(A)
The Drinking Water Protection (DWP) Overlay District is established
to protect aquifers used as potable water supply sources by the City
from contamination. This section establishes procedures and standards
for the physical use of hazardous or other materials harmful to groundwater
within TOTZ by new and existing land uses requiring development approval.
The provisions of this section are designed to:
(1)
Protect the City’s drinking water supply which is obtained
from groundwater resources from impacts by facilities that store,
handle, treat, use, produce, or otherwise have on premises substances
that pose a hazard to groundwater quality; and
(2)
Provide standards for hazardous or other materials that pose a risk
to groundwater within the TOTZ.
(B)
In order to accomplish this purpose, the DWP Overlay District includes
methods and provisions to:
(1)
Restrict or prohibit the use of hazardous or other materials which
are potential groundwater contaminants;
(2)
Set standards for the storage, use, handling, treatment, and production
of hazardous or other materials that pose a risk to groundwater within
TOTZ; and
(3)
Review new or expanded uses of hazardous or other materials that
pose a risk to groundwater.
(6238)
As of May 15, 2000, all areas within specified wellhead TOTZ
automatically are rezoned to add the DWP Overlay District to the underlying
zoning district. The areas to which the DWP Overlay District is applied
are shown on the Drinking Water Protection Area Maps on file in the
Development Services Department and incorporated in this section by
reference.
The degree of aquifer protection required by this section in
the areas designated in SDC 3.3.220 is based on scientific and engineering
considerations. The nature of these considerations is that the exact
boundaries of Time of Travel Zones (TOTZ) have an associated uncertainty
that renders conclusions based on them to be estimates. Under no conditions
should this section be construed to guarantee the purity of the ambient
ground water or guarantee the prevention of ground water contamination.
Therefore, this section shall not create liability on the part of
the City, or any City personnel, for any contamination that may result
from reliance on this section or any administrative decision made
under this section.
(A)
The DWP Overlay District includes 4 TOTZ: 0-1 year; 1-5 years; 5-10
years; and 10-20 years. The locations of the TOTZ for each wellhead
are shown on Drinking Water Protection Area Maps on file with the
City’s Development Services, Public Works, and Fire and Life
Safety Departments; and Springfield Utility Board (SUB) and Rainbow
Water District (RWD).
(B)
The areas within specified wellhead TOTZ are those drinking water
protection areas certified by the Oregon Health Authority, under the
Oregon Administrative Rules that apply to Oregon’s EPA-approved
Drinking Water Protection Program, in Oregon Health Division Delineation
Certification #0002R, Version 2.
(C)
In determining the location of a property within a TOTZ, the following
criteria apply:
(1)
The Lane County Department of Assessment and Taxation maps shall
be used as a base map with the addition of TOTZ boundaries.
(2)
That portion of a tax lot that lies within a TOTZ is governed by
the restrictions applicable to that TOTZ.
(3)
Tax lots having parts lying within more than one TOTZ are governed
by the standards of the more restrictive TOTZ.
EXCEPTION: The Director may waive the requirement
that the more restrictive standards apply when all of the following
apply:
(a)
Storage, use, handling, treatment, and/or production of hazardous
or other materials that pose a risk to groundwater will not take place
within the portion of the tax lot having the more restrictive TOTZ
standards; and
(b)
Storage, use, handling, treatment, and/or production of hazardous
or other materials that pose a risk to groundwater will not take place
within 50 feet of the portion of the tax lot having more restrictive
TOTZ standards; and
(c)
The tax lot is 20,000 square feet or larger.
(4)
A property owner may request the TOTZ be modified by submitting a
Zone Change application to the City. Any request for modification
of the TOTZ shall be accompanied by certification of the TOTZ as proposed
to be modified by the Oregon Health Authority, under the Administrative
Rules that apply to Oregon’s EPA-approved Drinking Water Protection
Program.
(6238; Ord.
6464, 11/20/2023 )
(A)
A DWP Overlay District Development Application is required when the criteria of both subsections (A)(1) and (2), below are met:
(1)
A site is affected by one of the following:
(a)
There is a change of land use, occupancy or tenancy of a property,
including, but not limited to: a change from vacant to occupied; or
(b)
During the Building Permit process; or
(c)
In conjunction with any development application, including, but not
limited to: Site Plan review and Minimum Development Standards.
