collect the total quantity of hazardous materials plus absorbent material.The presence of such emergency collection devices and/or cleanup contract are the responsibility and at the expense of the owner and shall be documented in the operating permit. iv.Inspection of Containment and Emergency Equipment—Zones 1 and 2: Owners shall establish procedures for monthly in-house inspection and routine maintenance of containment and emergency equipment. Such procedures shall be in writing, a regular checklist and schedule of maintenance activity shall be established, and a log shall be kept of inspections and maintenance activities. Such logs and records shall be made available at all reasonable times to the Department for 1010 examination. v.Employee Training—Zones 1 and 2: Operators shall schedule training for all new employees upon hiring and once per year thereafter to explain the conditions of the operating permit such as emergency response procedures,proper hazardous waste disposal,monitoring and reporting requirements,record keeping requirements, and the types and quantities of hazardous materials on site. These training sessions will be documented and recorded and the names of those in attendance will be recorded.These records shall be made available at all reasonable times to the Department for inspection. vi.Additional Facility Requirements for Zone 1: Owners shall complete the following: (1) Site Monitoring: For facilities located in Zone 1 of an APA, an owner of a facility may,at their own expense,be required to institute a program to monitor groundwater, surface water runoff, and/or site soils. The Depar truent may require that the owner of a facility install one or more groundwater monitoring wells in a manner approved by the Department in order to accommodate the required groundwater monitoring. Criteria used to determine the need for site monitoring shall include, but not be limited to,the proximity of the facility to the City's production or monitoring wells,the type and quantity of hazardous materials on site, and whether or not the hazardous materials are stored in underground vessels. Every owner required to monitor groundwater, surface water runoff, and/or soils shall perform such monitoring semi-annually and obtain independent analytical results of the presence and concentration of those chemicals requiring monitoring (including breakdown and transformation products)as identified by the Department in the operating permit.The analytical results shall be obtained through the use of Department of Ecology-approved methods for water and/or soils. The results shall be .400 filed within ten(10) days with the Department. If a facility is required to perform site monitoring pursuant to subsection H2d(vi) of this Section,Additional Facility Requirements for Zone 1, Site Monitoring,then a site monitoring plan will be required. This plan must indicate procedures to be followed to assess groundwater, surface water runoff, and/or soil for concentrations of those chemicals requiring monitoring as identified by the Department in 10 the operating permit. If a groundwater monitoring program is in effect per the requirements of 40 CFR 264 or 265, and this program includes all of the chemicals identified in the operating permit, then it shall be incorporated into the site monitoring plan which shall also include provisions to address the groundwater monitoring requirements of subsection H2d(vi)of this Section,Additional Facility Requirements for Zone 1, Site Monitoring, and RMC 4-9-015G3,Unauthorized Releases, Monitoring Results. (2) Site Improvements: (A)For facilities located in Zone 1 of an APA,the owner may be required to pave all currently unpaved areas of their facility that are subject to any vehicular use or storage, use,handling, or production of hazardous materials. (B)For those facilities located in Zone 1 of an APA in which the nature of the business involves the use of hazardous materials outside of fully enclosed structures,the City shall evaluate the existing storm water collection and conveyance system,and reserves the right to require the owner to upgrade the system to meet the provisions of RMC 4-6-030E3, Additional Requirements in Aquifer Protection Areas—Amendments to King County Surface Water Design Manual. (C)For those facilities located in Zone 1 of an APA, the City may require the owner to test interior wastewater plumbing and the building side sewer for tightness according to subsection H6a(ii), Pipeline Requirements—Zone 1, and reserves the right to require that such wastewater conveyance be repaired or replaced according to subsection H6a(i),Pipeline Requirements—Zone 1. (3) Capital Cost Reimbursement for Additional Operating Permit Requirements: The City shall pay fifty percent(50%) of documented capital costs up to twenty five thousand dollars ($25,000.00)for required installation and construction of monitoring wells, site paving, wastewater conveyance, and storm water improvements as required in subsections H2d(vi)(1A) and(214), Site Monitoring and Site Improvements. Payment by the City shall be made according to adopted administrative rules. 3.Use of Pesticides and Nitrates—APA Zones 1 and 2: a.Use of Pesticides: The application of hazardous materials such as pesticides shall be allowed in an APA, except within one hundred feet(100') of a well or two hundred feet(200')of a spring, provided that: i.The application is in strict conformity with the use requirements as set forth by the EPA and as indicated on the containers in which the substances are sold. ii. Persons who are required to keep pesticide application records by RCW 17.21.100.1 and WAC 16-228-190 shall provide a copy of the required records to the Depailnient within seventy two(72) hours of the application. b.Nitrate-Containing Materials: The application of fertilizers containing nitrates shall be allowed in an APA except within one hundred feet(100')of a well or two hundred feet(200')of a spring; provided,that: i.No application of nitrate-containing materials shall exceed one-half(0.5)pound of nitrogen per one thousand(1,000)square feet per single application and a total yearly application of five (5) pounds of nitrogen per one thousand(1,000) square feet; except that an approved slow-release nitrogen may be applied in quantities of up to nine-tenths (0.9)pound of nitrogen per one thousand(1,000) square feet per single application and eight(8)pounds of nitrogen per one thousand (1,000) square feet per year; and ii. Persons who apply fertilizer containing nitrates to more than one contiguous acre of land located in the APA either in one or multiple application(s)per year shall provide to the Department within seventy two(72)hours of any application the following information: (1)The name, address, and telephone number of the person applying the fertilizer; (2)The location and land area of the application; (3)The date and time of the application; (4)The product name and formulation; 11 Swe NNW (5)The application rate. , 4. Wastewater Disposal Requirements—Zones 1 and 2: Refer to RMC 4-6-040J, Sanitary Sewer Standards,Additional Requirements that Apply within Zones 1 and 2 of an Aquifer Protection Area. 5. Surface Water Requirements—Zones 1 and 2: Refer to RMC 4-6-030E, Drainage Plan Requirements and Methods of Analysis for additional surface water requirements applicable within Zones 1 and 2 of an Aquifer Protection Area. 6.Pipeline Requirements: a.Pipeline Requirements—Zone 1: i. All new and existing pipelines in Zone 1 shall be constructed or repaired in accordance with material specifications contained in subsection S of this Section,Pipeline Material. All existing product pipelines in Zone 1 shall be repaired and maintained in accordance with best management practices and best available technology. ii.All new pipelines constructed in Zone 1 shall be tested for leakage in conformance with the following provisions prior to being placed into service. (1)Pipeline leakage testing shall be conducted in accordance with best available technology, to the satisfaction of the Department. (2)Pipeline leakage testing methods shall be submitted to the Depaitnient for review prior to testing and shall include: a detailed description of the testing methods and technical assumptions; accuracy and precision of the test;proposed testing durations,pressures, and lengths of pipeline to be tested; and scale drawings of the pipeline(s) to be tested. (3)Upon completion of testing, pipeline leakage testing results shall be submitted to the Department and shall include:record of testing durations,pressures, and lengths of pipeline tested; and weather conditions at the time of testing. ,ei (4)Routine leakage testing of new pipelines constructed in Zone 1 may be required by the Depai tinent. iii. If the Department has reason to believe that the operation or proposed operation of an existing pipeline in Zone 1 of an APA may degrade ground water quality,the Department may require leakage testing of the existing pipeline in accordance with subsection H6a(ii)of this Section; and installation, sampling, and sample analysis of monitoring wells.Routine leakage testing of existing pipelines in Zone 1 may be required by the Depai tment. Criteria for this determination is specified under subsection D2b(ii),Potential to Degrade Groundwater—Zone 2,Criteria. iv. Should pipeline leakage testing reveal any leakage at any level then the Department shall require immediate repairs to the pipeline to the satisfaction of the Department such that no infiltration of water into the pipeline or exfiltration of substances conveyed in the pipeline shall occur.Any repairs which are made shall be tested for leakage pursuant to subsection H6a(ii) of this Section. b.Pipeline Requirements—Zone 2: If the Department has reason to believe that the operation or proposed operation of an existing pipeline in Zone 2 of an APA may degrade groundwater quality,the Department may require: leakage testing in accordance with subsection H6a(ii)of this Section; installation, sampling, and sample analysis of groundwater monitoring wells;repair of the pipeline to the satisfaction of the Department such that degradation of groundwater quality is minimized or eliminated. Criteria for this determination is specified under subsection D2b(ii),Potential to Degrade Groundwater— Zone 2, Criteria. 7. Construction Activity Standards—Zones 1 and 2: Refer to RMC 4-4-03007050C 7, Construction Activity Standards—APA Zones 1 and 2. 8.Fill Material Requirements—Zones 1 and 2: Refer to RMC 4-4-060L4, Fill Material,regarding quality of fill and fill material source statement requirements within aquifer protection areas. 12 • 9.Regulations for Existing Solid Waste Landfills—Zones 1 and 2: a.Materials: Earth materials used as fill or cover at a solid waste landfill shall meet the requirements of RMC 4-4-060L4,Fill Material. b. Groundwater Monitoring: The Department shall have the authority to require an owner of a solid waste landfill to implement a groundwater monitoring program equal to that described by King County Board of Health Title 10 (King County Solid Waste Regulations)Section 10.72.020 and a corrective action program equal to that described by Section 10.72.030.The Depaitiiient shall have the authority ascribed to the health officer in said regulations. Quarterly reports shall be provided to the Depa,tment detailing groundwater monitoring activity during the preceding three(3)months. Reports detailing corrective action required by the Department shall be submitted according to a written schedule approved by the Department. 10.Hazardous Materials—Release Restrictions—Zones 1 and 2: Hazardous materials shall not be spilled,leaked, emitted,discharged,disposed,or allowed to escape or leach into the air,into groundwater, surface water, surface soils or subsurface soils. Exception: Intentional withdrawals of hazardous materials for the purpose of legitimate sale,use, or disposal and discharges permitted under federal,state, or local law.Any unauthorized releases shall be subject to the procedural requirements of RMC 4-9-015G, Unauthorized Releases. (Amd. Ord.4851, 8-7-2000) Q MAPS (See existing map and proposed revision on following pages.) Naar 13 :741711:-4'7.47.‘14.'7,-:',1777...g,-'7::A.:.''''''''1- 1,:7:-.,••••••• •-•—__.'"'-'-':::i*2-F.'-'1'1:::::-..1 NW Figure 43-05OQ1 '' . AQUIFER PROTECTION ZONE:RE ===='-_ MERCER =-___ _= EAT N • _ _ritin _: _- _ _ *m == - _ NiWCASTL I _ ---_- - -- --- ISLAND _ COAL GR££K LI r:._ __ `-..