HomeMy WebLinkAboutORD 4740 Amends 4367, 4504
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CITY OF RENTON, WASHINGTON
ORDINANCE NO. 4 7 4 0
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AMENDING SECTION 4.4.060 OF CHAPTER 4, PROPERTY
DEVELOPMENT STANDARDS, SECTION 4.6.030 OF CHAPTER 6,
STREET AND UTII.,ITY STANDARDS, AND SECTION 4-11 OF
CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT
REGULATTONS); SECTION 5-5 OF CHAPTER 5, BUSINESS LICENSES,
OF TTTLE V (FINANCE AND BUSINESS REGULATIONS), AND �
SECTION 8-8 OF CHAPTER 8, AQUIFER PROTECTION, OF TITLE VIII
(HEALTH AND SArTITATION), OF ORDINANCE NO. 4260 ENTITLED '
"CODE OF, GENERAL ORDINANCES OF THE CITY OF RENTON,
WASHINGTON" ALL RELATING TO AQUIFER PROTECTION.
TI� CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION I. Chapter 11, Definitions, of Title IV (Development Regulations), of
Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is
hereby amended by adding the following definitions which read as follows:
CONSTRUCTION WASTE: Building materials and other wastes associated with construction
projects including, but not limited to, such materials as wood, concrete, drywall, masonry, ,
roofing, siding, structural metal, wire, insulation, plastics, Styrofoam, twine, baling and strapping
materials, cans, buckets, packaging materials, and containers.
DEMOLITION WASTE: Materials found in demolished buildings, roads, and other structures
including, but not limited to, concrete, drywall, asphalt, wood, masonry, composition roofing,
roofing, siding, structural metal, wire, insulation.
LAND-CLEARING WASTE: Stumps, brush, tree branches, and other vegetation associated
with land clearing.
SECTION II. Section 4.11.020 of Chapter 11, Definitions, of Title IV (Development
Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton,
Washington" is hereby amended by deleting the following definition:
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� ORDINANCE NO. 4 7 4 0
BORROW: Earth material acquired from an off-site location for use in grading on a site.
SECTION III. Section 4.11.090 of Chapter 11, Definitions, of Title IV
(Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the
City of Renton, Washington" is hereby amended by adding the following definition:
IMPORTED FILL: Earth material acquired from an off-site location for use in grading on a site.
SECTION IV. Subsection 4.4.060.L.4 of Chapter 4, Property Development
Standards, of Title N (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 To�cs Control Act regardless of whether all or part of the
contamination is due to natural background levels at the fill source site. For
project sites located in Zone 1 of the Aquifer Protection Area, fill material
shall not contain detectable concentrations of petroleum per the definition of
Class 1 Soils contained in Table V. in "Guidance for Remediation of
Petroleum Contaminated Soils" published by the Department of Ecology.
Where the detection limit (lower limit at which a chemical can be detected by
a specified laboratory procedure) for a particular soil contaminant exceeds the
cleanup standard for soil specified in WAC 173-340-740, then the detection
limit shall be the standard for fill material quality. Detection limits shall be as
published by the Department of Ecology in the cunent version of "TABLE
II: SOIL, Method Detection Limits, Practical Quantitation Limits, and
Comparison of Method B Values" or other source of information accepted by
the Department if the Ecology publication does not address the contaminant.
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ORDINANCE NO. 4 7 4 0 'I
c. Special requirement for projects located in Zone 1 of the Aquifer Protection
Area and which will involve placement of more than 50 cubic yards of
im orted fill: A source statement certified by a professional engineer licensed
P
in the state of Washington shall be provided to the Department and sha11 be
reviewed and accepted by the Department prior to stockpiling or grading
imported fill at the project site. The source statement shall be required for
each source location from which imported fill will be obtained. The source
statement shall provide the following information: '
(1) the source location of imported fill;
(2) previous land uses of the source location;
(3) whether or not earth materials to be removed from the source location are
native, undisturbed soil;
(4) whether or not the source location appears on government lists of
contaminated sites including those developed pursuant to the state Model
Toxics Control Act and the federal Comprehensive Environmental
Response, Compensation, and Liability Act;
(5) results of sampling and analysis pursuant to part g. of this subsection; and
(6) whether or not imported fill meets fill quality standards described in parts
a and b. of this subsection.
d. Special requirement for projects located in Zone 2 of the Aquifer Protection
Area and which will involve placement of more than 100 cubic yards of
imported fill: The source statement described in part c. of this subsection 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 that does not include results of sampling and
analysis of imported fill pursuant to part g. of this subsection if it determines
that adequate information is provided indicating that the source location is
free of contamination. In addition to the information otherwise required�by
part c. of this subsection, such information may include, but is not limited to:
(1) results of field testing of earth materials to be imported to the site with
' instruments capable of detecting the presence of contaminants, and
(2) results of previous sampling and analysis of earth maferials to be imported
, to the site.
f. Source statement not required for imported fill obtained from Washington
State Department of Transportation approved source: The source statement
described in parts c. and d. of this subsection is not required for those projects
located in the Aquifer Protection Area if contractual documents confirm that
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. ORDINANCE NO. 4 7 4 0
_ imported fill will be obtained from a Washington State Department of
- Transportatiori approved source.
-� g. Sampling and analysis procedures: The professional engineer or person under
l
the professional engineer's supervision who samples earth materials to be used
a as imported fill, oversees analysis, and prepares the source statement required
by parts c. and d. of this subsection shall follow procedures specified in WAC
173-340-
820
_ and 83 0 f
o the
Model T
oxics Control Act Cleanup Regulation
�� and "Guidance on Sampling and Data Analysis Methods" published by the
�' Department of Ecology for earth materials potentially contaminated with
= hazardous materials other than petroleum. Procedures specified in "Guidance
� for Remediation of Petroleum Contaminated Soils" published by the
�3 Department of Ecology shall be followed for earth materials potentially
'� contaminated with petroleum.
:� h. Permittee subject to required actions after illegal placement of imported fill:
%; A pernuttee who stockpiles or grades imported fill at the site without
� Department review and acceptance of the source statement required by parts
� c. and d. of this subsection or who stockpiles or grades fill at the site that does
� not meet the fill quality requirements of parts a. and b. of this subsection is
�
i 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 a source statement meeting the requirements
of part c. of this subsection 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, WAC 173-340.
i. 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 deternunes that
fill does not meet fill quality standards of parts a. and b. of this subsection,
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.
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ORDINANCE NO. 4 7 4 0
j. Department autliority to implement removal and remediation measures: The
Department or it's authorized agents shall have the authority to implement
measures listed in part h. of this subsection if the permittee fails to accomplish
such measures in a timely manner. The pernuttee sha11 be responsible for any
costs incuned by the Department or it's authorized agents in the conduct of
such activities.
SECTION V. Subsections 4.6.030.E.3.b, 3.d, 3.f, 3.g and 3.h of Chapter 6, Street and
_ Utility Standards, of Title N (Development Regulations), of Ordinance No. 4260 entitled "Code '
of General Ordinances of the City of Renton, Washington" are hereby amended to read as
follows:
b. Section 1.2.3 CORE REQUIREMENT#3; RLTNOFF CONTROL, "Biofiltration":
i. Requirements for Zone 1 of an Aquifer Protection Area: Proposed project
runoff resulting from more than five thousand (5,000) square feet of
impervious surface, and subject to vehicular use or storage of chemicals,
shall not be treated prior to discharge from the project site by on-site
biofiltration measures but shall instead be treated by a wetvault meeting the
design criteria contained in Section 1.3.5 SPECIAL REQIIIREMENT #5;
SPECIAL WATER QUALITY CONTROLS. New or existing retrofitted
wetvaults and appurtenances shall meet the Pipeline Requirements specified
in section 8-8-6.D.
ii. Requirements for Zone 2 of an Aquifer Protection Area: Proposed project
runoff resulting from more than five thousand square feet of impervious
surface, and subject to vehicular use or storage of chemicals, shall be
treated prior to discharge from the project site by on-site biofiltration
measures as described in section 4.6.3 in Cha ter 4 of the Kin Count
P g Y
Surface Water Design Manual. Biofiltration facilities may require a liner the
design criteria described in the section "Liner to Prevent Groundwater
, Contamination" in the introduction to section 4.6 Water Quality Facility
Design.
ui. The biofiltration design flow rate shall be based on the peak rate of runoff
for the 2-year, 24-hour duration design storm event total precipitation.
Note, biofiltration facilities installed following peak rate runoff control
facilities may be sized to treat the allowable release rate (pre-developed)
for the 2-year 24-hour duration design storm event for the peak rate runoff
control facility. Biofiltration facilities installed prior to peak rate runoff
control facilities shall be sized based on the developed conditions.
d. Section 1.2.3, CORE REQLTIREMENT #3, RIJNOFF CONTROL, "Retention ,
Facilities": I
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ORDINANCE NO. 4 7 4 0
i. Requirements for Zone 1 of an Aquifer Protection Area: The City of
, Renton prohibits the construction of new retention ponds to control the
peak rate of runoff from new or existing impervious surfaces subject to
vehicular use or storage of chemicals.
f. Section 1.2.4, CORE REQUIIZEMENT #4; CONVEYANCE SYSTEM "(4) For
new drainage ditches or channels":
, i. Requirements for Zone 1 of an Aquifer Protection Area: New drainage
ditches or channels shall not be employed to convey the runoff resulting
from impervious surface that is subject to vehicular use or storage of
- chemicals.
