HomeMy WebLinkAboutORD 59541
CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5954
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTIONS 4‐4‐060.N.4 AND 4‐8‐120.D.19; SECTIONS 4‐11‐010, 4‐11‐190,
AND 4‐11‐230; AND CHAPTER 4‐5 OF THE RENTON MUNICIPAL CODE,
AMENDING CONSTRUCTION AND DEMOLITION WASTE DIVERSION
REGULATIONS, INCLUDING ADDING AND AMENDING DEFINITIONS, PROVIDING
FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on May 10, 2019, the City notified the State of
Washington of its intent to adopt amendments to its development regulations; and
WHEREAS, the Planning Commission held a public hearing on June 19, 2019, considered
all relevant matters, and heard all parties in support or opposition, and subsequently forwarded
a recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. Subsection 4‐4‐060.N.4 of the Renton Municipal Code is amended as
shown below. All other provisions in 4‐4‐060.N remain in effect and unchanged.
N. FILLS:
1. Applicability and Exemptions: Unless otherwise recommended in the
approved soil engineering report, fills shall conform to the provisions of this
Section. In the absence of an approved soil engineering report, these provisions
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may be waived for minor fills not intended to support structures. For minor fills or
waste areas, humps, hollows or water pockets shall be graded smooth with
acceptable slopes.
2. Fill Location: Fill slopes shall not be constructed:
a. On natural slopes steeper than two‐and‐one‐half horizontal to one
vertical (2.5:1) that are fifteen feet (15') or greater in height (except in conjunction
with a modification granted per RMC 4‐9‐250D1 for filling against the toe of a
natural rock wall – see RMC 4‐3‐050N2a(ii)(b)); or
b. Where the fill slope toes out within twelve feet (12') horizontally of
the top of existing or planned cut slopes that are fifteen feet (15') or greater in
height and steeper than two‐and‐one‐half horizontal to one vertical (2.5:1).
3. Preparation of Ground: The ground surface shall be prepared to receive
fill by removing vegetation, noncomplying fill, topsoil and other unsuitable
materials as determined by the soil engineer, and where the slopes are five to one
(5:1) or steeper, by benching into sound bedrock or other competent material,
provided native vegetation and significant trees are protected pursuant to RMC 4‐
4‐130.
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 be subject
to meet the following standards and requirements:
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a. General: Fill materials shall have no more than minor amounts of
organic decomposable substances and shall have no rock or similar irreducible
material with a dimension greater than eight inches (8"). Material used in fills shall
be appropriate for the site and the intended use of that portion of the site.
b. 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 from a Washington State Department of Transportation
approved source Standard Specifications for Road, Bridge, and Municipal
Construction.
c. b.Cleanliness of Fill Material: Fill material shall not contain
concentrations of contaminants that exceed cleanup standards for soil specified
in WAC 173‐340‐740, Model Toxics Control Act. No solid waste, hazardous waste,
hazardous material, or materials categorized as dangerous waste under Title 173
WAC shall be used as fill.
d. The Administrator may specify other characteristics of the fill
material used, the degree of compaction, the moisture content, and the method
of placement based on the intended use of the portion of the site where the fill
will be placed and the requirements for water retention, drainage control, and
erosion control.
e. c. Special Requirement Fill Material Source Statement for Projects
Located in Zone 1 of the Aquifer Protection Area and Which Will Involvinge the
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Placement of More than Fifty (50) Cubic Yards of Imported Fill: A fill material
source statement is required for projects located in Zone 1 of the Aquifer
Protection Area if more than fifty (50) cubic yards of imported fill will be used; the
documentation shall be certified by a professional engineer or geologist licensed
in the State of Washington. The fill material source statement shall be provided to
the Department and shall be reviewed and accepted by the Department prior to
stockpiling or grading imported fill at the project site. The fill material source
statement, as defined in RMC 4‐8‐120.D.19, shall be required for each source
location from which imported fill will be obtained.
f. d. Special RequirementFill Material Source Statement for Projects
Located in Zone 2 of the Aquifer Protection Area and Which Will Involvinge
Placement of More than One Hundred (100) Cubic Yards of Imported Fill: A fill
material source statement is required for projects located in Zone 2 of the Aquifer
Protection Area if more than one hundred (100) cubic yards of imported fill will be
used; the documentation shall be certified by a professional engineer or geologist
licensed in the State of Washington. The fill material source statement shall be
reviewed and accepted by the Department prior to stockpiling or grading
imported fill at the project site. The fill material source statement, as defined
described in RMC 4‐8‐120.D.19, is shall be required for each source location from
which imported fill will be obtained.