{-: -_- -__ TRlBUTARtES _- __;_-- '_ '--- - - --' pia - _ - - - Eft. 17 1% \ _:�ri:-__ _ _� — = Tom:-9�-'clfY.�;._ - _ �_2 a�:�>�.'R r - S- V�� S? E .FY = _'C-T.ri. r� .7:47z::-7..-:,-,,At 5 '- � :s.�'S". • '-'-s-----)-\C:-:---- -.K .,...„. A -,....,„ 1_,..,....i„..,,66.0 I.,i,,4_,:::.....„,_,,..„ Tr- -.tIrt.''i'':i!% .,, vr. - - Siiiiimpo ::-.:;::::*:-..'..-..: :::: ‘.14' f \\ ) i 1_ilt17;T:...77-.'";77.-. .7..t'.., :•1'!.....;.:,;AT:At.:ta IO "'4V-.::';';'36::.4.v:9s,-*y.;71,kV'4!-...,:....,-;.,,,-.,Z;,:.:.;:.::i:-t'77,-.i.-:::-.......8..'-..:.,..:.-;-;.:1;Y-r!.S. r s e L•'•/r-4 x / Y obi- / z N\ as 7. vs : r 1i'4 2 IQ. r 1► r = N ,, , „, :I: aD- ,._ .... _______ S __:_l_z__,;______ ' .114 �1�1 L PA _:. NTRER LAKE C - ---- Renton Municipal Code For Reference Only Creeks Roads 1 Inch=I Mile - Zone 1 ;;— Rivers City Boundary *'= :�- Zone 2 :-:-:---:-: 1Lakes — — _ Municipality Boundaries _7n AC (Revised 10/00) fi v � Farc'if:'- $ -,,,a,. .-.-flAtit-,--, ;:: __1:0, „....... ,* , ,,-.4„€,,; wty,--,::,:r5::z--;:_, I'4t3,: .v. - FIGURE 4-3-050Q1 AQUIFER PROTECTION ZONES [earn$t �\ 1 `^ �J\ '9i6g L_—_, t 1 .:A, 1` _• LAKE WASH INGTON `'\\ � � J \ t rrJ �`_ 'fit J 1` 11 1 h \ 11 1 �. Y y ® > Y IIEv 1 ti A 1 ;1 '�,� \ y i u ,1 N th S,: F`r -eS;406tG SY > iY4{'• T :i3 XIr Ili Sl a.y«t fi\j(/ i tia�u""� �°�+ � - 1 1 ii ` �, 4�` � �' 'two >. X SW 7tn$t `S rP9 _ S o d WoY v ' eh ,r 4 _ � /'\ SW C#a Y Renton wog, �J_4y '',:,. �r ��.`31 SW 16th St y '.t• %/ •452'`� °rrr , d 2.s,'M •'' f',.5"�$ ,�� Mee ,r `` � _91W/ I J 1 �.�Y— N. w �� 1 — I eja . s SEV601h$1 1 — ® t IL ^ t i. SW Sam st o 11 1 __! / 1 Retro.ty Rd a I e SW 41st St �\ U1 I �•i / S t79fh % \ �! ` ? �SW 45rd St I LAKE DESIRE �1 \ J KENT 1 s , l ,_, '/_? �,,� S'thX �` O . \ SHADY LAKE / y '} \ 1aRF YOUNGS �' 1 SE 20BIh Si , Md-,�•'.r 4> t:``a r r ,� (/-,, Y RENTON MUNICIPAL CODE 0 5280' 10560' x Zone 1 .1... '///////////4 Zone 1 Modified �� 1 Zone 2 1 = 1 MILE — City Limits , *01 x n� znreTERS ED piQn-ri�r-rtnni REGULI\T!Ol S SPRINGBROOK WATERSHED (A n'd. Ord. ''4821, .1_2-2U-19,,, ,, - A- PURPOSE Ahab APP LABILITY; For the purpose of protecting the water furnished to the inhabitants of the�City and others '',,t''''''"':,:i,'',,r:o.'.,y':.'.,-.'..'1 „:."."'":-;' '''''-;''':. from . ollu+,,,,, an �nr the preservation andprotection ref the purity of the ei ks water supply; • acting p 6tiel3nt;tt chapter 227 of taws of 1907 and RCW 5 88 01,0 to 35 8 4t0 inclusive,the; i,, nrnr,nrtysubject to the re s+riotionr unposed by aforesaid laws;and by th s Chapter said a r ' 4 *�.- _- .hiss_`"' '.S'`bnik fn 40 4 .B gg ;:,;. 'k ' l y 4i' a 'Y'.z ae fir.. B LEGAL;DESCRIPTION C F SPRPBR O A E S E BAR' '. 7 f e F- '- .� .s a o 'ex �'''.� n�iE � , . .fie $ 2 Washington described as follows 1. 2 BeginningTat t intersection of t right of WayNline of Talbot i o d o. (96th Aire South) and the north line of Township 22 North, Range 5 East,bW.A y Thence east along #e now li- e:of saint T nsh 22 North to a line park e i mitt and 99,feet easterly as m acured at right angles from the.norther y production of th 4 fright of way line z of 106th Ave .E , M. I l� � '. il:e- Thence south c n said parallel line to the North right of 4 i ^, n '# tto a line`parallel i ith'and 150 fee u+esterly,as measured at rig st angles fi�a the Woof right of i .' t7E tkk G / 'I '',:% t k . ? �. i ,s ' r .£`y''' �ii k h ow ine 6tSt toe ` -i ie of '08th t Ne t�1 ht . ayln'. : f ayl of S E 10h, h i tE �+ „g ,, Norh-rg. t S.E. (SR 15� irAe .v ijm ' P z , .FS Ti �€ `�' �� '3 ya�'4 -. a ts�`r .•"- `` gy m :. th� `� !' r said West line i also the East line cif said Section 6 1 • ,,':,',:;'..:::'s.',, ,:„'',-'. '::1:,1:';i:.,':',: ',':',':'.114•!'':::,i,:,'::';',1':::.::'1,"1"::''f:';'::_i'7;:!::'.';:,,,c:.,,r;:,::,:,,,,::,,,,,':.,..,,,, ,::::::,,,,i,:i e:::i,!;,, ,,,,,,,:::,,''.::.,-:.'::::,.,,'''::::,.,":,,:::::.:,: i':,;.,i''';' ,'''''''•::.',,! ..:.:'":!..:',,,',:::.,'!.,::.:::i,1;:i.:,.,:-::,,:.:.:;:.,':,,'..,,.',,.:l':,...::.:'i'''-: 1/'l of the S E ,1111 of said Section 6, Thcnco West along the'South dine of ,i� inn inn•to+' : ,, + Enna f-1ht� Ea t 330 feet of, th"e• N. 1l2 of the N E '114 of� he S:E. 111 of 'said Section 6, 14 NNW .**11101 200+h St.; the,North line of•Township 22 North;,Range 5 East, W 111E , being the, 3829,8.6 1984) ` C • • MAP©F SPRINOBROOK WATERSHED BOUNDARY x z x p ,. _ 3 3 `. a r 3 fj; �� 44 D PROHIBI E S S x g n 7 ' endangered,is herebyro u it d anted declared tQ be unla ful, and is her service stations, any business that stores more than Lift yfive (65) gallons any t^� chem,ca�, except fortresider tial horr e 1F ` ating"ster-a e tans nt e n spill con n Spra trol pla ark p d _of fertilizers,c e cal b weed control along k road.arnd p rivate ditc-he and trearr panic -1 E sh and gran;cutting will be E SPE IAL SEWER D STORMWATER STANDARDS * •11 , x f ny person who shall tt e t h, y. �. �. �&'� ,• �'. ' .a� <.: t< - ���E ��� Bel:} c# or c�nd�tro,r}s h . 460,16.444,- committin y such`misdem#eox, and cox vic • shed punished by a fine in any sum''up to eve hundred liar 9( , erg r so meat i� t e.City jail for any,period up to` (Note: Map of Springbrook Watershed that follows to be deleted from Code.) 15 t 4-3 105 D SPRINGBROOK WATERSHED BOUNDARY , — � 86tn st I [--- i /. __ ! ._-._ 1 ._ f . _ ; } l l< • jam — t t I L. —, —, 5E t9Oth st ., —v 54" !9Oti S 1 i - 1 } - . _ v ;' S 55th St • •i`, ��` Li — i / i • (cam ` ( ` 54 I92nd St I Fit-tf --- ; Li- ` — t 1 + ,D... s ' �_ �_ alb w �— ,, . _ a �:�` st;th St 4 St; i o �. i--- �f: 19 tff � — - ' st S 0. St I , 5E 1200th St t, , 5;tu3r101 L ?� :I03n1bk afq• 2� <� 7 _ .. 4t r -i > _I_"- ' Ol : : ' Q iv { o. j 1Ia��tn_ C : r SE 208th St : , -- --, Y SE 208 h St I SE 208tn St (Ord. 4722,5-11-1998) D. PROHIBITED USES: tion upon said property or sufficiently near said The establishment or maintenance of any slaugh- property to cause the aforesaid City water supply ter pens,stock feeding yards, hog pens or the de- to be polluted or the purity of the water or any part posit or maintenance of any unclean or unwhole- thereof to be destroyed or endangered,is hereby some substance, or the conduct of any business prohibited and declared to be unlawful, and is or occupation, upon the property hereinabove de- hereby further declared to be and constitute a nui 111.0 - scribed, or the creating or allowing of any condi- sance. Also prohibited are the following: dry (Revised 2/00) 3 -42.6 4-4-060 GRADING, EXCAVATION, AND MINING REGULATIONS L. FILLS: 4. Fill Material: Fill materials shall have no more than minor amounts of organic substances and shall have no rock or similar irreducible material with a maximum dimension greater than eight inches (8"). Fill material shall meet the following requirements: a. Construction,Demolition, and Land Clearing Waste Prohibited: Fill material shall be free of construction,demolition, and land clearing waste except that this requirement does not preclude the use of recycled concrete rubble per Washington State Department of Transportation Standard Specifications for Road,Bridge, and Municipal Construction. b. Cleanliness of Fill Material: Fill material shall not contain concentrations of contaminants that exceed cleanup standards for soil specified in WAC 173-340-740,Model Toxics Control Act, regardless, of whether all or part efthe tonarttra-1 background letiels at the fill source >itc, For project sites located in /one I oft-he _gwkr Pr-o-sect Arca. fill material shall not contain detectable concentrations of petroleum per the d {'la; .1 Soils contained in Table V in "Guidance for Re.nediation of Petroleum Con4am-mated Soils"published by the Department of Ecology. Where the particular soil contaminant exceed,: the cleanup staixlard for soil specified fin WAC 1.73 310 710, then the limit shall be the standard for fill mateywl c;ualit `. Det""ion limits shall be as published by the Department of Ecology in the current version of"TABLE II: SOIL;Method Detection Limits, Practical Qua oration r nmt� Comhon. of Method B Values"or other source of information accepted by the Department if the Ecology publication does not ad re the co tam n + c. Special Requirement for Projects Located in Zone 1 of the Aquifer Protection Area and Which Will Involve Placement of More than Fifty(50) Cubic Yards of Imported Fill: A source statement ,war- certified by a professional engineer or geologist licensed in the State of Washington shall be provided to the Department and shall be reviewed and accepted by the Department prior to stockpiling or grading imported fill at the project site. The source statement, as defined in RMC 4-8-120D19, shall be required for each source location from which imported fill will be obtained. (Amd. Ord. 4851, 8-7-2000) d. Special Requirement for Projects Located in Zone 2 of the Aquifer Protection Area and Which Will Involve Placement of More than One Hundred(100)Cubic Yards of Imported Fill: The source statement described in RMC 4-8-120D19 is required for each source location from which imported fill will be obtained. (Amd. Ord.4851, 8-7-2000) -e Abbrevia ed Source Statementf r Aquifer Pro�te io Area f The Depaitnient may accept a sourc statemen defiped in M '4-8 120 19,that does no t� elude results o s ping and ana`lysts� offi rted fill if i. fe sionaf Bolo st o . gineer h s .i ,in:4he State:otW'4 as fitg .n nertifies 1.Qte ine tha his _ cation#ro ich fil will �oh b e �i �rer bed X ' 'u elected to use tied hale in`roduce chemic l in the si c provided indicatin atthe source cast ,is ee ofeb to i . lei addit o to ' nfor cation ,r z, �VAC not limited�t �$ y� a'E f i)I e u;��f field testing; earth ntitcri s f e irzrpoited the s t a 1 nutrumi n#J capable of det¢e ing t' e pzesenc,,e of contami ants and s , k (ii Results o previous sample and analysis et Bar t 11 at.eria s to be im pored to the site 3= (Amd Ord `1851 8 7 2000) t f llepartment Authority to Regis e Additional 1nformafion or Reject Certified Source Statement .The Department ha the authority to request additional'information regardui t imported fll, material.a d,the,source"t ereof and.to:reje:.t:.a source-statc sieot or abhrer=rated so irce statement ifthev:c o, not demonstrate at$the ill material to be imported tie a.projectgsite meets till inatertal standards in pair 4a:aztd b above, n ot_th lDepart nent.;hasreason to suspect that he ill material`could he.contaminated 'w.. Sucli'sie'quests of r iections shall he iriade in`1 citing fb the applicant:, 16 gf. Source Statement Not Required for Imported Fill Obtained from Washington State Depaitment of Transportation Approved Source: The source statement defined in RMC 4-8-120D19 is not required for those projects located in the aquifer protection area if contractual documents confirm that imported fill will be obtained from a Washington State Depaitinent of Transportation approved source. (Amd. Ord.4851, 8-7-2000) hg. Sampling and Analysis Procedures: The licensed professional engineer or «eolowist or person under theirzrn, nginecr e supervision who samples earth materials to be used as imported fill, oversees analysis, and prepares the source statement required by subsections L4c and L4d of this Section shall follow procedures specified in WAC 173-340-820 and 173-340-830 of the Model Toxics Control Act Cleanup Regulation and "Guidance u:1 Sampling and Data Analysis Methods"published by the published by the Department of Ecolog,„ ;h 11 he followed for earth materials potentially contaminated wwith petroleum. i# . Permittee Subject to Required Actions after Illegal Placement of Imported Fill: A permittee who stockpiles or grades imported fill at the site without Department review and acceptance of the source statement required by subsections L4c and L4d of this Section or who stockpiles or grades fill at the site that does not meet the fill quality standardsrc quirements of subsections L4a and L4b of this Section is subject to measures specified by the Department to reduce risk of contamination of the site due to illegal placement of fill. Such measures may include,but are not limited to, any or all of the following and shall be implemented at the permittee's expense: (1)Provide the Department with the&source statement defined in RMC 4-8-120D19m ceting the requirements of subsection L'lc of this-Section within a time-period specified by the Depaitment; (2)Immediately cover fill with a waterproof cover; (3)Immediately remove fill; (4)Installation of monitoring wells and monitoring of ground water quality; ""✓' (5)Remediation of contamination of the site caused by the illegal placement of fill according to a schedule specified by the Department and in accordance with cleanup standards for soil and groundwater described in the Model Toxics Control Act Cleanup Regulation, Chapter 173-340. ii.Depaitment Authority to Conduct Independent Sampling and Analysis: The Depaitment shall have the authority to enter on to private property to conduct independent sampling and analysis of fill. If the Department determines that fill does not meet fill quality standards of subsections L4a and L4b of this Section,then it may require the permittee to accomplish any or all of the measures listed in part h. of this subsection at his or her own expense. 