(B)
Prior to the submittal of a DWP Overlay District Development Application,
an exemption request may be submitted to the Director as specified
in SDC 3.3.230(B)(1).
(C)
DWP Overlay District applications shall be reviewed under Type I
procedures.
(D)
Prior to undertaking an activity covered by SDC 3.3.225(A), the owner
or tenant shall submit a DWP Overlay District Application to the City
for review and approval. Applications shall include the following
information:
(1)
A Hazardous Material Inventory Statement and a Safety Data Sheet
for any or all materials entered in the Statement unless exempted
under SDC 3.3.230. Hazardous material weights shall be converted to
volume measurement for purposes of determining amounts; 10 pounds
shall be considered equal to 1 gallon as specified in Springfield
Fire Code 5003.1.2;
(2)
A list of the chemicals to be monitored through the analysis of groundwater
samples and a monitoring schedule if ground water monitoring is anticipated
to be required;
(3)
A detailed description of the activities conducted at the facility
that involve the storage, handling, treatment, use or production of
hazardous or other materials that pose a risk to groundwater in quantities
greater than the maximum allowable amounts as stated in SDC 3.3.235(A);
(4)
A description of the primary and any secondary containment devices
proposed, and, if applicable, clearly identified as to whether the
devices will drain to the storm or sanitary sewer;
(5)
A proposed Hazardous Material Management Plan for the facility that
indicates procedures to be followed to prevent, control, collect and
dispose of any unauthorized release of a hazardous material;
(6)
A description of the procedures for inspection and maintenance of
containment devices and emergency equipment;
(7)
A description of the plan for disposition of unused hazardous materials
or hazardous material waste products including the type of transportation,
and proposed routes.
(E)
For those development proposals requiring Site Plan Review (SDC 5.17.100)
or Minimum Development Standards review (SDC 5.15.100), applications
may be submitted concurrently.
(F)
The Director shall review the application and make a decision based
on the standards contained in SDC 3.3.235, after consulting with the
Building Official, Fire Marshal, and the managers of SUB and RWD,
as appropriate.
(6238; 6443; Ord. 6464, 11/20/2023)
This section does not exempt any material or use from Fire Code
regulations adopted by the City.
(A)
Exemptions are as specified in this section unless the Director,
in consultation with SUB and Fire/Life Safety, determines that a hazardous
material, activity, and/or facility that is exempt pursuant to this
section has a significant or substantial potential to degrade groundwater
quality. Then the Director may require compliance with the requirements
of this section related to that hazardous material, activity or facility.
This determination will be based upon site and/or chemical-specific
data and is eligible for appeal to the Hearings Officer as specified
in SDC 3.3.245.
(B)
Unless otherwise provided herein, the following materials are exempt
from regulation hereunder:
(1)
Use, storage and handling of specific hazardous materials that
do not present a risk to the aquifer, as determined and listed by
the Director in consultation with SUB, are exempt from all regulation
under this section with the exception of the potential requirement
to list these hazardous materials on the Hazardous Material Inventory
Statement as found in the most recent Fire Code regulations adopted
by the City. A Drinking Water Protection Exemption Request may be
submitted to the Director for Hazardous Materials that can be demonstrated
to pose no threat to the aquifer. These materials may be exempted
from regulation. The demonstration of no threat is the responsibility
of the applicant seeking the exemption and will be subject to review
by technical experts.
(2)
Hazardous materials offered for sale in their original sealed
containers of 5 gallons or less are exempt from the 500-gallon storage
limit specified in SDC 3.3.235(A)(1).
(3)
Hazardous materials in fuel tanks and fluid reservoirs including,
but not limited to, fuel, engine oil, and coolant, which are attached
to a private or commercial motor vehicle and used directly in the
motoring operation of that vehicle, or machinery.
EXCEPTION: Portable generators are not exempt.
(4)
Fuel oil used in existing heating systems.
(5)
Emergency use, storage, and handling of hazardous materials
by governmental organizations in the public interest.
(6)
Hazardous materials used and stored specifically for water treatment
processes of public water systems and private systems for the same
purposes when approved by the Director.
(7)
Hazardous materials contained in properly operating sealed units
(including, but not limited to: transformers, refrigeration units)
that are not opened as part of routine use.
(8)
Local natural gas distribution lines.
