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BEFORE THE BOARD OF COUNTY COMMISSIONERS
IN AND FOR THE COUNTY OF JEFFERSON
STATE OF WASHINGTON
IN THE MATTER OF AN
ORDINANCE AMENDING
THE JEFFERSON COUNTY
COUNTY INTERIM CRITICAL
AREAS ORDINANCE BY
AMENDING SECTIONS
3, 7, 11 & 13
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FINDINGS
The Jefferson County Board of Commissioners enter the following findings:
1.
The Washington State Legislature adopted the Growth Management Act, Engrossed
Substitute House Bill 2929, now codified as Chapter 36.70A RCW, which, in part,
requires local governments to designate and regulate to protect critical areas.
2.
In accordance with RCW 36.70A050, the (then) Washington State Department of
Community Development established Minimum Guidelines to classify and designate critical
areas, codified as Chapter 365-190 WAc.
3.
On May 9, 1994, the Jefferson County Board of County Commissioners ("BOCC") adopted
ordinance No. 05-0509, The Jefferson County Interim Critical Areas Ordinance ("CAO")
pursuant to the requirements ofRCW 36.70A060.
4.
On July 29, 1994, the City of Port Townsend and Shine Community Action Council
("SCAC") filed appeals on provisions of the CAO to the Western Washington Growth
Management Hearings Board ("WWGJ\.1HB "). These appeals were subsequently consolidated
by the WWGMHB under Case No. 94-2-0012.
5.
In response, the County committed to amend the Interim CAO to allow a public process for
consideration of each issue set forth in the petitions filed by the City of Port Townsend and
SCAc.
6.
In order to accomplish this public process, the BOCC entered into
an agreement on October 24, 1994, with qualified ground water management consultants to
evaluate the issues raised in the appeal, those being, the critical aquifer recharge areas
("CARA") protection section(s) of the Interim CAO, including saltwater intrusion issues, and
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the County's critical aquifer recharge areas' maps.
The County, in conjunction with the consultants, held CARA public workshops from October
1994 through December 1994 to facilitate the public process and provide a framework
for the recommendation of amendments to draft CARA ordinance sections and maps.
As a result of these workshops, the consultants submitted the January 5, 1995, draft revisions
of sections 3, 7, 11 and 13 of the Interim CAD, together with revised CARA maps, to
the County on January 6, 1995.
Following review of the draft amendments to sections 3, 7, 11, & 13 of the CAO, and in order
to address concerns raised at the CARA public workshops, the BOCC directed staff to study
the impacts of this draft, to consider new information presented and to streamline the
proposed amendments.
10.
County staff, in cooperation with the appellants, completed and submitted to the BOCC
draft amendments on February 24, 1995. These amendments were then presented for review
to the CARA public work group at workshops held on March 1 st, and 14th,
1995. Copies were also submitted to the consultants for comments.
11.
Staff forwarded the February 24th draft amendments to the Planning Commission
for review and recommendations in March 1995, pursuant to Chapter 36.70.640 RCW.
The Planning Commission held a total of three public meetings in March and April 1995 to
review the staff draft, and presented their recommendations to the BOCC on May 8, 1995.
12.
The BOCC conducted public hearings on the February 24th draft, on April 18th (in
Chimacum) and April 19th (in Quilcene) 1995, in order to receive public testimony on the
proposal, and meet the procedural requirements of Chapter 36.70 RCW.
13.
On May 9, 1995, the BOCC held a public workshop with staff for the purpose of
reviewing public comments received, evaluating the modifications recommended by the
Planning Commission, staff, and the Prosecutors Office and determining the need for any final
reVISIons.
14.
The Prosecutors Office determined that the revisions to the draft ordinance proposed by the
BOCC were of sufficient substance to warrant additional public review. Acting in response
to this advice, the BOCC scheduled a public hearing for Monday, June 12, 1995.
15.
On May 24, 1995, the County received a letter from the City of Port Townsend requesting
that changes be made to subsections 7.301 and 7.502 of the proposed ordinance draft. The
requested amendments to the ordinance addressed the issues of density thresholds for
Vulnerable Area designation, the number of wells required to show chloride levels above
specified thresholds for susceptible or vulnerable area designation, and the application of on-
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site septic protection standards for Wellhead and Special Aquifer Recharge Areas currently
mapped as non-susceptible.
16.
On June 12, 1995, the BOCC conducted a public hearing on the final draft CAO amendments
for the purpose of receiving public testimony on the proposal, pursuant to the procedural
requirements of Chapter 36.70 RCW, .
17.
On June 13, 1995, the BOCC held a scheduled meeting for the purpose of considering
adoption of the draft ordinance. Also present at the meeting were representatives of the City
of Port Townsend who argued that their concerns identified in the May 24, 1995, letter be
fully addressed if the County wished to avoid further legal challenge.
18.
Acting in response to this request, the Jefferson County Prosecutor's Office offered to
negotiate with the City of Port Townsend and build their concerns into the draft ordinance
where such an action would enhance the effectiveness of the ordinance.
19.
Following preparatory analysis work, representatives of the City and County met on June 21,
1995 and discussed potential changes to the proposed ordinance that would properly address
the City's concerns.
Substantial agreement was reached at this meeting that on the basis of parcel size data
supplied by the County that subsections 7.301.2.h and 7.301.2.i of the proposed ordinance
need not be modified.
Revised language that addressed City concerns with subsection 7.502 of the proposed
ordinance was also reviewed and modifications suggested.
The provisions of subsections 7.301.3 and 7.301.4 of the proposed ordinance were also
revisited and possible modifications discussed.
On June 22, 1995, representatives of the City of Port Townsend hand delivered to County
staff proposed amendatory language for subsections 7.301.3.d, 7.301.4.d, 7.301.6d,
7.301.7, 7.502.1, and 7.502.2 ofthe proposed ordinance.
Following review of the proposed language, County staff determined that it reasonably
reflected the conclusions reached on June 21, 1995 and incorporated this language, with
limited modifications, into the draft ordinance.
A revised draft ordinance identified as the 'Final Review Draft: June 23, 1995' was produced
by the County and made publicly available on this date.
The adoption and implementation of the provisions of this ordinance to protect critical aquifer
recharge areas is considered highly desirable by the County as they promise to offer sufficient
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protection to groundwater sources such that the continued value of these resources will be
maintained for beneficial use by all residents in both the short and long term.
The designation and protection mechanisms provided by this ordinance represent the
culmination of an exhaustive and highly detailed public process that considered both the spirit
and intent of the requirements of the Growth Management Act.
The Board of Commissioners finds that adoption of this ordinance is necessary to bring the
County into conformance with the requirements and goals of the Growth Management Act,
as identified in RCW 36.70A, RCW 36.70A060, and RCW 36.70A020.
In addition to bringing the County into compliance with the applicable requirements of the
Act, adoption of this ordinance shall also have the beneficial effect of insuring the protection
of resources that are vital to the continued health of the population of Jefferson County and
it's continued ability to accommodate new development.
The Board intends that this ordinance shall apply to all property within the unincorporated
areas of Jefferson County, to the extent permitted by law.
These regulations allow for development to proceed in a manner consistent with the rights
of individuals to peacefully use and enjoy their property, while simultaneously regulating and
mitigating development that will have adverse impacts on property and the environment,
thereby benefitting all the residents of the County.
These regulations bear a substantial relationship to the public health, safety and welfare of
the County as a whole.
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SECTION 3: SCOPE
3.40 Exemptions
The following applications for building permits issued under the Jefferson County Building Code
Ordinance No. 1-0208-93, are exempt from the provisions of this ordinance:
7.10
7.20
7.30
7.40
7.50
Alterations
Woodstoves
Propane Storage Tanks for single family residences or mobile homes
Title Elimination's on existing mobile homes
SECTION 7: CRITICAL AQUIFER RECHARGE AREAS
Subsections:
Introduction
Purpose
C lassifi ca ti 0 nlDesigna ti 0 n
Applicability and Waivers
Protection Standards
7.10 Introduction
Aquifer recharge areas in Jefferson County are characterized by porous geologic formations that
allow percolation of surface water into the soils and the underlying zone of saturation. Aquifers are
geologic formations that contain sufficient saturated permeable material to yield significant quantities
of water to wells and springs. Aquifers serve as the source of drinking water within most of the rural
portions of Jefferson County.
This section provides protection measures for aquifers which are susceptible to contamination due
to physical (hydrologic) factors which enhance the vertical movement of contaminants and are
vulnerable to contamination, reflecting a combination of natural susceptibility and the presence of
contaminant sources or potential for contamination to occur.
7.20 Purpose
The purpose of the Critical Aquifer Recharge Area section is to:
1.
Protect the public health and safety by preventing the degradation of groundwater that is
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now, or which could be used in the future, as a source for drinking water;
2.
Prevent degradation of groundwater quality and quantity that would interfere with or
become injurious to beneficial uses;
3.
Prevent further degradation and, if possible, improve groundwater quality where
degradation is observed;
4.
Support effective management of the ground water resources of Jefferson County to
ensure adequate supplies of water for all beneficial uses;
5.