1: . Department Authority to Implement Removal and Remediation Measures: The Depax lucent or its authorized agents shall have the authority to implement measures listed in subsection L4h of this Section if the permittee fails to accomplish such measures in a timely manner. The permittee shall be responsible for any costs incurred by the Department or its authorized agents in the conduct of such activities. (Amd. 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O 0) c m O ca m e a`5 .c0i a, < c a _ o o 0 a) O O U) U) co O E. r• c 0 i co F~_— cao Q - -(2 a) c "- cv .E Q 3 o c c c cn To .= U a) a) i.._, a) m a) m cn E u)) a) t ca ) c) Q 3 a u) - d a. L)) - - c) U ai - L. U O to O -C a) •a) -a U U 0 a) a) W m C o a�i o �° ;u °)a rn O E O a°)i - io is CI) n ea a) 2 a) O o a) O .. O 0) JJ22 � w trcCcncn � inininn65cncni7F-_ I- 5 Table 4-8-120B Legend a. Required for any alteration of exterior of(heated)building envelope. b.When required by Section 1804(Foundations and Retaining Walls)of the UBC. c. Required for installation of a new furnace or a replacement of greater size. d. Not required for pools/spas/hot tubs to be installed within an existing building. e. Required for structural changes only. f. Required for food service establishments only. g. Required only for public pools/spas/hot tubs(not required for single family or duplex pools/spas/hot tubs). h. Required for duplexes only. i. Required for other than conventional construction. j. Required only if trade-off option is being used for compliance. k. For multi-family,one per building. I. Not required for additions. m. Not required for multi-family projects. n. For restaurants and any construction project involving work in the right-of-way,four(4)copies are required. o. Required only when project is located in an Aquifer Protection Area if construction vehicles will be refueled on site and/or the quantity of hazardous materials that will be stored dispensed used, and handled on the construction site. exclusive of the quantity of hazardous materials contained in fuel or fluid reservoirs of construction vehicles.will exceed twenty(201gallons. Weight of solid hazardous materials will be converted to volumes for purposes of determining whether de minimus amount is exceeded. Ten (10) pounds shall be considered equal to one gallon. p. Required only when project is located in an Aquifer Protection Area. (Ord.4587, 3-18-1996;Amd. Ord.4773,3-22-1999) The number of copies(if any)is indicated in each column unless waived by the Development Services Division D DEFINITIONS OF TERMS USED IN SUBMITTAL REQUIREMENTS FOR BUILDING,PLANNING AND PUBLIC WORKS PERMIT APPLICATIONS: 3. Definitions C: Closure Permit Application,Aquifer Protection Area: An application package including the following: a. A list of hazardous materials to be removed from premises, the method of removal, and the final destination (include product names and quantities):. b. A list of potentially contaminated equipment and/or containment devices to be removed from premises and a description of the method of disposal or recycling: c. A plan prepared by a professional engineer or geologist licensed in the State of Washington to investigate the facility to determine whether it is free of contamination exceeding Model "l nxics Control Act (MICA) standards (VAC 173-340)_to report findings to the Water Utility. and to describe remediation needed, if any. according to said standards and Renton Municipal Code 4-9-015G. d. .AA written agreement between the owner, the property owner. and the purchaser or other recipient, in lieu of a. and b. above, stating that the owner will not remove hazardous 20 materials and containment devices from the iaeilati because all agree that the materials and devices are needed to continue to operate the facility. e. A schedule for implementation of a and b ahov e and the investivation described in c. a. A hi:it of hazardous materials to he removed from the premises including product names and quantities. b. A description of the method of hazardou:,mat a=i-alp: removal and proposed material destination. c. A list of contaminated equipment and/or co,:t.: -ment devices to be removed from the premise!: and a description of the method of disposal or recycling. (Ord. 4851, 8-7-2000) 8.Definitions H: Hazardous Materials Management Statement: A statement which includes: a. A description of refueling of construction vehicles that will occur on the site and an inventory of hazardous materials expected to be temporarily stored, dispensed,used,or handled on the site. b. A description of how the requirements in RMC 4-4-03007,1 3 050117, Construction Activity Standards—Zones 1 and 2, will be met by the applicant. (Ord.4851, 8-7-2000) 15.Definitions 0: Operating Permit Application,Aquifer Protection Area:An application package including the following: rl ik0 e .#6141ettl 'llrt*US YioltraW ` *s t i 7 d Q •• ovit b.A list of the chemicals to be monitored through the analysis of groundwater samples s if groundwater monitoring is anticipated to be required; c. A detailed description of the activities conducted at the facility that involve the storage, handling,treatment,use or production of hazardous materials in quantities greater than the de minimus amounts specified in RMC 4-3-050C6a(ii)(1); d.A description of the containment devices used to comply with the requirements of this Section; e. A description of the procedures for inspection and maintenance of containment devices; f.A description of how hazardous materials will be legally disposed; g.A site map showing the following: i. Property boundaries, ii. Building and other structures located on the property, iii. Secondary containment devices, and iv. Floor and yard drains with a note as to whether the drain is to storm or sanitary sewer. (Ord.4851, 8-7-2000) 4-9-015 AQUIFER PROTECTION AREA PERMITS: A PURPOSE: The purpose of this Section is to protect aquifers used as potable water supply sources by the City from contamination by hazardous materials. This Section establishes permit procedures. operating 21 permits, closure permits, and uniform standards for release reporting, emergency response, closure and abandonments. B APPLICABILITY: 1. Operating Permits Required:No person,persons,corporation, or other legal entities shall operate a facility in an aquifer protection area(APA)(see RMC 4-3-050Q1,Maps, Aquifer Protection)without first obtaining an operating permit from the Department.Any person who owns more than one facility in a single zone of the APA shall have the option of obtaining one permit for all operations if the operations at each facility are similar and the permit requirements under this Section are applicable to each facility individually. Closuree uuW uired '4 o -rr of �� o e hty otl ®4 S e 1 i - : C o so th r t .went s its. � . s'a eLA : o y 3.Reporting of Unauthorized Release of Hazardous Materials: All persons shall comply with RMC 4-3-050H10 and subsection G of this Section relating to unauthorized release of hazardous materials. C EXEMPTIONS—OPERATING AND CLOSURE PERMITS: The following land uses and activities do not require operating or closure permits,but may require compliance with other standards and regulations in RMC 4-3-050, Critical Areas Regulations. 1.Pipelines,Roadways,Railroads: Pipelines including storm and sanitary sewers and product pipelines, interstate freeways, State highways,arterials, local access streets, and railroads. 2. Cleanups,Monitoring and/or Studies under State or Federal Supervision: Cleanups, monitoring and/or studies undertaken under supervision of the Washington Department of Ecology or the U.S. Environmental Protection Agency. 3.Use,Storage, and Handling of Specific,Listed Hazardous Materials That Do Not Present a Risk to the Aquifer: a.Hazardous Materials That Do Not Present a Risk to the Aquifer: Use, storage, and handling of specific hazardous materials that do not present a risk to the aquifer as determined and listed by the Depai tuient are exempt from all regulation under this Section with the exception of the requirement to list these hazardous materials on the hazardous materials inventory statement as provided by RMC 4-8-120D15a, Operating Permit Application, Aquifer Protection Area. b. Sale of Hazardous Materials in Original,Small Containers: Hazardous materials offered for sale in their original containers of five(5)gallons or less. c. Hazardous Materials in De Minimus Amounts: Hazardous materials use, storage,and handling in de minimus amounts(aggregate quantities totaling twenty(20)gallons or less at the facility or construction site). (Hazardous material weights shall he converted to volumes for purposes of determining whether de minimus amounts are exceeded. Ten (10)pounds shall be considered equal to one gallon.) d.Hazardous Materials Contained in Properly Operating Sealed Units: Hazardous materials contained in properly operating sealed units (transformers,refrigeration units, etc.)that are not opened as part of routine use. e. Residential Use, Storage, and Handling of Hazardous Materials: Noncommercial 22 NNW' 44180 residential use, storage, and handling of hazardous materials provided that no home occupation business (as defined by chapter 4-11 RMC, Definitions) that uses, stores, or handles more than twenty (20) Lzallons of hazardous material is operated on the premises. f. Fuel Tanks and Fluid Reservoirs Attached to Motor Vehicle: Hazardous materials in fuel tanks and fluid reservoirs attached to a private or commercial motor vehicle and used directly in the operation of that vehicle. g.Fuel Oil: Fuel oil used in existing heating systems. h.Emergency—Governmental Organization: Public interest emergency use, storage, and handling of hazardous materials by governmental organizations. .Water Treatment and Water System Use: Hazardous materials used, stored, and handled by the City of Renton in water treatment processes and water system operations. j.Fueling of Equipment Not Licensed for Street Use: Fueling of equipment not licensed for street use provided that such fueling activities are conducted in a containment area that is designed and maintained to prevent hazardous materials from coming into contact with soil, surface water, or groundwater except for refueling associated with construction activity regulated by RMC 1 3 0501-17, Constr action Activity Standardsq Zones I and 2. a i e • a dti t ® 0 a a n a i msn+ R't k Ag.- o _ a ero of a 5'n A�-xt i � 1 a e ti ernen ® f a m e ent Ce t er a a e s a a s a ® a 4� 64 C. ®. 1 O � �Wi� �re� riXl �3�13��"��tr �OaAs ar Y" � � s #? • . a - ,� spa R fl� v f 4t t' f w f7 Site(�3 t{ idl Ll#nc111{" t (} k »E `�d. - r a rotor upt► ��][ �rdous rrtat� d o o � cil , rct e "a� -�t idF'r" sY ,r w. �4 3h suttal'Car �P a ducts;l azard us l l o per o r erorsa s � �*.' ucts� a°� e t w hic tl • p rod are stored me G D ADMINISTRATION: The Department Administrator, or his/her designee,shall have the power and authority to administer and enforce the provisions of this Chapter. E OPERATING PERMIT: 1. Submittal Requirements and Fees: Submittal requirements sShall be as listed in chapter 4-1 RMC, Administration and Enforcement, and RMC 4-8-120, Submittal Requirements—Specific to Application Type. There is no fee for an Operatint Permit. 2.Operating Permit Criteria—Zones 1 and 2: a.Criteria—Zones 1 and 2: The Department shall not issue an operating permit for a facility unless adequate plans, specifications, test data, and/or other appropriate information has been submitted by the owner showing that the proposed design and construction of the facility meets the intent and provisions of this Section and RMC 4-3-050, Critical Areas Regulations, and will not impact the short term, long term or cumulative quantity or quality of groundwater. b.Additional Criteria—Zone 1: In Zone 1 of an APA,no change in operations at a facility shall be allowed that increases the quantities of hazardous materials stored,handled, treated,used, or produced in excess of quantities reported in the initial aquifer protection area operating permit with the following exception: An increase in the quantity of hazardous materials is allowed up to the amount allowed for a new facility in Zone 1 as provided by RMC 4-3-050C8e(ii),Prohibited Activities—Aquifer Protection Areas. 