Potable water is an essential life-sustaining element for humans and many other species. Much of Jefferson County's drinking water comes from groundwater supplies. Critical aquifer recharge areas are important to ensure the quality and quantity of groundwater in aquifers. Preventing contamination from land uses that may contaminate groundwater is necessary to protect water supplies and avoid exorbitant costs, hardships and physical harm to people and ecosystems. It is the purpose of this article to identify and classify aquifer recharge areas in accordance with WAC 365-190-100 and balance competing needs for land uses and clean water supplies and preserve essential natural functions and processes, especially for maintaining critical fish and wildlife habitat conservation areas.
(Ord. 5-20 § 2 (Appx. A))
Critical aquifer recharge areas are areas with a critical recharging effect on aquifers used for potable water, including areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of the water, or is susceptible to reduced recharge. Critical aquifer recharge area maps shall be periodically revised, modified, and updated to reflect current information.
The following classifications define critical aquifer recharge areas:
(1) 
Susceptible Aquifer Recharge Areas. Susceptible aquifer recharge areas are those with geologic and hydrologic conditions that promote rapid infiltration of recharge waters to groundwater aquifers. For the purposes of this article, unless otherwise determined by preparation of an aquifer recharge area report authorized under this article, the following geologic units, as identified from available Washington Department of Natural Resources geologic mapping, define susceptible aquifer recharge areas for east Jefferson County:
(a) 
Alluvial fans (Ha);
(b) 
Artificial fill (Hx);
(c) 
Beach sand and gravel (Hb);
(d) 
Dune sand (Hd);
(e) 
Floodplain alluvium (Hf);
(f) 
Vashon recessional outwash in deltas and alluvial fans (Vrd);
(g) 
Vashon recessional outwash in melt water channels (Vro);
(h) 
Vashon ice contact stratified drift (Vi);
(i) 
Vashon ablation till (Vat);
(j) 
Vashon advance outwash (Vao);
(k) 
Whidbey formation (Pw); and
(l) 
Pre-Vashon stratified drift (Py).
(2) 
Special Aquifer Recharge Protection Areas. Special aquifer recharge protection areas include:
(a) 
Sole-source aquifers designated by the U.S. Environmental Protection Agency in accordance with the Safe Drinking Water Act of 1974 (42 U.S.C. 300f et seq.), such as Marrowstone Island;
(b) 
Special protection areas designated by the Washington Department of Ecology under Chapter 173-200 WAC;
(c) 
Wellhead protection areas determined in accordance with delineation methodologies specified by the Washington Department of Health under authority of Chapter 246-290 WAC;
(d) 
Groundwater management areas designated by the Washington Department of Ecology in cooperation with local government under Chapter 173-100 WAC.
(3) 
Seawater Intrusion Protection Zones (SIPZ).
(a) 
Seawater intrusion protection zones are:
(i) 
Aquifers and land overlying aquifers with some degree of vulnerability to seawater intrusion. SIPZ are defined either by proximity to marine shoreline or by proximity to groundwater sources that have demonstrated high chloride readings.
(ii) 
All islands and land area within one-quarter mile of marine shorelines and associated aquifers together compose the coastal SIPZ.
(b) 
High Risk SIPZ.
(i) 
Existing individual groundwater sources with a history of chloride analyses above 200 mg/L are categorized as a high risk SIPZ for development proposed under this code.
(ii) 
Areas within 1,000 feet of a groundwater source with a history of chloride analyses above 200 milligrams per liter (mg/L) are categorized as a high risk SIPZ for development proposed under this code.
(c) 
At Risk SIPZ. Areas within 1,000 feet of a groundwater source with a history of chloride analyses above 100 milligrams per liter (mg/L) are categorized as at risk SIPZ for development proposed under this code.
(4) 
Connate Seawater Exception. In some cases, high chloride readings may be indicative of connate seawater (i.e., relic seawater in aquifers as opposed to active seawater intrusion). When best available science or a hydrogeologic evaluation demonstrates that high chloride readings in a particular area are due to connate seawater, the area in question shall not be considered an at risk or high risk SIPZ.
(5) 
Recommendation from Public Health Department. When the status of an area as either a high risk or an at risk SIPZ is in question, the administrator is responsible for making the determination based upon recommendation from the Jefferson County department of public health.
(Ord. 5-20 § 2 (Appx. A))
This article applies to any development within critical aquifer recharge areas, unless the proposed activity meets any of the exemptions listed in JCC § 18.22.230.