` u. Requirements for Zone 2 of an Aquifer Protection Area: New drainage
ditches or channels may be employed in lieu of a pipe system. A
- groundwater protection liner may be required for new drainage ditches or
channels per the design criteria, and existing drainage ditches or channels
� reconstructed, to convey the peak runoff from the 25 year design storm
� using the design criteria described in the section "Liner to Prevent
� Groundwater Contamination" in the introduction to Section 4.6 Water
=� Quality Facility Design and the Methods of Analysis described in Section
' 4.3.7 in Chapter 4 of the King County Surface Water Design Manual with
� a freeboard to overflow of 0.5 feet. In addition, new drainage ditches or
, channels must be demonstrated to convey the peak runoff from the 100-
� year design storm without overtopping.
_ g. Section 1.2.4, CORE REQUIREMENT #4; CONVEYANCE SYSTEM,
-� "Composition".
�
� i. Requirements for Zone 1 of an Aquifer Protection Area: New conveyance
� systems shall be constructed in accordance with the Pipeline Requirements
� specified in Section 8-8-6.D of the Aquifer Protection Ordinance. Proposed
� projects shall provide an impervious surface for all new or e�sting areas
that will be subject to vehicular use or storage of chemicals. Said
' impervious surface shall be provided with the proper catch basins and a
� pipeline storm drainaDe system in order to collect surface water runoff and
; direct it into the downstream drainage conveyance system.
u. Requirements for Zone 2 of an Aquifer Protection Area: A groundwater
protection liner may be required for new drainage ditches or channels per ,
; the design criteria described in the section "Liner to Prevent Groundwater
� Contamination" in the introduction to Section 4.6 Water Quality Facility
�
Design. Exception: New drainage ditches or channels do not require a
ground water protection liner following the last water quality facility.
Proposed projects sha11 provide an impervious surface for all new or
existing areas that will be subject to vehicular use or storage of chemicals.
Said impervious surface shall be provided with the proper catch basins and
a pipeline storm drainage system in order to collect surface water runoff
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ORDINANCE NO. 4 7 4 0 I
and direct it into the downstream drairiage conveyance system.
h. Section 1.3.5, SPECIAL REQUIREMENT #5; SPECIAL WATER QUALITY
CONTROLS.
i. Requirements for Zone 1 of an Aquifer Protection Area
❖ Threshold: If a proposed project will discharge runoff from more than one acre of impervious
surface that will be subject to vehicular use or storage of chemicals, and:
(1) Proposes direct discharge of runoff to a regional facility, receiving water, lake,
wetland,.or closed depression without on-site peak rate runoff control; OR
(2) The runoff from the project will discharge into a Type 1 or 2 stream, or Type 1
wetland, within one mile from the project site. .
❖ Requirement: Then a wetvault meeting the standards described above shall be employed to
treat a project's runoff prior to discharge from the project site. This wet vault is in addition to
the wet vault required by Section 1.2.3. CORE REQUIlZEMENT #3: RLTNOFF CONTROL.
New or existing retrofitted wetvaults and appurtenances shall meet the Pipeline Requirements
specified in section 8-8-6.D.
u. Requirements for Zone 2 of an Aquifer Protection Area: �
❖ Threshold: If a proposed project will construct more than one acre of impervious surface that
will be subject to vehicular use or storage of chemicals, and
(1) Proposes direct discharge of runoff to a regional facility, receiving water,
lake, wetland, or closed depression without on-site peak rate runoff
control; OR
(2) The runoff from the project will discharge into a Type 1 or Z stream, or
Type 1 wetland, within one mile from the project site.
�:• Requirement: Then a wetpond meeting the standards described above shall be employed to
treat a project's runoff prior to discharge from the site. A wet vault or water quality swale, as
described above, may be used when a wetpond is not feasible. A groundwater protection liner
may be required for wetponds and water quality swales per the design criteria described in the
section "Liner to Prevent Groundwater Contamination" in the introduction to section 4.6
Water Quality Facility Design.
SECTION VI. Subsections 4.6.030.E.3.i and 3.j of Chapter 6, Street and Utility
Standards, of Title IV (Development Regulations), of Ordinance No. 4260 entitled "Code of
General Ordinances of the City of Renton, Washington" are hereby deleted.
�
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ORDINANCE NO. 4 7 4 0 I
SECTION VII. Section 5-5-5 of Chapter 5, Business Licenses, of Title V (Finance
and Business Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the
City of Renton, Washington" is hereby amended to read as follows: �
5-5-5: REQUIREMENTS FOR BUSINESS LICENSE APPLICATIONS WITHIN AN
AQUIFER PROTECTION AREA:
A. All applications for business licenses within a designated Aquifer Protection Area I
(Zones 1 and 2) shall include a Hazardous Materials Inventory Statement as �
defined in section 8-8-2 if hazardous materials, also defined in section 8-8-2, will
be stored, handled, treated, used, or produced on site. The Water Utility sha11
review the Hazardous Materials Inventory Statement prior to issuance of the
business license. An Aquifer Protection Area Operating Permit shall be obtained by
the applicant prior to issuance of the business license if more than the de minimus
amount of hazardous materials as defined in section 8-8-3.M.4.a will be present on
site. A business that is required to obtain an Operating Permit and operates
without one shall be in violation of sections 8-8-3.A, B, and C.
, SECTION VIII. Sections 8-8-1, 8-8-2, 8-8-3 and 8-8-4 of Chapter S, Aquifer
Protection, of Title VIII (Health and Sanitation), of Ordinance No. 4260 entitled "Code of '
��
General Ordinances of the Cit of Renton Washin n r h r m n ed t read as follows:
y , gto a e e eby a e d o
8-8-1: PURPOSE AND INTENT:
A. Purpose: The purpose of this Chapter is to protect aquifers used as potable water
supply sources by the City from contamination by hazardous materials. This
Chapter establishes regulations for land uses within Aquifer Protection Areas;
construction, inspection and monitoring standards for new and existing hazardous
material facilities; uniform standards for release reporting, emergency response,
closure and abandonments, and enforcement; and permit procedures.
B. Intent: It is the intent of this Chapter to provide a method:
1. To protect the groundwater resources of the City.
2. To provide a means of regulating specific land uses within Aquifer Protection
Areas.
3. To provide a means of establishing safe construction practices for projects I
built within an Aquifer Protection Area.
4. To protect the City's drinking water supply from impacts by facilities that
store, handle, treat, use, or produce substances that pose a hazard to
groundwater quality.
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ORDINANCE NO. 4 7 4 0 -
i C. Other Sources of Authority:
� 1. Cleanups, monitoring andlor studies undertaken under supervision of the
Washington Department of Ecology or the U.S. Environmental Protection
Agency are established by State and Federal laws and are not covered by this
Chapter.
2. The Generic Hazardous Materials List attached and incorporated as E�ibit 1
to this Chapter is provided for informational purposes. Persons that store,
handle, treat, use, or produce a substance on the Generic Hazardous Materials
List may be storing, handling, using, or producing a hazardous material as
defined by this Chapter and, therefore, may be subject to the requirements of
this Chapter.
3. In addition to the provisions of this Chapter, all hazardous material facilities
and installations shall meet all applicable provisions and requirements of
article 80 of the Uniform Fire Code.
8-8-2: DEFIlVITIONS:
ADMIlVISTRATOR: The Administrator of the Department of Planning/Building/Public Works
of the City, or any successor office with responsibility for management of the public properties
within the City, or his/her designee.
AQUIFER: A ground water-bearing geologic formation or formations that contain enough
saturated permeable material to yield significant quantities of water to wells.
AQLTIFER PROTECTION AREA (APA): Shall be 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 defined in
E�ibit 2 to this Chapter.
AQUIFER PROTECTION AREA PERMIT: An authorization by the Utility for a person to
store, handle, treat, use or produce a hazardous material within an APA. The two (2) types of
permits that will be issued pursuant to this Chapter are an operating permit and a closure permit.
AQUIFER PROTECTION ZONES: Zones of an APA designated to provide graduated levels of
aquifer protection. Each APA may be subdivided into two (2) aquifer protection zones;
A. Zone 1: The land area situated between a well or well field owned by the City and
the three hundred sixty five (365) day ground water travel time contour.
B. Zone 2: The land area situated between the three hundred si�y five (365) day
ground water travel time contour and the boundary of the zone of potential
capture for a well or well field owned or operated by the City.
C. Protected APA Designated Zone 2: 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 I
will be designated as Zone 2.
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ORDINANCE NO. 4 7 4 0
CONSTRUCTION ACTIVITIES: Construction and all acti�ities associated with construction, to
include, but not be limited to, construction, remodeling, repair, and maintenance of structures,
equipment, roads, and utilities; mining; grading; landfilling; and excavating. Construction
activities may be regulated by pernuts issued by the City including, but not limited to, public
works construction permits, building permits, and mining, excavation, and grading permits and
licenses.
CONTAINMENT DEVICE: A device that is designed to contain an unauthorized release, retain
it for cleanup and prevent released materials from penetrating into the ground.
DEPARTMENT: The Planning/Building/Public Works Department of the City of Renton or any
successor office with responsibility for regulation of mining, excavation, and grading in the City.
EPA: The United States Environmental Protection Agency.
FACILITY: All contiguous land within an APA, structures, other appurtenances, and
improvements on the land and operations therein including, but not limited to, business,
government, and institutional activities where hazardous materials are stored, handled, treated,
used or produced in quantities greater than the de minimis amounts specified in section 8-8-3.H.2
of this Chapter. Pipelines including storm and sanitary sewers and product pipelines, interstate
freeways, state highways, arterials, and railroads are not facilities and do not require an APA
operating permit. '
GROIJNDWAT`ER: Water below the land surface in the zone of saturation.