23 3.Operating Permits—Conditions for Zone 1 and 2: Specific conditions for operating permits issued to facilities in Zones 1 and 2 of an APA are described in RMC 4-3-050H, Aquifer Protection. The following general conditions in subsections E3a,b, c, and d, and E4 through E6 of this Section shall be included as part of any operating permit issued pursuant to this Section: a.In-House Inspection and Maintenance: Procedures for the in-house inspection and maintenance of containment devices and areas where hazardous materials are stored,handled, treated, used,and produced shall be identified in the operating permit for each facility. Such procedures shall be in writing, and a log shall be kept of all inspection and maintenance activities. Such logs shall be submitted to the Department annually and shall be available for inspection. Inspection and maintenance logs shall be maintained on-site by the owner for a period of at least three (3)years from the date the monitoring was performed. b.Changes to Facility—Responsibility to Report: The permittee shall report to the Depai tnient within fifteen(15)days after any changes in a facility including: i.The storage,handling,treatment, use,or processing of new hazardous materials; ii. Changes in monitoring procedures; or iii. The replacement or repair of any part of a facility that is related to the hazardous material(s). c.Unauthorized Release—Responsibility to Report: The permittee shall report to the Department any unauthorized release occurrence,within twenty four(24)hours of its detection, in accordance with subsection H2a of this Section. d.Compliance with Inspection Report: Within thirty(30)days of receiving an inspection report from the Department,the operating permit holder shall file with the Department a plan and time schedule to implement any required modifications to the facility or to the monitoring plan needed to achieve compliance with the intent of this Chapter or the permit conditions.This plan and time schedule shall also implement all of the recommendations of the Depai tnient. 4.Effect of Operating Permit: An operating permit,issued by the Reviewing Official, shall be effective for one year.The Reviewing Official shall not issue a permit to operate a facility until he/she determines that the facility complies with the provisions of these regulations. If an inspection of the facility reveals noncompliance, then the Responsible Official must verify by a follow-up inspection that all required corrections have been implemented before renewing the permit. The facility owner shall apply to the Department for permit renewal at least sixty(60)days prior to the expiration of the permit. 5.Operating Permit Renewal: All aquifer protection area operating permits must be renewed by the Department on an annual basis. 6.Transferability: Operating permits may be transferred to a new facility owner if the new facility owner does not change any conditions of the permit,the transfer is registered with the Department within thirty(30)days of the change in ownership, and any necessary modifications are made to the information in the initial permit application due to the change in ownership. F CLOSURE PERMIT: 1. Submittal Requirements and Fees: Submittal requirements sShall be as listed in chapter 4-1 RMC,Administration and Enforcement, and RMC 4-8-120, Submittal Requirements—Specific to Application Type. There is no fee for a Closure Permit. 2. Closure Permits and Permit Conditions—Zones 1 and 2: . 4 , h a - ^ -�� �a Y x'' •v '�",o--._ s} t r 1 ,r ,u E`� a,Asa,..--�,.-. - "A1 _ r T iM slItia a losur eeirmit ApplicationAequiredfor`Facilities A C1t s irc:Permit pica ions 1 X 24 the PPP- artrnertt mad review all site xx oan to tng results';submitted by owners�n an APA The Department "" may°require the Q ner to immediately accomplish the following if.a hazardous material that i listed int F the �peratizi his detected iri an� �"s monitoringe11s),surface water runoff,and/or site sods .' and the cort.ce tratidi exceeds Model'Yoxics Control Act Cleanup Standards as provided in chapter l 73 340 WAC o if according to the besavarlable scientific�ormattons the concentration may cause then City,water supplyµto fail to meet Stat�dn�ng water�quah standards, i. Locate and determine the source of the hazardous material detected. ii. Stop and prevent any further unauthorized release(s), of the hazardous material detected, if under the control of the owner. iii. Comply with the requirements for an unauthorized release(s) from a facility. 26 • ire rr+° CITY OF RENTON, WASINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-3-050 OF CHAPTER 3, ENVIRONMENTAL REGULATIONS AND SPECIAL DISTRICTS; SECTION 4-4-060 OF CHAPTER 4, PROPERTY DEVELOPMENT STANDARDS; SECTION 4- 8-120 OF CHAPTER 8, PERMITS AND DECISIONS; AND SECTION 4-9- 015 OF CHAPTER 9, PROCEDURES AND REVIEW CRITERIA; OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY AMENDING AQUIFER PROTECTION REGULATIONS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Sections 4-3-050.B.2.a through d. of Chapter 3, Environmental Regulations and Special Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," are hereby amended to read as follows: a. Applicability: The aquifer protection regulations apply to uses, activities, and facilities located within an aquifer protection area(APA) as classified below. b. Aquifer Protection Area(APA): Aquifer protection areas are the portion of an aquifer within the zone of capture and recharge area for a well or well field owned or operated by the City, as depicted in subsection Q.l of this Section, Maps. c. Aquifer Protection Zones: Zones of an APA are designated to provide graduated levels of aquifer protection. The following zones may be designated. i. Zone 1: The land area situated between a well or well field owned by the City and the three hundred sixty five (365) day groundwater travel time contour. 1 ORDINANCE NO. .,.. ii. Zone 1 Modified: The same land area described for Zone 1 but for the purpose of protecting a high-priority well, wellfield, or spring withdrawing from an aquifer that is partially protected by overlying geologic strata. Uses, activities, and facilities located in this area are regulated as if located within Zone 1 except as provided by C6(a)(iii) of this section. iii. Zone 2: The land area situated between the three hundred sixty five (365) day groundwater travel time contour and the boundary of the zone of potential capture for a well or well field owned or operated by the City. If the aquifer supplying water to a well, well field, or spring is naturally protected by overlying geologic strata,the City may choose not to subdivide an APA into two (2) zones. In such a case, the entire APA will be designated as Zone 2. d. Mapping: i. Determination of Location within a Zone of an Aquifer Protection Area: In determining the location of facilities within the zones defined by subsection Q.1 of this Section, the following rules shall apply. (a) Facilities located wholly within an APA zone shall be governed by the restrictions applicable to that zone. (b) Facilities having parts lying within more than one zone of an APA shall be governed as follows: Each part of the facility shall be reviewed and regulated by the requirements set forth in this Section for the zone in which that part of the facility is actually located. (c) Facilities having parts lying both in and out of an APA shall be governed as follows: • That portion which is within an APA shall be governed by the applicable restrictions in this Section; and 2 ORDINANCE NO. — • That portion which is not in an APA shall not be governed by this Section. ii. Zone Maps: The locations of aquifer protection areas (APA) in the City are depicted by the map in subsection Q.1 of this Section, Maps. SECTION II. Section 4-3-050.C.1 of Chapter 3, Environmental Regulations and Special Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 1. Applicability: Unless determined to be exempt from permitting and standards, all proposed development, fill, and activities in regulated critical areas and their buffers shall comply with the requirements of this Section. Expansion or alteration of existing activities shall also comply with the requirements of this Section. Any person seeking to determine whether a proposed activity or land area is subject to this Section may request in writing a determination from the City. Such a request for determination shall contain the information requirements specified by the Department Administrator. a. Aquifer Protection Areas—Compliance with Regulations: The following developments, facilities, uses and activities shall comply with the applicable provisions and restrictions of this Section and chapters 4-4, 4-5, 4-6, 4-9, and 5-5 RMC for the APA zone in which the developments, facilities, uses and activities are located, except as preempted by Federal or State law: i. Development Permits: Development permits shall be reviewed for compliance with the aquifer protection requirements of this Section. ii. Facilities: Facilities, as defined in RMC 4-11-060, Definitions F, which 3 ORDINANCE NO. are existing, new, or to be closed are subject to this Section as specified below: (a) Existing Facilities: All owners of facilities which store, handle, treat, use, or produce hazardous materials or have done so in the past, must comply with the permit requirements, release reporting requirements, and closure requirements as set forth in this Section; (b) Existing Facilities—Limitation on Material Increase: In Zone 1 of an APA, no change in operations at a facility shall be allowed that increases the quantities of hazardous materials stored,handled, treated, used, or produced in excess of quantities reported in the initial aquifer protection area operating permit with the following exception: An increase in the quantity of hazardous materials is allowed up to the amount allowed for a new facility in Zone 1 as provided by subsection C.8.e(ii) of this Section, Prohibited Activities—Aquifer Protection Areas, Zone 1; (c) New Facilities: All proposals for new facilities within any zone of an aquifer protection area must be reviewed for compliance with this Section prior to issuance of any development permits for uses in which hazardous materials are stored, handled, treated, used or produced or which increase the quantity of hazardous materials stored, handled, treated,used, or produced; (d) Abandonment: No person, persons, corporation or other legal entity shall temporarily or permanently abandon, close, sell, or otherwise transfer a facility in an APA without complying with the requirements of RMC 4-9-015.F, Closure Permits, and permit conditions of this Section; iii. Hazardous Materials—Use, Production, Storage, Treatment, Disposal, or Management: Persons that store, handle, treat, use, or produce a hazardous material as defined by 4 ORDINANCE NO. •..,. chapter 4-11 RMC, Definitions, shall be subject to the requirements of this Section, and as further specified below: (a) All applications for development permits for uses in which hazardous materials are stored, handled, treated, used or produced or which increase the quantity of hazardous materials stored, handled, treated, used, or produced at a location in the APA must be reviewed for compliance with this Chapter by the Department prior to approval. (b) The focus of review for all permits will be on the hazardous materials that will be stored, handled, treated, used, or produced; and the potential for these substances to degrade groundwater quality. (c) An inventory of hazardous materials on forms provided by the Department shall be submitted to the Department upon application for a development permit. (d) Where required by the Department, plans and specifications for secondary containment shall be submitted and shall comply with subsection H.2.d(i)of this Section, Secondary Containment—Zones 1 and 2. Development penuits shall not be issued until plans and specifications for secondary containment, if required, have been