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RES2863 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 1 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 . 2 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 3 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. 4 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 5 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 I r 6