Implement development regulations which are consistent with goals of the Growth
Management Act (Chapter 36.70A RCW) and the critical areas provisions of that act;
6.
Maintain consistency with the Ground Water Quality Standards of the state of Washington
(Chapter 173-200 WAC) and the state's Antidegradation policy as enunciated in that
chapter;
7.
Facilitate implementation of the public water supply Wellhead Protection Program
developed in accordance with the requirements of the Washington State Board of Health
Drinking Water Regulations (Chapter 246-290 WAC).
7.30 Classification/Designation
7.301 Classification. Aquifer recharge areas are classified according to the degree of vulnerability
and the nature of contaminant risk. Critical Aquifer Recharge Areas are naturally susceptible and are
vulnerable due to the existence or the potential of contaminant sources that can lead to water quality
and/or quantity degradation. The following classifications define areas which are susceptible and
vulnerable to contamination £Tom overlying land uses, and areas which are susceptible and vulnerable
to seawater intrusion.
1.
Susceptible Aquifer Recharge Areas are those with geologic and hydrologic conditions that
promote rapid infiltration of recharge waters to groundwater aquifers. This includes any
portion of Jefferson County with a DRASTIC index of greater than or equal to 180 points
as determined using the US. Environmental Protection Agency DRASTIC methodology:
Drastic: A Standardized System for Evaluating Ground Water Pollution Using
Hydrogeologic Settings (EPA 600/23-87-035), For the purposes of this section, unless
otherwise determined per section 11.50, the following geologic units, as identified from
available State of Washington Department of Natural Resources geologic mapping, define
susceptible aquifer recharge areas for east Jefferson County:
a.
Alluvial fans (Ha),
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b. Artificial fill (Hx),
c. Beach sand & gravel (Hb),
d. Dune sand (Hd),
e. Flood plain alluvium (Hi),
f. Vashon recessional outwash in deltas and alluvial fans (Vrd),
g, Vashon recessional outwash in meltwater channels (V ro ),
h. Vashon ice contact stratified drift (Vi),
1. Vashon ablation till (Vat),
j. Vashon advance outwash (V ao ),
k. Whidbey formation (Pw), and
1. Pre- V ashon stratified drift (Py).
2.
Vulnerable Aquifer Recharge Areas are those areas meeting the requirements of Susceptible
Aquifer Recharge Areas and which are overlain by the following land use zones as identified
in the Jefferson County Zoning Code:
a.
b.
M-2: Heavy Industrial
M-l: Light Industrial
C-2: General Commercial
M-C: Light Industrial/Commercial
C-l: Neighborhood Commercial
G-l: General Use
i. requiring a Special Use or Conditional Use Permit or
ii. with nonconforming uses that would otherwise require a Special Use or
Conditional Use Permit
Unsewered Planned Unit Developments
U nsewered residential development in zones with gross densities greater than one
unit per 2.5 acres
Unsewered clustered residential development with gross densities greater than one
unit per 2.5 acres for the clustered portion of the development
c.
d.
e,
f.
g.
h.
1.
3.
Susceptible Seawater Intrusion Areas include those areas characterized by the following
criteria:
a.
A history of chloride analyses from wells demonstrating concentrations greater than
or equal to 50 mg/l;
b.
State certified laboratory tests trom test wells demonstrating cWoride concentrations
greater than or equal to 50 mg/l; and
c.
Located within a ground water basin where chloride concentrations are greater than
or equal to 50 mg/I.
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d.
A history of chloride analysis from a Group A or a Group B well demonstrating
concentrations greater than or equal to 50 mg/I.
4.
Vulnerable Seawater Intrusion Areas include those areas characterized by the following
criteria:
a.
A history of chloride analyses from wells demonstrating concentrations greater than
or equal to 100 mg/l;
b.
Located within a ground water basin where chloride concentrations are greater than
or equal to 100 mg/l; and
c.
Chloride concentrations between 50 and 100 mg/l, yet show a trend towards
increasing chloride levels; and
d.
A history of chloride analyses from a Group A or a Group B well demonstrating
concentrations greater than or equal to 100 mg/I.
5.
Where there are indications that chloride levels observed in ground water quality analyses
reflect connate water and are not related to or influenced by current coastal saltwater bodies,
such chloride levels shall not be used in determination of seawater intrusion critical aquifer
recharge area boundaries. The following criteria may be used to differentiate between connate
and non-connate chloride sources: one sample will be collected for laboratory analysis of
major cations and anions. At a minimum, the analysis will include the following constituents:
chloride, sulfate, total phosphate, nitrate + nitrite, total alkalinity, calcium, iron, magnesium,
potassium, silica, sodium, and bromide. Evaluating the proportions of these constituents in
ground water relative to sea water will determine whether the intrusion is a result of connote
or non-connote chloride sources.
6.
Special Aquifer Recharge Protection Areas include:
a.
Ground Water Management Areas designated by the Washington Department of
Ecology under authority of Chapter 173-100 WAC and Chapter 90.44 RCW.
b.
Sole Source Aquifers designated by the US. Environmental Protection Agency in
accordance with the Safe Drinking Water Act of 1974 (Public Law 93-523).
c.
Special Protection Areas designated by the Washington Department of Ecology
under Chapter 173-200 WAC.
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d.
Wellhead Protection Areas determined in accordance with delineation methodologies
specified by the Washington Department of Health under authority of Chapter 246-
290 WAC.
7.
The Jefferson County Environmental Health Division shall prepare an initial Susceptible
Seawater Intrusion Area delineation based on readily available existing data and develop a
methodology for determining whether a susceptible area should be designated a Vulnerable
Seawater Intrusion Area within six (6) months of adoption of this ordinance. The
methodology shall include, procedures and regulations to collect chloride concentrations,
specific conductance readings, well location and elevation for;
a.
All new wells constructed in Jefferson County, and
b.
Monitoring and statistical evaluation protocol for wells located within Susceptible
Seawater Intrusion Areas.
8.
The Division shall evaluate each of the initial Susceptible Areas, in accordance with the
above methodology, for designation as vulnerable areas within 18 months of the adoption of
this ordinance. When one Group A or Group B well alone has been used to delineate a
Seawater Intrusion Area, the extent of the area delineated will be that area served by the
subject well.
9.
The Division shall also develop a system for receiving and analyzing new data in order to
continually assess the condition of the aquifers and may charge fees consistent with the cost
of delivering the program.
7.302 Designation. Critical Aquifer Recharge Areas are defined as Vulnerable Aquifer Recharge
Areas, Vulnerable Seawater Intrusion Areas, and Special Aquifer Recharge Protection Areas and
shall be subject to the applicable requirements and standards of this section and ordinance. The most
stringent requirements or standards of all applicable areas shall be enforced.
Jefferson County shall prepare and exhibit a dated Critical Aquifer Recharge Area map which will
demonstrate the approximate distribution of the Vulnerable Aquifer Recharge Areas, Vulnerable
Seawater Intrusion Areas, and Special Aquifer Recharge Protection Areas. The Critical Aquifer
Recharge Area map shall be revised, modified, and updated at least annually to reflect additional
information.
7.40 Applicability and Waivers
7.401 Applicability. This section shall apply to new development or expansion of existing
development that is subject to requirements for one or more of the triggering permits and approvals
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listed under section 3 of the Jefferson County Interim Critical Areas Ordinance (no. 05-0509-94 or
any subsequent revision).
1.
The following land use activities are considered high impact land uses due to the probability
and/or potential magnitude of their adverse effects on groundwater and shall be prohibited
in all Vulnerable Aquifer Recharge Areas and Special Aquifer Protection Areas and shall
require a Critical Aquifer Recharge Report pursuant to section 11.50. in all other areas of
the county. These activities may only be allowed in other areas of the county if the report
determines that the area is not susceptible as defined in section 7.301 and upon obtaining
a waiver pursuant to Section 7.404:
a.
b.
c.
d.
Chemical manufacturing and reprocessing;
Creosote/asphalt manufacturing or treatment;
Electroplating and metal coating activities;
Hazardous waste treatment, storage, and disposal facilities;
Petroleum product refinement and reprocessing.
Underground storage tanks located within Wellhead Protection Areas.
High intensity recycling facilities as defined in the Jefferson County Zoning Code.
Solid waste landfills;
Waste piles as defined in Chapter 173-304 WAC;
Wood and wood products preserving;
Storage and primary electrical battery processing and reprocessing;
e.
f.
g.
h.
1.
J.
k.
2.
Proposed additions to this list shall be referred to the Critical Areas Administrator, who
shall refer their recommendations on to the Board of County Commissioners for their
review and action. Following procedures identified in Chapter 4 of this ordinance.
3.
All other land uses shall be subject to the protection standards contained in Section 7.50 and
mitigating conditions included with a Critical Aquifer Report or Seawater Intrusion Report,
where applicable.