approved by the Department. (e) The Generic Hazardous Materials List attached and incorporated as subsection R of this Section is provided for informational purposes. iv. Application of Pesticides and Nitrates: Persons who apply pesticides and/or fertilizer containing nitrate in the APA, except for homeowners applying only to their own property, shall comply with subsection H.3 of this Section, Use of Pesticides and Nitrates— APA Zones 1 and 2. v. Construction Activities: Persons engaged in construction activities as 5 ORDINANCE NO. defined in RMC 4-11-030, Defmitions C, shall comply with subsection H.7 of this Section, Construction Activity Standards—Zones 1 and 2, and RMC 4-4-030.C.7, Construction Activity Standards—APA Zones 1 and 2; vi. Fill Material: Persons placing fill material on sites within the APA shall comply with subsection H.8 of this Section, Fill Material, and RMC 4-4-060.L.4, Fill Material; vii. Fuel Oil Heating Systems: Owners of facilities and structures shall comply with subsection C.8.e(i)(9) and C.8.e(ii)(6) of this Section, Prohibited Activities—Aquifer Protection Areas, Zones 1 and 2, relating to conversion of heating systems to fuel oil and installation of new fuel oil heating systems. viii. Pipelines: Owners of pipelines as defined in RMC 4-11-160 shall comply with subsection H.6 of this Section, Pipeline Requirements; ix. Solid Waste Landfills: Owners of existing solid waste landfills shall comply with subsection H.9 of this Section, Regulations for Existing Solid Waste Landfills— Zones 1 and 2; x. Surface Water Systems: Surface water systems shall meet the requirements of subsection H.5 of this Section, Surface Water Requirements, and RMC 4-6- 030.E, Drainage Plan Requirements and Methods of Analysis; xi. Unauthorized Release: All persons shall comply with subsection H.10 of this Section, Hazardous Materials—Release Restrictions—Zones I and 2, and RMC 4-9-015.G, Unauthorized Releases; xii. Wastewater Disposal Systems: Owners of structures that are connected to existing on-site sewage disposal systems and proposed wastewater disposal systems shall comply with subsection H.4 of this Section, Wastewater Disposal Requirements, and RMC 4-6-040.J, 6 NNW Nero ORDINANCE NO. Sanitary Sewer Standards, Additional Requirements that Apply within Zones 1 and 2 of an Aquifer Protection Area. b. Shorelines, Streams and Lakes: (Reserved) SECTION III. Section 4-3-050.C.6 of Chapter 3, Environmental Regulations and Special Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 6. Limited Exemptions: Activities which are exempt from some, but not all provisions of this Section are listed in the following table. If an"X" appears in a box, the listed exemption applies in the specified critical area and required buffer. If an"X"does not appear in a box, then the exemption does not apply in the particular critical area or required buffer. Whether the exempted activities are also exempt from permits will be determined based upon application of RMC Chapters 4-8 and 4-9, or other applicable sections of the Renton Municipal Code. LIMITED EXEMPTIONS—WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shorelines/ Wetlands Protection Hazard Hazard Area Conservation Streams/Lakes Area Area Area (Reserved) a.Hazardous Materials: i.Materials for Sale in Original Small X1 Containers:Hazardous materials offered for sale in their original containers of five(5)gallons or less shall be exempt from requirements in subsections H.2.d(i)through(vi)of this Section and the requirements pertaining to removal of existing facilities in subsection H.2.a(i). ii.Activities Exempt from Specified Xl Aquifer Protection Area Requirements: The following are exempt from requirements in subsections H.2.d(i) through(vi)of this Section,the requirements pertaining to review of proposed facilities in subsection C.8.e 7 ORDINANCE NO. 'goof LIMITED EXEMPTIONS—WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shorelines/ Wetlands Protection Hazard Hazard Area Conservation Streams/Lakes Area Area Area (Reserved) of this Section, Prohibited Activities— Aquifer Protection Areas, and the requirements pertaining to removal of existing facilities in subsection H.2.a(i). (1)Hazardous materials use,storage, X1 and handling in de minimus amounts (aggregate quantities totaling twenty (20)gallons or less at the facility or construction site). Weights of solid hazardous materials will be converted to volumes for purposes of determining whether de minimus amounts are exceeded. Ten(10)pounds shall be considered equal to one gallon.) (2)Noncommercial residential use, X1 storage,and handling of hazardous materials provided that no home occupation business(as defined by chapter 4-11 RMC)that uses, stores,or handles more than twenty(20)gallons of hazardous material is operated*ft. the premises. (3)Hazardous materials in fuel tanks Xl and fluid reservoirs attached to a private or commercial motor vehicle and used directly in the operation of that vehicle. (4)Fuel oil used in existing heating X1 systems. (5)Hazardous materials used,stored, X1 and handled by the City of Renton in water treatment processes and water system operations. (6)Fueling of equipment not licensed X1 for street use;provided,that such fueling activities are conducted in a containment area that is designed and maintained to prevent hazardous materials from coming into contact with soil, surface water,or groundwater except for refueling associated with construction activity regulated by subsection H.7 of this Section, Construction Activity Standards— Zones 1 and 2. (7)Hazardous materials contained in X1 properly operating sealed units (transformers,refrigeration units, etc.) 8 ORDINANCE NO. LIMITED EXEMPTIONS—WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shorelines/ Wetlands Protection Hazard Hazard Area Conservation Streams/Lakes Area Area Area (Reserved) that are not opened as part of routine use. (8)Hazardous materials in fuel tanks Xl attached to private or commercial equipment,and used directly in the operation of that equipment. (9)Hazardous materials in aerosol XI cans. (10)Hazardous materials at multi- X1 family dwellings,hotels,motels, retirement homes,convalescent center/nursing homes,mobile or manufactured home parks,group homes,and daycare family homes or centers when used by owners and/or operators of such facilities for on-site operation and maintenance purposes. (11)Hazardous materials used for X1 janitorial purposes at the facility where the products are stored. (12)Hazardous materials used for X1 personal care by workers or occupants of the facility at which the products are stored including but not limited to soaps,hair treatments,grooming aids, health aids,and medicines. iii.Facilities in Zone-1 Modified X1 Aquifer Protection Area Exempt from Specified Aquifer Protection Area Requirements: Facilities located in the Zone 1-Modified Aquifer Protection Area in Figure 4-3-050Q1 are exempt from the following: 1)Removal requirements in subsection X1 H.2.a(i)of this Section except that the storage,handling,use,treatment,and production of tetrachloroethylene(e.g. dry-cleaning fluid)shall continue to be prohibited; 2)Additional facility requirements in X1 subsection H.2.d(vi)of this Section; 3)Wastewater requirements in X1 subsection 4-6-040.J.1.a but shall be subject to Zone 2 requirements in 4-6- 040J2; Now, 4)The prohibition of septic systems X1 9 ORDINANCE NO. LIMITED EXEMPTIONS—WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shorelines/ Wetlands Protection Hazard Hazard Area Conservation Streams/Lakes Area Area Area (Reserved) contained in 4-3-050C8e(ii)(2);and 5)Surface water management X1 requirements of 4-6-030E except that Zone 1 pipeline requirements shall continue to apply and facilities shall be subject to Zone 2 requirements contained in 4-6-030E. 1If a hazardous material,activity,and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality,then the Department Administrator may require compliance with the aquifer protection requirements of this Section otherwise relevant to that hazardous material activity and/or facility. SECTION IV. Section 4-3-050.C.8 of Chapter 3, Environmental Regulations and Special Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 8. Prohibited Activities: Prohibited activities are identified below for each critical area governed by this Section. a. General — All Critical Areas: No action shall be taken by any person, company, agency, or applicant which results in any alteration of a critical area except as consistent with the purpose, objectives, and requirements of this section. b. Prohibited Activities — Floodways: Encroachments, including fill, new construction, substantial improvements, and construction or reconstruction of residential structures is prohibited within designated floodways, unless it meets the provisions of subsection I.4 of this Section, Additional Restrictions within Floodways. c. Prohibited Activities— Shorelines, Streams and Lakes: (Reserved) d. Prohibited Activities — Wetlands: Grazing of animals is not allowed within a wetland or its buffer. 10 ORDINANCE NO. e. Prohibited Changes in Land Use and Types of New Facilities— Aquifer Protection Areas: i. Zone 1: (1) Changes in land use and types of new facilities in which any of the following will be on the premises: (a) More than five hundred (500) gallons of hazardous material; (b) More than one hundred fifty(150) gallons of hazardous material in containers that are opened and handled; (c) Containers exceeding five (5) gallons in size; or (d) Tetrachloroethylene (dry-cleaning fluid). (2) Surface impoundments (as defined in chapters 173-303 and 173- 304 WAC); (3) Hazardous waste treatment, storage, and disposal facilities; (4) All types of landfills, including solid waste landfills; (5) Transfer stations; (6) Septic systems; (7) Recycling facilities that handle hazardous materials; (8) Underground hazardous material storage and/or distribution facilities; (9) New heating systems using fuel oil except for commercial uses when the source of fuel oil is an existing above-ground waste oil storage tank; and (10) Petroleum product pipelines. ii. Zone 2: 11 ORDINANCE NO. (1) Surface impoundments (as defined in chapters 173-303 and 173- 304 WAC); (2) Recycling facilities that handle hazardous materials; (3) Hazardous waste treatment, storage, and disposal facilities; (4) Solid waste landfills; (5) Transfer stations; (6) New heating systems using fuel oil stored in underground storage tanks; and (7) Petroleum product pipelines. SECTION V. Sections 4-3-050.H.1 and H.2 of Chapter 3, Environmental Regulations and Special Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," are hereby amended to read as follows: 1. Applicability: In addition to the general standards of subsection E of this Section, the following performance standards, subsections H.2 to H.10, apply to all non-exempt uses, activities, and facilities on sites located within an aquifer protection area per subsection B.2, Critical Areas Designations/Mapping, Aquifer Protection. 2. Facilities: a. Removal of Existing Facilities—Zone 1: i. The storage, handling, use, treatment or production of hazardous materials in aggregate quantities greater than five hundred (500) gallons shall not be allowed within Zone 1 of an APA after October 14, 2002. The storage, handling, use, treatment or production of tetrachloroethylene (dry-cleaning fluid) shall not be allowed within Zone 1 of an APA after 12 ORDINANCE NO. r..