GROUNDWATER MOT]ITORING PLAN: A plan containing procedures to be followed to
assess ground water quality for concentrations of those chemicals identified in the operating
permit.
GROUNDWATER MOIVITORING WELL: A small-diameter well installed for purposes of
� ;
sampling and monitoring ground water.
HAZARDOUS MATERIALS means those chemicals or substances which are physical or health
hazards as defined and classified in Article 80 of the Uniform Fire Code as adopted or amended
by the City whether the materials are in usable or waste condition; and any material that may
degrade groundwater quality when improperly used, stored, disposed of, or otherwise
mismanaged. Exhibit 1 to this Chapter provides a list of common substances that may be
' hazardous materials. Article VI-A of the Uniform Fire Code provides further information,
explanations, and exam les of hazardous materials.
P
HA7ARDOUS MATERIALS INVENTORY STATEMENT means a form provided by the
Utility or the Fire Prevention Bureau and completed by a facility owner that provides specified
information regarding hazardous materials at the facility.
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITY: Any
facility regulated pursuant to 40 CFR 264 or 265, or WAC 173-303-280 through WAC 173-303-
670.
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� ORDINANCE NO. 4 7 4 0
MATERIAL SAFETY DATA SHEET means written or printed information concerning a
hazardous material which is prepared in accordance with the provisions of 29 CFR 1910.1200.
OWNER: May include a duly authorized agent or attorney, a purchaser, devisee, fiduciary,
and/or a person having vested or contingent interest in the property and/or facility in question.
PERSON: Any person, individual, public or private corporation, firm, association,joint venture,
partnership, municipality, governmental agency, political subdivision, public officer, owner, lessee,
tenant or any other entity whatsoever or any combination of such,jointly or severally. '
PIPELINE: Buried pipe systems (including all pipe, pipe joints, fittings, valves, manholes, sumps,
and appurtenances that are in contact with the substance being transported) utilized for the
conveyance of hazardous materials. Pipelines include, but are not limited to, sanitary sewers, side
sewers, storm sewers, leachate pipelines, and product pipelines.
; POTABLE WATER: Water that is satisfactory for drinking, culinary, and domestic purposes
;,
meeting current County, State and Federal drinking water standards.
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� SOLID WASTE: Shall be defined as per chapter 173-304 WAC, Minimal Functional Standards
� for Solid Waste Handling, WAC 173-304-100(73).
3
y TANK VEHICLE means a vehicie other than a railroad tank car or boat, with a cargo tank
mounted thereon or built as an integral part thereof used for the transportation of flammable or
combustible liquids, LP-gas, or hazardous chemicals. Tank vehicles include self-propelled
. vehicles and full trailers and semi-trailers, with or without motive power, and carrying part or all
of the load.
� UNAUTHORIZED RELEASE: Any spilling, leaking, emitting, discharging, escaping, leaching,
� or deposing of a hazardous material into the air, into groundwater, surface water, surface soils or
� subsurface soils. Unauthorized release does not include: intentional withdrawals of hazardous
= materials for the purpose of Iegitimate sa1e, use or disposal; and discharges permitted under
Federal, State or local law.
iJNDERGROUND STORAGE FACILITY: Shall be defined as in City of Renton Ordinance No.
_ 4147, Underground Storage Tank Secondary Containment Ordinance, section 7-2-4 of this Code.
LJNDERLYING PERMITS: Pernuts required by the City, including but not limited to building
- permits; conditional use permits; mining, excavation and fill and grade pernuts; shoreline
development permits; site plan reviews; variance rezones; planned unit developments; and
�
subdivision, short subdivision and land use permits.
,
UTILITY: The City of Renton Water Utility.
` UTILITY STANDARDS: Standard design and construction practices adopted by the Utility.
WELL: A pit or hole dug into the earth to reach an aquifer.
WELL FIELD: An area which contains one or more wells for obtaining a potable water supply.
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ORDINANCE NO. 4 7 4 0
8-8-3 APPLICABILITY:
A. Compliance: Persons who own one or more facilities in an Aquifer Protection
Area (APA) shall comply with this Chapter except as preempted by Federal or
State law.
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 pernut requirements under this Chapter are applicable to
each facility individually.
B. Effective Date: The effective date for pernut applications is May 1, 1993.
C. Zone 1 Facilities: Within six (6) months of the effective date for permit
applications, all e�sting facilities located in Zone 1 of an APA must file an APA
operating permit, closure pernut, or relocation application with the Utility.
E�sting facilities located in Zone 1 of an APA must comply with Operating Permit
conditions described in section 8-8-6 of this Chapter by May l, 1996.
D. Zone 2 Facilities: E�sting facilities located in Zone 2 of an APA must file an APA
operating permit or closure permit application with the Utility by May 1, 1996.
Facilities located in Zone 2 of an APA must comply with the permitting
requirements of this Chapter including construction, containment, monitoring, and
inspection by May 1, 1998.
E. New Facilities: All proposals for new facilities within any zone of an Aquifer
Protection Area must be reviewed for compliance with this Chapter prior to
issuance of any land use 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.
F. Hazardous Materials: 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, arid closure requirements as
set forth in this Chapter.
G. Operating Permit Renewal: All Aquifer Protection Area operating permits must be
renewed by the Utility on an annual basis.
H. Existing on-site sewage disposal systems: Owners of structures that are connected
to existing on-site sewage disposal systems in Zone 1 of the APA shall comply
with section 8-8-6.C.2 and 3 of this Chapter.
I. Pesticide and fertilizer applicators: Persons who apply pesticide and/or fertilizer
containing nitrate in the APA, except for homeowners applying only to their own
property, shall comply with section 8-8-4 of this Chapter.
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ORDINANCE NO. 4 7 4 0
J. Fuel oil heating systems: Owners of facilities and structures shall comply with
section 8-8-6.B.3 of this Chapter relating to conversion of heating systems to fuel
oil and installation of new fuel oil heating systems.
K. Solid waste landfills: Owners of solid waste landfills shall comply with section 8-
8-8 of this Chapter.
L. Unauthorized release of hazardous materials: All persons shall comply with
section 8-8-12 relating to unauthorized release of hazardous materials.
M. Exemptions: Exemptions are as specified in this subsection unless the Utility �
determines that 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 Utility may require compliance with the
requirements of this chapter otherwise relevant to that hazaxdous material, activity,
and/or facility. Such determinations will be based upon site and/or chemical-
specific data and shall be eligible for appeal pursuant to section 8-8-21 of this
Chapter.
1. Use, storage, and handling of specific hazardous materials that do not present
a risk to the aquifer as determined and listed by the Utility is exempt from all
regulation under this Chapter with the exception of the requirement to list
these hazardous materials on the Hazardous Materials Inventory Statement as
provided by section 8-8-10.A.1.
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 section 8-8-6.F.l.
3. Hazardous materials offered for sale in their original containers of five (5)
gallons or less shall be exempt from Operating Permit requirements in sections
8-8-6.F, 8-8-7.F, 8-8-9, 8-8-10.A through G, and 8-8-11. Closure Permit
requirements in section 8-8-13 and the requirements pertaining to removal of
existing facilities in section 8-8-6.A.1.
4. The following are exempt from Operating Permit requirements in sections 8-
8-6.F, 8-8-7.F, 8-8-9, 8-8-10.A through G, and 8-8-11. Closure Permit
requirements in section 8-8-13, the requirements pertaining to review of
proposed facilities in sections 8-8-6.B and 8-8-7.B, and the requirements
pertaining to removal of existing facilities in section 8-8-6.A.l.
a. Hazardous materials use, storage, and handling in de minimus amounts
(aggregate quantities totaling twenty [20] gallons or less at the facility or ,
construction site). I
13
� ORDINANCE NO. 4 7 4 0
b. Non-commercial residential use, sforage, and handling of hazardous
materials provided that no home occupation business (as defined by Title
4, Chapter 11 of the Code of the City of Renton) is operated on the
premises.
c. 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.
d. Fuel oil used in existing heating systems.
e. Public interest emergency use, storage, and handling of hazardous
materials by governmental organizations.
- f. Hazardous materials used, stored, and handled by the City of Renton in
water treatment processes and water system operations.
- r vided that such fuelin
. Fuelin of e ui ment not licensed for street use o
g
g g q P P
� r that is desi ed and
activities are c�nluctel m a c�ntamment a ea gn
� maintained to prevent hazardous materials from coming into contact with
soil, surface water, or groundwater except for refueling associated with
'� construction activity regulated by section 8-8-6.E of this Chapter.
II ; h. Hazardous materials contained in properly operating sealed units
(transformers, refrigeration units, etc.) that are not opened as part of
routine use.
,�
I� 8-8-4: PROVISIONS FOR CERTAIN HAZARDOUS MATERIALS USED IN THE
� AQUIFER PROTECTION AREA:
�
�� A. The application of hazardous materials such as pesticides, herbicides, and
fungicides shall be allowed in an APA, except within 100 feet of a well or 200 feet
y of a spring, provided that:
' � l. 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.
2. 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 Utility within 72 hours of the application.
,
B. The application of fertilizers containing nitrates shall be allowed in an APA except
'' within 100 feet of a well or 200 feet of a spring provided that:
l. 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
f or a total yearly application of five (5) pounds of nitrogen per one thousand
14
.