7.404 Waivers. In detennining whether an exception is appropriate, the Administrator shall require
that the proposed land or water use will not create significant adverse groundwater quality or quantity
impacts. In making this determination, the Administrator may require that an applicant prepare a
Critical Aquifer Recharge Area Report (per section 11.502) or Seawater Intrusion Report (per
section 11.503). In granting waivers, the Administrator may require conditions of waiver approval,
including mitigation, as necessary to ensure that the subject land or water use action will not pose a
risk of adverse groundwater quality or quantity impacts. The determination of adverse groundwater
quality impacts shall be based on the Antidegradation policy included in Chapter 173-200 WAC,
7.405 Reasonable Use Variance. The applicant shall follow procedures and criteria as defined in
Section 12 for reasonable use variances.
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7.406 Conflicts With Other Sections. Where in conflict with other portions of this ordinance, the
provisions of this section, Section 7, and subsection 11.50 shall take precedence.
7.50 Protection Standards
7.501 General. The following protection standards shall apply to land use activities in Vulnerable
Aquifer Protection Areas and Special Aquifer Protection Areas unless mitigating conditions have been
identified in a Critical Aquifer Recharge Report that has been prepared pursuant section 11.502. For
land use activities in Vulnerable Seawater Intrusion Areas the protection standards to be developed
pursuant to section 7.510 shall apply unless mitigating conditions have been identified in a Seawater
Intrusion Report that has been prepared pursuant to section 11.503.
7.502 On-Site Sewage Disposal.
1.
All Vulnerable Aquifer Recharge Areas and Special Aquifer Recharge Protection Areas that
are also susceptible (as defined by subsection 7.301,1 of this ordinance), or which contain
Type I soils, shall be designated Areas of Special Concern pursuant to Chapter 246-272-
21501 WAc.
1.
Such designation shall identify minimum land area and best management practices
for nitrogen removal as design parameters necessary for the protection of public
health and ground water quality.
11.
Best Management Practices (BJ\1P's) shall be adopted according to procedures
specified in Section 4, subsection 4.10, Item #2 a and b of this ordinance and by
action of the Board of Health.
2.
Special Aquifer Recharge Protection Areas not designated as Areas of Special Concern under
the provisions of subsection 7.502.1 of this ordinance shall be designated as such by the
County upon review and approval of information submitted to the County. In the case of
Wellhead Protection Areas, such additional information will be that generated by the water
purveyor and provided to the County and the State Department of Health regarding final
designation of Wellhead Protection Areas, as required by Chapter 246-290 WAC. Any
additional Areas of Special Concern designated through this process shall receive the
protections identified in subsection 7.502.1 of this ordinance.
7,503 Golf Courses and Other Turf Cultivation. Golf courses shall be developed and operated in a
manner consistent with "Best Management Practices for Golf Course Development and Operation",
King County Environmental Division (now: Department of Development and Environmental
Services), January 1993. 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.
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7.504 Commercial Agriculture. Commercial agricultural activities, including landscaping operations
must be operated in accordance with best management practices for fertilizer, pesticide, and animal
waste management as developed by the Jefferson County Conservation District.
7.505 Underground Storage Tanks. Where not otherwise prohibited under this ordinance,
underground storage tank design, construction, installation, operation, and monitoring shall be
regulated by the Washington Department of Ecology in accordance with Chapter 90.76 RCW and
Chapter 173-360 WAC. The Jefferson County Fire Marshall shall ensure that heating oil and farm
fuel tanks of less than 1,100 gallons, which are currently exempt £fom regulation under the
Washington Department of Ecology program, serving new development or expansions or
replacements are installed, operated, and monitored in a manner that protects groundwater.
7.506 Above Ground Storage Tanks. Above ground tanks shall be fabricated, constructed, installed,
used and operated in a manner which prevents the release of a hazardous substances or dangerous
wastes to the ground or groundwater. Above ground storage tanks intended to hold or store
hazardous substances or dangerous wastes are provided with an impervious containment area,
equivalent to or greater than 100 percent of the tank volume, enclosing and underlying the tank, or
ensure that other measures are undertaken as prescribed by the Uniform Fire Code which provide an
equivalent measure of protection.
7.507 Stormwater Disposal. Stormwater runoff shall be controlled and treated in accordance with
best management practices and facility design standards as identified and defined in the Stormwater
Management Manual for the Puget Sound Basin.
7.508 Mining and Quanying. Within six months of the effective date of this ordinance, the Jefferson
County Development Review Division shall prepare mining and quarrying performance standards
containing 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.
7.509 Hazardous Materials. Land use activities that generate hazardous waste, which are not
prohibited outright under this ordinance, and which are conditionally exempt £fom regulation by the
Washington Department of Ecology under WAC 173 - 303 -1 00, or which use, store, or handle
hazardous substances, shall be required to prepare and submit a hazardous materials management
plan. The hazardous materials management plan will remain on file with the Jefferson County Public
Works Department and be updated annually by the facility owner. The hazardous materials
management plan must demonstrate that the development will not have an adverse impact on
groundwater quality. Within twelve (12) months of the effective date of this ordinance, the Jefferson
County Public Works Department and Environment Health Division shall develop and implement a
process for conducting and funding monitoring and enforcement related to hazardous substances and
hazardous waste use, storage, handling and disposal.
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7.510 Seawater Intrusion. Within six months of the adoption of this ordinance the Jefferson County
Environmental Health Division shall develop best management practices for application within
Vulnerable Seawater Intrusion Areas. The recommendations identified in the "Washington State DOE
- Geology, Water Resources, and Seawater Intrusion Assessment of Marrowstone Island,
Jefferson County, Washington (Water Supply Bulletin Noo 59)" shall be used as guidelines for
developing Best Management Practices (EMP's). BMP's shall be adopted per procedures as specified
in Section 4, subsection 4.10, item # 2, a & b of this ordinance.
7.511 Mitigating Conditions. The Administrator may require additional mitigating conditions, as
needed, to provide protection to Vulnerable Aquifer Recharge Areas 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.
7,512 Authority for Denial. The Administrator may deny approval if the protection standards
contained herein or added mitigating conditions cannot prevent significant adverse groundwater
quality impacts.
SECTION 11 - REPORTS
11.50 Critical Aquifer Recharge Area Reports
11.501 General. Critical Aquifer Recharge Area reports and Seawater Intrusion reports serve as the
primary means for Jefferson County to verify the accuracy of its Critical Aquifer Recharge Area map
and to determine specific aquifer protection measures to be applied to prevent significant adverse
groundwater quality impacts.
11.502 Critical Aquifer Recharge Report Content. An initial evaluation shall be made by a qualified
groundwater scientist/engineer which shall include an analysis of the DRASTIC rating for the site to
determine whether the rating is above or below the threshold DRASTIC index of 180, The
DRASTIC analysis must be conducted for an area of at least 100 acres; if the project sit~ is less than
100 acres, the area surrounding the site up to the 100 acre minimum shall be included in the analysis.
Should the initial evaluation demonstrate to the satisfaction ofthe Administrator that the DRASTIC
index is less than 180 and that no groundwater quality degradation will occur as defined under
Chapter 173-200 WAC, the proposed land use shall not be subject to the requirements of this section.
Should the initial evaluation confirm that the DRASTIC index for the area of the proposal is 180 or
greater and/or that the proposal is likely to result in deterioration of groundwater quality, a complete
critical aquifer recharge area report must be prepared and submitted to the Administrator.
In addition to the DRASTIC index evaluation, critical aquifer recharge area reports shall include:
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A detailed description of the project including all processes and other activities which have
the potential for contaminating groundwater;
2.
A hydrogeologic evaluation which includes at a minimum:
a.
b.
A description of the hydrogeologic setting of the aquifer region,
Site location, topography, drainage, and surface water bodies,
Soils and geologic units underlying the site,
Ground water characteristics of the area, including flow direction, gradient, and
existing groundwater quality,
The location and characteristics of wells and springs within 1,000 feet of the site,
An evaluation of existing on-site groundwater recharge, and
A discussion and evaluation of the potential impact of the proposal upon
groundwater recharge;
c.
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3.
A contaminant transport analysis for the uppermost groundwater supply aquifer assuming
an accidental spill or release of project specific contaminants or on-site sewage discharge,
or both if applicable;
4.
For proposals within Vulnerable Aquifer Recharge Areas and Special Aquifer Protection
Areas, an evaluation and discussion of the potential impact of the proposal on groundwater
quality, both short- and long-term, based on an assessment of the cumulative impacts of
the proposal in combination with existing and potential future land use activities, including
analysis of impacts at full build-out based upon current zoning and those lots of record in
existence at time of submittal of the triggering application;
5.
A discussion and evaluation that details available on-site spill response and containment
equipment, employee spill response training, and emergency service coordination measures;
6.
Proposed best management practices to minimize exposure of permeable surfaces to
potential pollutants and to prevent degradation of groundwater quality; and
7.
Requirements for a monitoring program with financial guarantees/assurances that the
monitoring program will be implemented.
11.503 Seawater Intrusion Report Content. A Seawater Intrusion Report shall be required
prior to designation and delineation of a Vulnerable Seawater Intrusion Area. The Seawater Intrusion
Report shall be the principal means by which potential impacts of seawater intrusion on a particular
well shall be evaluated within areas vulnerable to seawater intrusion. Analysis of the report will
indicate whether the proposed usage will result in seawater intrusion or further seawater intrusion.