g. e. Abbreviated Source Statement for Aquifer Protection Area: The
Department may accept a fill material source statement, as defined in RMC 4‐8‐
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120.D.19, that does not include results of sampling and analysis of imported fill if
a professional geologist or engineer licensed in the State of Washington certifies
that the source location from which fill will be obtained has never been filled,
developed, or subjected to use that could have introduced chemical
contamination to the site.
h. f. Department Authority to Request Additional Information or
Reject Certified Source Statement: The Department has the authority to request
additional information regarding imported fill material and the source thereof and
to reject a fill material source statement or an abbreviated source statement
version if they do not demonstrate that the fill material to be imported to a project
site meets fill material standards in subsections L4a and L4b of this Section and/or
the Department has reason to suspect that the fill material could be
contaminated. Such requests or rejections shall be made in writing to the
applicant.
i. g. Source Statement Not Required for Imported Fill Obtained from
Washington State Department of Transportation Approved Source: The source
statement defined in RMC 4‐8‐120.D.19 is not required for those projects located
in the aquifer protection area if documentation is provided that imported fill will
be obtained from a Washington State Department of Transportation approved
source.
j. h. Sampling and Analysis Procedures: The licensed professional
engineer or geologist or person under their supervision who samples earth
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materials to be used as imported fill, oversees analysis, and prepares the a fill
material source statement required by subsections L4c and L4d of this Section
shall follow procedures specified in WAC 173‐340‐820 and 173‐340‐830 of the
Model Toxics Control Act ‐ Cleanup rRegulations.
k. i. Permittee Subject to Required Actions after Illegal Placement of
Imported Fill: A permittee person who stockpiles or grades imported fill at the site
without Department review and acceptance of the a fill material source statement
required by subsections L4c and L4d of this Section or who stockpiles or grades fill
at the site that does not meet the fill quality standards of subsections L4a and L4b
of this Section is subject to measures specified by the Department to reduce risk
of contamination of the site due to illegal placement of fill. Such measures may
include, but are not limited to, any or all of the following and shall be implemented
at the permittee’s person’s expense:
i. Provide the Department with the a fill material source statement
defined in RMC 4‐8‐120.D.19 within a time‐period specified by the Department;
ii. Immediately cover fill with a waterproof cover;
iii. Immediately remove fill;
iv. Installation of monitoring wells and monitoring of ground water
quality;
v. Remediation of contamination of the site caused by the illegal
placement of fill according to a schedule specified by the Department and in
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accordance with cleanup standards for soil and groundwater described in the
Model Toxics Control Act ‐ Cleanup rRegulations, chapter 173‐340 WAC.
l. j. Department Authority to Conduct Independent Sampling and
Analysis: The Department shall have the authority to enter on to private property
to conduct independent sampling and analysis of fill. If the Department
determines that fill does not meet fill quality standards of subsections L4a and L4b
of this Section, then it may require the permittee person to accomplish any or all
of the measures listed in subsection L4i of this Section at his or her own expense.
m. k. Department Authority to Implement Removal and Remediation
Measures: The Department or its authorized agents shall have the authority to
implement measures listed in subsection L4i of this Section if the permittee person
fails to accomplish such measures in a timely manner. The permittee shall be
responsible for any costs incurred by the Department or its authorized agents in
the conduct of such activities.
SECTION III. Chapter 4‐5 of the Renton Municipal Code is amended to add a new
section, 4‐5‐065, entitled Diversion of Building Materials From Landfills, to read as shown below.
All other provisions in Chapter 4‐5 remain in effect and unchanged.
4‐5‐065 DIVERSION OF BUILDING MATERIALS FROM LANDFILLS:
A. PURPOSE:
The purpose of this Section is to increase the reuse of construction and
removed building materials.
B. DEFINITIONS:
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Unless otherwise expressly stated, the following words and terms shall, for the
purposes of this Section, have the following meanings:
1. “Demolition” means the process of razing, relocating, or removing an
existing building or structure, or a portion thereof.
2. “Beneficial use” means the reuse of solid waste as an ingredient in a
manufacturing process, or as an effective substitute for natural or commercial
products in a manner that does not pose a threat to human health or the
environment. Avoidance of processing or disposal cost alone does not constitute
beneficial use.
