HomeMy WebLinkAboutArticle III & IV FINAL Mod after 260107Article III. Critical Aquifer Recharge Areas
18.22.300 Purpose. Potable water is an essential life-sustaining element for humans and many other species. Much of Jefferson County’s drinking water comes from groundwater supplies. Critical aquifer recharge areas are important to ensure the quality and quantity of groundwater in aquifers. Preventing
contamination from land uses that may contaminate groundwater is necessary to protect water
supplies and avoid exorbitant costs, hardships and physical harm to people and ecosystems. It is the purpose of this article to identify and classify aquifer recharge areas in accordance with WAC 365-190-100 and balance competing needs for land uses and clean water supplies and preserve essential natural functions and processes, especially for maintaining FWHCA. [Ord. 5-20 § 2
(Appx. A)]
18.22.310 Classification and designation. Critical aquifer recharge areas (CARA) have the same meaning as in JCC 18.10.030 C definitions.
The following classifications define critical aquifer recharge areas:
(1) Susceptible Aquifer Recharge Areas. Susceptible aquifer recharge areas are those with geologic
and hydrologic conditions that promote rapid infiltration of recharge waters to groundwater aquifers. For the purposes of this article, unless otherwise determined by preparation of a Hydrogeologic or Critical Aquifer Recharge Area special report authorized under this article, the following geologic units, as identified from available Washington State Department of Natural
Resources geologic mapping, define susceptible aquifer recharge areas for east Jefferson County:
(a) Alluvial fans (Ha);
(b) Artificial fill (Hx);
(c) Beach sand and gravel (Hb);
(d) Dune sand (Hd);
(e) Floodplain alluvium (Hf);
(f) Vashon recessional outwash in deltas and alluvial fans (Vrd);
(g) Vashon recessional outwash in melt water channels (Vro);
(h) Vashon ice contact stratified drift (Vi);
(i) Vashon ablation till (Vat);
(j) Vashon advance outwash (Vao);
(k) Whidbey formation (Pw); and
(l) Pre-Vashon stratified drift (Py).
(2) Special Aquifer Recharge Protection Areas. Special aquifer recharge protection areas include:
(a) Sole-source aquifers designated by the U.S. Environmental Protection Agency in
accordance with the Safe Drinking Water Act of 1974 (42 U.S.C. 300f et seq.), such as
Marrowstone Island;
(b) Special protection areas designated by the Washington State Department of Ecology under chapter 173-200 WAC;
(c) Wellhead protection areas determined in accordance with delineation methodologies
specified by the Washington State Department of Health under authority of chapter 246-290
WAC;
(d) Groundwater management areas designated by the Washington State Department of Ecology in cooperation with local government under chapter 173-100 WAC.
(3) Seawater Intrusion Protection Zones (SIPZ).
(a) Seawater intrusion protection zones are:
(i) Aquifers and land overlying aquifers with some degree of vulnerability to seawater intrusion. SIPZ are defined either by proximity to marine shoreline or by proximity to groundwater sources that have demonstrated high chloride readings.
(ii) All islands and land area within one-quarter mile of marine shorelines and associated aquifers together compose the coastal SIPZ.
(b) High Risk SIPZ.
(i) Existing individual groundwater sources with a history of chloride analyses above 200 mg/L are categorized as a high risk SIPZ for development proposed under this code.
(ii) Areas within 1,000 feet of a groundwater source with a history of chloride analyses
above 200 milligrams per liter (mg/L) are categorized as a high risk SIPZ for development
proposed under this code.
(c) At Risk SIPZ. Areas within 1,000 feet of a groundwater source with a history of chloride analyses above 100 milligrams per liter (mg/L) are categorized as at risk SIPZ for development proposed under this code.
(4) Connate Seawater Exception. In some cases, high chloride readings may be indicative of
connate seawater (i.e., relic seawater in aquifers as opposed to active seawater intrusion). When best available science or a hydrogeologic evaluation demonstrates that high chloride readings in a particular area are due to connate seawater, the area in question shall not be considered an at risk or high risk SIPZ.
(5) Recommendation from the Jefferson County Public Health Department. When the status of an
area as either a high risk or an at risk SIPZ is in question, the administrator is responsible for making the determination based upon recommendation from the Jefferson County Public Health Department.