The report shall determine the potential for seawater intrusion into the proposed or existing
production well and into any seaward or other nearby wells. In addition, it will evaluate the effect of
the proposed or existing ground water withdrawal on existing ground and surface waters, including
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the potential effect on local wetlands, springs, lakes or streams. An individual with the qualifications
specified in 11.505 shall prepare the Seawater Intrusion Report. Where applicable, the requirements
identified in 7.510 may be waived by the Administrator.
The Jefferson County Environment Health Division shall coordinate with the Washington Department
of Ecology to ensure that the Seawater Intrusion Report requirements and content described above
are not in conflict with the Department of Ecology's water right permit procedures, Additionally, the
Environmental Health Division shall coordinate with the Washington Department of Health=to
determine requirements for preparation of Seawater Intrusion Reports by public water systems., into
the water system planning requirements of Chapter 246-290 WAC, the state Board of Health
Drinking Water Regulations.
11.504 Professional Qualifications. The minimum qualifications for groundwater scientists and
engineers performing groundwater and contaminant transport evaluations and preparing critical
aquifer recharge area and seawater intrusion reports shall be established pursuant to acceptable
industry standards for training and experience and as established by the State of Washington in the
Washington Administrative Code or by statute.
11.505 County Review. Reports shall be submitted to the Administrator. Reports shall be forwarded
to the Jefferson County Environmental Health Division for technical review. The Environmental
Health Division shall review the reports within thirty days of receipt to determine their adequacy. The
Environmental Health Division may request additional infonnation in order to determine the adequacy
of the reports. The Administrator shall determine appropriate conditions as identified in the report
to mitigate proposed land uses. The Administrator shall be authorized to collect fees necessary to
recover costs associated with processing and review of critical aquifer recharge area reports and
seawater intrusion reports, implementation of the protection standards contained within subsection
7.50 of this ordinance, and administration of the general provisions of the critical aquifer recharge
area provisions of this ordinance. Such fees will be incorporated into Appendix A of the Jefferson
County Interim Critical Areas Ordinance.
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SECTION 13: LEGAL PROVISIONS
Subsections:
13. 10 Violations
13.20 Remedies
13 .30 Severability
13.40 Effective Date
13,50 Adoption
13 .20 Remedies
5.
In addition to the remedies described above, the Administrator shall have the authority to
issue civil penalties or administrative fines in an amount up to $500 a day for each violation,
to issue stop work orders enforceable by the Building Inspector upon discovery of violations,
and to withdraw other permits issued by Jefferson County for such projects until violations
are corrected. Each and every such violation shall be considered a separate and distinct
offense, and in the case of a continuing violation, every days continuance shall be and be
deemed a separate and distinct violation. Every act of commission or omission which
procures, aids, or abets in the violation shall be considered a violation under the provisions
of this subsection and subject to the penalty herein provided for. The penalty amount shall
be set in consideration of the previous history ofthe violator and the severity of the violator's
impact on public health or critical areas, in addition to other relevant factors.
13.30 Severability
If any section. subsection. or other oortion of this ordinance is for any reason held invalid or
unconstitutional bv any court of comoetent jurisdiction. such section. subsection or oortion
shall be deemed a seoarate oortion of this ordinance and such holding shall not affect the
validity of the remainimr oortions of this ordinance.
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31 avid Skeen, Jefferson Cou ty
32 Prosecuting Attorney
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13.40 Effective Date
This ordinance shall become effective on the 26th day of June, 1995
13.50 Adoption
Adopted by the Jefferson County Board of Commissioners this 26th day of June, 1995.
BOARD OF COMMISSIONERS OF
JEFFERSON COUNTY, WASHINGTON
ATTEST:
DYED AS TO FORM
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STATE OF WASHINGTON
County of Jefferson
ADMINISTRATIVE RULES Implementing
the Jefferson County Interim Critical Areas
Ordinance No. 14-0626-95.
NOW, by action of the Critical Areas Administrator following the procedures outlined in
Ordinance No. 14-0626-95 that the following Best Management Practices are adopted for Onsite
Sewage.
I.
The contaminants of concern, bacteria and nitrogen, are not fully treated (removed) from
wastewater in Type 1A and 2A soils (excessively coarse) with conventional gravity fed
onsite sewage systems. To more adequately protect the groundwater in these areas from
contamination by these elements this ordinance has been developed utilizing a combination
of treatment systems and land use density parameters.
II.
Where land use densities are such that adequate aquifer protection is not insured according
to residential densities defined in Section 7.302 of the Critical Aquifer Recharge Areas
Ordinance, Best Management Practices for onsite sewage shall apply to new development,
or expansion (as defined in WAC 246-272-01001) of existing development when an onsite
sewage disposal system is installed. Best Management Practices shall be required for
Vulnerable Aquifer Recharge Areas as defined in Section 7.302 of the Critical Areas
Ordinance, and Susceptible aquifer recharge areas that are also Special Aquifer Recharge
Protection Areas as defined in Section 7.306 ofthe Critical Areas Ordinance.
A. Tables 1 and 2 (attached) shall be used to determine the type of onsite sewage disposal
system required and the minimum lot size in different soil types where greater than or
equal to three feet of vertical separation exists to a water table or other restrictive soil
horizon. Tables 3 and 4 (attached) shall be used to determine the type of onsite sewage
disposal system required and the minimum lot size in different soil type whðre greater
than or equal to two feet and less than three feet of vertical separation exists. Lot size
requirements are taken from the Washington State Onsite Sewage Code 246-272 Table
VII. Soil Textural Classifications and minimum standards for Methods of Effluent
Distribution for Soil Types and Depths are taken from WAC 246-272 Tables II and VI
respectively.
B. When lots sizes do not meet the area requirements specified in Tables 1 through 4, and
lot consolidation is impracticable, an approved compo sting toilet and greywater
treatment system may be permitted. Permits for composting toilets shall include a
condition requiring further treatment of toilet waste at the Port Townsend composting
facility or other approved site. Onsite use or disposal of the toilet-generated compost
shall not be allowed.
C. BMPs shall be updated as new technologies are reviewed and approved by Jefferson
County Environmental Health and/or Washington State Department of Health. Criteria
for review of new or existing systems will include, but not be limited to adequate
laboratory evidence provided by the system proprietor of a minimum of 50% total
nitrogen reduction prior to final disposal. Currently, acceptable BMPs include:
1. Intennittent sand filter followed by a shallow pressure distribution system (also
meets Treatment Standard 2)
2. Recirculating gravel filter
3. Compo sting and Incinerating toilets -- if these are used, greywater from the facility
shall be treated by the method nonnally required by the site and soil conditions
required under WAC 246-272. For example: Type lA soils require Treatment
Standard 2 under WAC 246-272. Only compo sting or incinerating toilets listed as
approved proprietary devices by the Washington Department of Health may be
pennitted.
D. Systems that meet Treatment Standard 2 are listed and approved by the Washington
State Department of Health and are available in the Guidelines for the Application of
Treatment Standards 1 and 2. Only those systems that meet Treatment Standard 2 and
are listed as Nitrogen Reduction BMPs (in subsection C, above) meet the standard for
Critical Areas Aquifer Recharge requirements in Type IA soils.
E. Where a question/disagreement regarding the soil texture exists the following procedure
shall be used:
1. Sample will be taken in the presence of Jefferson County Health Department staff.
2. Chain of custody protocol shall be followed.
3. Lab reports shall be sent to Jefferson County Environmental Health Division and
the applicant, or applicant's representative, for review.
III. Appeals: Conditions imposed or decisions made in accordance with this policy may be
appealed in accordance with the provisions outlined in Sections 5.404 of the Jefferson
County Critical Areas Ordinance (No. 05-0509-94), and subsequent amendments.
dsi edthis~dayof fJov
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COC~\i\~4 C{
Table 1
ONSITE SEWAGE SYSTEM REQUIREMENTS FOR SITES USING PUBLIC WATER SOURCES AND HAVING 3 FT VERTICAL
SEPARATION IN VULNERABLE AND SPECIAL AQUIFER RECHARGE PROTECTION AREAS MAPPED AS SUSCEPTIBLE AQUIFER
RECHARGE AREASl .
Note: "NO3 BMP" refers to the nitrogen reduction best management practices listed in Section II, subsection C.
Minimum Lot
Size2
>2.5ac
22,000 sq. ft.
0.5ac
(21,780
sq. ft.)
20,000 sq. ft.
18,000 sq. ft.
15,000 sq. ft.
12,500 sq. ft.