(1) 
Other Activities. The following activities, when proposed in a critical aquifer recharge area shall be subject to the protection standards in this article:
(a) 
All industrial and commercial land uses with the potential to impact groundwater;
(b) 
The following rural residential land uses:
(i) 
Those using a locally managed community sewage system;
(ii) 
Those using a large on-site sewage system meeting the management requirements of the Washington Department of Health; and
(iii) 
All planned rural residential developments.
(Ord. 5-20 § 2 (Appx. A))
The following protection standards shall apply to activities; provided, the activity is not prohibited in JCC § 18.22.320.
(1) 
Critical Aquifer Recharge Area High Impact Activities.
(a) 
High Impact Activities Listed. The activities listed in Table 18.22.330(1) are high impact activities due to the probability or potential magnitude of their adverse effects on groundwater.
Table 18.22.330(1) – Critical Aquifer Recharge Area High Impact Activities
Critical Aquifer Recharge Area High Impact Activities
Chemical manufacturing and reprocessing
Creosote/asphalt manufacturing or treatment (except that asphalt batch plants may be permitted in susceptible aquifer recharge areas only if such areas lie outside of special aquifer recharge protection areas and only if best management practices are implemented pursuant to JCC § 18.20.240(2)(h)(iv) and § 18.30.170(1) and an accepted aquifer recharge area report)
Dry cleaners
Electrical battery processing, reprocessing or storage
Electroplating and metal coating activities
Hazardous substance disposal, storage, and treatment facilities
Junk and salvage yards
Landfills
Petroleum product refinement and reprocessing
Pipelines
Radioactive disposal or processing of radioactive wastes
Recycling centers or recycling collection facilities as defined in JCC § 18.10.180
Storage tanks (above or below ground) for hazardous substances or petroleum products
Waste piles as defined in WAC 173-303-660
Wood and wood products preserving
(b) 
High Impact Activities Prohibited in Areas Classified as Both a Susceptible Aquifer Recharge Area and a Special Aquifer Recharge Protection Area. High impact activities shall be prohibited in areas that are classified as both a susceptible aquifer recharge area and a special aquifer recharge protection area.
(c) 
High Impact Activities Proposed in Areas Classified Solely as a Susceptible Aquifer Recharge Area Require a Critical Aquifer Recharge Area Report. When high impact activities are proposed for a susceptible aquifer recharge area, a critical aquifer recharge area report that meets all the requirements of JCC § 18.22.930 shall be submitted to the department for review.
(d) 
High Impact Activities Proposed in Areas Classified Solely as a Special Aquifer Recharge Protection Area Require a Critical Aquifer Recharge Area Report. When high impact activities are proposed for a special aquifer recharge protection area, a critical aquifer recharge area report that meets all the requirements of JCC § 18.22.930 shall be submitted to the department for review.
(2) 
Seawater Intrusion Protection Zones. New development, redevelopment, and activities on islands and in close proximity to marine shorelines where there is a risk or a high risk of seawater intrusion should be developed in such a manner to maximize aquifer recharge, maintain the saltwater/freshwater balance to the maximum extent possible, and are subject to the antidegradation policy in accordance with WAC 173-200-030 (Antidegradation Policy).
(3) 
Stormwater Disposal.
(a) 
Stormwater runoff shall be controlled and treated in accordance with best management practices and facility design standards as identified and defined in the current Stormwater Management Manual for Western Washington and the stormwater provisions contained in Chapter 18.30 JCC. To the extent practicable, stormwater should be managed in a way that facilitates aquifer recharge.
(b) 
To help prevent seawater from intruding landward into aquifers, all new development activity on Marrowstone Island and within one-quarter mile of any marine shoreline shall be required to infiltrate all stormwater runoff on site, except for those areas within the Port Ludlow Drainage District. The administrator will consider requests for exceptions to this policy on a case-by-case basis; provided a critical aquifer recharge area report that complies with all the requirements of JCC § 18.22.930 demonstrates the project does not pose a threat of seawater intruding landward into aquifers.
(4) 
Golf Courses and Other Turf Cultivation.
(a) 
Golf courses shall be developed and operated in a manner consistent with the most current edition of "Best Management Practices for Golf Course Development and Operation," King County department of development and environmental services.