18.22.320 Applicability.
This article applies to any development, land disturbing activity or use within critical aquifer
recharge areas, unless the proposed activity meets any of the exemptions listed in JCC 18.22.230
General exemptions
18.22.330 Protection standards.
(1) General. The following protection standards shall apply to all development, land disturbing activities or uses within a critical aquifer recharge area (CARA) that have the potential to impact
aquifers. These areas include geologic and hydrologic conditions that promote rapid infiltration
of recharge waters to groundwater aquifers, which are vulnerable to contaminations. CARA are areas with a critical recharging effect on aquifers used for potable water. These include special aquifer recharge protection areas for the protection of sole source of drinking water as designated by the federal or the state of Washington.
(2) High impact uses. The uses listed below are considered high impact uses and shall be prohibited
in areas that are classified as both a susceptible aquifer recharge area and a special aquifer recharge protection area. In areas classified solely as a susceptible aquifer recharge area or a special aquifer recharge protection area, these uses shall require a critical aquifer recharge area report or hydrogeologic special report.
(a) Chemical manufacturing and processing;
(b) Creosote and asphalt manufacturing or treatment (except that asphalt batch plants may be permitted in susceptible aquifer recharge areas only if such areas lie outside of special aquifer recharge protection areas and only if best management practices are implemented pursuant to JCC 18.20.240(2)(h)(iv) and 18.30.170(1) and an accepted special report on
the critical aquifer recharge area or hydrogeologic report);
(c) Dry cleaners;
(d) Electrical battery processing, reprocessing, or storage;
(e) Electroplating and metal coating activities;
(f) Hazardous substance disposal, storage, and treatment facilities;
(g) Junk and salvage yards;
(h) Landfills;
(i) Petroleum product refinement and reprocessing;
(j) Pipelines;
(k) Radioactive disposal or processing of radioactive wastes;
(l) Recycling centers or recycling collection facilities as defined in JCC 18.10.180;
(m) Storage tanks (above or below ground) for hazardous substances or petroleum products;
(n) Tank farms;
(n) Waste piles as defined in WAC 173-303-660; and,
(o) Wood and wood products treatment or preserving.
(3) Other uses. The following uses, when proposed in a critical aquifer recharge area shall be subject to the protection standards in this article:
(a) All industrial and commercial uses with the potential to impact groundwater;
(b) All rural residential uses that meet one of the following;
(i) Uses with a locally managed community sewage system;
(ii) Uses with a large on-site sewage system meeting the management requirements of the Washington Department of Health; and,
(iii) All planned rural residential developments. [Ord. 5-20 § 2 (Appx. A)]33
(4) Seawater Intrusion Protection Zones (SIPZ). New development, redevelopment, and new land disturbing activities on islands and in close proximity to marine shorelines where there is a risk of seawater intrusion should be developed in such a manner to maximize aquifer recharge, maintain the saltwater and freshwater balance to the maximum extent possible, and are subject to the
antidegradation policy in accordance with WAC 173-200-030.
(5) Stormwater disposal.
(a) Stormwater runoff shall be controlled and treated in accordance with best management practices and facility design standards as identified and defined in the current Stormwater Management Manual for Western Washington and the stormwater provisions contained in
chapter 18.30 JCC. To the extent practicable, stormwater should be managed in a way that
facilitates aquifer recharge.
(b) To help prevent seawater from intruding landward into aquifers, all new development activity on Marrowstone Island and within one-quarter mile of any marine shoreline should be required to infiltrate all stormwater runoff on site, except if this would destabilize unstable
slopes. The administrator will consider requests for exceptions to this policy on a case-by-case
basis. The administrator may require a special report that indicates that infiltration of stormwater is unfeasible based on the hazards to slope stability complies with all the requirements of JCC 18.22.930, and demonstrates the project does not pose a threat of seawater intruding landward into aquifers, or other information (like the use of wells in the
areas, availability of public water systems, or proximity to marine waters) when making this
determination.
(6) On-site sewage disposal. All land uses identified in JCC 18.22.320 that are within areas classified as both a special aquifer recharge protection area and a susceptible aquifer recharge area
shall be reviewed by Jefferson County Environmental Public Health Department to ensure the nitrogen requirements in title 8 JCC are met.
(7) Golf courses and other turf cultivation.
(a) Golf courses shall be developed and operated in a manner consistent with the most current edition of “Best Management Practices for Golf Course Development and Operation,” King County Department of Development and Environmental Services.