1A
1B
Treatment
Standard 2
Treatment
Standard 2 that is
also listed as NO3
BMP
Treatment
Standard 2 that is
also listed as NO3
BMP
Conventional
Gravity
NO3BMP
NO3BMP
2A
2B
Soil Type (as derIDed in Table II ofW AC 246-272)
3
4
5
6
Conventional Conventional Conventional Conventional Conventional
Gravi Gravi Gravi Gravi Gravi
NO3BMP Shallow Pressure Shallow Pressure Shallow Pressure Shallow Pressure
Distribution Distribution Distribution Distribution
NO3BMP I Shallow Pressure Shallow Pressure Shallow Pressure
Distribution Distribution Distribution
Pressure
Distribution
NO3BMP
NO3BMP
NO3BMP
NO3BMP
NO3BMP
NO3BMP
NO3BMP
NO3BMP
NO3BMP
NO3BMP
1 As defmed in §7.30, Critical Aquifer Recharge Ordinance, No. 14,0626-94.
2 Per unit volume of sewage (450 gallons per day), WAC 246,272-01001
Table 2
ONSITE SEWAGE SYSTEM REQUIREMENTS FOR SITES USING AN INDIVIDUAL WELL OR NON-PUBLIC WATER
SUPPLY WITH 3 ft VERTICAL SEPARATION IN VULNERABLE AND SPECIAL AQUIFER RECHARGE AREAS MAPPED AS
SUSCEPTIBLE AQUIFER RECHARGE AREAS3
Note: "NO3 BMP" refers to the nitrogen reduction best management practices listed in Section II, subsection C.
Minimum Lot
Size4
>2.5ac
2ac
lac
22,000 sq.f't.
20,000 sq.f't.
18,000 sq. ft.
12,500 sq.f't.
lA
Treatment
Standard 2
Treatment
Standard 2 that is
also listed as
NO3BMP
Treatment
Standard 2 that is
also listed as
NO3BMP
Soil Type (as defined in Table II ofW AC 246-272)
1B 2A 2B 3 4 5 6
Conventional Pressure Conventional Conventional Conventional Conventional Conventional
Gravity Distribution Gravity Gravity Gravity Gravity Gravi
NO3BMP NO3BMP NO3BMP Shallow Pressure Shallow Pressure Shallow Pressure Shallow Pressure
Distribution Distribution Distribution Distribution
NO3BMP NO3BMP NO3BMP Shallow Pressure Shallow Pressure
Distribution Distribution
3 As derIDed ill §7.30, Critical Aquifer Recharge Ordillance, No. 14,0626-94.
4 Per unit volume of sewage (450 gallons per day), WAC 246-272,01001
Table 3
ONSITE SEWAGE SYSTEM REQUIREMENTS FOR SITES USING PUBLIC WATER SOURCES AND HAVING 2 FEET BUT < 3
FEET OF VERTICAL SEPARATION, FOR DEVELOPMENT IN VULNERABLE AND SPECIAL AQUIFER RECHARGE AREAS MAPPED
AS SUSCEPTIBLE AQUIFER RECHARGE AREAS5.
Note: "NO3 BMP" refers to the nitrogen reduction best management practices listed in Section II, subsection C.
Minimum Lot
Size6
>2.5ac
22,000 sq. ft.
0.5ac
(21,780 sq.
ft,)
20,000 sq. ft.
18,000 sq ft
15,000 sq. ft.
12,500 sq ft
Soil Type (as defined in Table II ofW AC 246-272)
lB 2A 2B 3 4 5 6
Pressure Pressure Pressure Pressure Pressure Pressure Pressure
Distribution Distribution Distribution Distribution Distribution Distribution Distribution
NO3 BMP NO3 BMP NO3 BMP Shallow Pressure Shallow Pressure Shallow Pressure Shallow Pressure
Distribution Distribution Distribution Distribution
NO3 BMP I NO3BMP I NO3BMP I Shallow Pressure Shallow Pressure Shallow Pressure
Distribution Distribution Distribution
NO3BMP I NO3BMP I Shallow Pressure Shallow Pressure
Distribution Distribution
NO3BMP I NO3BMP I Shallow Pressure Shallow Pressure
Distribution Distribution
NO3BMP I NO3 BMP I Shallow Pressure
Distribution
I I
NO3BMP NO3BMP
lA
Treatment
Standard 2
Treatment
Standard 2 that is
also listed as
NO3BMP
Treatment
Standard 2 that is
also listed as
NO3BMP
5 As deemed in §7.30, Critical Aquifer Recharge Ordinance, No. 14-0626-94,
6 Per unit volume of sewage (450 gallons per day), WAC 246-272-01001
Table 4
ONSITE SEWAGE SYSTEM REQUIREMENTS FOR SITES USING AN INDIVIDUAL WELL OR NON-PUBLIC WATER
SUPPLY AND HAVING 2 FEET BUT < 3 FEET OF VERTICAL SEPARATION IN VULNERABLE AND SPECIAL AQUIFER
RECHARGE AREAS MAPPED AS SUSCEPTIBLE AQUIFER RECHARGE AREAS?
Note: "NO3 BMP" refers to the nitrogen reduction best management practices listed in Section II, subsection C.
Minimum Lot
Size8
>2.5ac
2ac
lac
22,000 sq. ft.
20,000 sq.ft.
18,000 sq. ft.
15,000 sq.ft.
12,500 sq. ft.
lA
Treatment
Standard 2
Treatment
Standard 2 that is
also listed as
NO3BMP
Treatment
Standard 2 that is
also listed as
NO3BMP
Soil Type (as derIDed in Table II ofW AC 246-272)
lB 2A 2B 3 4 I 5 I 6
Pressure Pressure Pressure Pressure Pressure Pressure Pressure
Distribution Distribution Distribution Distribution Distribution Distribution Distribution
NO3BMP NO3BMP NO3BMP Shallow Pressure Shallow Pressure Shallow Pressure Shallow Pressure
Distribution Distribution Distribution Distribution
NO3 BMP NO3BMP NO3BMP Shallow Pressure Shallow Pressure
Distribution Distribution
7 As defmed in §7.30, Critical Aquifer Recharge Ordinance, No. 14-0626,94.
8 Per unit volume of sewage (450 gallons per day), WAC 246,272,01001
.,
L&ð
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STATE OF WASHINGTON
County of Jefferson
[R1~(Ç~~W~~)
APR 2 e 199q--
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
IN THE MATTER OF ADMINISTRATIVE RULES
Implementing The Jefferson County Interim Critical Areas
Ordinance No. 14-0626-95.
WHEREAS, Jefferson County adopted Ordinance No. 05-0509-94, the Jefferson County
Interim Critical Areas Ordinance, as amended June 26, 1995 and
WHEREAS, Section 7.508 requires the Development Review Division to prepare mining
and quarrying perfonnance standards containing groundwater best management practices
pertaining to the operation, closure, and the operation of gravel screening, gravel
crushing, cement concrete batch plants, and asphalt concrete batch plants;
FINDINGS
The Jefferson County Critical Areas Ordinance Administrator enter the following
findings:
(1) The adoption and implementation of the provisions of these administrative rules to
protect critical aquifer recharge areas is considered highly desirable by the County as
they promise to provide sufficient protection to ground water sources such that the
continued value of these resources will be maintained for the short and long-tenn
benefit of all residents.
(2) The Critical Areas Administrator finds that the adoption of these perfonnance
standards and best management practices is necessary to bring the County into
confonnance with the requirements of Section 7.508 of ordinance number 14,0626-
95.
(3) In addition to bringing the County into compliance with the applicable requirements
of the ordinance, adoption of these perfonnance standards and best management
practices shall also have the beneficial effect of assuring the protection of resources
that are vital to the continued health of the population of Jefferson County and it's
continued ability to accommodate new mineral resource based development.
NOW, THEREFORE, BE IT RESOLVED, by action of the Critical Areas Administrator,
as per the directive of Section 7.508 of Ordinance No. 14-0626-95, that the following
perfonnance standards and Best Management Practices are adopted for mining, quarrying
and asphalt/concrete batch operations.
Jefferson County Mining & Quarrying Performance Standards/Best Management Practices
Page 1 of 12
1. Mining, Quarrying, cement concrete batch plants, and asphalt concrete batch plants
located within a designated Critical Aquifer Recharge Area shall, prior to approval
and operation, submit a Site Evaluation Report to Jefferson County for review and
approval. Prior to preparation of a Site Evaluation Report, the applicant shall prepare
and submit a Scope of Work for the report to Jefferson County for review and
approval.
2. At a minimum, the Site Evaluation Report shall contain the following elements: (a)
Penneability of the unsaturated zone, (b) Location of nearby sensitive areas (wellhead
protection areas, special protection areas, etc.), (c) Ground water depths and flow
direction, (d) Location, construction, and use of existing wells within 1/4 mile of the
subject site, (e) Site map at 1 inch to 2000 feet scale, (f) Activity Characterization, (g)
proposed Best Management Practices, and (h) A Contingency Plan. In addition, the
following detailed infonnation about the hydrogeologic characteristics of the site and
a prediction of the behavior of a contaminant may be required. (i) Background water
quality complied over at least a one year period, (ii) Contaminant transport modeling
based on potential releases to ground water, (iii) Modeling of ground water
withdrawal effects, (iv) Geologic and hydrogeologic characteristics including, but not
limited to, surface water on site and within the subbasin or watershed that may have
interactions with groundwater or surface contaminants, and (v) Ground water
monitoring plan provisions.
3. Gravel Mining and Rock Quarrying operations located within a designated Critical
Aquifer Recharge Area shall, prior to approval and operation, obtain a National
Pollutant Discharge Elimination System and State Waste Discharge General Pennit
(NPDES) for process water, stonn water, and mine dewatering water discharges from
the Washington State Department of Ecology, Water Quality Program.