� �.. March 31, 1999. ii. Once a facility in Zone 1 is closed, relocated, or the use of hazardous materials is terminated, reinstatement of the use of hazardous materials on the site in quantities greater than that allowed for new facilities locating in Zone 1 as described in subsection C.8.e(ii), Prohibited Activities, Zone 1, shall be prohibited. iii. Closure of a facility or termination of any or all facility activities shall be conducted in accordance with the closure requirements in RMC 4-9-015F, Closure Permit. b. Existing Facilities Change in Quantities—Zone 1: In Zone 1 of an APA, no change in operations at a facility shall be allowed that increases the aggregate quantity of hazardous materials stored, handled, treated, used, or produced with the following exception: The aggregate quantity of hazardous materials may be increased not to exceed 500 gallons. c. Existing Facilities—Allowances in Zone 2: The storage,handling, treatment, use or production of hazardous materials at existing facilities shall be allowed within Zone 2 of an APA upon compliance with the provisions of this Section. d. Requirements for Facilities—Zones 1 and 2: The following conditions in subsections H.2.d(i) to (vi) of this Section will be required as part of any operating permit issued for facilities in Zone 1 of an APA. Conditions in subsections H.2.d(i)to (v) shall apply to facilities in Zone 2 of an APA. i. Secondary Containment—Zones 1 and 2: (1) Materials Stored in Tanks subject to DOE—Zones 1 and 2: Hazardous materials stored in tanks that are subject to regulation by the Washington Department of Ecology under chapter 173-360 WAC are exempt from containment requirements in subsection H.2.d(i), Secondary Containment—Zones 1 and 2, but are subject to applicable 13 ORDINANCE NO. — requirements in RMC 4-5-120, Underground Storage Tank Secondary Containment Regulations. (2) Secondary Containment Devices and Requirements—Zones 1 and 2: Every owner of a facility shall provide secondary containment devices adequate in size to contain on-site any unauthorized release of hazardous materials from any area where these substances are either stored, handled, treated, used, or produced. Secondary containment devices shall prevent hazardous materials from contacting soil, surface water, and groundwater and shall prevent hazardous materials from entering storm drains and, except for authorized and permitted discharges, the sanitary sewer. Design requirements for secondary containment devices are as follows: (A) The secondary containment device shall be large enough to contain the volume of the primary container in cases where a single container is used to store, handle, treat, use, or produce a hazardous material. In cases where multiple containers are used, the secondary containment device shall be large enough to contain the volume of the largest container. Volumes specified are in addition to the design flow rate of the automatic fire extinguishing system, if present,to which the secondary containment device is subjected. The secondary containment device shall be capable of containing the fire flow for a period of twenty (20)minutes or more. (B) All secondary containment devices shall be constructed of materials of sufficient thickness, density, and composition to prevent structural weakening of the containment device as a result of contact with any hazardous material. If coatings are used to provide chemical resistance for secondary containment devices, they shall also be resistant to the expected abrasion and impact conditions. Secondary containment devices shall be capable of containing any unauthorized release for at least the maximum anticipated period sufficient to 14 ... ORDINANCE NO. ,,.. allow detection and removal of the release. (C) Hazardous materials stored outdoors and their attendant secondary containment devices shall be covered to preclude precipitation with the exception of hazardous materials stored in tanks that have been approved by and are under permit from the City of Renton Fire Prevention Bureau. Secondary containment for such tanks, if uncovered, shall be able to accommodate the volume of precipitation that could enter the containment device during a twenty four(24) hour,twenty five (25) year storm, in addition to the volume of the hazardous material stored in the tank. Storage of hazardous materials, both indoors and outdoors, shall, at all times, meet both the requirements of this Section and the Uniform Fire Code. (D) Secondary containment devices shall include monitoring procedures or technology capable of detecting the presence of a hazardous material within twenty four (24)hours following a release. Hazardous materials shall be removed from the secondary containment device within twenty four(24)hours of detection and shall be legally stored or disposed. (E) Areas in which there are floor drains, catchbasins, or other conveyance piping that does not discharge into a secondary containment device that meets the requirements of this Chapter shall not be used for secondary containment of hazardous materials. Closure of existing piping shall be according to procedures and designs approved by the Department. (F) Primary containers shall be impervious to the contents stored therein, properly labeled, and fitted with a tight cover which is kept closed except when substances are being withdrawn or used. (G) Hazardous materials stored outdoors when the facility is 15 `" ORDINANCE NO. left unsupervised must be inaccessible to the public. Such techniques as locked storage sheds, locked fencing, or other techniques may be used if they will effectively preclude access. (H) Stored hazardous materials shall be protected and secured, as needed, against impact and earthquake to prevent damage to the primary container that would result in release of hazardous materials that would escape the secondary containment area. ii. Hazardous Material Monitoring Requirements for Existing Facilities— Zones 1 and 2: (1) The owners of all existing facilities shall implement hazardous materials monitoring. (2) All hazardous material monitoring activities shall include the following: (A) A written routine monitoring procedure which includes, when applicable: the frequency of performing the monitoring method, the methods and equipment to be used for performing the monitoring, the location(s) from which the monitoring will be performed, the name(s) or title(s) of the person(s) responsible for performing the monitoring and/or maintaining the equipment, and the reporting format. (B) Written records of all monitoring performed shall be maintained on-site by the operator for a period of three (3)years from the date the monitoring was performed. The Department may require the submittal of the monitoring records or a summary at a frequency that the Department may establish. The written records of all monitoring performed in the past three (3) years shall be shown to the Department upon demand during any site inspection. Monitoring records shall include but not be limited to: • The date and time of all monitoring or sampling; 16 ORDINANCE NO. ..� • Monitoring equipment calibration and maintenance records; • The results of any visual observations; • The results of all sample analysis performed in the laboratory or in the field, including laboratory data sheets; • The logs of all readings of gauges or other monitoring equipment, groundwater elevations or other test results; and • The results of inventory readings and reconciliations. (C) Visual monitoring must be implemented unless it is determined by the Department to be infeasible to visually monitor. (3) On every day of operation, a responsible person designated by the permittee shall check for breakage or leakage of any container holding hazardous materials. Electronic sensing devices approved by the Department may be employed as part of the inspection process, provided that the system is checked daily for malfunctions. iii. Emergency Collection Devices—Zones 1 and 2: Vacuum suction devices, absorbent scavenger materials, or other devices approved by the Department shall be present on site (or available within an hour by contract with a cleanup company approved by the Department), in sufficient quantity to control and collect the total quantity of hazardous materials plus absorbent material. The presence of such emergency collection devices and/or cleanup contract are the responsibility and at the expense of the owner and shall be documented in the operating permit. iv. Inspection of Containment and Emergency Equipment—Zones 1 and 2: Owners shall establish procedures for monthly in-house inspection and routine maintenance of 17 •.. ORDINANCE NO. ..r containment and emergency equipment. Such procedures shall be in writing, a regular checklist and schedule of maintenance activity shall be established, and a log shall be kept of inspections and maintenance activities. Such logs and records shall be made available at all reasonable times to the Department for examination. v. Employee Training—Zones 1 and 2: Operators shall schedule training for all new employees upon hiring and once per year thereafter to explain the conditions of the operating permit such as emergency response procedures,proper hazardous waste disposal, monitoring and reporting requirements, record keeping requirements, and the types and quantities of hazardous materials on site. These training sessions will be documented and recorded and the names of those in attendance will be recorded. These records shall be made available at all reasonable times to the Department for inspection. vi. Additional Facility Requirements for Zone 1: Owners shall complete the following: (1) Site Monitoring: For facilities located in Zone 1 of an APA, an owner of a facility may, at their own expense, be required to institute a program to monitor groundwater, surface water runoff, and/or site soils. The Department may require that the owner of a facility install one or more groundwater monitoring wells in a manner approved by the Department in order to accommodate the required groundwater monitoring. Criteria used to determine the need for site monitoring shall include, but not be limited to, the proximity of the facility to the City's production or monitoring wells, the type and quantity of hazardous materials on site, and whether or not the hazardous materials are stored in underground vessels. Every owner required to monitor groundwater, surface water runoff, and/or soils shall perform such monitoring semi-annually and obtain independent analytical results of the presence and sow 18 `4111110' ORDINANCE NO. concentration of those chemicals requiring monitoring (including breakdown and transformation products) as identified by the Department in the operating permit. The analytical results shall be obtained through the use of Department of Ecology-approved methods for water and/or soils. The results shall be filed within ten (10) days with the Department. If a facility is required to perform site monitoring pursuant to subsection H.2.d(vi) of this Section, Additional Facility Requirements for Zone 1, Site Monitoring, then a site monitoring plan will be required. This plan must indicate procedures to be followed to assess groundwater, surface water runoff, and/or soil for concentrations of those chemicals requiring monitoring as identified by the Department in the operating permit. If a groundwater monitoring program is in effect per the requirements of 40 CFR 264 or 265, and this program includes all of the chemicals identified in the operating permit, then it shall be incorporated into the site monitoring plan which shall also include provisions to address the groundwater monitoring requirements of subsection H.2.d(vi) of this Section, Additional Facility Requirements for Zone 1, Site Monitoring, and RMC 4-9-015G3,Unauthorized Releases,Monitoring Results. (2) Site Improvements: (A) For facilities located in Zone 1 of an APA, the owner may be required to pave all currently unpaved areas of their facility that are subject to any vehicular use or storage, use, handling, or production of hazardous materials. (B) For those facilities located in Zone 1 of an APA in which the nature of the business involves the use of hazardous materials outside of fully enclosed structures,the City shall evaluate the existing storm water collection and conveyance system, and reserves the right to require the owner to upgrade the system to meet the provisions of RMC 4-6-030E3, Additional Requirements in Aquifer Protection Areas—Amendments to King County 19 ORDINANCE NO. — Surface Water Design Manual. (C) For those facilities located in Zone 1 of an APA, the City may require the owner to test interior wastewater plumbing and the building side sewer for tightness according to subsection H.6.a(ii), Pipeline Requirements—Zone 1, and reserves the right to require that such wastewater conveyance be repaired or replaced according to subsection H.6.a(i), Pipeline Requirements—Zone 1. (3) Capital Cost Reimbursement for Additional Operating Permit Requirements: The City shall pay fifty percent (50%)of documented capital costs up to twenty five thousand dollars ($25,000.00) for required installation and construction of monitoring wells, site paving, wastewater conveyance, and storm water improvements as required in subsections H.2.d(vi)(l) and (2), Site Monitoring and Site Improvements. Payment by the City shall be made according to adopted administrative rules. SECTION VI. Sections 4-3-050.H.7 and H.8 of Chapter 3, Environmental Regulations and Special Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," are hereby amended to read as follows: 7. Construction Activity Standards—Zones 1 and 2: Refer to RMC 4-4-030.C.7, Construction Activity Standards—APA Zones 1 and 2. 