(b) Recreational and institutional facilities (e.g., parks and schools) with extensive areas of
cultivated turf shall be operated in a manner consistent with portions of the aforementioned
best management practices pertaining to fertilizer and pesticide use, storage, and disposal. In seawater intrusion protection zones, golf courses and other turf cultivation using groundwater for irrigation shall be prohibited, unless the water source is located outside of seawater intrusion protection zones or in an approved public water supply.
(8) Above-ground and underground storage tanks.
(a) Above-ground and underground storage tanks shall be fabricated, constructed, installed, used and operated in a manner which prevents the release of hazardous substances to the ground or groundwater and is consistent with the Washington State Department of Ecology’s standards for construction and installation under chapter 173-360A WAC.
(b) Above-ground storage tanks intended to hold or store hazardous substances shall be
provided with an impervious containment system, enclosing and underlying the tank, and ensure other measures are undertaken as prescribed by the Uniform Fire Code which provide an equivalent measure of protection.
(c) Underground storage tanks intended to store hazardous substances shall provide an
impervious tertiary containment system underlying the tanks or ensure that other measures are
undertaken which provide an equivalent measure of protection.
(d) When required under this section, an impervious containment system shall be durable, compatible with the substance it is meant to contain, and large enough to contain a volume equal to 10 percent of all containers, or 110 percent of the largest single container, whichever
is greater.
(9) Mining and quarrying. For mining and quarrying, required performance standards with groundwater protection best management practices pertaining to operation, closure, and the operation of gravel screening, gravel crushing, cement concrete batch plants, and asphalt concrete batch plants, where allowed, are contained in chapters 18.20 and 18.30 JCC.
(10) Hazardous substances. Activities that generate, handle, store, or use hazardous substances,
which are not prohibited outright under this code, and which are conditionally exempt from regulation by the Washington State Department of Ecology under WAC 173-303-100 (Dangerous waste criteria), or which generate, handle, store or use hazardous substances, shall be required to prepare and submit a hazardous substances management plan that demonstrates that the
development shall not have an adverse impact on groundwater quality. The hazardous substances
management plan shall describe the following:
(a) How hazardous substance(s) shall be managed in a manner consistent with chapter 8.10 JCC and chapter 173-303 WAC;
(b) Screening of any waste suspected of being a regulated dangerous waste as defined in JCC
8.10.100;
(c) Requirements for labeling of containers holding hazardous substances with the name of the hazardous substance(s) and the applicable material safety data sheets; and
(d) The secondary containment system to be used to prevent releases of hazardous substances
to the ground, groundwater, and surface water.
The facility owner shall update the hazardous materials management plan annually and provide the updated plan to the department on or before the next January 1st, after the plan is updated.
(11) Well drilling, subdivisions, and building permits in SIPZ.
(a) Well drilling. The Washington State Department of Ecology regulates well drilling
pursuant to the Water Well Construction Act. Proposed wells, including those exempt from
permitting requirements, shall be sited at least 100 feet from “known or potential sources of contamination,” which include “sea-salt water intrusion areas” (WAC 173-160-171), unless a variance is obtained from the Washington State Department of Ecology per WAC 173-160-106.
(b) Subdivisions. Applications for division of land (chapter 18.35 JCC) in coastal, at risk, and
high risk SIPZ shall include specific and conclusive proof of adequate supplies of potable water and the applicant shall provide a special report that satisfies all the requirements or a hydrogeologic evaluation contained in JCC 18.22.930(2)(b) that demonstrates that the creation of new lots and corresponding use of water shall not cause degradation of the aquifer by
seawater intrusion. A hydrogeologic evaluation shall not be required when the applicant
demonstrates that public water is available for the entire project.
(c) Marrowstone Island. Due to documented seawater intrusion on Marrowstone Island and the existence of undeveloped lots of record, DCD, in consultation with the Jefferson County Environmental Public Health Department shall only allow land division on the island if public
water connections are provided to each lot of a proposed project and all existing wells within the project site are decommissioned. No permit shall be approved if a public water connection to each lot of a proposed project cannot be provided.
(d) Building Permits.
(i) Evidence of potable water may be an individual well, connection to a public water
system, or an alternative system. Whatever method is selected, the regulatory and
operational standards for that method shall be met and the department will work in consultation with the Jefferson County Public Health Department. Identification of well interference problems and impairment to senior rights is the responsibility of the Washington State Department of Ecology. If the possibility of a problem is suspected, the
local permitting authority should contact the Washington State Department of Ecology, as
required by RCW 19.27.097.
(ii) All types of building permits that require proof of potable water use, as per RCW 19.27.097, are subject to this article.