(b) 
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. In seawater intrusion protection zones, golf courses and other turf cultivation using groundwater for irrigation shall be prohibited, unless the water source is located outside of seawater intrusion protection zones or in an approved public water supply.
(5) 
Above-Ground and Underground Storage Tanks.
(a) 
Above-ground and underground storage tanks shall be fabricated, constructed, installed, used and operated in a manner which prevents the release of hazardous substances to the ground or groundwater and is consistent with the Washington Department of Ecology's standards for construction and installation under Chapter 173-360A WAC.
(b) 
Above-ground storage tanks intended to hold or store hazardous substances shall be provided with an impervious containment system, 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.
(c) 
Underground storage tanks intended to store hazardous substances shall provide an impervious tertiary containment system underlying the tanks or ensure that other measures are undertaken which provide an equivalent measure of protection.
(d) 
When required under this section, an impervious containment system must be durable, compatible with the substance it is meant to contain, and large enough to contain a volume equal to 10 percent of all containers, or 110 percent of the largest single container, whichever is greater.
(6) 
Mining and Quarrying. For mining and quarrying, required performance standards with 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, where allowed, are contained in Chapters 18.20 and 18.30 JCC.
(7) 
Hazardous Substances. Activities that generate, handle, store, or use hazardous substances, which are not prohibited outright under this code, and which are conditionally exempt from regulation by the Washington Department of Ecology under WAC 173-303-100 (Dangerous Waste Criteria), or which generate, handle, store or use hazardous substances, shall be required to prepare and submit a hazardous substances management plan that demonstrates that the development will not have an adverse impact on groundwater quality. The hazardous substances management plan shall describe the following:
(a) 
How hazardous substance(s) will be managed in a manner consistent with Chapter 8.10 JCC and Chapter 173-303 WAC;
(b) 
Screening of any waste suspected of being a regulated dangerous waste as defined in JCC § 8.10.100;
(c) 
Requirements for labeling of containers holding hazardous substances with the name of the hazardous substance(s) and the applicable material safety data sheets; and
(d) 
The secondary containment system to be used to prevent releases of hazardous substances to the ground, groundwater, and surface water.
The facility owner must update the hazardous materials management plan annually and provide the updated plan to the department on or before the next January 1st, after the plan is updated.
(8) 
Well Drilling, Subdivisions, and Building Permits in Seawater Intrusion Protection Zones (SIPZ).
(a) 
Well Drilling. The Washington Department of Ecology regulates well drilling pursuant to the Water Well Construction Act. Proposed wells, including those exempt from permitting requirements, must be sited at least 100 feet from "known or potential sources of contamination," which include "sea-salt water intrusion areas" (WAC 173-160-171), unless a variance is obtained from the Washington Department of Ecology per WAC 173-160-106.
(b) 
Subdivisions. Applications for land division (Chapter 18.35 JCC) in coastal, at risk, and high risk SIPZ must include specific and conclusive proof of adequate supplies of potable water and the applicant must provide a special report that satisfies all the requirements or a hydrogeologic evaluation contained in JCC § 18.22.930(2)(b) that demonstrates that the creation of new lots and corresponding use of water will not cause degradation of the aquifer by seawater intrusion. A hydrogeologic evaluation shall not be required when the applicant demonstrates that public water is available for the entire project.
(c) 
Marrowstone Island. Due to documented seawater intrusion on Marrowstone Island and the existence of undeveloped lots of record, the department, in consultation with Jefferson County environmental public health will only allow land division on the island if public water connections are provided to each lot of a proposed project and all existing wells within the project site are decommissioned. No permit shall be approved if a public water connection to each lot of a proposed project cannot be provided.
(d) 
Building Permits.
(i) 
Evidence of potable water may be an individual well, connection to a public water system, or an alternative system. Whatever method is selected, the regulatory and operational standards for that method must be met and the department will work in consultation with the Jefferson County public health department. Identification of well interference problems and impairment to senior rights is the responsibility of the Washington Department of Ecology. If the possibility of a problem is suspected, the local permitting authority should contact the Washington Department of Ecology, as required by RCW 19.27.097.
(ii) 
All types of building permits that require proof of potable water use, as per RCW 19.27.097, are subject to this article.
(e) 
Voluntary and mandatory measures of the Jefferson County seawater intrusion policy apply to applications within the coastal, at risk, and high risk SIPZ, and upon Marrowstone Island, in the following manner, in addition to all existing applicable health codes:
(i) 
Coastal SIPZ.