ORDINANCE NO. 4 7 4 0
(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 yea.r�, and
2. 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 Water Utility within 72 hours of any application the
following information;
a. The name, address, and telephone number of the person applying the
fertilizer;
b. The location and land area of the application;
c. The date and time of the application;
d. The product name and formulation;
e. The application rate. �
SECTION IX. Subsection 8-8-S.0 of Chapter 8, Aquifer Protection, of Title VIII
(Health and Sanitation), of Ordinance No. 4260 entitled "Code of General Ordinances of the City
of Renton, Washington" is hereby deleted.
SECTION X. Subsections 8-8-6.A, B, E and F of Chapter 8, Aquifer Protection, of Title
VIII (Health and Sanitation), of Ordinance No. 4260 entitled "Code of General Ordinances of the
City of Renton, Washington" are hereby amended to read as follows.:
8-8-6: REGULATIONS W�-IICH APPLY WITHIN ZONE 1 OF AN APA:
A. Removal of Existing Facilities:
1. Ten (10) years after the effective date of this Chapter, the storage, handling,
use, treatment or production of hazardous materials in aggregate quantities
greater than 500 gallons shall not be allowed within Zone 1 of an APA. The
storage, handling, use, treatment or production of perchloroethylene shall not
be allowed within Zone 1 of an APA after March 31, 1999.
2. Existing facilities located in Zone 1 of an APA and using, storing or producing
hazardous materials over the de minimis quantity must apply for an operating
permit, closure permit or relocation assistance within six (6) months of the
effective date for pernut applications.
15 I
ORDINANCE NO. 4 7 4 0 ,
3. The City is offe'ring relocation incentives to e�cisting facilities in Zone 1 of an
APA that, due to the provisions of section 5-8-6.A.1, will relocate outside of
Zone 1. These incentives include:
a. Waiver of System Development Charge if relocation is within the City
limits and occurs by December 31, 1999.
b. The City shall pay sixty percent (60%) of documented relocation expenses
up to sixty thousand dollars ($60,000.00) if an owner files an intent to
enter into a business relocation assistance agreement with the Utility prior
to March 31, 1999. Payment shall be made only if relocation is within the
City limits of Renton and a valid claim is submitted by December 31,
1999.
4. Timing of payment of relocation expenses and completion of other specific
requirements shall be made according to the administrative rule to be adopted
by the Administrator.
1
�
? 5. 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 section 8-8-6.B.2 shall be prohibited.
6. Closure of a facility or ternunation of any or all facility activities shall be
conducted in accordance with the closure requirements (section 8-8-13) of
this Chapter.
B. Review of Proposed Activities:
1. Within Zone 1 of an APA, no changes in land use shall be allowed nor shall
; pernuts for construction activity or business licenses be issued if the Utility
; finds that the proposed land use, activity, or business is likely to impact the
long term, short term or cumulative quality of the aquifer. The finding shall be
based on the present or past activities conducted at the site; hazardous
materials that will be stored, handled, treated, used or produced; and the
potential for the land use, activity, or business to degrade groundwater
quality.
2. Changes in land use and types of new facilities which are prohibited within
Zone 1 of an APA include, but are not limited to: any use or facility in which
more than 500 gallons of hazardous material in aggregate quantities will be
present on the premises at any one time. Of the 500 gallons, not more than
150 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.
�
Containers of hazardous material exceeding 5 gallons in size shall not be
allowed to be stored on the premises.
16
�
ORDINANCE NO. 4 7 4 0
3. The conversion of heating systems to fuel oil or the installation of new fuel oil
heating systems in Zone 1 of the APA after the effective date of this Chapter
is prohibited.
4. The following specific changes in land use and types of new facilities will be
prohibited within Zone 1 of an APA: Surface impoundments (as defined in
WAC 173-303 and 304); waste piles (as defined in WAC 173-303 and 304);
hazardous waste treatment, storage, and disposal facilities; all types of
landfills including solid waste landfills; transfer stations; septic systems;
recycling facilities that handle hazardous materials; underground hazardous
material storage and/or distribution facilities; land uses and new facilities that
will use, store, treat, handle, and/or produce perchloroethylene; and petroleum
product pipelines.
5. All applications for land use 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 Zone 1 of the APA must be reviewed for compliance with tlus Chapter by
the Utility prior to approval. 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. An
inventory of hazardous materials on forms provided by the Utility shall be
submitted to the Utility upon application for a land use permit. Where
� required by the Utility, plans and specifications for secondary containment
shall be submitted and shall com 1 with section 8-8-6.F.1. Land use ernuts
PY P
shall not be issued until plans and specifications for secondary containment, if
required, have been approved by the Utility.
6. 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 section 8-8-6.B.2 of this Chapter.
E. Construction Activity Standards: The following standards shall apply to
construction activities occurring in the APA 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
hazazdous materials contained in fuel or fluid reservoirs of construction vehicles
will exceed the de minimus amount specified in section 8-8-3.H.4.a of this
Chapter.
1. 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 shall be submitted to the Department
prior to issuance of a permit regulating construction activiTy in the APA.
17
... _ -.. .. . .. .. - : .
ORDINANCE NO. 4 7 4 0
, 2. A hazardous materials management st��ement shall be submitted by the
applicant that describes how requirements of this section will be met by the
applicant and shall be approved by the Department prior to issuance of a
permit regulating construction in the APA. The hazardous materials
management statement shall briefly describe how the applicant will comply
with the following requirements:
a. There shall be a designated person on site during operating hours
who is responsible for supervising the use, storage, and handling of ;
hazardous materials and who shall take appropriate mitigating I�
actions necessary in the event of fire or spill. ',
b. Hazardous material storage, dispensing, and refueling areas and, to
the extent possible, use and handling areas shall be provided with
secondary containment in accordance with section 8-8-6.F.1 of this
Chapter.
c. Hazardous materials left on site when the site is unsupervised must
be inaccessible to the public. Locked storage sheds, locked fencing,
locked fuel tanks on construction vehicles, or other techniques may �
be used if they will preclude access.
d. Construction vehicles and stationary equipment that are found to be
leaking fuel, hydraulic fluid, and/or other hazardous materials shall
be removed from the site and the APA or repaired in place as soon
as possible and may remain on the site in the interim only if leakage
is completely contained.
e. Stora e and dis ensin of flammable and c mbu ti I li i
g p g o s b e qu ds from
tanks, containers, and tank vehicles into the fuel and fluid reservoirs
, of construction vehicles or stationary equipment on the
construction site shall be in accordance with these standards and the
Uniform Fire Code section 7904.2. as adopted or amended by the
City.
f. Equipment and supplies adequate for the immediate clean-up of the
worst case release shall be stored on the construction site in close
proxirnity to hazardous materials.
g. Unauthorized releases as defined in section 8-8-2.V shall
immediately be contained, reported, and cleaned up as required by
section 8-8-12 ofthis Chapter. Contaminated soil, water, and other
materials shall be disposed of according to state and local
requirements.
18 ��
ORDINANCE NO. 4 7 4 0
h. Application of pesticide and fertilizer shall be in accordance with
the requirements of section 8-8-4 of this Chapter.
F. Requirements for Aquifer Protection Area Operating Permits Issued to Existing
Facilities: The following conditions will be required as part of any operating
pernut issued in Zone 1 of an APA. These conditions must be met within two (2)
years of the effective date for pernut applications.
1. Secondary Containment: 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 150
percent of the volume of the largest container or 10 percent of the
aggregate volume of all containers, whichever is greater. Volumes
specified are in addition to the design flow rate of the automatic fire
e�ctinguishing 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 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 contairiment devices sha11 be capable of containing any
unauthorized release for at least the maximum ariticipated 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 24
19
ORDINANCE NO. 4 7 4 0
hour, 25-year storm, in addition to the volume of the hazardous
matenal stored in the tank. Storage of hazardous materials, both
indoors and outdoors, shall, at all times, meet both the requirements
of this Chapter 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 24 hours following a release. Hazardous materials
shall be removed from the secondary containment device within 24
hours of detection and sha11 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 e�sting piping shall be according to procedures and
designs approved by the Utility.
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.
2. Hazardous Material Monitoring Requirements for E�sting Facilities :
a. The owners of all e�cistin facilities shall im lement hazardous
g P
materials monitoring. I
b. All hazardous material monitoring activities shall include the
following:
(1) 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 forniat.
20
�
-
ORDINANCE NO. 4 7 4 0
(2) 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
Utility may require the submittal of the monitoring records
or a summary at a frequency that the Utility may establish.
The written records of all monitoring performed in the past
three (3) years shall be shown to the Utility upon demand
during any site inspection. Monitoring records shall include
- but not be limited to:
(i) The date and time of all monitoring or sampling;
(ii) Monitoring equipment calibration and maintenance
records;
� (iu) The results of any visual observations;
(iv) The results of all sample analysis perFormed in the
� � laboratory or in the field, including laboratory data
� sheets.
� (v) The logs of all readings of gauges or other
monitoring equipment, groundwater elevations or
�
other test results; and
(vi) The results of inventory readings and reconciliations.
(3) Visual monitoring must be implemented unless it is
deternuned by the Utility to be infeasible to visually
monitor.
I � c. For facilities located in Zone 1 of an APA, on every day of
' � operation, a responsible person designated by the pernuttee shall
� check for breakage or leakage of any container holding hazardous
; materials. Electronic sensing devices approved by the Water Utility
� may be employed as part of the inspection process, provided that
the system is checked daily for malfunctions.
