18.05.230 Critical area – Critical aquifer recharge area.
Critical aquifer recharge areas (CARAs) are those areas with critical recharge effect on aquifers used for potable water as defined by WAC 365-190-030(2). CARAs have prevailing geographic conditions associated with infiltration rates that create a high potential for contamination of groundwater resources or contribute significantly to the replenishment of groundwater.
A. The city classifies the following as CARAs susceptible to degradation or depletion:
1. Those areas with a hydrologic soil group rating of “A” according to the most recent NRCS soil survey for the area, as designated and mapped in the Web Soil Survey and as may be periodically amended by NRCS. Currently in Stevens County there are five soil types designated with an “A” rating and include Bisbee loamy fine sand, Spens extremely gravelly loamy sand, Springdale gravelly ashy loamy sand, and Springdale cobbly ashy sandy loam.
2. Ten-year-time-of-travel wellhead protection areas associated with wells used for potable water and any other areas designated for wellhead protection pursuant to the Federal Safe Drinking Water Act.
3. Any sole source aquifers that may be designated by the U.S. Environmental Protection Agency pursuant to the Federal Safe Drinking Water Act.
4. Areas designated for special protection as part of a groundwater management program per Chapter 90.44, 90.48 or 90.58 RCW or Chapter 173-100 or 173-200 WAC.
5. Aquifer recharge areas moderately or highly susceptible to degradation or depletion because of hydrogeologic characteristics are those areas meeting the criteria established by the Washington State Department of Ecology.
a. Critical Potential. Wellhead protection area, rivers, creeks, wetlands, lakes, ponds, and lands that have been specifically identified as critical recharge areas based on reliable scientific data.
b. High Potential . Lands adjacent to rivers, creeks, wetlands, lakes and ponds that include soils that show permeability ratings in the county soil survey of more than 20 inches per hour within 60 inches of the soil surface.
B. Mapping. The city will need to develop maps which indicate wellhead protection areas, the shoreline areas of the Columbia River, and soils with permeability ratings that indicate potential for aquifer recharge. These maps will not be the result of scientific study and are for reference purposes only.
C. Aquifer Recharge Areas Susceptibility Ratings. Aquifer recharge areas shall be rated as having high, moderate, or low susceptibility based on soil permeability, geologic matrix, infiltration and depth to water as determined by the criteria established by the Washington State Department of Ecology.
D. Mapping of Critical Aquifer Recharge Areas. At the time of adoption of the ordinance codified in this chapter, the city does not believe there are any critical aquifer recharge areas within city limits relating to public drinking supplies. If this situation changes, the city will show approximate location and extent of critical aquifer recharge areas on the adopted critical areas map.
E. Critical Areas Report – Additional Requirements for Critical Aquifer Recharge Areas. Critical areas reports for critical aquifer recharge areas must meet the requirements of this section. Critical areas reports for two or more types of critical areas (i.e., fish and wildlife) must meet the report requirements for each relevant type of critical area.
1. In determining whether hydrogeological evaluation will be required, the administrator shall consider both the susceptibility of the site and the potential for the proposed alteration to contribute to degradation or depletion of groundwater.
2. A level one hydrogeologic evaluation meeting the criteria of subsection (E)(4) of this section shall be required for aquifer recharge areas or areas of concern, as determined by the administrator.
3. A level two hydrogeologic evaluation meeting the criteria of subsection (E)(5) of this section shall be required for any of the following proposed activities:
a. Activities that result in five percent or more impervious site area.
b. Activities that divert, alter, or reduce the flow of surface or groundwaters, or otherwise reduce the recharging of the aquifer (significant reduction in recharge to aquifers currently or potentially used as a potable water source and to aquifers that are a source of significant baseflow to regulated streams is prohibited).
c. The use, processing, handling, storage, treatment, or disposal of hazardous substances other than household chemicals used according to the directions specified on the packaging for domestic applications.
d. The use of injection wells, including on-site septic systems, except those domestic septic systems that release less than 14,500 gallons of effluent per day and that are limited to a maximum density of one system per acre.
e. Above ground application of sewage or sludge.
f. New agricultural activities.
g. Commercial and industrial uses.
h. Land division, including subdivisions, short subdivisions, planned developments, binding site plans and related developments.
i. Storage tanks.
j. Any other activity that the administrator determines is likely to have an adverse impact on groundwater quality or quantity, the recharge of the aquifer, or anadromous fish species.
k. When recommended by a level one evaluation; or when aquifer susceptibility rating from a level one evaluation is medium to high, or if a level one evaluation is indeterminate.
