A. 
Intent. This section establishes areas determined to be critical in maintaining both ground water quantity and quality. This section specifies regulatory requirements to be enacted when development within these areas is proposed to occur and provides a methodology by which the level of review and any mitigation required is determined. The intent of this section is to:
1. 
Define minimum regulatory requirements to protect ground water quality and quantity for existing and future use; and
2. 
Identify the practices, alternatives, or mitigations that can minimize the adverse impacts of proposed projects; and
3. 
Ensure adequate design, construction, management, and operations to protect ground water quality and quantity.
B. 
Existing and future beneficial uses of ground water shall be maintained and protected and degradation of ground water quality that would interfere with or become injurious to beneficial uses shall be avoided or minimized.
C. 
Wherever ground waters are determined to be of a higher quality than the criteria established for said waters under this section, the existing water quality shall be protected, and contaminants that will reduce the existing quality thereof shall not be allowed to enter such waters, except in those instances where it can be demonstrated that:
1. 
An overriding consideration of the public interest will be served; and
2. 
All contaminants proposed for entry into said ground water(s) shall be provided with all known, available, and reasonable methods of prevention, control, and treatment prior to entry.
D. 
It is the intent of this regulation to be consistent with and implement the requirements of chapters 90.48 and 90.54 RCW, and chapters 173-160, 173-200, 173-201A, 246-290 and 246-291 WAC, as the same may hereafter be amended.
(Ord. 1853 § 2 (Exh. B), 2018)
Two categories are designated for aquifer recharge areas. These categories are designated to assist the city in determining the level of assessment necessary to evaluate specific proposed land use actions. The categories are based on the determination that certain areas require additional scrutiny of the potential impacts of a proposed land use with consideration given to hydrogeologic vulnerability. All designated areas are subject to change as data and information are updated or become available.
A. 
Designation Categories.
1. 
Category I areas are those so designated because of the need to provide them special protection due to a specific preexisting land use, or because they are identified by the local, state or federal government as areas in need of special aquifer protection where a proposed land use may pose a potential risk which increases aquifer vulnerability.
Category I includes areas served by ground water which have been designated as a "Sole Source Aquifer Area" under the Federal Safe Drinking Water Act; areas identified within a "closed" or "low-flow" stream watershed designated by the Department of Ecology pursuant to chapter 90.22 RCW; areas identified by the Department of Ecology as sea water intrusion areas; and areas designated as "Wellhead Protection Areas" pursuant to WAC 246-290-135(4) and the ground water contribution area in WAC 246-291-100(2)(e). Wellhead protection areas shall, for the purpose of this regulation, include the identified recharge areas associated with either Group A public water supply wells, those Group B wells with a wellhead protection plan filed with the Skagit County health department, or plats served by five or more individual wells where the average lot size is equal to or less than two acres for which a wellhead protection plan has been completed and filed with the Skagit County health department. Category I areas are shown on the Aquifer Recharge Area map.
2. 
Category II is designated as areas not identified as Category I areas.
3. 
When any portion of the proposed project area lies partly within a Category I area, the proposed project shall be subject to the level of scrutiny provided for Category I area.
(Ord. 1853 § 2 (Exh. B), 2018)
A. 
Applicability. All development projects are subject to the provisions of this section except for the following:
1. 
Existing activities that currently and legally exist at the time this chapter became effective. However, expansions or changes in use are subject to this section and the review process contained herein.
2. 
The construction of a single detached dwelling, duplex, or related accessory uses on an existing legally established lot located outside Category I areas.
3. 
Single-family residential building permits where a site assessment report was required to be completed for the land division, in which case, to meet the conditions of this exemption, the applicant must comply with the recorded plat notes and the applicable mitigations contained in the site assessment report.
B. 
Prohibited Activities. The following activities are prohibited in Category I areas due to the probability and/or potential magnitude of their adverse effects on ground water:
1. 