3. Emergency Collection Devices: For facilities located in Zone 1 of an APA,
vacuum suction devices, absorbent scavenger materials, or other devices
approved by the Water Utility shall be present on site (or available within an
hour by contract with a cleanup company approved by the Water Utility), 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.
4. Inspection of Containment and Emergency Equipment: For facilities located
in Zone 1 of an APA, 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
21
ORDINANCE NO. 4 7 4 0
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 Water Utility for examination.
5. Employee Training: Operators of all facilities in Zone 1 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 Water Utility for inspection. ,
6. Additional Operating Permit Requirements for Zone 1: By the fifth year �'
following the effective date for permit applications, owners sha11 complete
the following:
a. 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 Utility may require that the owner of a facility
install one or more groundwater monitoring wells in a manner
approved by the Utility in order to accommodate the required
groundwater monitoring. Criteria used to deternune the need for
site monitoring shall include, but not be limited to, the pro�mity 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 Utility '
in the Operating Pernut. 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 Utility. '
b. Site Improvements:
(1) 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.
(2) For those facilities located in Zone 1 of an APA in which
the nature of the business involves the use of hazardous
22
ORDINANCE NO. 4 7 4 0 '
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 subsection 4-
6-030.E.3 of Chapter 6, Street and Utility Standards, of
Title IV (Development Regulations), of Ordinance No.
4260 entitled "Code of General Ordinances of the City of
Renton".
(3) 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
section 8-8-6.D.2 of this Chapter and reserves the right to I
require that such wastewater conveyance be repaired or
replaced according to section 8-8-6.D.1 of this Chapter.
c. 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 section 8-8-6.F.7.a. and b.
Payment by the City shall be made according to adopted
administrative rules.
SECTION XI. Sections 8-8-7 and 8-8-8 of Chapter 8, Aquifer Protection, of Title
VIII (Health and Sanitation), of Ordinance No. 4260 entitled "Code of General Ordinances of the
City of Renton, Washington" are hereby amended to read as follows:
8-8-7: REGULATIONS WHICH APPLY WITHIN ZONE 2 OF AN APA:
A. Existing Facilities: The storage, handling, treatment, use or production of
hazardous materials at e�sting facilities shall be allowed within Zone 2 of an APA
upon compliance with the provisions of this Chapter. ;
B. Review of Proposed Activities:
1. Sections 8-8-6.B.1., 3., and 5, of this Chapter, which pertains to review of
proposed facilities in Zone 1 of an APA, also applies to Zone 2 of an APA.
2. The following specific changes in land use and types of new facilities will be
prohibited within Zone 2 of an APA: hazardous waste surface impoundments;
waste piles (as definecl in WAC 173-303 and 304); recycling facilities that
handle hazardous materials; hazardous waste treatment and storage facilities;
solid waste landfills; transfer stations; and petroleum product pipelines.
23
ORDINANCE NO. 4 7 4 0
C. Wastewater Disposal Requirements:
1. New developments (residential and nonresidential) shall, as a condition of the
building permit, be required to connect to a central sanitary sewer system
prior to occupancy. New single-family residential development on e�sting
lots may use an on-site sewage disposal system in lieu of connection to a
central sanitary sewer system when the Wastewater Utility has determined
that, according to its codes and policies, a central sanitary sewer is
unavailable. Approval of the use of an on-site sewage disposal system for
such development shall be conditional upon the signing of a covenant running
with the land to connect to a central sanitary sewer within two years of its
availability as determined by the Wastewater Utility, according to its codes
and policies.
2. Sanitary sewers sha11 be constructed in accordance with prevailing American
Public Works Association (APWA) standards with respect to minimum
allowable infiltration and exfiltration.
D. Pipeline Requirements: If the Utility 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 Utility may require: leakage testing in accordance with
section 8-8-6.D.2 of this Chapter; installation, sampling, and sample analysis of
groundwater monitoring wells; repair of the pipeline to the satisfaction of the
Utility such that degradation of groundwater quality is minimized or eliminated.
Criteria for this determination is specified under section 8-8-7.G.2 of this Chapter.
E. Construction Activity Standards: Standards to be followed for any construction
activity which shall be undertaken within Zone 2 of an APA shall be as specified
for Zone 1 of an APA in section 8-8-6.E of this Ghapter.
F. Requirements for Aquifer Protection Area Operating Pernuts Issued to E�cisting
and New Facilities: Permit requirements as part of any pernut issued in Zone 2 of
an APA shall be as specified for Zone 1 of an APA in sections 8-8-6.F.1 through
6. of this Chapter.
G. Potential to Degrade Groundwater:
1. If the Utility determines that an existing or proposed facility located in Zone 2
of an APA has a potential to degrade groundwater quality which equals or
exceeds that of a permitted facility in Zone l, then the Utility may require that
facility to fully comply with section 8-8-6 of this Chapter.
2. Criteria used to make this determination shall include but not be limited to the
present and past activities conducted at the facility; types and quantities of
hazardous materials stored, handled, treated, used or produced; the potential
for the activities or hazardous materials to degrade groundwater quality;
history of spills at the site, and presence of contamination on site.
24
ORDINANCE NO. 4 7 4 0
3. Such determinations shall be subject to appeal pursuant to section 8-8-21 of
this Chapter.
8-8-8: REGULATIONS FOR EXISTING SOLID WASTE LANDFILLS:
A. Earth materials used as fill or cover at a solid waste landfill shall meet the
requirements of subsection 4.4.060.L.4 of Chapter 4, Property Development
Standards, of Title IV (Development Regulations).
B. The Utility 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 conective action program equal to that described by section
10.72.030. The Utility shall have the authority ascribed to the health officer in said
regulations. Quarterly reports shall be provided to the Utility detailing
groundwater monitoring activity during the preceding three months. Reports
detailing conective action required by the Utility shall be submitted according to a
written schedule approved by the Utility.
SECTION XII. Subsections 8-8-9.A, B and C of Chapter 8, Aquifer Protection, of
Title VIII (Health and Sanitation), of Ordinance No. 4260 entitled "Code of General Ordinances
of the City of Renton, Washington" are hereby amended to read as follows:
A. No person, persons, corporation, or other legal entities shall operate a facility in an
APA without first obtainin an o erating permit from the Utility.
g P
B. The Utility shall not issue an operating pernut 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 Chapter and will not impact the short term,
long term or cumulative quantity or quality of groundwater.
C. No person, persons, corporation or other legal entity shall temporarily or
permanently abandon a facility in an APA without complying with the
requirements of section 8-8-13 closure permits and permit conditions of this
Chapter.
SECTION XIII. Section 8-8-10 of Chapter 8, Aquifer Protection, of Title VIII
(Health and Sanitation), of Ordinance No. 4260 entitled "Code of General Ordinances of the City
of Renton, Washington" is hereby amended to read as follows:
25
ORDINANCE NO. 4 7 4 0
8-8-10: OPERATING PERNIIT CONDITIONS:
Specific conditions for operating permits issued to facilities in Zones 1 and 2 of an APA
are described in section 8-8-6 and 8-8-7 of this Chapter, respectively. The following
general conditions shall be included as part of any operating permit issued pursuant to this
Chapter:
A. The operating permit application shall include at a minimum:
l. A Hazardous Materials Inventory Statement and, upon request by the
Utility, a Material Safety Data Sheet for any.or all materials entered in the
statement. (Hazardous material weights will be converted to volumes for
purposes of deternuning whether de minimus amounts.specified in section
8-S-3.H.2.b are exceeded. Ten [10] pounds shall be considered equal to
one(1) gallon.)
2. A list of the chemicals to be monitored through the analysis of groundwater
samples if goundwater monitoring is anticipated to be required.
3. 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 minimis amounts specified in section 8-8-
3.H.2 of this Chapter.
4. A description of the containment devices used to comply with the
requirements of this Chapter.
5. A description of the procedures for inspection and maintenance of
containment devices.
6. A description of how hazardous materials will be legally disposed.
7. A site map showing the following:
a. Property boundaries;
b. Building and other structures located on the property;
c. Secondary containment devices; and
d. Floor and yard drains with a note as to whether the drain is to
storm or sanitary sewer.
B. 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 pernut 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 Utility annually and
shall be available for inspection. Inspection and maintenance logs shall be
26
ORDINANCE NO. 4 7 4 0
maintained on-site by the owner for a period of at least three (3) years from the
date the monitoring was performed.
C. The permittee shall report to the Utility within fifteen (15) days after any changes
m a facihty mcludmg:
l. The storage, handling, treatment, use, or processing of new hazardous
materials;
2. Changes in monitoring procedures; or
3. The replacement or repair of any part of a facility that is related to the
hazardous material(s). !
D. The pernuttee shall report to the Utility any unauthorized release occurrence,
within twenty four (24) hours of its detection, in accordance.with section 8-8-
12.B.1 of this Chapter.
E. An operating permit, issued by the Utility, shall be effective for one year. The
Utility shall not issue a permit to operate a facility until the Utility determines that
the facility complies with the provisions of these regulations. If an inspection of
the facility reveals noncompliance, then the Utility 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 Utility for permit renewal at least sixty
(60) days prior to the expiration of the permit.
F. Operating permits may be transfened to a new facility owner if the new facility
owner does not change any conditions of the permit, the transfer is registered with
the Utility within thirty (30) days of the change in ownership, and any necessary
modifications are made to the information in the initial pernut application due to
the change in ownership.