4. A level one hydrogeologic evaluation shall include the following site- and proposal-related information at a minimum:
a. Available information regarding geologic and hydrogeologic characteristics of the site including the surface location of all critical aquifer recharge areas located on site or immediately adjacent to the site, and permeability of the unsaturated zone.
b. Groundwater depth, flow direction, and gradient based on available information.
c. Currently available data on wells and springs within 1,300 feet of the project area.
d. Location of other critical areas, including surface waters, within 1,300 feet of the project area.
e. Available historic water quality data for the area to be affected by the proposed activity.
f. Proposed Best Management Practices. The Stormwater Management Manual for Eastern Washington shall be the preferred guidance for BMPs.
5. A level two hydrogeologic evaluation shall include the following site- and proposal-related information at a minimum, in addition to the requirements for a level one hydrogeologic evaluation:
a. Historic water quality data for the area to be affected by the proposed activity compiled for at least the previous five-year period, or available data if data for the previous five-year period are not available.
b. Groundwater monitoring plan provisions.
c. Discussion of the effects of the proposed project on the groundwater quality and quantity, including:
i. Predictive evaluation of groundwater withdrawal effects on nearby wells and surface water features; and
ii. Predictive evaluation of contaminant transport based on potential releases to groundwater.
d. Discussion of the effects of the proposed project on anadromous fish species, including where groundwater affects streams and other surface water habitats, and what the effects are.
e. A spill plan that identifies equipment and/or structures that could fail, resulting in an impact. Spill plans shall include provisions for regular inspection, repair, and replacement of structures and equipment that could fail.
6. Existing and ongoing agricultural activities in or within 200 feet of a CARA susceptible to degradation or depletion shall be encouraged to incorporate best management practices and seek technical assistance from the Stevens County Conservation District, WSU Cooperative Extension Agent, and local NRCS field agents.
F. Standards. In addition to the general provisions of this chapter and the requirements of the underlying zone, the following minimum standards shall apply to development activities within and adjacent to aquifer recharge areas:
1. Any operation/use may be required to adopt any or all of the following best management practices to ensure their operations minimize potential risks to water resources.
a. Hazardous materials shall be separated and prevented from entering stormwater drainage systems, septic systems, and drywells.
b. Hazardous materials shall be managed so that they do not threaten human health or the environment or enter CARAs.
c. Hazardous materials that have been released shall be contained and abated immediately, and the hazardous materials recycled or disposed of properly. The city shall be notified of any release of hazardous materials that clearly impact water resources as soon as possible but no later than 24 hours after the release. The Stormwater Management Manual for Eastern Washington shall be the preferred guidance for operational BMPs for spills of oils and hazardous substances.
d. Oil/water separators shall be inspected, cleaned and maintained as stipulated in the Stormwater Management Manual for Eastern Washington. The city may allow an operation to modify the regularity of cleanouts if the operation can demonstrate to the city’s satisfaction that the separator operates effectively at less frequent cleaning intervals.
e. Pesticides and fertilizers shall be applied and managed according to the applicable BMPs for landscaping and lawn/vegetation management in the Stormwater Management Manual for Eastern Washington.
f. Stormwater drainage systems and treatment facilities, including, but not limited to, catch basins, wet ponds and vaults, biofilters, settling basins, and infiltration systems, shall be cleaned and maintained according to the applicable operational BMPs for the maintenance of stormwater, drainage and treatment systems in the Stormwater Management Manual for Eastern Washington.
g. Wells that are unusable, abandoned, or whose use has been permanently discontinued, or that are in such disrepair that their continued use is impractical or is an environmental, safety or public health hazard, shall be decommissioned according to the provisions of WAC 173-160-381.
h. Hazardous materials shall be removed from the closing portion of the operation and disposed of in accordance with local, state and federal laws.
2. Storage Tanks. All storage tanks proposed to be located in a critical aquifer recharge area must comply with local building code requirements and must conform to the following requirements:
a. Underground Tanks. All new underground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to:
i. Prevent releases due to corrosion or structural failure for the operational life of the tank;
ii. Be protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed to include a secondary containment system to prevent the release or threatened release of any stored substances; and
iii. Use material in the construction or lining of the tank that is compatible with the substance to be stored.
b. Above Ground Tanks. All new above ground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to:
i. Not allow the release of a hazardous substance to the ground, ground waters, or surface waters;
ii. Have a primary containment area enclosing or underlying the tank or part thereof; and
iii. A secondary containment system either build into the tank structure or a dike system built outside the tank for all tanks.