(A) 
Voluntary Actions. Voluntary actions may include but are not limited to:
(I) 
Water conservation measures;
(II) 
Ongoing well monitoring for chloride concentration; and
(III) 
Submittal of data to the county.
(B) 
Mandatory Actions.
(I) 
For proof of potable water on a building permit application, applicant must utilize DOH-approved public water system if available;
(II) 
If public water is unavailable, meaning the subject property is not within a current water service area, an individual well may be used as proof of potable water subject to the following requirements:
1. 
Chloride concentration of a laboratory-certified well water sample submitted with building permit application; and
2. 
Installation of source-totalizing meter (flow);
(III) 
If public water is unavailable, a qualifying alternative system may be used as proof of potable water.
(ii) 
At Risk SIPZ.
(A) 
Voluntary Actions.
(I) 
Water conservation measures.
(B) 
Mandatory Actions.
(I) 
For proof of potable water on a building permit application, the applicant must utilize a Washington Department of Health-approved public water system if available;
(II) 
If public water is unavailable, meaning the subject property is not within a current water service area, an individual well may be used as proof of potable water subject to the following requirements:
1. 
Chloride concentration of a laboratory-certified well water sample submitted with building permit application;
2. 
Installation of a source-totalizing meter (flow); and
(III) 
If public water is unavailable, a qualifying alternative system may be used as proof of potable water.
(iii) 
High Risk SIPZ.
(A) 
Mandatory Actions.
(I) 
Water conservation measures;
(II) 
For proof of potable water on a building permit application, applicant must utilize a Washington Department of Health-approved public water system if available;
(III) 
If public water is unavailable, meaning the subject property is not within a current water service area, an individual well may only be used as proof of potable water subject to the following requirements:
1. 
Variance from the WAC Title 173 standards granted by the Washington Department of Ecology per WAC 173-160-106 for a new groundwater well within 100 feet of a sea-salt water intrusion area per WAC 173-160-171 (i.e., within 100 feet of a groundwater source showing chloride concentrations above 200 mg/L or within 100 feet of the marine shoreline) and with the submittal of a hydrogeologic evaluation that satisfies all the requirements or a hydrogeologic evaluation contained in JCC § 18.22.930(2)(b);
2. 
For an existing groundwater well not subject to a Washington Department of Ecology variance, the applicant must provide a hydrogeologic evaluation that satisfies all the requirements or a hydrogeologic evaluation contained in JCC § 18.22.930(2)(b), which shall be transmitted to the Washington Department of Ecology for review, demonstrating that use of the well does not cause any detrimental interference with existing water rights and is not detrimental to the public interest;
3. 
Chloride concentration of a laboratory-certified well water sample submitted with building permit application;
4. 
If chloride concentration exceeds 250 mg/L in a water sample submitted for a building permit, then the property owner shall be required to record a restrictive covenant that indicates a chloride reading exceeded the U.S. Environmental Protection Agency secondary standard (250 mg/L) under the National Secondary Drinking Water Regulations;
5. 
Installation of a source-totalizing meter flow;
6. 
Ongoing well monitoring for chloride concentration; and
7. 
Submittal of flow and chloride data to the county per monitoring program; and
(IV) 
If public water is unavailable, a qualifying alternative system may be used as proof of potable water.
(iv) 
Marrowstone Island. Since Marrowstone Island is a sole source aquifer and a high risk SIPZ, and the island is served by public water, proof of potable water connection to the public water supply will be required for all lots in the project.
(9) 
Mitigating Conditions. The administrator may require additional mitigating conditions, as needed to provide protection to all critical aquifer recharge areas and 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.
(10) 
Results of Department's Review of a Critical Aquifer Recharge Area Report, a Hydrogeologic Evaluation or a Hazardous Substances Management Plan. The department shall review a critical aquifer recharge area report, a hydrogeologic evaluation or a hazardous substances management plan and either:
(a) 
Accept the critical aquifer recharge area report, the hydrogeologic evaluation or the hazardous substances management plan and approve the application; or
(b) 
Reject the critical aquifer recharge area report, the hydrogeologic evaluation or the hazardous substances management plan and require revisions or additional information.
(11) 
Authority for Denial. In all critical aquifer recharge areas, the administrator may deny approval if the protection standards contained in this section or added mitigating conditions cannot prevent significant adverse groundwater quality impacts.
(Ord. 5-20 § 2 (Appx. A))