G. Within thirty (30) days of receiving an inspection report from the Utility, the
operating permit holder shall file with the Utility 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 pernut
conditions. This plan and time schedule shall also implement all of the
, recommendations of the Utility.
SECT'ION XIV. Section 8-8-11 of Chapter 8, Aquifer Protection, of Title VIII
(Health and Sanitation), of Ordinance No. 4260 entitled "Code of General Ordinances of the City
of Rentoq Washington" is hereby deleted and the remaining sections renumbered:
SECTION XV. Sections 8-8-11, 8-8-12, 8-8-13, 5-8-14, 8-8-15, 8-8-16, 8-8-17, 8-
8-18, 8-8-19, 8-8-20, 8-8-21, 8-8-22, and 8-8-23 of Chapter 8, Aquifer Protection, of Title VIII
� 2�
f : - .._ : . . - _ .. . .. . _ . -_..
ORDINANCE NO. 4 7 4 0
(Health and Sanitation), of Ordinance No. 4260 entitled "Code of General Ordinances of the City
of Renton, Washington" are hereby amended to read as follows:
8-8-11: SITE MOIVITORING PLAN:
If a facility is required to perform site monitoring pursuant to section 8-8-6.F.7.a
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 Utility
in the operating pernut. 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 section 8-8-6.F.6.a and section 8-8-12.0 of this
chapter.
8-8-12: UNAUTHORIZED RELEASES:
A. Unauthorized Release Prohibited, Reporting Required: 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 pernutted under federal, state, or
local law. All unauthorized releases as defined in Section 8-8-2 shall be reported
to the Utility within twenty-four (24) hours of discovery that the release has
occurred. Unauthorized releases shall be reported by the person or persons
responsible for the release and/or the owner of the property on which the release
has occurred.
B. Unauthorized Releases From Facilities:
1. Unauthorized releases shall be reported to the Utility within twenty four
(24) hours of discovery of the occurrence and shall be recorded in the
owner's inspection and maintenance log.
2. The report shall contain the following information that is known at the time
of filing the report:
a. List of type, quantity, and concentration of hazardous materials
released.
b. The results of all investigations completed at the time to determine
the e�ent of soil or groundwater or surface water contamination
because of the release. i
28
ORDINANCE NO. 4 7 4 0
c. Method of cleanup implemented to date and proposed cleanup
actions.
d. Method and location of disposal of the released hazardous material
and any contaminated soils, groundwater, or surface water.
e. Proposed method of repair or replacement of the containment
device.
f. Facility owner's name and telephone number.
3. Until cleanup is complete, the owner shall subrr�it reports to the Utility
every month or at a more frequent interval specified by the Utility. The i
reports shall include the information requested in this Chapter. 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
state drinking water quality standards has been removed and the cleanup
meets the Model To�cs Control Act Cleanup Regulation-(Chapter 173-
340 WAC).
C. Semi-annually, or more frequently, the utility may review all site monitoring results
submitted by owners in an APA.
The Utility may require the owner to immediately accomplish the following if a
hazardous material that is listed in the Operating Permit 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:
1. Locate and determine the source of the hazardous material detected.
2. Stop and prevent any further unauthorized release(s), of the hazardous
material detected, if under the control of the owner. �,
3. Comply with the requirements for an unauthorized release(s) from a
facility.
D. The owner shall not be subject to this mandatory action specified in section C if the
owner can present acceptable technical data that substantiates that it V is not
responsible for the violation.
E. The facility owner or other person responsible for an unauthorized release and/or
the owner of the property on which a release of hazardous materials has occurred
shall initiate and complete all actions necessary to remedy the effects of such
release on the City of Renton water supply at no cost to the City. If an
unauthorized release causes or is expected, according to the best available
29
:
ORDINANCE NO. 4 7 4 0
scientific evidence, to cause the drinking water supply of the City of Renton to fail
to comply with state drinking water quality standards, and if the facility owner or
other person responsible for an unauthorized release and/or the owner of the
property on which the release has occurred fails to address the unauthorized
release in a timely manner, the Utility or its authorized agents shall have the
authority to implement removal or remedial actions. Such actions may include, but
not be limited to, the prevention of further groundwater contamination; installation
of groundwater monitoring wells; collection and laboratory testing of water, soil,
and waste samples; cleanup and disposal of hazardous materials, and remediation
� of soil and/or groundwater. The facility owner or other person responsible for an
unauthorized release and/or the owner of the property on which the release has
occurred shall be responsible for any costs incurred by the Utility or its authorized
agents in the conduct of such remedial actions and shall be responsible for City
expenses incurred due to the unauthorized release including but not limited to
� removal and/or remedial actions, water supply operations, replacement of wells,
and water treatment.
F. Reporting a release to the Utility does not exempt or preempt any other reporting
requirements under Federal, State, or local laws. I
8-8-13: CLOSURE PERNIITS AND PERNIIT CONDITIONS:
A. No person shall close or cause to be closed a facility regulated pursuant to this
Chapter without first obtaining a closure permit from the Utility and a pernut from
the Renton Fire Department pursuant to the Uniform Fire Code, if required.
B. Closure pernuts shall be required for all facilities that cease to store, handle, treat,
use, or produce hazardous materials for a period of more than three hundred si�y
five (365) days or when the owner has no intent within the next year to store,
handle, treat, use, or produce hazardous materials. During the period of time
between cessation of hazardous material storage, handling, treatment, use, or
production, and actual completion of facility closure, the applicable containment
and monitoring requirements of this Chapter shall continue to apply.
C. Prior to closure, the facility owner shall submit to the Utility a proposal describing �,
how the owner intends to comply with closure requirements. Owners proposing to '
close a facility shall comply with the following requirements:
1. Hazardous materials shall be removed from the facility, including residual
liquids, solids, or sludges to levels specified in 173-340 WAC, Model
Toxic Control Act Cleanup Regulation.
2. When a containment device is to be disposed of, the owner must document
to the Utility that proper disposal has been completed.
3. An owner of a containment device or any part of a containment device that
is destined for reuse as scrap material shall identify this reuse to the Utility.
30
ORDINANCE NO. 4 7 4 0
D. The owner of a facility being closed shall demonstrate to the satisfaction of the
Utility that no detectable unauthorized release has occurred or that unauthorized
releases have been cleaned up (pursuant to the Model To�cs Control Act). This
demonstration can be based on the ongoing leak detection monitoring,
groundwater monitoring, or soils sampling performed during or immediately after
closure activities.
E. If an unauthorized release is determined to have occurred, the facility owner shall
comply with Section 8-8-12 of this Chapter.
F. Facility closure will be accepted as complete by the Utility upon implementation of
the closure permit conditions and compliance with all other provisions of the
Chapter.
G. Facility closure must be completed according to a timetable and pernut conditions
deternuned by the Utility and shall, in all cases, be completed within one year of
; the date when a closure pernut is required.
;
� 8-8-14: ENFORCEMENT:
i
' A. Authority, Appeals, and Violations.
The Utility shall be the administering agency and shall have the power and
; authority to administer and enforce the provisions of this Chapter. A parry
aggrieved by the decisions of the Utility in administering and enforcing the
provisions of this Chapter may request review and determination by the
Administrator. A party aggrieved by a determination of the Administrator may
appeal the administrative determination to the Hearing Examiner. Any further
appeal shall be to the superior court. Noncompliance with the provisions of this
j Chapter is a violation.
;
B. Inspections.
The Utility shall have the right to conduct inspections of facilities at all reasonable
times to determine compliance with this Chapter. All permitted facilities in an
APA will be subject to a minimum of one inspection per year by a Water Utility
inspector or designee. By the fifth year following the effective date for pernut
applications, all pernutted facilities in Zone 1 of the Aquifer Protection Area will
be subject to monthly inspections by a Water Utility inspector or designee to
determine compliance with the provisions of the Chapter.
C. Operating Pernut Suspension.
The Utility may, without warning or hearing, suspend an operating permit if
continued operation of the facility constitutes an immediate threat to the aquifer or
if violations have not been conected within the time specified in an inspection
report. Suspension is effective upon service of notice in writing to the owner or
the person in charge at the facility that the permit is immediately suspended and
that an opportunity for a hearing on the validity of the suspension will be provided
31
ORDINANCE NO. 4 7 4 0
if a written request for hearing is filed with the Administrator by the owner within
ten (10) days after tlie suspension. The filing of a written request for hearing shall
not stay the effectiveness of the suspension. When an operating permit is
suspended, facility operations shall immediately cease.
D. Operating Pernut Reinstatement After Suspension.
The owner whose operating permit has been suspended may submit to the Utility,
within ten (10) days of notice of permit suspension or within twenty (20) days of a
hearing, if one is requested, a written application for an inspection and
reinstatement of a suspended permit. The application shall include a statement
signed by the applicant that, in his or her opinion, the conditions causing
suspension of the permit have been corrected. The Utility shall, within five (5)
working days following the receipt of the application, inspect the facility. The
permit shall be reinstated within five (5) working days of the inspection if the
facility is in complete compliance with this Chapter as determined by the Utility.
� E. Operating Permit Revocation.
The Utility may revoke an operating permit if the owner does not apply for a
, reinspection or hearing within ten (10) days of permit suspension, if the owner
does not apply for a reinspection within twenty (20) days of a hearing, for repeated
violations of any of the requirements of this Chapter, for interference with the
Utility in the performance of duty, for submitting false or inaccurate information,
and for intentional unauthorized release of hazardous materials within the APA.
