HomeMy WebLinkAboutRES 2863 CITY OF RENTON, WASHINGTON
RESOLUTION NO. 2863
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING
AN EMERGENCY, ADOPTING AN UNDERGROUND STORAGE TANK REMOVAL
PROGRAM AND WAIVING COMPLIANCE WITH THE STATE
ENVIRONMENTAL POLICY ACT.
WHEREAS, the City of Renton has a sole source aquifer, so
designated by the Environmental Protection Agency in 1988, that
provides 85 percent of all potable water used in the City; and
WHEREAS, it is in the public interest to protect this sole
source aquifer from contamination; and
WHEREAS, the streams and rivers of the City of Renton
constitute a unique salmon spawning habitat; and
WHEREAS, WAC 197-11-880 allows exemptions from the SEPA Rules
for "actions that must be undertaken immediately or within a time
too short to allow full compliance with this chapter, to avoid an
imminent threat to public health or safety, to prevent an imminent
danger to public or private property, or to prevent an imminent
threat of serious environmental degradation" ; and
WHEREAS, the presence of numerous underground tanks containing
petroleum products located within the City constitutes a serious
hazard to the aquifer as well as potentially to the public health
and safety of those who reside and/or work here; and
WHEREAS, the presence of numerous underground tanks containing
petroleum products located in the City poses an imminent threat of
serious environmental degradation; and
WHEREAS, the Environmental Review Committee of the City of
Renton has adopted an Emergency Underground Storage Tank Removal
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RESOLUTION NO. 2863
Program to allow the timely removal of any remaining substandard
(tanks not meeting current Uniform Fire Code specifications) ,
underground storage tanks in the City of Renton, subject to pre-
specified mitigation measures as more particularly described in
Exhibits A & B, incorporated herein as if fully set forth. This
program is limited to a one ( 1 ) year duration, with a possible one
( 1 ) year extension (after evaluation) , ending on July 1, 1992 or
July 1, 1993, if extended.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DO RESOLVE AS FOLLOWS:
SECTION I. The above recitals are found to be true and
correct in all respects .
SECTION II . An emergency is hereby declared and compliance
with the State Environmental Policy Act is waived for adoption of
the Underground Storage Tank Removal Program.
PASSED BY THE CITY COUNCIL this 26th day of August ,
1991 .
Marilyn etersen, City Clerk
APPROVED BY THE MAYOR this 26th day of August ,
1991 .
E 1 Clymer, Mayo
Approved s to form: �
Lawren e J. War , City Attorney
ORD. 152-7/11/91 :as .
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RESOLUTION NO. 2863
EXHIBIT A
This policy applies to tanks located on a single property that
have a total aggregate capacity of 30, 000 gallons or less .
Properties having underground tanks with a total capacity of more
than 30, 000 gallons will be subject to full State Environmental
Policy Act ( SEPA) review before tank removal can take place. Also,
this program does not. exempt from SEPP_ review sites undergoing on-
site remediation.
The steps in the program are as follows :
1 . The applicant completes a City of Renton Abbreviated
Environmental Checklist (AEC) and submits it to the
Development Planning Section of the
Planning/Building/Public Works Department for immediate
review. The comaleted AEC must describe the number and
capacity of all petroleum product tanks on site as well as
their estimated contents . If the AEC indicates that no
spills or co?itamination are kncwii to exist on the site and
if the proposed tank removal meets the specifications
previously outlined, the applicant is : ( 1 ) directed to the
Fire Prevention Bureau to obtain a permit for removal of
the tank( s ) and (2 ) is asked to sign an agreement to
comply with conditions to the removal of the underground
tank(s ) . A copy of a sample agreement is attached.
Note: Failure to sign an agreement specifying proposed
mitigation maasures to be followed will place a project in
a non-exempt status category, requiring the project to go
through full environmental review.
2 . Once the required permits for Tank Removal are obtained
from the Fire Prevention Bureau, the removal of the
tar.k(s ) shall be supervised and monitored by the Renton
Fire Department. No tanks larger than 300 gallons shall
be removed in Aquifer Protection Area Number One without
on--site monitoring and supervision of their removal by the
Renton Fire Department. Complete soils testing after
removal will be conducted in accordance with Washington
State Department of Ecology (DOE) standards . If, during
the excavation cf- the tank(s) , contaminated soils are
found, all further excavation w.-_11 cease, the site will be
stabilized, and DOE will be nctified. Within one week,
the applicant shall submit three ( 3 ) copies of a soils
remediation plan to the Development Planning Section.
This soil remediation P'an mu:,t meat with the satisfaction
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RESOLUTION NO. 2863
of the DOE, the Renton Fire Prevention Bureau and the
Development Planning Section of the
Planning/Building/Public Works Department prior to the
resumption of any work on the project site.
3 . If contaminated soils are 100 cubic yards or less and the
contaminated soil are removed from the project site and
taken to an authorized disposal site, additional SEPA
review shall not be required unless specifically called
for by the DOE . If the contaminated soils or a portion
thereof are to be remediated on the project site, a
complete SEPA review shall be required
4 . Any applicant seeking to remove tank(s) with a capacity of
10, 000 gallons or more shall provide the City of Renton
with a hold harmless agreement to protect the City from
any liability or responsibility for any adverse impacts
from the tank removal process on the subject, abutting, or
nearby sites .
5 . If no contaminated soils are found, the SEPA exemption
will be upheld by the Development Services Manager, the
Zoning Administrator, or their designee.
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RESOLUTION NO. 2863
EXHIBIT B
(DATE)
City of Renton
Planning/Building/Public Works Department
(COMPANY NAME and/or NAME OF APPLICANT/PROPERTY OWNER)
agrees to the following conditions to the removal of its
underground tank(s ) located at (COMPANY ADDRESS) in the
City of Renton:
1. (COMPANY NAME and/or NAME OF APPLICANT/PROPERTY
OWNER) shall provide an agreement ensuring that:
a) complete soils testing will be conducted in
accordance with *Washington State Department of
Ecology standards; b) if, during the excavation of
the tank(s) , contaminated soils are found, all
further excavation will cease and the site
stabilized; and c) within one week, (COMPANY NAME
and/or NAME OF APPLICANT/PROPERTY OWNER) shall
submit copies of a soils remediation plan to the
satisfaction of the Fire Prevention Bureau and the
Development Planning Section of the
Planning/Building/Public Works Department prior to
the resumption of any work on the project site. '
2 . (COMPANY NAME and/or NAME OF APPLICANT /PROPERTY
OWNER) , in order to mitigate construction-related
impacts (e.g. , noise, dust, traffic, odors, and
safety) , shall submit and comply with a
construction management plan including, but not
limited to, the following elements: a) an erosion
con trol '*element; b) an element for the periodic
watering of any non-contaminated, disturbed soil
on the site to reduce dust; c) an element to limit
the hauling operations to the hours between 8 : 30
A.M. and 3 : 30 P.M. ; d) an element ensuring that
any trucks hauling contaminated soil shall be
closely covered and legibly identified as
containing such soils on the back and sides of the
vehicle; e) an element for the protection of the
existing storm drains from the soils on-site
disturbed by construction activities ; f) an
element providing for the capping of side sewers
when necessary;. and an element providing a
g) p g
safety fence around the site during construction.
3 . (COMPANY NAME and/or NAME OF APPLICANT/PROPERTY
OWNER) shall provide an agreement holding the City
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RESOLUTION NO. 2863
of Renton harmless for any liability arising from
any first, second, or third party suits because of
the City's role in allowing tank removals up to
30 , 000 gallons without environmental review.
Signature of Authorized Representative
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