4. Cement concrete batch plants, and asphalt concrete batch plants located within a
designated Critical Aquifer Recharge Area shall, prior to approval and operation,
obtain a National Pollutant Discharge Elimination System and State Waste Discharge
Individual Pennit from the Washington State Department of Ecology, Water Quality
Program.
5. Mining, Quarrying, cement concrete batch plants, and asphalt concrete batch plants
located within a designated Critical Aquifer Recharge Area shall demonstrate that the
proposed activities shall not cause degradation ofthe groundwater quality below the
standards described in Chapter 173-200 WAC (Water Quality Standards for Ground
Waters of the State of Washington).
6. Implement Best Management Practices (BMPs) pursuant to exhibit A implement the
Washington State Department of Ecology's Stonn Water, Water Quality, Hazardous
Waste, Wetland, and Solid Waste Program BMPs and relevant BMPs from the
Departments of Health, Agriculture, Transportation, and State Conservation District
Office. Assistance in identifying Washington State Department of Ecology's BMPs is
available in exhibit C, or
Jefferson County Mining & Quarrying Performance Standards/Best Management Practices
Page 2 of 12
7. Demonstrate through a Best Management Practices Report pursuant to exhibit B, how
they will integrate other necessary and appropriate mitigating measures in the design,
installation, and management of the proposed facility or use.
8. Provide a written agreement to the County providing that all employees at mining,
quarrying, cement concrete batch plant, or an asphalt concrete batch plant site will be
notified that the operation lies above an aquifer recharge area and providing annual
training regarding all measures set forth by the BMPs established in 6 or 7 above.
9. Mining, Quarrying, cement concrete batch plants, and asphalt concrete batch plants
located within a designated Critical Aquifer Recharge Area shall at all times comply
with Olympic Air Pollution Control Authority pennit requirements.
10. Mining, Quarrying, cement concrete batch plant, and asphalt concrete batch plant
operations located within a designated Critical Aquifer Recharge Area shall engage a
third-party, selection of which is approved in advance by the County, to monitor
compliance with regulations and conditions pertaining to their NPDES/State Waste
Discharge Pennit. Reports shall be prepared and distributed as required in the
NPDES/State pennit with copies to the County each month unless the pennit requires
quarterly reporting, in which case copies will be provided to the County quarterly.
11. Mining, Quarrying, cement concrete batch plant, and asphalt concrete batch plant
operations located within a designated Critical Aquifer Recharge Area shall submit an
annual report to the County evaluating implementation ofthe Department of Natural
Resources approved reclamation plan. A qualified, independent consultant approved
by the County shall prepare the report. The report shall identify how restoration of the
site compares to the approved reclamation plan and whether any corrective action is
contemplated by the applicant or required by the Department of Natural Resources.
.
EXHIBIT A. BEST MANAGEMENT PRACTICES
Concrete and Asphalt Production at Stationary Sites
This activity applies to any activity that mixes raw materials on-site to produce concrete
or asphalt. It also applies to subsequent activities such as pouring concrete structures,
and making other concrete and asphalt products. Mishandling of raw materials on
concrete production can introduce suspended solids and heavy metals to stormwater
runoff and cause pH increases in receiving waters. In addition, storm water pollution can
result from washing of waste concrete from trucks, forms, wheelbarrows, buckets, and
other equipment in the work area, The loose chunks of aggregate resulting from washing
of equipment can easily reach storm drains, either in the wash water itself or in storm
water runoff. Asphalt emulsion and chunks of aggregate can easily wash off of equipment
used in mixing and production in much the same way as concrete. Mobile concrete
pouring and asphalt application are covered under a separate activity in these
administrative rules. Concrete production at mining sites is also covered by this activity.
Jefferson County Mining & Quarrying Performance Standards/Best Management Practices
Page 3 of 12
Minimum Requirements
The following BMPs, or equivalent measures, methods, or practices, are required if
you are engaged in concrete and asphalt mixing and production:
(1)
Discharge all process water from production, pouring, and equipment cleaning
activities to a sump, process water treatment or recycling system, or sanitary
sewer system,
(2)
Contain the production and pouring area to prevent stonnwater from entering the
area and carrying pollutants away.
(3)
Routine maintenance
.
Sweep the production and pouring areas weekly, if it is paved, to collect loose
chunks of aggregate and raw material particles for recycling or proper
disposal, do not hose down the area to a stonn drain.
Additional BMPs
The following BMPs are not required but they can provide improved pollution
control:
(1)
(2)
(3)
Use an oil control device in the catch basins to treat stonnwater runoff.
Cover the production area with provisions for prevention of stonnwater run-on.
Pave the mixing, production and/or pouring area(s) with a slope to a central
collection area. For concrete production and pouring activities, a sump drain
should not be provided because it would be quickly clogged with hardened
concrete. It may not be wise to segregate the mixing and pouring area from the
curing area because waste water £Tom curing applications could be collected by a
drain. By sloping the pavement to a central location, loose chunks of concrete or
asphalt aggregate can be collected more easily and recycled or disposed of
properly.
Stora~e of Liquid Materials in Stationary Tanks
This section applies to any activity that stores any type of liquid chemicals, waste oils,
solvents, or petroleum products in above ground storage tanks. Leaking tanks on these
sites can contribute toxic compounds, oils and greases, heavy metals, abnormal pH, and
nutrients to stormwater runoff. In addition, spills may occur during liquid transfer
operations to and from the tanks.
This activity does not apply to underground storage tanks or to businesses permitted by
the Washington State Department of Ecology to treat, store, or dispose of dangerous
wastes. Storage of reactive, combustible, or flammable liquids must comply with the fire
code requirements and may need to comply with the Washington State Department of
Ecology regulations.
Jefferson County Mining & Quarrying Performance Standards/Best Management Practices
Page 4 of 12
Minimum Requirements
The following BMPs, or equivalent measures, methods or practices are required if
you are engaged in storage of liquid materials in stationary tanks:
(1)
Store and contain liquid materials in such a manner that if the tank is ruptured, the
contents will not discharge, flow or be washed into the storm drainage system,
surface waters, or groundwater.
OR
If the liquid is oil, gas, or other material that separates from and floats on water,
install a spill control device (such as a tee section) in the catch basins that collect
runoff from the storage tank area.
(2)
Routine maintenance:
.
Place drip pans or absorbent materials beneath all mounted taps, and at all
potential drip and spill locations during filling and unloading of tanks. Any
collected liquids or soiled absorbent materials must be reused/recycled or
properly disposed.
Store and maintain appropriate spill cleanup materials in a location known to
all near the tank storage area; and ensure that employees are familiar with the
site's spill control plan and/or proper spill cleanup procedures.
Sweep and clean the storage area monthly if it is paved, do not hose down the
area to a storm drain.
Check tanks (and any containment sumps) daily for leaks and spills. Replace
tanks that are leaking, corroded, or otherwise deteriorating with tanks in good
condition. Collect all spilled liquids and properly dispose of them.
.
.
.
Storaee of Any Liquid Material in Portable Containers
This section applies to any activity that stores any type of liquid chemicals, waste
oils, solvents or petroleum products in portable containers (such as drums). This
activity covers permanent storage as well as temporary storage areas at
temporary sites. Spills and drips of these liquids, or overtopping of storage
containers, can contribute toxic compounds, oils and greases, heavy metals,
abnormal pH, and nutrients to stormwater runoff.
This section does not apply to businesses that are permitted by the Washington
State Department of Ecology to treat, store, or dispose of dangerous wastes.
Storage of reactive, combustible, or flammable liquids must comply with
Washington State Department of Ecology regulations.
Minimum Requirements
Jefferson County Mining & Quarrying Perfonnance Standards/Best Management Practices
Page 5 of 12
(3)
(4)
(5)
The following BMPs, or equivalent measures, methods or practices are required for
activities where storage of liquid materials is in portable containers:
(1)
Place tight-fitting lids on all containers.
(2)
Enclose or cover the containers where they are stored. The local fire district must
be consulted for limitations on clearance of roof covers over containers used to
store flammable materials.
Raise the containers off the ground by use of pallet or similar method, with
provisions for spill control.
OR
Contain the material in such a manner that if the container leaks or spills, the
contents will not discharge, flow, or be washed into the stonn drainage system,
surface waters or groundwater.
Place drip pans or absorbent materials beneath all mounted container taps, and at
all potential drip and spill locations during filling and unloading of containers.
Any collected liquids or soiled absorbent materials must be reused/recycled or
properly disposed.
Routine maintenance:
. Store and maintain appropriate spill cleanup materials in a location that is
known to all employees near the tank storage area; and ensure that employees
are familiar with the site's spill control plan and/or proper spill cleanup
procedures.
.
Sweep and clean the storage area monthly if it is paved, do not hose down the
area to a stonn drain.
.
Check containers (and any containment sumps) daily for leaks and spills.