Prior to revocation, the Utility shall notify, in writing, the owner of the specific
' reason(s) for which the pernut is to be revoked and that the permit shall be
revoked at the end of the tenth (l Oth) day following service of such notice unless a
written request for hearing with the Administrator is filed with the Utility by the
owner within ten (10) days after the date of service, in which case the revocation
shall be stayed until the issuance of a final decision following the hearing. When an
operating permit is revoked; facility operations shall immediately cease.
The decision as to whether an unauthorized release of hazardous materials by the
owner was intentional shall be made by the Administrator of the Department of
Building/Planning/Public Works or his or her designee.
F. Application for Closure Permit Following Operating Permit Revocation.
The owner of a facility whose operating permit has been revoked shall immediately
apply for a Closure Permit and shall comply with closure requirements and closure
pernut conditions according to a schedule determined by the Utility.
G. Application for Operating Pernut Following Revocation.
The owner of a facilit for which the o eratin
y ermit has been revoked ma m k
P ae
gP y
written application for a new permit. The owner of a facility for which the
operating pernut has been revoked for reasons including but not limited to
32
ORDINANCE NO. 4 7 4 0
accidental or intentional unauthorized release of hazardous materials into the APA
may be permanently banned by the Administrator from obtaining an operating
permit for the same facility or another facility at any location in the APA.
8-8-15: NOTICE OF VIOLATION:
Whenever it is deternuned that there is a violation of this Chapter, the notice of violation
issued shall:
A. Be in writing; and
B. Be dated and signed by the authorized City agent making the inspection;
and
C. Specify the violation or violations; and
D. Specify the length of time available to correct the violation after receiving
; the notice of violation.
8-8-16: INJUNCTIVE RELIEF:
If any owner stores, handles, uses, or produces hazardous materials without having
obtained an operating or closure permit as provided for herein or continues to operate in violation
of the provisions of this Chapter, then the �City may file an action for injunctive relief in the
Superior Court of the State of Washington for King County. All costs incurred for abatement by
the City, including reasonable attorneys' fees, shall be paid by the owner operating without an
operating or closure permit or operating in violation of the provisions of this Chapter or the
permit.
8-8-17: OTHER LAWS, RIILES, AND REGULATIONS:
All owners within an APA must also comply with County, State, and Federal laws, rules,
and re lati n
gu o s related to the intent of this Chapter.
8-8-18: PENALTIES:
A. A violation of any of the provisions of this Chapter shall constitute a misdemeanor
and a nuisance. It shall be a separate offense for each and every day or portion
thereof during which any violation of any of the provisions of this Chapter is
committed continued or
, , pernutted.
B. Any owner who violates any provision of this Chapter shall be subject, upon
conviction in court, to a fine not to exceed five hundred dollars ($500.00) per day
per facility.
33
ORDINANCE NO.
4740 �
C. In addition to any fines and penalties set foRh above, the owner shall reimburse the
City for all costs incuned as a result of responding to, containing, cleaning up, or
monitoring the cleaning up and disposal of any spilled or leaked hazardous
material.
D. The names of all facilities and their owners that have violated provisions of this
Chapter will be published in a local newspaper on an annual or more frequent
basis.
8-8-19: ADNIINISTRATIVE RLTLE:
The Administrator sha11 adopt administrative rules for implementation that sets forth
criteria relating to interpretation and enforcement of this Chapter.
8-8-20: MODIFICATIONS, WAIVERS, ALTERNATIVES, TESTS:
A. Modifications: Whenever there are practical difficulties involved in canying out
, the provisions of this Chapter, the Administrator may grant minor modifications
for individual cases provided he/she shall first find that a specific reason makes the
strict letter of this Code impractical, and that the minor modification is in
conformity with the intent and purpose of this Code, and that such modification:
1. Will meet the objectives of environmental protection, safety, function, and
maintainability intended by the Code requirements, based upon sound
engineering judgment; and
2. Will not be injurious to other property(s) in the vicinity.
B. Waivers: Requirements of this Chapter may be waived upon determination by the
Administrator that all impacts to the aquifer would be mitigated and protective
measures will meet the intent and purpose of this Chapter.
C. Alternates: The provisions of this Code are not intended to prevent the use of any
material or method of construction or aquifer protection not specifically prescribed
by this Code, provided any alternate has been approved and its use authorized by
the Administrator.
The Administrator may approve any such alternate, provided she/he finds that the �
proposed design is satisfactory and complies with the provisions of this Code and
that the material, method or work offered is, for the purpose intended, at least the
in nvir nmental rotectio safe and
equivalent of that prescribed in this Code e o p n, ty,
effectiveness.
The Administrator shall require that sufficient evidence or proof be submitted to
substantiate any claims that may be made regarding its use. The details of any
action granting approval of an alternate shall be written and entered in the files of
the Code enforcement agency. I
34
ORDINANCE NO. 4 7 4 0
D. Tests: Whenever there is insufficient evidence of compliance with any of the
" provisions of this Code or evidence that any action does not conform to the
requirements of this Code, the Administrator may require tests as proof of
compliance to be made at no expense to this jurisdiction.
Test methods shall be as specified in this Code or by other recognized test
standards. If there are no recognized and accepted test methods for the proposed
alternate, the Administrator shall determine test procedures.
8-8-21: APPEALS:
A. Any decision of the City in the administration of this Chapter, such as
administrative determinations, or modifications, may be.appealed to the Hearing '',
Examiner. Appeals may be filed pursuant to the process described in the Code of
General Ordinances of City of Renton, section 4-8-11. The Hearing Examiner shall
give substantial weight to any discretionary decision of the City rendered pursuant
to this Chapter. Any decision of the Hearing Examiner on variances may be
appealed to Superior Court.
� B. The Hearing Examiner, in determining whether or not to grant a variance, shall
consider the following factors:
1. If there is available a feasible and effective measure to protect the aquifer
outside.of this Chapter.
2. The extent of the problem being resolved by this Chapter.
3. The contribution of the land being regulated to the problem.
4. The degree to which this aquifer protection Chapter solves the problem
presented by the proposal.
5. The amount and percentage of value lost by application of this Chapter.
6. The quality of the aquifer to be impacted.
7. The e�ent of remaining uses for the parcel.
8. The past, present and future uses of the property.
9. The extent to which the landowner could predict the effects of this Chapter on
the property.
8-8-22: AQiIIFER PROTECTION VARIANCE PROCEDURES:
If an applicarit feels that the strict application of this Chapter would deny all reasonable
use of the property or would deny installation of public transportation or utility facilities
determined by the public agency proposing these facilities to be in the best interest of the public
health, safety and welfare, the applicant of a development proposal may apply for a variance. An '
35
ORDINANCE NO. 4 7 4 0
application for a variance shall be filed with the Administrator. Requirements for a variance
include an environmental review pursuant to (SEPA) Washington Administrative Code 197-11-
300 (SEPA). A variance shall be decided by the Hearing Examiner based on the following
standards set forth in this Section:
A. The Hearing Examiner, in granting approval of a variance, must determine:
1. That the applicant suffers undue hardship and the variance is necessary
because of special circumstances applicable to the subject property, including
the size, shape, topography, location or surroundings of the subject property,
and the strict application of the Code is found to deprive subject properry
owner of rights and privileges enjoyed by other property owners in ihe vicinity
and other identical zone classification; and
2. That the granting of the variance will not be materially detrimental to the
public welfare or injurious to the water supply aquifer; and
a. That no economically viable alternative with less impact on the aquifer is
; physically and/or legally possible; and �
b. That there is no feasible on-site alternative to the proposed activities, �'
including reduction in density, phasing of project implementation, change
in timing of activities, revision of road and lot layout, and/or related site
planning considerations, that would allow a reasonable economic use with
less adverse impacts to the aquifer; and
c. That the proposed activities will not cause significant degradation of
groundwater or surFace water quality; and
d. That the applicant has taken deliberate measures to minimize aquifer
impacts, including but not limited to the following:
- limiting the degree or magnitude of the hazardous material and activity;
and
- limiting the implementation of the hazardous material and activity; and I
- using appropriate and best available technology; and
- taking affirmative steps to avoid or reduce impacts.
e. That there will be no damage to nearby public or private property and no
I threat to the health or safety of people on oi offthe property; and
f. That the inability to derive reasonable economic use of the property is not
the result of actions by the applicant in creating an uneconomic business
condition and use of the property after the effective date of this Chapter.
36
ORDINANCE NO. 4 7 4 0
3. That if government and quasi-governmental agencies are granted a variance
under this Section, they will meet the following additional conditions:
a. Competing public policies have been evaluated and it has been determined
by the Administrator that the public's health, safety, and welfare is best
served;
b. Each facility must conform to the Comprehensive Land Use Plan and with
� any adopted public programs and policies;
c. Each facility must serve established, identified public needs; and
d. No practical alternative e�sts to meet the needs.
4. That the approval as determined by the Hearing Examiner is a minimum
variance that will accomplish the desired purpose.
5. That in deternuning whether or not to gant a variance, the following factors
have been considered:
a. If there is an available, feasible, and ef�ective measure to protect the
aquifer outside of this Chapter;
b. The extent of the problem bemg resolved by this Chapter;
c. The amount and percentage of value lost by application of this Chapter;
d. The extent of remaining uses for the parcel;
e. The past, present, and future uses of the property; and
f. The extent to which the landowner could pr.edict the effects of this
Cha ter on the ro e .