(9)
Fuel for emergency generators located at facilities that provide
essential community services (including, but not limited to: hospitals,
fire/life safety, police, public shelters, wireless telecommunications
system (WTS) facilities, and telephone systems).
(10)
Any commonly used office supply—including, but not limited
to: correcting fluid for typewriters, toner for computer printers
or cleaners for windows and bathrooms—where the supplies are
purchased off site for use on site.
(11)
Aggregate quantities equal to or less than 20 gallons of hazardous
materials that do not contain DNAPLs.
(Ord. 6464, 11/20/2023)
Applications required under SDC 3.3.225(A) must comply with
the following standards. Notwithstanding SDC 3.3225(A), development
that conflicts with the standards of this section is prohibited. Where
the following standards are more restrictive than the standards of
the Springfield Fire Code, the following standards will prevail.
(A)
Zero to One Year TOTZ Standards.
(1)
Within the zero to one year TOTZ, hazardous or other materials
that pose a risk to groundwater may be stored in aggregate quantities
of no more than 500 gallons if in original containers not exceeding
5 gallons* in size. Within that aggregated 500-gallon inventory, no
more than 150 gallons of hazardous or other materials that pose a
risk to groundwater may be on the premises in opened containers for
handling, treatment, use production, or dispensing on site. Hazardous
or other materials that pose a risk to groundwater are allowed only
upon compliance with containment and safety standards specified by
the most recent Fire Code adopted by the City.
* A waiver of the 5-gallon maximum size may be given by the
Director if the applicant can demonstrate that a larger size container
would pose less risk to the aquifer.
(2)
Unless exempted, all hazardous or other materials that pose
a risk to groundwater shall be stored in areas with approved secondary
containment in place (Springfield Fire Code 5002.1 and 5004.2.2).
(3)
All new uses of Dense Non-Aqueous Phase Liquids (DNAPLs) are
prohibited.
(4)
Any change in type of use or an increase in maximum daily inventory
quantity of any DNAPL shall be considered a new use and prohibited.
(5)
The following certain types of new facilities or changes in
use and/or storage of hazardous or other materials that pose a risk
to groundwater are prohibited:
(a)
Underground hazardous material storage facilities;
(b)
Hazardous material product pipelines used to transport
the hazardous material off of the tax lot where it is produced or
used;
(c)
Injection wells;
EXCEPTION: Dry wells for residential roof drainage;
(d)
Solid waste landfills and transfer stations;
(e)
Fill materials containing hazardous materials;
(f)
Land uses and new facilities that will use, store,
treat, handle, and/or produce DNAPLs; and
(g)
Permeable pavements.
(6)
Requirements found in Springfield Fire Code 5004.2.2.5 for a
monitoring program and monitoring methods to detect hazardous materials
in the secondary containment system shall be met for all amounts of
hazardous or other materials that pose a risk to groundwater unless
exempted.
(7)
The following requirements for inspection and record-keeping
procedures for monthly in-house inspection and maintenance of containment
and emergency equipment for all amounts of hazardous or other materials
that pose a risk to groundwater shall be met unless exempted: Schedules
and procedures for inspecting safety and monitoring and emergency
equipment. The applicant shall develop and follow a written inspection
procedure acceptable to the Director for inspecting the facility for
events or practices which could lead to unauthorized discharges of
hazardous materials. An inspection check sheet shall be developed
to be used in conjunction with routine inspections. The check sheet
shall provide for the date, time, and location of inspection; note
problems and dates and times of corrective actions taken; and include
the name of the inspector and the countersignature of the designated
safety manager for the facility.
(8)
Application of fertilizers containing nitrates are restricted
to no more than the amount recommended by the Lane County, Oregon
State University Extension Service for turf grass and are prohibited
within 100 feet of a wellhead. In no event shall a single application
exceed 1/2 pound per 1,000 square feet of area per single application
or a total yearly application of 5 pounds nitrogen fertilizer per
1,000 square feet.
(9)
Stormwater infiltration facilities are prohibited within 100
feet of a wellhead.
(B)
One to Five Year TOTZ Standards.
(1)
The storage, handling, treatment, use, application, or production
or otherwise keeping on premises of more than 20 gallons of hazardous
or other materials that pose a risk to groundwater in aggregate quantities
not containing DNAPLs is allowed only upon compliance with containment
and safety standards specified by the most recent Fire Code adopted
by the City.