Landfill activities as defined in chapters 173-304 and 173-351 WAC.
2. 
Class V injection wells, including:
a. 
Agricultural drainage wells;
b. 
Untreated sewage waste disposal wells;
c. 
Cesspools;
d. 
Industrial process water and disposal wells; and
e. 
Radioactive waste disposal.
3. 
Radioactive disposal sites.
(Ord. 1853 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)
A. 
General Procedures. Applicants for all development projects not allowed under this title shall be required, through a site assessment report prepared pursuant to this title, to evaluate potential impacts to aquifer recharge areas, and appropriate mitigation measures to reduce or eliminate the potential for adversely impacting aquifer recharge areas shall be identified. The level of study and report detail required will be determined by the city based on the type of land use being proposed, the designated aquifer recharge area category, and the vulnerability of the underlying aquifer(s) to contamination. The goal of this section is to require applicants to identify and characterize vulnerability only to the level necessary to determine appropriate mitigation measures necessary, to either reduce potential adverse impacts to established parameters or eliminate potential adverse impacts to underlying aquifer(s).
B. 
Scoping. The level of study which will be required shall be based on an initial project review that may include staff from the county health department, State Health Department, State Department of Ecology, and a hydrogeologist.
Elements for the report that are required at a minimum and other elements that may be required as part of the scope for the study are listed in this title. Subsequent findings from the study or other information made available after the initial project review may obligate the applicant to additional evaluation, development of a mitigation plan, and/or development of a ground water monitoring plan. The following outlines the review process:
1. 
The required scope of the site assessment report shall be determined by the city following consultation with the county health department and appropriate state agencies. The scope of site assessment required may be conveyed to the applicant and/or his or her representative in writing.
2. 
The site assessment report shall be submitted and renewed by city. The city may consult with the county health department and appropriate state agencies as necessary and may approve the site assessment report as submitted, require additional evaluation, or require development of a mitigation plan. If additional information is required beyond the initial site assessment report, the applicant may be notified in writing.
3. 
When, to the satisfaction of the city, all information is provided and appropriate mitigation measures have been identified in accordance with the requirements of this chapter, the permit review process may move forward.
(Ord. 1853 § 2 (Exh. B), 2018)
A. 
The scope of the site assessment report shall be based on the initial project review specified in this title. The scope of the report may be reduced by utilizing appropriate mitigation measures, or if the water quality or quantity issue(s) are already known.
B. 
The site assessment report shall be prepared by or under the direction of and signed by a professional engineer, licensed in the state of Washington, trained and qualified to analyze geologic, hydrologic, and ground water flow systems; or by a geologist or hydrogeologist who earns his or her livelihood from the field of geology and/or hydrogeology and has received a degree in geological sciences from an accredited four-year institution of higher education and who has relevant training and experience analyzing geologic, hydrologic, and ground water flow systems.
C. 
Site Assessment Report Requirements. A site plan shall be prepared in accordance with the requirements of this code. In addition, a site assessment report shall include:
1. 
A description of the project including those activities, practices, materials, or chemicals that have a potential to adversely affect the quantity or quality of underlying aquifer(s).
2. 
Identification of appropriate mitigation measures and description of how they will prevent degradation of underlying aquifer(s).
3. 
A site plan or another appropriately scaled map showing the approximate location of known or geologically representative well(s) (abandoned and active), spring(s), and surface watercourses within 1,000 feet of the subject project property. All well logs available through the health department for identified wells within 1,000 feet of the project property shall be included.
4. 
A description of the site-specific hydrogeologic characteristics regarding impact to the quantity or quality of underlying aquifer(s). At a minimum this will include a description of the lithology, depth to and static water level of known underlying aquifer(s), and depiction of ground water flow direction and patterns on the appropriate map.
5. 
Identification of the initial receptors of potential adverse impacts located hydraulically downgradient from the project within 1,000 feet or as otherwise required by the scoping process identified above.
D. 