Replace containers that are leaking, corroded, or otherwise deteriorating with
ones in good condition. It the liquid chemicals are corrosive, containers made
of compatible materials must be used instead of metal drums. New or
secondary containers must be labeled with the product name and hazards.
.
Collect all spilled liquids and properly dispose of them.
Storaee of Soil. Sand. Salt and Other Erodible Materials
This section applies to stockpiling erodible raw materials such as soil, sawdust, gravel,
sand, and road deicing salts. It covers permanent sites as well as temporary construction
sites and other temporary locations. Raw material stockpiles can easily erode due to
wind or precipitation and contribute suspended solids, nutrients, heavy metals, and
abnormal pH to stormwater runoff.
Jefferson County Mining & Quarrying Perfonnance Standards/Best Management Practices
Page 6 of 12
Minimum Requirements
The following BMPs, or equivalent measures, methods, or practices, are required
for activities engaged in storage or stockpiling of more than 5 cubic yards of
erodible material on a normal basis (granted that stockpiles of less than 5 cubic
yards are not in a location where they could erode into the storm drainage system):
(1)
Cover and contain the stockpiles of raw materials to prevent stormwater from
running into the covered piles. The covers must be in place at all times when work
with the stockpiles is not occurring.
OR
If the stockpiles are so large that they cannot feasible be covered and contained,
erosion control practices must be implemented at the perimeter of the site and at
any catch basins to prevent erosion of the stockpiled material off site.
(2)
Routine maintenance:
. Sweep paved storage areas monthly for collection and disposal of loose solid
materials, do not hose down the area to a storm drain or conveyance ditch.
.
Stock cleanup materials, such as brooms, dust pans, and vacuum sweepers (if
desired) near the storage area.
The following BMPs, or equivalent measures, methods, or practices, are required
for activities engaged in storage or stockpiling of LESS THAN 5 cubic yards of
erodible material on a temporary basis:
(1)
Cover the stockpiles of raw materials to prevent stormwater from running into the
covered piles. The cover must be in place at all times when work with the
stockpiles is not occurring.
Additional BMPs
The following BMPs are not required but they can provide improved pollution
control:
(1) A catch basin insert, configured for sediment removal, may remove some of the
pollutants in runoff from this activity. (Catch basin inserts require frequent
maintenance to be effective. Carefully consider this when making your decision.)
En~ine Repair and Maintenance
This activity applies to operations that conduct engine repair and maintenance in
vehicles and other equipment. It also applies to mobile vehicle maintenance operations,
such as at construction sites. This common activity can lead to immediate stormwater
contamination if it is not done in a controlled manner. This activity can contaminate
storm water with toxic hydrocarbons, other toxic organic compounds, oils and greases,
abnormal pH. and heavy metals. Related vehicle maintenance activities are covered
under the following activity headings in these administrative rules: "Painting, Finishing,
and Coating of Vehicles, Products, and Equipment, " "Vehicle Washing and Stream
Cleaning, " "Fueling Operations, and Vehicle and Equipment Parking and Storage. "
Jefferson County Mining & Quarrying Performance Standards/Best Management Practices
Page 7 of 12
Minimum Requirements
The following BMPs, or equivalent measures, methods or practices are required for
activities engaged in engine repair and maintenance:
(1)
If temporary work is being conducted outside:
Use a tarp, ground cloth, or drip pans beneath the vehicle or equipment to capture
all spills and drips. The collected drips and spills must be disposed, reused, or
recycled properly.
(2)
If the work is done on a regular basis at a stationary business location: move the
activity indoors.
(3)
Routine Maintenan<:e
. Employees must be educated on proper handling and disposal of engine fluids.
.
Store and maintain appropriate spill cleanup materials in a location known to
all; and ensure that employees are familiar with the site's spill control plan
and/or proper spill cleanup procedures (reusable cloth rags can be used to
clean up small drips and spills instead of disposables; these can be washed by
a permitted industrial laundry. Do not clean them at home or at a coin-
operated laundry business).
.
Sweep the maintenance area weekly, if it is paved, to collect loose particles,
and wipe up all spills with rags and other absorbent material immediately, do
not hose down the area to a storm drain.
Additional BMPs
The following BMPs are not required but they can provide improved pollution
control:
(1)
(2)
Absorbent material such as pillows or brooms can be used around storm drains or
in catch basins to absorb oil and other substances. A qualified disposal contractor
must pick up used absorbent material containing oil or other engine fluids.
A catch basin insert, configured for oil removal, may remove some of the
pollutants in runoff from this activity. (Catch basin inserts require frequent
maintenance to be effective. Carefully consider this when making your decisions.)
Truck or Rail Loadine and Unloadine of Liquid Materials
This activity applies to operations that receive shipments of bulk liquid materials by truck
or rail and transfer those liquids into storage tanks or containers or handle the truck or
rail loading of liquid materials from tanks, Spills and drips of these liquids can
potentially contribute toxic organic compounds, oils and greases, nutrients, heavy metals,
and abnormal pH to stormwater runoff.
Jefferson County Mining & Quarrying Perfonnance Standards/Best Management Practices
Page 8 of 12
Minimum Requirements
The following BMPs, or equivalent measures, methods or practices are required for
activities engaged in loading and unloading of liquid materials:
(1)
Use drip pans underneath hoses and connections and other leak-prone spots
during liquid transfer operations, and when making and breaking connections.
Several drip pans should be stored in a covered location near the liquid transfer
area so that they are always available, yet protected from precipitation when not
in use. Drip pans can be made specifically for railroad tracks. Drip pans must be
cleaned periodically, and drip-collected materials must be disposed of properly.
(2)
Train employees in proper handling techniques during liquid transfers to avoid
spills.
(3)
Routine maintenance:
. Store and maintain appropriate spill cleanup materials in a location known to
all employees; and ensure that employees are familiar with the site's spill
control plan and/or proper spill cleanup procedures.
Vehicle Washin~ and Stream Cleanini:
This section applies to activities that wash or steam clean vehicles. It also applies to
mobile stream cleaning operations, and to commercial car washes. The types of vehicles
may include highway maintenance trucks, taxicabs, buses, rental cars, new and used
autos on lots, government and company cars, construction equipment, fork lifts, golf
carts, riding lawn mowers, and similar large vehicles. Wash water from cleaning
activities can contribute toxic hydrocarbons and other organic compounds, oils and
greases, nutrients, heavy metals, and suspended solids to stormwater runoff. The soap
used for washing is often a greater pollution threat than the substances washed off of
vehicles.
Minimum Requirements
The following BMPs, or equivalent measures, methods or practices are required for
activities engaged in vehicle washing and steam cleaning:
(1) It is allowable to rinse down the body of a vehicle, including the bed of a truck,
with just water without doing any wash water control BMPso
If you wash (with mild detergents) on an area that infiltrates water, such as gravel,
grass, or loose soil, it is acceptable to let the wash water infiltrate as long as you only
wash the body of vehicles.
However, if you wash on a paved area and use detergents or other cleaners, or if you
wash/rinse the engine compartment or the underside of vehicles, you MUST DO
ONE of the following options:
Jefferson County Mining & Quarrying Performance Standards/Best Management Practices
Page 9 of 12
(a) Designate and pave a wash area to wash all vehicles in. Discharge wash water
from vehicle cleaning operations to a sanitary sewer, holding tank, or process
treatment system or process through an enclosed recycling system. The local
sewer authority may have limits on the types and amounts ofpollutants, such as
oil and heavy metals that can be discharged to a sanitary sewer. Absolutely no
untreated wash water can enter stonn drains. OR
(b) Designate and pave a wash area to wash all vehicles in. Use a stonn drain cover
or other effective method of preventing all wash and rinse water from entering a
stonn drain or other drainage system feature. All runoff from the activity must be
collected for proper disposal to a sanitary sewer. A wet vacuum or pump can be
used for this. There are several products commercially available that enable
collection of runoff. This requirement also applies to mobile vehicle washing
services. OR
(c) Take the vehicles to a commercial car wash or use a mobile washing service that
complies with (a) or (b) above.
(3)
Designated wash areas must be well marked with signs indicating where and how
washing must be done.
(4)
Oil changes and other engine maintenance cannot be conducted in the designated
washing area.
OPTIONAL BMPS
The BMPs listed below are measures that should be considered at all times for improving
pollution control. These BMPs are NOT REQUIRED, but should be incorporated in
your plan of implementing BMPs. Implementation of some of these BMPs may reduce or
eliminate the need to implement other more complicated or costly BMPs.
(1)
Locate Activities as Far as Possible From Surface Drainage Paths
Locating activities on high ground, far from drainage paths, ditches, gutters and
stonn drains allows more time to recognize spills and act to prevent water
contamination.
(2)
Avoid the Activity or Reduce its Occurrence
Often an alternative production process or material application process can be
used to substitute for another, more polluting, process. Ideally, a polluting activity
can be avoided altogether, or its frequency of occurrence reduced. An example is
washing vehicles less often or taking vehicles to commercial car washes or detail
shops rather than washing on site.
(3)
Use Less Material
Jefferson County Mining & Quarrying Perfonnance Standards/Best Management Practices
Page 10 of 12
, .
(8)
.