3. Vehicle Repair and Servicing.
a. Vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. Chemicals used in the process of vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment should leaks occur.
b. No dry wells shall be allowed in critical aquifer recharge areas on sites used for vehicle repair and servicing. Dry wells existing on the site prior to facility establishment must be abandoned using techniques approved by the State Department of Ecology prior to commencement of the proposed activity.
4. Residential Use of Pesticides and Nutrients. Application of household pesticides, herbicides and fertilizers shall not exceed times and rates specified in the packaging.
5. Use of Reclaimed Water for Surface Percolation or Direct Recharge. Water reuse projects for reclaimed water must be in accordance with the adopted water or sewer comprehensive plans that have been approved by the State Departments of Ecology and Health.
a. Use of reclaimed water for surface percolation must meet the ground water recharge criteria given in RCW 90.46.080(1) and 90.46.010(10). The State Department of Ecology may establish additional discharge limits in accordance with RCW 90.48.080(2).
b. Direct injection must be in accordance with the standards developed by authority of RCW 90.46.042.
6. State and Federal Regulations. The uses listed below shall be conditioned as necessary to protect critical aquifer recharge areas in accordance with the applicable state and federal regulations.
G. Statutes, Regulations, and Guidance Pertaining to Ground Water Impacting Activities.
|
Activity |
Statute – Regulation – Guidance |
|---|---|
|
Above Ground Storage Tanks |
WAC 173-303-640 |
|
Animal Feed Lots |
|
|
Automobile Washers |
Chapter 173-216 WAC; Best Management Practices for Vehicle and Equipment Discharges (Washington Department of Ecology WQ-R-95-96) |
|
Below Ground Storage Tanks |
Chapter 173-360A WAC |
|
Chemical Treatment, Storage, or Disposal of Dangerous Waste |
WAC 173-303-141 |
|
Hazardous Waste Generator (Boat Repair Shops, Biological Research Facilities, Dry Cleaners, Furniture Stripping, Motor Vehicle Service Garages, Photographic Processing, Printing and Publishing Shops, etc.) |
Chapter 173-303 WAC |
|
Injection Wells |
|
|
Junk Yards and Salvage Yards |
Chapter 173-304 WAC; Best Management Practices to Prevent Stormwater Pollution at Vehicles Recycler Facilities (Washington State Department of Ecology 94-146) |
|
Oil and Gas Drilling |
WAC 332-12-450, Chapter 173-218 WAC |
|
On-Site Sewer Systems (Large Scale) |
Chapter 173-240 WAC |
|
On-Site Sewage Systems (<1,500 gal/day) |
Chapter 246-272 WAC; Local Health Ordinances |
|
Pesticide Storage and Use |
|
|
Sawmills |
Chapters 173-303 and 173-304 WAC; Best Management Practices to Prevent Stormwater Pollution at Log Yards (Washington State Department of Ecology 95-53) |
|
Solid Waste Handling and Recycling Facilities |
Chapter 173-304 WAC |
|
Surface Mining |
WAC 332-18-015 |
|
Wastewater Application to Land Surface |
Chapters 173-216 and 173-200 WAC; Washington State Department of Ecology Land Application Guidelines; Best Management Practices for Irrigated Agriculture |
H. Prohibited Uses in CARAs. The following activities and uses are prohibited in CARAs:
1. Disposal of hazardous or dangerous waste or special waste.
2. Metals and hard rock mining.
3. Storage, processing, or disposal of radioactive substances, except for medical equipment or materials that are used within a medical facility, and medical waste as defined in RCW 70A.390.020 that is generated within a medical facility and held for proper disposal.
4. Other Prohibited Uses or Activities.
a. Activities that would significantly reduce the recharge to aquifers currently or potentially used as a potable water source;
b. Activities that would significantly reduce the recharge to aquifers that are a source of significant baseflow to a regulated stream (including shorelines of the state);
c. Activities that are not connected to an available sanitary sewer system are prohibited from critical aquifer recharge areas associated with sole source aquifers;
d. Chemical manufacturing and reprocessing;
e. Creosote/asphalt manufacturing or treatment;
f. Electroplating and metal coating activities;
g. Petroleum product refinement and reprocessing;
h. Storage tanks for petroleum products or other hazardous substances;
i. Recycling facilities;
j. Solid waste landfills;
k. Waste piles as defined in Chapter 173-304 WAC;
l. Wood and wood products preserving; and
m. Storage and primary electrical battery processing and reprocessing. (Ord. 1803, §1, 2022).