Additional Site Assessment Elements. After the initial project review, one or more of the site assessment elements listed below may be required based upon the proposed project activity, aquifer recharge area classification, complexity of underlying hydrogeologic conditions, and/or the perceived potential to adversely impact hydraulically downgradient receptors. One or more of these additional elements may also be required if the applicant chooses to demonstrate that certain mitigation measures are not necessary to protect the quantity or quality of the underlying aquifer(s), or that the project does not pose a detrimental risk to hydraulically downgradient receptors.
1. 
Lithologic characteristics and stratigraphic relationships of the affected aquifer(s) and overlying geologic units (includes soil types) including thickness, horizontal and vertical extent, permeability, and infiltration rates of surface soils.
2. 
Delineation of identified structural features such as faults, fractures, and fissures.
3. 
Aquifer characteristics including determination of recharge and discharge areas, transmissivity, storage, hydraulic conductivity, porosity, and estimate of ground water flow direction, velocity and patterns for the affected aquifer(s).
4. 
Estimate of precipitation, evaporation, and evapotranspiration rates for the project area.
5. 
Preparation of appropriate hydrogeologic cross sections depicting at a minimum underlying lithology and stratigraphy, aquifer(s), and potential or probable contaminant pathways from a chemical release.
6. 
Contaminant fate and transport including probable migration pathways and travel time of potential contaminant release(s) from the site through the unsaturated zone to the aquifer(s) and through the aquifer(s), and how the contaminant(s) may be attenuated within the unsaturated zone and the aquifer(s). Includes consideration of advection, dispersion, and diffusion of contaminants in the ground water.
7. 
Delineation of areas potentially affected by contaminant migration on the ground surface and/or through the affected aquifer(s).
8. 
Determination of background or existing ground water quality underlying the project area.
9. 
Development of a ground water monitoring program to measure potential impacts of the development to underlying aquifer(s).
10. 
Development of a spill plan and/or contingency plan describing the specific actions, which will be taken if a release of a contaminant(s) occurs, or if ground water monitoring results indicate a contaminant(s) from the site has entered the underlying aquifer(s).
11. 
The degree of continuity between ground water and nearby surface water including potential impact to "closed" or "low-flow" streams (as described in this title) from proposed ground water withdrawals, and potential impacts to surface water quality from site runoff or contaminated ground water discharge.
12. 
In conjunction with the Department of Ecology seawater intrusion policy and subsequent policies or ordinances, applicable projects shall be required to determine appropriate pumping rates and schedules that maintain dynamic drawdown levels above mean sea level.
13. 
Applicable projects such as special use permits, short plats, or long plats shall test existing and/or test wells for nitrate levels and where appropriate calculate the nitrate loading rate at full build-out of the project. If the calculated nitrate loading in the intended water supply equals or exceeds five mg/L nitrate as nitrogen, the proposal will need to develop a mitigation plan. The point of compliance shall be determined based on project specifics.
(Ord. 1853 § 2 (Exh. B), 2018)
A. 
The city in consultation with the county health department shall review development proposals to assess aquifer(s) vulnerability and establish needed mitigation. Where determined to be necessary through the site assessment process, development approvals shall include conditions designed to prevent significant degradation of water quality or reduction in water quantity in aquifer recharge areas. The project shall not cause degradation of the ground water quality below the standards described in chapter 173-200 WAC or Department of Ecology's seawater intrusion policy.
B. 
Wellhead Protection Mitigation. Where a wellhead protection plan that addresses the project area exists, the city and/or health officer shall use the recommendations contained in the wellhead protection plan as a basis for formulating mitigations. In the absence of such a mitigation plan, the county health department and Public Utility District No. 1 shall jointly develop recommended mitigations, for review by the city, a summary of which shall be signed by the applicant and recorded with the applicant's property title. All new development shall be required to connect to the Public Utility District No. 1 Water System.
(Ord. 1853 § 2 (Exh. B), 2018)