(e) All of the following voluntary and mandatory measures for mitigating seawater intrusion
apply to development are required within the coastal, at risk, and high risk SIPZ, and upon Marrowstone Island, in addition to all existing applicable health codes:
(i) Coastal SIPZ.
(A) Voluntary actions. Voluntary actions may include but are not limited to:
(I) Water conservation measures;
(II) Ongoing well monitoring for chloride concentration; and,
(III) Submittal of data to the DCD.
(B) Mandatory actions.
(I) For proof of potable water on a building permit application, applicant shall
utilize Washington State Department of Health-approved public water system if
available;
(II) If public water is unavailable, meaning the subject property is not within a current water service area, an individual well may be used as proof of potable water subject to all of the following requirements:
1. Chloride concentration of a laboratory-certified well water sample
submitted with building permit application; and,
2. Installation of source-totalizing meter (flow);
(III) If public water is unavailable, a qualifying alternative system may be used as proof of potable water.
(ii) At risk SIPZ.
(A) Voluntary actions.
(I) Water conservation measures.
(B) Mandatory actions.
(I) For proof of potable water on a building permit application, the applicant shall
utilize a Washington State Department of Health-approved public water system if available;
(II) If public water is unavailable, meaning the subject property is not within a current water service area, an individual well may be used as proof of potable water subject to all of the following requirements:
1. Chloride concentration of a laboratory-certified well water sample submitted with building permit application;
2. Installation of a source-totalizing meter (flow);
3. Ongoing well monitoring for chloride concentration; and
4. Submittal of flow and chloride data to the County per monitoring program.
(III) If public water is unavailable, a qualifying alternative system may be used as
proof of potable water.
(iii) High risk SIPZ.
(A) Mandatory actions.
(I) Water conservation measures;
(II) For proof of potable water on a building permit application, applicant shall
utilize a Washington State Department of Health-approved public water system
if available;
(III) If public water is unavailable, meaning the subject property is not within a current water service area, an individual well may only be used as proof of potable water subject to all of the following requirements:
1. Variance from the title 173 WAC standards granted by the Washington State
Department of Ecology per WAC 173-160-106 for a new groundwater well within 100 feet of a sea-salt water intrusion area per WAC 173-160-171 (i.e., within 100 feet of a groundwater source showing chloride concentrations above 200 mg/L or within 100 feet of the marine shoreline) and with the submittal of a hydrogeologic
evaluation that satisfies all the requirements or a hydrogeologic evaluation
contained in JCC 18.22.930(2)(b);
2. For an existing groundwater well not subject to a Washington State Department of Ecology variance, the applicant shall provide a hydrogeologic evaluation that satisfies all the requirements or a hydrogeologic evaluation contained in JCC
18.22.930(2)(b), which shall be transmitted to the Washington State Department of Ecology for review, demonstrating that use of the well does not cause any detrimental interference with existing water rights and is not detrimental to the public interest;
3. Chloride concentration of a laboratory-certified well water sample submitted
with building permit application;
4. If chloride concentration exceeds 250 mg/L in a water sample submitted for a building permit, then the property owner shall be required to record a restrictive covenant that indicates a chloride reading exceeded the U.S. Environmental
Protection Agency secondary standard (250 mg/L) under the National Secondary Drinking Water Regulations;
5. Installation of a source-totalizing meter flow;
6. Ongoing well monitoring for chloride concentration;
7. Submittal of flow and chloride data to the County per monitoring program; and
(IV) If public water is unavailable, a qualifying alternative system may be used as proof of potable water.
(iv) Marrowstone Island. Since Marrowstone Island is a sole source aquifer and a high
risk SIPZ, and the island is served by public water, proof of potable water connection to the public water supply will be required for all lots in the project.
(12) Mitigating conditions. The administrator may require additional mitigating conditions, as needed to provide protection to all critical aquifer recharge areas and to ensure that the subject
land or water use action will not pose a risk of significant adverse groundwater quality impacts.
The determination of significant adverse groundwater quality impacts will be based on the antidegradation policy included in chapter 173-200 WAC.
(13) Quilcene-snow water resource inventory area (WRIA 17) in-stream flow rule. All applications required to provide proof of potable water or source water approval shall meet all County and state
requirements, including WRIA 17 in-stream flow rule in chapter 173-517 WAC at the time of
application. All applications involving water use shall be reviewed by the Jefferson County Public Health Department for compliance with County and state requirements.