(2)
Unless exempted, all hazardous or other materials that pose
a risk to groundwater shall be stored in areas with approved secondary
containment in place (Springfield Fire Code 5002.1 and 5004.2.2).
(3)
All new uses of DNAPLs are prohibited.
(4)
Any change in the type of use or an increase in maximum daily
inventory quantity of any DNAPL is considered a new use and is prohibited.
(5)
The following certain types of facilities or changes in chemical
use and/or storage of hazardous or other materials that pose a risk
to groundwater are prohibited:
(a)
Hazardous material product pipelines used to transport
the hazardous material off of the tax lot where it is produced or
used;
(b)
Injection wells;
EXCEPTION: Dry wells for residential roof drainage;
(c)
Solid waste landfills and transfer stations;
(d)
Fill materials containing hazardous materials;
(e)
Land uses and new facilities that will use, store, treat, handle,
and/or produce DNAPLs.
(6)
Requirements found in Springfield Fire Code 5004.2.2.5 for a
monitoring program and monitoring methods to detect hazardous materials
in the secondary containment system shall be met for all amounts of
hazardous or other materials that pose a risk to groundwater unless
exempted.
(7)
The following requirements for inspection and record keeping
procedures for monthly in-house inspection and maintenance of containment
and emergency equipment for all amounts of hazardous or other materials
that pose a risk to groundwater shall be met unless exempted: Schedules
and procedures for inspecting safety and monitoring and emergency
equipment. The applicant shall develop and follow a written inspection
procedure acceptable to the Director for inspecting the facility for
events or practices which could lead to unauthorized discharges of
hazardous materials. An inspection check sheet shall be developed
to be used in conjunction with routine inspections. The check sheet
shall provide for the date, time, and location of inspection; note
problems and dates and times of corrective actions taken; and include
the name of the inspector and the countersignature of the designated
safety manager for the facility.
(C)
Five to Ten Year TOTZ Standards.
(1)
The storage, handling, treatment, use, production or otherwise
keeping on premises of more than 20 gallons of hazardous or other
materials that pose a risk to groundwater in aggregate quantities
not containing DNAPLs is allowed only upon compliance with containment
and safety standards specified by the most recent Fire Code adopted
by the City.
(2)
All hazardous or other materials that pose a risk to groundwater
shall be stored in areas with approved secondary containment in place
(Springfield Fire Code 5002.1 and 5004.2.2).
(3)
All new uses of DNAPLs are prohibited.
(4)
Any change in type of use or an increase in the maximum daily
inventory quantity of any DNAPL is considered a new use and is prohibited.
(5)
The following requirements for inspection and record-keeping
procedures for monthly in-house inspection and maintenance of containment
and emergency equipment for all amounts of hazardous or other materials
that pose a risk to groundwater shall be met unless exempted: Schedules
and procedures for inspecting safety and monitoring and emergency
equipment. The applicant shall develop and follow a written inspection
procedure acceptable to the Director for inspecting the facility for
events or practices which could lead to unauthorized discharges of
hazardous materials. An inspection check sheet shall be developed
to be used in conjunction with routine inspections. The check sheet
shall provide for the date, time, and location of inspection; note
problems and dates and times of corrective actions taken; and include
the name of the inspector and the countersignature of the designated
safety manager for the facility.
(D)
Ten to Twenty Year TOTZ Standards. The storage, handling, treatment,
use, production or keeping on premises of more than 20 gallons of
hazardous or other materials that pose a risk to groundwater in aggregate
quantities is allowed only upon compliance with containment and safety
standards specified by the most recent Fire Code adopted by the City.
(6238; 6443; Ord. 6464, 11/20/2023)
The Director may attach conditions of approval that will minimize
negative impacts of regulated substances on groundwater and ensure
that the facility or the proposed development can fully meet the standards
specified in SDC 3.3.235. These conditions may include, but are not
limited to: on-site monitoring wells, Wellhead Protection Area signs,
special storm-water facilities, or other conditions to address specific
risks associated with the proposed development.
(Ord. 6464, 11/20/2023)
The only portions of this section that are subject to appeal
are SDC 3.3.225(F), the Director’s decision on a DWP application,
SDC 3.3.230, Exemptions, and SDC 3.3.235(A)(1), Waiver. The appeal
of a decision of the Director may be appealed as specified in SDC
5.3.115.
