(1)
Administration of this article shall occur in accordance with Article I of this code.
(a)
Applicability. Development activities listed in LCC § 17.38.830(2) that are located in a critical aquifer recharge area shall require the submittal of a critical aquifer recharge area report; provided, that the regulations shall not apply to land uses and/or activities that exist as of the date of the regulation. Expansion of the scale or intensity of an existing use that is listed in LCC § 17.38.830(2) shall require the submittal of a critical aquifer recharge area report.
(Ord. 1284 § 4, 2018; Ord. 1370 (Exh. B), 2025)
(1)
Critical aquifer recharge areas are categorized as follows in Lewis County:
(a)
Category I. Category I critical aquifer recharge areas are those areas that are:
(i)
Within a mapped 10-year time-of-travel area for a Group A public water system. If the 10-year time-of-travel area is not available, the location of the Category I area shall be based on the Washington State Department of Health assigned area.
(ii)
Within a mapped one-year time-of-travel area for a Group B public water system. If the location of the time-of-travel area is not mapped, the distance shall be based on the Washington State Department of Health "assigned time-of-travel" area.
(b)
Category II. Category II critical aquifer recharge areas are those areas with highly permeable soils that provide rapid recharge with limited ground water protection. Predominant soil series and types are those listed as Category II soils in LCC § 17.38.850.
(c)
Category III. Category III, moderate aquifer sensitivity areas, are those locations with aquifers present, but which have a surface soil material that encourages runoff, slows water entry into the ground, or provides some filtration of water. Predominant soil series and types are those listed as Category III soils in LCC § 17.38.850.
(2)
If an applicant can demonstrate, through a valid hydrogeological assessment, that a property does not meet the criteria for a Category I, II or III critical aquifer recharge area, the administrator may waive the requirements of this section.
(Ord. 1284 § 4, 2018; Ord. 1370 (Exh. B), 2025)
(1)
Prohibited Activities. The following activities are prohibited in Category I and II areas due to the probability or potential magnitude of adverse effects on ground water:
(c)
Wood product preserving or treatment facilities that allow any portion of the treatment process to occur over permeable surfaces (both natural and manmade).
(d)
Facilities that store, process, or dispose of radioactive substances.
(e)
Dry cleaners or other facilities that store, process, or dispose of chemicals containing perchloroethylene (PCE).
(f)
Gas stations or other facilities that utilize methyl tertiary butyl ether (MTBE).
(g)
Electroplating facilities.
(h)
Other activities that the administrator or health officer determines would:
(i)
Significantly degrade ground water quality;
(ii)
Significantly reduce the recharge of aquifers that are currently used or potentially usable as a potable water source; or
(iii)
Significantly reduce the recharge of an aquifer that acts as a significant source of in-stream river or stream flows.
(iv)
Determination of these potential impacts must be made based on credible scientific information.
(2)
Permitted Activities. The following activities are allowed subject to the submittal of an approved critical aquifer recharge area report; provided, that the proposed use is not prohibited in the critical aquifer recharge area in subsection (1) of this section and the use is permitted within the underlying zoning designation:
(a)
Above- and below-ground storage tanks (tanks and pipes used to contain an accumulation of regulated substances).
(b)
Animal feedlots, animal feeding operations/concentrated animal feeding operations (new or expanded uses).
(c)
Below-ground transformers and capacitors.
(d)
Chemical manufacturing, storage, reprocessing and/or research.
(e)
Development with an on-site domestic septic system at a gross density greater than one system per residence per acre.
(f)
Dry cleaners.
(g)
Facilities that conduct biological research.
(h)
Facilities that store, process, or dispose of radioactive substances.
(i)
Funeral services.
(j)
Gas stations.
(k)
Golf courses.
(l)
Industrial activities such as furniture strippers, painters, finishers; concrete, asphalt, tar, coal, and creosote companies; industrial manufacturers, including but not limited to pesticides/herbicides, paper, leather products, textiles, rubber, plastic/fiberglass, silicone/glass, pharmaceuticals, electrical equipment; metal platers, heat treaters, smelters, annealers, descalers.
(m)
Injection wells.
(n)
Land application activities such as waste-water application (spray irrigation), bio-solid application and hazardous waste application.
(o)
Landfills.
(p)
Medium and large quantity generators (dangerous, acutely hazardous, and toxic extremely hazardous waste).
(q)
Motor vehicle service garages, repair shops, gasoline service stations, auto-washing facilities and/or auto recycling facilities (both private and governmental).
(r)
Petroleum and petroleum product refining, including reprocessing.
(s)
Pipelines.
(t)
Printing and publishing shops (that use printing liquids) and/or photographic processing.
(u)
Regulated waste treatment, storage, disposal facilities that handle hazardous material, including those disposal facilities regulated under an NPDES permit.
(v)
Sawmills (producing over 10,000 board feet per day).
(w)
Solid waste handling and processing.
(x)
Surface mining.
(y)
Wood product preserving or treatment facilities.
(z)
Other uses deemed necessary by the administrator.
(Ord. 1284 § 4, 2018; Ord. 1370 (Exh. B), 2025)
(1)
Required Conditions. Proposed uses and/or activities in critical aquifer recharge areas shall be constructed in accordance with applicable local, state and federal regulations, best management practices, and the guidance and recommendations from the approved critical aquifer recharge area report. A partial list of standards and best management practices for regulated activities are shown in LCC § 17.38.870.
(2)
If the administrator determines that an additional level of protection for a critical aquifer recharge area is necessary, beyond the best management practices and standards listed in LCC § 17.38.870, the administrator may impose additional conditions that ensure that the specific use or activity will not significantly degrade ground water quality or quantity. Such conditions may include, but are not limited to, the following:
(a)
The use of site design or other approaches that limit the amount of impervious surfaces on a project site.
(b)
The preparation of a written management plan for wastewater, hazardous products and hazardous waste, petroleum products and petroleum waste, and/or other materials judged by the administrator to be potentially detrimental to ground water quality.
(c)
The provision of or required upgrade to on-site spill response equipment.
(d)
The use of employee spill response training.
(e)
Emergency service coordination measures.
(f)
Ground water monitoring.
(Ord. 1284 § 4, 2018; Ord. 1370 (Exh. B), 2025)