P P P nY
B. The Hearing Examiner may prescribe any conditions upon the variance deemed to
be reasonably necessa and re uired to miti ate a uifer im acts. An variance
rY q g q P Y
granted by the Hearing Examiner, unless otherwise specified in writing, shall
become null and void in the event that the applicant or owner of the subject
property for which a variance has been requested has failed to commence
construction or otherwise implement effectively the variance granted within a
period of two (2) years after such a variance has been issued. For proper cause
shown, an applicant may petition the Hearing Examiner during the variance
procedure, for an extension of the two (2) year period specifying the reasons
therefor. The time may be extended but not exceed one additional year in any
event. Any variance granted by the Hearing Examiner shall expire pursuant to the
provisions of Title IV, Chapter 8 of the Renton Municipal Code.
3� I
ORDINANCE N0. 4 7 4 0
8-8-23: SEVERABILITY:
If any provision of this Chapter or its app(ication to any person or circumstance is held
invalid, the remainder of this Chapter or the application of the provision to other persons or
circumstances shall not be af�ected.
SECTIOPI XVi. This ordinance shall be effective upon its passage, approvai, and
thirty days after publication.
PASSED BY'I'HE CITY COLTNCII, thisl4thday of September , 1998.
�
Marilyn J. ete s n, City Clerk
APPROVED BY THE MAYOR this 14tl�ay of September , 1998.
�
Jesse T er, Mayor
Approved as to form:
����� 4 . �
�
Lawrence J. Warren, City Attorney _
Date of Publication: 9/18/9 8
ORD.714:8/19//98:as.
38 I
ORDINANCE NO. 4 7 4 0
, FOR INFORMATIONAL USE ONLY
EXF-lIBIT 1
. Generic Hazardous Materials List �!
Acid and basic cleaning solutions
Antifreeze and coolants i
Arsenic and arsenic compounds I
Battery acid
Bleaches, peroxides
Brake and transmission fluids �
Brine solution
Casting and foundry chemicals
Caulking agents and sealants
Cleaning solvents
Cooling water (not isolated from process chemicals) �
Corrosion and rust prevention solutions
Cutting fluids
Degreasing solvents
Deicing materials
Disinfectants
Dyes
Electroplating solutions
Engraving solutions
Etching solutions
Explosives
I Fertilizers
39
ORDINANCE NO. 4 7 4 0
� Fire extinguishing chemicals
Food processing wastes
Formaldehyde ,
Fuels and additives �
Glues, adhesives, and resins
Greases
Hydraulic fluid
Indicators
Industrial and commercial janitorial supplies
Industrial sludges and stillbottoms
Inks, printing, and photocopying chemicals
Laboratory chemicals
Liquid storage batteries
Medical, pharmaceutical, dental, veterinary, and hospital solutions
Metal dusts
Mercury and mercury compounds
Metals finishing solutions
Oils
Paints, pigments, primers, thinners, dyes, stains, wood preservatives, varnishing, and cleaning
compounds
Painting solvents
PCBs
Pesticides and herbicides
Plastic resins, plasticizers, and catalysts
Photo development chemicals
Poisons
40 '
ORDINANCE NO. 4 7 4 0
Polishes
Pool cherYucals
Processed dust and particulates
Radioactive sources
Reagents and standards
Refrigerants
Roofing chemicals and sealers
Sanitizers, disinfectants, bactericides, and algaecides
Soaps, detergents and surfactants
Solders and fluxes
Stripping compounds
Tanning industry chemicals
Transformer and capacitor oils/fluids
Water and wastewater treatment chemicals
Wastewater treatment sludges
(See printed copy of Code book on file in the office of the Clerk for E�ibit 2)
41
ORDINANCE NO. 4 7 4 0
PIPELINE MATERIAL REQUIREMENT
EXHIBIT 4
PIPELINE MATERIAL REQUIREMENTS
PIPE DIAMETER
PIPE MATERIAL <4 48 10-12 1420 2430 36-54 SUGGESTED MATERIAL SP
Ductile Iron,.Rubber Gaskets '
CementMortar-Lined 1,2 1,2 1,2 1,2 1,2 AWW?,C151,C104
Polyethyleae-Lined 1,2 1,2 1,2 1,2 1,2 AWWAC151
Ductile Iron,Nitrile Craskets
Cement Mortar-Lined 1,2 1,2 1,2 1,2 1,2 AWWA CI51,C104
Pol eth lene-Lined 1,2,3 1,2,3 1,2,3 1,2,3 1,2,3 AWWAC151
PVC,Rubber Gasket Joints
CL 150 or 200 _ 1,2 1,2 1,2 AW WA C900
SDR 35 1 1 ASTM D3034
PVC,Nitrile Gasket]oints 1,2,3 1,2,3 AWWA C900
CL 150 or 200
PVC,Solvent Welded Joints 2,3 1,2,3 1,2,3 ASTM D1784,D1785
Sch 80
Welded Steel,Rubber Gaskeu �
Cement MoRar-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C200,C205
Dielectric-Lined 1,2 1,2 1,2 1,2 1,2 AWWAC200,C210
Welded Steel,Welded Joints
Cement Mortar-Lined 1,2 1,2 AWWA C200,C205
Dielectric-Lined 1,2,3 1,2,3 AWWA C200,C210
High Density Polyethylrne Pipe 1,2 1,2 1,2 1,2 1 ASTM D1248 and D3350
Coirugated High Density Polyethylene 1 1 1 1 1 ASTM D1248 and AASHTO
Pi e-Smooth Interior
Sli foRn liner 4,5 4.5 4,5 4,5 4,5 ASTM D638
PIPELINE SERVICE '
1. Storm Sewer
2. Sanitary Sewer aod Side Sewer
3. Leachaie Pipeline
4. Rehab Existing Stortn Sewer
5. Rehab Existin Sani Sewer
E7�IIBIT 4
CONSIDERATIONS ON SELECTION OF PIPE MATERIALS
�;U�ili �i�s a list D�;�ate�als me :. ,
;
�Y: et�ng Per�c�mance stanc�s Oiher mat�na�s �ee€�g ����_
; ; < <
per€o�naace s#�dasr�s car d�reloged as the�es�o�new tee�olo
_ _ .. g3';may he ap�rQved�y the��l��y
a. Rubber gaskets ma.y be severely damaged by petroleum products, particularly in prolonged exposures
to concentrated flows containing little or no storm water or sanitary sewage. In cases where hea.vy
concentrations of petroleum products may be experienced, nitrile (Nitrile-Buta.diene; ie,NBR)gaskets
should be used.
b. Gasketed 'oints ma. not be lealc- roof at zero or low ressures, if im ro erl installed.
c. Mechanical 'oints ma. be less likel to leak at low ressures than ush-on 'oints.
d. Ma need rotective coatin s and/or cathodic rotection ainst e�emal corrosion.
e. Considered most reliable asket and luun material for ductile iron leachate i eline. �
� 42
ORDINANCE NO. 4 7 4 0
f. Verv difficult to re air linin s on inside of'oints in i e smaller than 24-inch diameter.
Almost alwavs needs rotective coatin s.and cathodic rotection a ainst external corrosiori.
h. Pro erl made 'oints are considered leak- roof.
i. Nitrile askets ma re uire lon delive time.
Re uires s ecial attention to beddin and backfilt de th to avoid structural failure of i e.
k. Large thermal expansion coefficient. May need to limit solvent welded joints to 4-inch and smaller
pipe. May require cazeful evaluation of pipe installation temperature and temperature of piped liquids
to ensure 'oint inte ri .
1. Pi e not available over 12-inch diameter.
m. Slip form lining is.available in 6-inch through 60-inch diameter for almost any pressure, if sufficient
i e cross-sectional area is available.
n. Pressure outs and els are not acce table for rehabilitation or atchin of storm and sanita sewers.
o. Suitability of pipe lining and gasket material to resist chemical attack by conveyed fluids must bc
detecmined for each i eline service considered.
p. All storm and sanitary sewer manholes, catch basins, and inlets should be equipped with precast
concrete bottom and sidewal(s with rubber gasketed joints between sections, water-tight epoxy grout or
other approved pipe entrances through walls, and approved waterproof coating of all interior floor and
wall surfaces. Manholes, catch basins, and inlets should have no leakage when hydrostatically tested
at atmos heric ressure.
Has ood resistance to a number of chemicals, etroleum roducts, and h dro en sulfide corrosion.
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ORDINANCE NO. 4 7 4 0
EXHIBIT 4
' CONSIDERATIONS ON SELECTION OF PIPE MATERIALS (cont.)
;
r. "Zero leakage" test requirement may be impossible to achieve under the best conditions for any pipe
materials because trapped air may distort test results, even in a drop-tight pipe. Pressure and leakage test
requirements should consider whether the pipe has steel slope or will stand full of liquid. Pipelines should be
; tested with the intent to prevent or muumize leakage. Air testing should not be.allowed; hydrostatic testing
should be as stringent as any found in the industry.
- Pipe materials, without regard for chemical atta.ck, corrosion, or puncture, are generally ranked as
follows, in decreasing order of liquid-tight reliability:
' • welded steel with welded joints
• PVC with solvent welded joints
• slip form liner
� • ductile iron with viton or rubber gaskets
• welded steel with rubber gasketed joints
• PVC with viton or rubber gasketed joints
s. Joints should consist of"heat-shrink"wrap, standard corrugated coupling, and full pipe band clamps.
t. The use of PVC may be restricted by other Utility policy in regards to depth of pipe cover.
u• �PE may be adversely affected by solvents; its use is not recommended where contact with solvents
may occur.
44