8. Fill Material Requirements—Zones 1 and 2: Refer to RMC 4-4-060.L.4,Fill Material, regarding quality of fill and fill material source statement requirements within aquifer protection areas. 20 ORDINANCE NO. SECTION VII. Section 4-3-050.Q.1 of Chapter 3, Environmental Regulations and Special Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as shown on Exhibit 1, attached. SECTION VIII. Section 4-3-105, Watershed Protection Regulations— Springbrook Watershed, of Chapter 3, Environmental Regulations and Special Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby deleted, along with its accompanying map of the Springbrook Watershed Boundary. SECTION IX. Section 4-4-060.L.4 of Chapter 4, Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of �.. General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 4. Fill Material: Fill materials shall have no more than minor amounts of organic substances and shall have no rock or similar irreducible material with a maximum dimension greater than eight inches (8"). Fill material shall meet the following requirements: a. Construction, Demolition, and Land Clearing Waste Prohibited: Fill material shall be free of construction, demolition, and land clearing waste except that this requirement does not preclude the use of recycled concrete rubble per Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction. b. Cleanliness of Fill Material: Fill material shall not contain concentrations of contaminants that exceed cleanup standards for soil specified in WAC 173-340-740, Model Toxics Control Act, c. Special Requirement for Projects Located in Zone 1 of the Aquifer Protection 21 ORDINANCE NO. .�. Area and Which Will Involve Placement of More than Fifty (50) Cubic Yards of Imported Fill: A source statement certified by a professional engineer or geologist licensed in the State of Washington shall be provided to the Department and shall be reviewed and accepted by the Department prior to stockpiling or grading imported fill at the project site. The source statement, as defined in RMC 4-8-120.D.19, shall be required for each source location from which imported fill will be obtained. d. Special Requirement for Projects Located in Zone 2 of the Aquifer Protection Area and Which Will Involve Placement of More than One Hundred (100) Cubic Yards of Imported Fill: The source statement described in RMC 4-8-120.D.19 is required for each source location from which imported fill will be obtained. e. Abbreviated Source Statement for Aquifer Protection Area: The Department may �... accept a source statement, as defined in RMC 4-8-120D19, that does not include results of sampling and analysis of imported fill if a professional geologist or engineer licensed in the State of Washington certifies that the source location from which fill will be obtained has never been filled, developed, or subjected to use that could have introduced chemical contamination to the site. f. Department Authority to Request Additional Information or Reject Certified Source Statement: The Department has the authority to request additional information regarding imported fill material and the source thereof and to reject a source statement or abbreviated source statement if they do not demonstrate that the fill material to be imported to a project site meets fill material standards in part 4a and b above and/or the Department has reason to suspect that the fill material could be contaminated. Such requests or rejections shall be made in writing to the applicant. 22 ORDINANCE NO. .., g. Source Statement Not Required for Imported Fill Obtained from Washington State Department of Transportation Approved Source: The source statement defined in RMC 4- 8-120D19 is not required for those projects located in the aquifer protection area if contractual documents confirm that imported fill will be obtained from a Washington State Department of Transportation approved source. h. Sampling and Analysis Procedures: The licensed professional engineer or geologist or person under their supervision who samples earth materials to be used as imported fill, oversees analysis, and prepares the source statement required by subsections L.4.c and L.4.d of this Section shall follow procedures specified in WAC 173-340-820 and 173-340-830 of the Model Toxics Control Act Cleanup Regulation. i. Permittee Subject to Required Actions after Illegal Placement of Imported Fill: A permittee who stockpiles or grades imported fill at the site without Department review and acceptance of the source statement required by subsections L.4.c and L.4.d of this Section or who stockpiles or grades fill at the site that does not meet the fill quality standards of subsections L.4.a and L.4.b of this Section is subject to measures specified by the Department to reduce risk of contamination of the site due to illegal placement of fill. Such measures may include, but are not limited to, any or all of the following and shall be implemented at the permittee's expense: (1) Provide the Department with the source statement defined in RMC 4-8- 120.D.19 within a time-period specified by the Department; (2) Immediately cover fill with a waterproof cover; (3) Immediately remove fill; (4) Installation of monitoring wells and monitoring of ground water quality; (5) Remediation of contamination of the site caused by the illegal placement 23 • ORDINANCE NO. of fill according to a schedule specified by the Department and in accordance with cleanup standards for soil and groundwater described in the Model Toxics Control Act Cleanup Regulation, Chapter 173-340. j. Department Authority to Conduct Independent Sampling and Analysis: The Department shall have the authority to enter on to private property to conduct independent sampling and analysis of fill. If the Department determines that fill does not meet fill quality standards of subsections L.4.a and L.4.b of this Section, then it may require the permittee to accomplish any or all of the measures listed in part h. of this subsection at his or her own expense. k. Department Authority to Implement Removal and Remediation Measures: The Department or its authorized agents shall have the authority to implement measures listed in subsection L.4.h of this Section if the permittee fails to accomplish such measures in a timely manner. The permittee shall be responsible for any costs incurred by the Department or its authorized agents in the conduct of such activities. SECTION X. Section 4-8-120.B of Chapter 8, Permits and Decisions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled"Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as shown in Exhibit 2, attached. SECTION XI. The following definitions in Sections 4-8-120.D.3, D.8, and D.15 of Chapter 8, Permits and Decisions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," are hereby amended to read as follows: 3. Closure Permit Application, Aquifer Protection Area: An application package including the following: 24 r.• ORDINANCE NO. `..� ,., a. A list of hazardous materials to be removed from premises, the method of removal, and the final destination(include product names and quantities); b. A list of potentially contaminated equipment and/or containment devices to be removed from premises and a description of the method of disposal or recycling; c. A plan prepared by a professional engineer or geologist licensed in the State of Washington to investigate the facility to determine whether it is free of contamination exceeding Model Toxics Control Act (MTCA) standards (WAC 173-340), to report findings to the Water Utility, and to describe remediation needed, if any, according to said standards and Renton Municipal Code 4-9-015.G. d. A written agreement between the owner, the property owner, and the purchaser or other recipient, in lieu of a. and b. above, stating that the owner will not remove hazardous materials and containment devices from the facility because all agree that the materials and devices are needed to continue to operate the facility. e. A schedule for implementation of"a" and "b" above and the investigation described in"c." 8. Hazardous Materials Management Statement: A statement which includes: a. A description of refueling of construction vehicles that will occur on the site and an inventory of hazardous materials expected to be temporarily stored, dispensed, used, or handled on the site. b. A description of how the requirements in RMC 4-4-030.C.7 Construction Activity Standards—Zones 1 and 2, will be met by the applicant. 15. Operating Permit Application, Aquifer Protection Area: An application package including the following: 25 ORDINANCE NO. a. Upon request by the Department, a hazardous materials inventory statement and/or Material Safety Data Sheets for hazardous materials that are or will be on the premises; b. A list of the chemicals to be monitored through the analysis of groundwater samples if groundwater monitoring is anticipated to be required; c A detailed description of the activities conducted at the facility that involve the storage, handling, treatment, use or production of hazardous materials in quantities greater than the de minimus amounts specified in RMC 4-3-050.C.6.a(ii)(1); d. A description of the containment devices used to comply with the requirements of this Section; e. A description of the procedures for inspection and maintenance of containment devices; f. A description of how hazardous materials will be legally disposed; g. A site map showing the following: i. Property boundaries, ii. Building and other structures located on the property, iii. Secondary containment devices, and iv. Floor and yard drains with a note as to whether the drain is to storm or sanitary sewer. SECTION XII. Sections 4-9-015.A-D of Chapter 9, Procedures and Review Criteria, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," are hereby amended to read as follows: A. PURPOSE: The purpose of this Section is to protect aquifers used as potable water supply sources by 26 ORDINANCE NO. ,..� the City from contamination by hazardous materials. This Section establishes permit procedures, operating permits, closure permits, and uniform standards for release reporting, emergency response, closure and abandonments. B. APPLICABILITY: 1. Operating Permits Required: No person, persons, corporation, or other legal entities shall operate a facility in an aquifer protection area(APA) (see RMC 4-3-050.Q.1, Maps, Aquifer Protection) without first obtaining an operating permit from the Department. Any person who owns more than one facility in a single zone of the APA shall have the option of obtaining one permit for all operations if the operations at each facility are similar and the permit requirements under this Section are applicable to each facility individually. 2. Closure Permits Required: No owner of a facility in Zone 1 shall close a facility without first obtaining a closure permit to do so from the Department. The owner of a facility shall obtain a closure permit before operations requiring an Operating Permit cease at the facility or before the facility is sold or otherwise transferred to a new owner. 3. Reporting of Unauthorized Release of Hazardous Materials: All persons shall comply with RMC 4-3-050.H.10 and subsection G of this Section relating to unauthorized release of hazardous materials. C. EXEMPTIONS—OPERATING AND CLOSURE PERMITS: The following land uses and activities do not require operating or closure permits, but may require compliance with other standards and regulations in RMC 4-3-050, Critical Areas Regulations. 1. Pipelines, Roadways, Railroads: Pipelines including storm and sanitary sewers and product pipelines, interstate freeways, State highways, arterials, local access streets, and 27 'w ORDINANCE NO. railroads. 2. Cleanups, Monitoring and/or Studies under State or Federal Supervision: Cleanups, monitoring and/or studies undertaken under supervision of the Washington Department of Ecology or the U.S. Environmental Protection Agency. 