Improper disposal of excess material or increased application of materials simply
because excess is available can cause pollution. Purchase only the amount of
material that will be needed for foreseeable use. In most cases you will see cost
savings in both purchasing and disposal.
(4)
Use the Least Toxic Materials Available
All applications of solid and liquid materials should use the least toxic products
and raw materials available, whether in production; cleaning; pesticide
applications; or other uses.
(5)
Create and/or Maintain Vegetated Areas Near Activity Locations
Grass and types of vegetation can filter out many pollutants in stonnwater runoff.
Vegetated areas should be maintained around areas where polluting activities
occur, especially down slope of activity areas. Routine maintenance will keep
vegetated areas healthy and capable of filtering pollutants.
(6)
Recycle as Much as Possible
Recycling is always preferable to disposal of unwanted materials. Leftover paints,
finishes, cleaning materials, building materials, etc. may be used by someone else,
so don't throw them away. Contact a neighbor, friend, school, church, community
group, theater group, etc. to see if your leftover materials can be used. Many
empty containers and other common items are recyclable. Contact the Jefferson
County Recycling Center for recycling options.
(7)
Educate Others About Stormwater Pollution Prevention
Educate your employees, business associates, contractors, family, and friends
about stonnwater pollution control. Encourage others to find solutions to
stonnwater pollution problems, and to continue learning about pollution control
techniques.
Implement Treatment BMP's
Treatment BMP's are used to remove pollutants from stonnwater before being
discharged from a site. These include oil separators and other catch basin inserts
that control pollutants in the piped system and as well as numerous biological
systems such as biofiltration swales, infiltration, and constructed wetlands. These
BMP's may be a preferred option in certain circumstances.
EXHIBIT B. Best Mana2ement Practices (BMP) Report Criteriao The following
criteria shall apply when preparing a Best Management Practices (BMP) Report:
Jefferson County Mining & Quarrying Performance Standards/Best Management Practices
Page 11 of 12
a.
The report shall be prepared by. or done under the direction of or designed by. a
qualitìed person with demonstrated expertise in the industry or field as
demonstrated by a statement of qualifications. At least three references from
parties familiar with common business practices in the subject field or known
expertise in the tield shall be included in the report.
b.
The report will identitY appropriate B~1Ps and how they will be employed to
prevent degradation of groundwater. Examples of BivIPs are tàund in the
guidance document attached as Exhibit A. All necessary technical data, drawings,
calculations, and other intànnation to describe application of the BtvlPs must be
supplied.
c.
The report shall identify how the applicant will satisfy the requirements of the
Dangerous Waste Regulations, chapter 173-303 WAC in the event that hazardous
material is released into the ground or ground water.
d.
The report shall be reviewed by the Department of Community Development or a
consultant hired by the County, at the applicant's expense, for this review. The
County may consult with the Jefferson County Health Department; State of
vVashington Departments of Health or Ecology. independent reviewer, or any
other parties as it sees fit.
EXHIBIT Co Department of Ecolo~v's Best :\'[anagement Practices ŒMP)o (See
Attached List)
D!} Sf'11
Al Scalf, Critical A as - dministrator
Jefferson County ~Iining & Quarrying Performance Standards, Best Management Practices
Page 12 of 12
Document ~ umber
75-0 1 ~c
36-002 .~
37 -003 '"
91-012c
91-0129
91-030
91-042
92-br-008
92,br-009
93-br,O 10
93-or-013
93 -or-O 15
93-009
93-012
94-139
94-138
9J.-13 7
9J.-l.+6
9:5-053
95-056
95--+05:\
9:5--+05B
96-013
96-422
96-1254
F,H\VTR-93-541
WQ-R-93-0 11
"'.""------::~
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-- --, "-~.-
Depanrnenc 'Jt' E(ology Guidance Documents
Publication Title
-.I.. (-'I"';~ o'or Do~c~"','.;"'" IN"';l Ow"'c::'"s
"...J~,'-~,J.-.~~,-~..'~~' -..
(-:11;'~~;;~"'~ c'or 't}' '" ne".o>ioomenr or Ground \V::1Le'"
~~.\..~._..~.J. '.'-~'~'.'" '
Ground. ',V]te" Rèsollr:e Proœ::Üon: _-\ HJ.ndbook r'or LocJ.l
Plar..r..ers lnd. Decision '\f::L.iœrs
Dr:/ ClöIling HJ.ZJ.r::ous W J.Ste Do' s lI1d Don' tS
Elec:rop bring
GuidJ.nce r"or Remediation or Petroleum Com::uninared Soils
Proœc:ing Ground \Vlrer: A StrJ.regy ror .\fanaging
AgriC:lÌrJr:ll Pesticides and ~U(riems
Empr:; Pesricide Com::liner Disposal
.\bnazing Hazardous Wasre for RadiatOr Shoos
- - .
.\fanJ.ging Hazardous \Vasre for Transmission Shops
.\bnaging Hazardous \Vasre for Se:-vice Stations
.\f::maging Hazardous \VJ.sre for Tire Dealers
SurÌ:lce :md Ground \VJ.rer on Coastal Bluffs: .-\ .\fanual or
Pr:lc:ices ror CoasLJ.l Property Owners
Tlnk O\VIlerS and OperatOrs Guide :0 Csing Ground \Varer
.\foniwring for CST R=lease Dere:::ion
.-\ Guide for Lithographic Primers
A Guide ror PhotO Processors
.-\ Guide ror Screen Primers
Best .\bnagemem Pr:lc:ices to Prel/em StOrmwarer PollUtion
J.t Vehicle Recycling Facilities
Pre':eI1t:on or StOrTTI\vJ.ter Pollurion 3.t Log Yards - Best
.\fanagement Prlcrices
V chicle and Equipme:J.t W ashwater DischJ.fges - Best
.\-fJ.nagemenr Practices
Best .\bnagemem Prac::ices for AUtomobile Dealerships- .-\utO
\Vastes and ComJ.iners
Best .\bnagemem Prac::ces for AutO De:.1lerships - \Vasre
Proœsses
Irrig:Hion Best .\Ianagemem Practic;~s to Protect Ground
W:1[er 3.r:d S urfJ.ce \V J.[er Quality
F~equerHly ,-\sKed Ques[ions Concerning Solvent and Clewer
Disposal.
.\[anagemc::nt Requireme:J.ts for Speci3.l \VJ.sre
Dr:/c:eJ.r:ers
Sekc[ing Best \bmge:::em Practices for S¡orTTIwater
\!J.nJ.gemem
.
Limited copies exist and may not be av;:¡j!able for distribution, Contact \VDOE publications
office
JEFFERSON COUNTY PERMIT CENTER
621 Sheridan Street, Port TownseQd, WA 98368
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MEMORANDUM lJL. - - --- u U _J IJd)
MAY 2 0 1999
TO:
BOARD OF COMMISSIONERS
JEFF -f?SON COUNTY
BOARD O~ISSIONERS
FROM:
AL SCALF, COMMUNITY DEVELOPMENT DIRECTO
DATE:
May 19, 1999
SUBJECT:
BEST MANAGEMENT PRACTICES (BMPs) PER CRITICAL AREAS
ORDINANCE
Jefferson County adopted its original Critical Areas Ordinance (ordinance 05-0509-94) May 9, 1994.
Jefferson County Ordinance No. 14-0626-95 amended Sections 3, 7, 11 and 13 of the Jefferson County
Interim Critical Areas Ordinance. The section entitled Critical Aquifer Recharge Areas (Section 7) replaced
Section 7 (Critical Aquifer Recharge Areas) of the original critical areas ordinance.
Section 7.508 of the amended ordinance states: Within six months of the effective date of this ordinance, the
Jefferson County Development Review Division shall prepare mining and quarrying performance
standards containing 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.
Development Review Division Staff prepared draft best management practices perfonnance standards. The
perfonnance standards were based on technical measures from the Puget Sound Stonn Water Manual. In
addition, staff obtained guidance from the Department of Ecology in preparing the perfonnance standards.
The draft, including subsequent drafts, were reviewed by Larry Fay, Environmental Health Director,
Harriet Beale, long-range Associate Planner, Al Scalf, Director of Community Development, and Jerry
Smith, development review Associate Planner.
The final perfonnance standards dated March 15, 1999 were issued as Administrative Guidelines in
fulfillment of the direction given to staff in Section 7.508 of County Ordinance number 14,0626-95.
Since their issuance, these best management practices or perfonnance standards, as applicable, have been
applied as mitigating conditions during SEP A environmental review and threshold detenninations.
Application of the best management practices has been done under SEP A substantive authority, which is
the regulatory authority granted to all state and local agencies under SEP A to condition or deny a proposal
to mitigate environmental impacts identified in a SEP A document
The Planning Commission will have opportunity to comment and review the best management
practices/perfonnance standards when they re,eva1uate the interim critical areas ordinance, which will be
during the year 2000.
Building
Building Permits
Inspections
Environmental Health
Septic Permits
Water Review
Development Review
Subdivision, Zoning
& Shoreline Permits
Public Works
Road Approach
Permits & Addresses
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(360) 379-4450
FAX: (360) 379-4451