3. “Recyclable materials” shall mean the list of construction and demolition
materials determined by the Administrator to have the potential for beneficial
use, and so promulgated by the Administrator.
C. APPLICABILITY:
Applicants for a permit to conduct the following activities shall be subject to
this Section:
1. construct a structure greater than one thousand (1,000) square feet of
gross floor area;
2. demolish an entire building or structure greater than one thousand
(1,000) square feet of gross floor area; or
3. make alterations greater than one thousand (1,000) square feet of gross
floor area of a building or structure or tenant improvements greater than two
thousand five hundred (2,500) square feet of gross floor area.
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D. REQUIREMENTS:
1. On any site where qualifying construction and/or demolition will occur
there shall be at least one bin on site for recyclable materials, which may be
commingled, that shall be sent to a County‐designated construction and
demolition materials processing facility for recycling for beneficial use.
2. All applicants for qualifying construction or demolition permits shall
submit a waste diversion report prior to permit finalization or issuance of a
certificate of occupancy. A partial or temporary certificate of occupancy may be
issued prior to submittal of the waste diversion report.
3. In instances where shared construction and demolition collection
containers are used by two (2) or more projects, periodic waste reports may be
submitted in place of a final waste diversion report, as determined by the building
official. The waste diversion report shall identify the amount, by weight or volume,
of generated construction and demolition material removed from a project site,
the hauler, and the receiving facility or location for each commodity. A signed
affidavit from the receiving location and photo documentation must be included
for salvaged materials for which a tip receipt cannot be obtained.
E. EXCEPTIONS:
Construction activity otherwise subject to this Section shall not include
disaster response performed in conjunction with a declared emergency, the
removal of structures determined to be hazardous or dangerous by the building
official, the removal of recyclable materials that are painted, have hazardous or
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asbestos containing constituents, are difficult to separate from other materials, or
are present only in very small quantities.
SECTION IV. The definition of “Source Statement, Fill Material, Aquifer Protection Area”
in subsection 4‐8‐120.D.19 of the Renton Municipal Code is amended as shown below. All other
definitions in 4‐8‐120.D.19 remain in effect and unchanged.
Source Statement, Fill Material, Aquifer Protection Area: A source statement
providing the following information:
a. The source location of imported fill;
b. Previous land uses of the source location;
c. Whether or not earth materials to be removed from the source location are
native, undisturbed soil;
d. 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;
e. Results of sampling and analysis pursuant to RMC 4‐4‐060.N.4.jh, Sampling
and Analysis Procedures; and
f. Whether or not imported fill meets fill quality standards described in RMC 4‐
4‐060.N.4a, Construction, Demolition, and Land Clearing Waste Prohibited, and
RMC 4‐4‐060N4b, Cleanliness of Fill Material.
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SECTION V. The definition of “Aquifer Protection Area (APA)” in section 4‐11‐010 of
the Renton Municipal Code is amended as shown below. All other definitions in 4‐11‐010 remain
in effect and unchanged.
AQUIFER 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 RMC 4‐3‐050.B, Applicability – Critical Areas
Designations/Mapping, and as identified in the City of Renton’s COR Maps, the
City’s online interactive mapping application available through the City’s website
depicted in RMC 4‐3‐050.Q.1, Maps, Aquifer Protection. The term shall be
synonymous with “Wellhead Protection Area.”
SECTION VI. The definition of “Solid Waste” in section 4‐11‐190 of the Renton
Municipal Code is amended as shown below. All other definitions in 4‐11‐190 remain in effect
and unchanged.
SOLID WASTE: Shall be defined as per Minimal Functional Standards for Solid
Waste Handling, pursuant to WAC 173‐350‐100 173‐304‐100(73).
SECTION VII. Section 4‐11‐230 of the Renton Municipal Code is amended to add a new
definition of “Wellhead Protection Area,” in alphabetical order, to read as shown below. All other
definitions in 4‐11‐230 remain in effect and unchanged.
WELLHEAD PROTECTION AREA: See AQUIFER PROTECTION AREA.
SECTION X. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
ORDINANCE NO . 5954
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION IX. This ordinance shall be in full force and effect January 1, 2020 .
PASSED BY THE CITY COUNCIL this 18th day of November, 2019.
APPROVED BY THE MAYOR this 18th day of November, 2019 .
Approved as to form:
Date of Publication: 11/22/2019 (Summary)
ORD:2069 :8/27 /19
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