3. Use, Storage, and Handling of Specific, Listed Hazardous Materials That Do Not Present a Risk to the Aquifer: a. Hazardous Materials That Do Not Present a Risk to the Aquifer: Use, storage, and handling of specific hazardous materials that do not present a risk to the aquifer as determined and listed by the Department are exempt from all regulation under this Section with the exception of the requirement to list these hazardous materials on the hazardous materials inventory statement as provided by RMC 4-8-120.D.15.a, Operating Permit Application, Aquifer Protection Area. b. Sale of Hazardous Materials in Original, Small Containers: Hazardous materials offered for sale in their original containers of five (5) gallons or less. c. Hazardous Materials in De Minimus Amounts: Hazardous materials use, storage, and handling in de minimus amounts (aggregate quantities totaling twenty(20) gallons or less at the facility. (Hazardous material weights shall be converted to volumes for purposes of determining whether de minimus amounts are exceeded. Ten(10) pounds shall be considered equal to one gallon.) d. Hazardous Materials Contained in Properly Operating Sealed Units: Hazardous materials contained in properly operating sealed units (transformers, refrigeration units, etc.)that are not opened as part of routine use. e. Residential Use, Storage, and Handling of Hazardous Materials: 28 • ORDINANCE NO. Noncommercial residential use, storage, and handling of hazardous materials provided that no home occupation business (as defined by chapter 4-11 RMC, Definitions) that uses, stores, or handles more than twenty(20) gallons of hazardous material is operated on the premises. f. Fuel Tanks and Fluid Reservoirs Attached to Motor Vehicle: Hazardous materials,in fuel tanks and fluid reservoirs attached to a private or commercial motor vehicle and used directly in the operation of that vehicle. g. Fuel Oil: Fuel oil used in existing heating systems. h. Emergency—Governmental Organization: Public interest emergency use, storage, and handling of hazardous materials by governmental organizations. i. Water Treatment and Water System Use: Hazardous materials used, stored,and handled by the City of Renton in water treatment processes and water system operations. j. Fueling of Equipment Not Licensed for Street Use: Fueling of equipment not licensed for street use provided that such fueling activities are conducted in a containment area that is designed and maintained to prevent hazardous materials from coming into contact with soil, surface water, or groundwater. k. Hazardous Materials in Equipment Fuel Tanks: Hazardous materials in fuel tanks attached to private or commercial equipment and used directly in the operation of that equipment. 1. Hazardous Materials in Aerosol Cans. m. Hazardous Materials at Certain Facilities: Hazardous materials at multi- family dwellings, hotels, motels, retirement homes, convalescent center/nursing homes, mobile or manufactured home parks, group homes, and daycare family homes or centers when used by 29 ORDINANCE NO. owners and/or operators of such facilities for on-site operation and maintenance purposes. n. Janitorial Supplies: Hazardous materials used for janitorial purposes at the facility where the products are stored. o. Personal Care Products: Hazardous materials used for personal care by workers or occupants of the facility at which the products are stored including but not limited to soaps, hair treatment, grooming aids, health aids, and medicines. D. ADMINISTRATION: The Department Administrator,or his/her designee, shall have the power and authority to administer and enforce the provisions of this Chapter. SECTION XIII. Section 4-9-015.E.1 of Chapter 9, Procedures and Review Criteria, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington,"is hereby amended to read as follows: 1. Submittal Requirements and Fees: Submittal requirements shall be as listed in chapter 4-1 RMC, Administration and Enforcement, and RMC 4-8-120, Submittal Requirements — Specific to Application Type. There is no fee for an Operating Permit. SECTION XIV. Section 4-9-015.F of Chapter 9, Procedures and Review Criteria, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: F. CLOSURE PERMIT: 1. Submittal Requirements and Fees: Submittal requirements shall be as listed in chapter 4-1 RMC, Administration and Enforcement, and RMC 4-8-120, Submittal Requirements — Specific to Application Type. There is no fee for a Closure Permit. 2. Closure Permits and Permit Conditions—Zones 1 and 2: 30 ORDINANCE NO. •,.. a. Closure Permit Application Required for Facilities: A Closure Permit Application shall include: i. A list of hazardous materials to be removed from premises, the method of removal, and the final destination(include product names and quantities); ii. A list of potentially contaminated equipment and/or containment devices to be removed from premises and a description of the method of disposal or recycling; iii. A plan prepared by a professional engineer or geologist licensed in the State of Washington to investigate the facility to determine whether it is free of contamination exceeding Model Toxics Control Act (MTCA) standards (WAC 173-340), to report findings to the Water Utility, and to describe remediation needed, if any, according to said standards and Renton Municipal Code 4-9-015.G. iv. A written agreement between the owner, the property owner, and the purchaser or other recipient, in lieu of i. and ii. above, stating that the owner will not remove hazardous materials and containment devices from the facility because all agree that the materials and devices are needed to continue to operate the facility. v. A schedule for implementation of i and ii above and the investigation described in iii. b. No Detectable Unauthorized Releases: The owner of a facility being closed shall demonstrate to the satisfaction of the Department that no detectable unauthorized release has occurred or that unauthorized releases have been cleaned up. Cleanup shall be considered to be complete when, according to the best available scientific evidence, the risk of causing the city water supply to fail to meet Washington State drinking water quality standards 31 A ORDINANCE NO. "ire ... has been removed and the cleanup meets the Model Toxics Control Act Cleanup Regulation (chapter 173-340 WAC). This demonstration can be based on the ongoing leak detection monitoring, groundwater monitoring, or soils sampling performed during or immediately after closure activities. c. Determination of Unauthorized Release: If an unauthorized release is determined to have occurred,the facility owner shall comply with subsection G of this Section, Unauthorized Releases. d. Completion of Facility Closure: Facility closure will be accepted as complete by the Department upon implementation of the closure permit conditions and compliance with all other provisions of the Section. e. Time to Complete Closure: Facility closure must be completed according to a timetable and permit conditions determined by the Department and shall, in all cases, be completed within one year of the date when a closure permit is required. SECTION XV. Section 4-9-015.G.3.a of Chapter 9, Procedures and Review Criteria, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: a. Detection and Prevention of Further Contamination: Semi-annually, or more frequently, the Department may review all site monitoring results submitted by owners in an APA. The Department may require the owner to immediately accomplish the following if a hazardous material is detected in an owner's monitoring well(s), surface water runoff, and/or site soils and the concentration exceeds Model Toxics Control Act Cleanup Standards as provided in chapter 173-340 WAC or if, according to the best available scientific information, the concentration may cause the City water supply to fail to meet State drinking water quality 32 New ORDINANCE NO. standards: i. Locate and determine the source of the hazardous material detected. ii. Stop and prevent any further unauthorized release(s), of the hazardous material detected, if under the control of the owner. iii. Comply with the requirements for an unauthorized release(s) from a facility. SECTION XVI. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of , 2002. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2002. Jesse Tanner, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1003:8/5/02:ma. 33 ... EXHIBIT 1 ,....00, Now FIGURE 4-3-050Q1 AQUIFER PROTECTION ZONES ,........ dt 8611n SI I -I , '9 I __--------=i --1,- ----- i , I EKE A',SHINE-EDD I , \- - /I''''',.'':: tir E k) ''''-',,,, '') ‘.. •:' *.ii.',..1.,.-,,-,:-'.','":-,:... .,:.,:-..,,,,.....: -.;" :-.-.:.;.-1111,...:,:,...:.;.,; 3 L....41..-.—. 1 ".g I T.: I V._.......\\ . ' .,..,/' €1,„ ,,, 0,-,,::.,,....:4''.',:'-g:.g.:°'-,.;. 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CO & O (D r a CND, a 0 � Fi D fl) 2 O n n n Lll v S „, o o vo, O ct] co s m 0 0 v m m c c c o 0 -I m 00 0 -0 o' o 0 -0 o D -, -s -, o n D D m Z -0 o m 0 �' O m n0i a a v m CD 0 v ID v -n -n cn r m CD m 3 m 5. m -~, w iv w 0 0 o K o 'D 13 m -9 -9 (D m - ill CD °: c m CD -o < CD CAD (Q 3 O 3 co< (D Q O c 5 o . a) o 0 n cv co rn cn 9 n w C_ o -D cn 3 O to p Cn 0 0 o O C a 0 sv (A o -a (' m o m a 0) A CO v 3 -; 3 iv m C v N SD O CD O 0 (o CD 0 CD Z 0 m 3 �' 3 0 a) n -s D a O. <' CD -1 m CD ai 1 IT) D Z/5' co Z m? 3 a4 o 0o .v « CD n ) 0 0 _ oa D 0 -0 :a a o _ r ° IV v D= a 3 s � c O 3 CD tD D CA 3 o a -1V) << ov o 0 C N = m m 3 cn Z CO v O o O o `v0 ci -1 m O v iv a o D n N coCn N I- 5 D co E 73 o v C ' m o . 0 a o - --I C 0 - C Cr' m TYPE OF APPLICATION! m N PERMIT63 m Z N --1 C:) CA N Demolition �° co co N N Grading/Fill '13 N—Fri-Fi N � � f-FIm - C7N Manufactured Home "n "T-FrFriJ inManufactured Home Park n Manufactured Home CD 1 _Fri 1,_„1F.F),Fm 1 Outsideof Manufactured Home Park 0 Multi- --1 N + w �,, IF N AN FJ' FI Ul N of N N w Family/Commercial/Industr -.< ial New or Additions "O w���' Commercial/ Industrial Ill �J J"'����� Interior Remodel `° ,N mo f-FFFF�Tr,_ Pool/ Spa FFFFFFFFFFFF] [[[[[[ftp_ Sign N i, N 1.„ Single Family/Duplex New +� 1F1'I '�' �' or Additions Single Family/Multi-Family v N Interior Remodel i► i., EXHIBIT 2 `00 -• C - (n v- cn cn cn cn cn cn cn cn X m v K K m m i w o = m -oa o m m m <o CD < CD CCD) . 3 coi 3 N a W M (D CD (D p n n n -o -0 -0 -p - (D -p 0 N -+T (D n --I VD) CD 0 13 m Q, (n 7 7 7 7 D 2 '< o c° nni c cfl < CDo < -U Cv UU � aoo man co , 0) D o c° o ) (-) vm m c° r (D ,D -. 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I — C N N N '0 Grading/Fill n Ma -n N ►� [ inManufacturedHomeParknufacturedHome 0 Manufactured Home ITFJF1FFFF1 FR 1N[[[J Outsideof Manufactured --I Home Park 0 Multi- -I a w -ram w w N Cn w:1+.1,,i.fiFT—F,F, Family/Commercialllndustr ,,,< ial New or Additions - 13 Commercial/Industrial m 1,--FFFFF-r.rifrrrrrri-f-FF-fr-Fr In terior Remodel ii---FFFRFRF, ,,Rf-FFF[Frf-FIFFFI-- Pool/Spa ft[pp[[FFFFFFFFFFFFFF- Sign Single Family/Duplex New IQF),112, N N �' or Additions Single Family/Multi-Family NI1FF1 Interior Remodel iii - EXHIBIT 2 Table 4-8-120B Legend a. Required for any alteration of exterior of(heated)building envelope. b.When required by Section 1804 (Foundations and Retaining Walls)of the UBC. c. Required for installation of a new furnace or a replacement of greater size. d. Not required for pools/spas/hot tubs to be installed within an existing building. e. Required for structural changes only. f.Required for food service establishments only. g. Required only for public pools/spas/hot tubs(not required for single family or duplex pools/spas/hot tubs). h. Required for duplexes only. i. Required for other than conventional construction. j. Required only if trade-off option is being used for compliance. k. For multi-family,one per building. I.Not required for additions. m. Not required for multi-family projects. n. For restaurants and any construction project involving work in the right-of-way,four(4)copies are required. o. Required only when project is located in an Aquifer Protection Area if construction vehicles will be refueled on site and/or the quantity of hazardous materials that will be stored, dispensed, used. and handled on the construction site. exclusive of the quantity of hazardous materials contained in fuel or fluid reservoirs of construction vehicles,will exceed twenty (20)gallons. Weight of solid hazardous materials will be converted to volumes for purposes of determining whether de minimus amount is exceeded. Ten (10)_pounds shall be considered equal to one gallon. *,. p. Required only when project is located in an Aquifer Protection Area. The number of copies(if any)is indicated in each column unless waived by the Development Services Division