(14) Results of DCD’s review of a special report on a critical aquifer recharge area, a hydrogeologic evaluation or a hazardous substances management plan. The applicant shall submit
a critical aquifer recharge area report, a hydrogeologic evaluation or a hazardous substances management plan to be reviewed by the County and DCD shall either:
(a) Accept the special report on a critical aquifer recharge area, a hydrogeologic evaluation or a hazardous substances management plan and approve the application; or
(b) Reject the special report on a critical aquifer recharge area, a hydrogeologic evaluation or
a hazardous substances management plan and require revisions or additional information.
(15) Authority for denial. In all critical aquifer recharge areas, the administrator may deny approval if the protection standards contained in this section or added mitigating conditions cannot prevent significant adverse groundwater quality impacts.
Article IV. Frequently Flooded Areas
18.22.400 Purpose. The purpose of this article is to protect the public health, safety and welfare from harm caused by flooding and to establish protection standards for these areas. It is the intent of this article to prevent damage or loss to people, property, infrastructure, and federally-listed species and to ensure
compliance with Federal Emergency Management Agency (FEMA) requirements. [Ord. 5-20 § 2 (Appx. A)]
18.22.410 Classification and designation. Frequently flooded areas are lands in the floodplain subject to at least a one percent or greater chance of flooding in any given year, or within areas subject to flooding due to high groundwater. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and areas
where high groundwater forms ponds on the ground surface. Frequently flooded areas perform
important hydrologic functions and may present a risk to persons and property. Flood hazard areas are depicted on FEMA Flood Insurance Rate Maps (FIRMs). FIRMs display areas of concern including areas that fall within the 100-year floodplain designations of FEMA and the National Flood Insurance Program. [Ord. 5-20 § 2 (Appx. A)]
18.22.420 Applicability. This article applies to any development within frequently flooded areas, unless the proposed activity meets any of the exemptions listed in chapter 15.15 JCC. The flood damage prevention ordinance (chapter 15.15 JCC) conforms with the intent of the minimum guidelines (WAC 365-
190-110(1)) through directly considering the effects of flooding on human health and safety,
together with effects on public facilities and services, through its protection standards. For purposes of this article, “development” is defined as any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, storage of equipment or materials,
subdivision of land, removal of more than five percent of the native vegetation on the property, or
alteration of natural site characteristics. [Ord. 5-20 § 2 (Appx. A)]
18.22.430 Protection standards – Incorporation by reference of Chapter 15.15 JCC and additional requirements.
This chapter incorporates by reference the classification, designation and protection provisions
contained in the County flood damage prevention ordinance (chapter 15.15 JCC) with the
following additions:
(1) Compliance with FIRMs. The FIRMs identified in the flood damage prevention ordinance (chapter 15.15 JCC) shall be used to determine flood hazard areas for compliance with FEMA regulatory requirements. Such flood hazard areas shall be subject to the requirements of the flood
damage prevention ordinance (chapter 15.15 JCC).
(2) Compliance with national marine fisheries service biological opinion. Development proposed within regulated frequently flooded areas and floodplains shall ensure no impacts to federally listed fish and wildlife species and habitats as required by the National Marine Fisheries Service (NMFS) September 22, 2008, final Biological Opinion (BiOp) under the Endangered Species Act (ESA)
on the National Flood Insurance Program (NFIP) in Puget Sound (NMFS Tracking No.: 2006-00472 (or as amended by NMFS)).
(3) Habitat assessment requirements.
(a) A habitat assessment that meets all the requirements of JCC 18.22.940 shall be submitted to the department for review if any portion of the proposed project occurs within a special
flood hazard area (floodplain), as mapped by FEMA.
(b) The administrator may request federal assistance in reviewing the submitted habitat assessment.
(c) The administrator may waive the requirement to submit a habitat assessment only if:
(i) The entire proposal meets one of the exemptions listed in chapter 15.15 JCC;
(ii) The proposal requires a federal permit that is reviewed by federal agencies responsible
for ensuring compliance with the Endangered Species Act (this could include, but is not limited to, project actions covered by separate consultation under Section 4(d), 7, or 10 of the Endangered Species Act);
(iii) A habitat assessment previously has been prepared and the proposed project clearly
fits within the nature and scope of that habitat assessment; or
(iv) If FEMA approves an alternate process for the County to demonstrate compliance with the Biological Opinion (such as a programmatic review), this department may waive the requirement to submit a habitat assessment. [Ord. 5-20 § 2 (Appx. A)]