This article is meant to prevent pollution and maintain water supply, in order to protect Leavenworth's drinking water and serve future growth.
(Ord. 1395 § 1 (Exh. A), 2011; Ord. 1597 § 1 (Att. A), 2019)
Critical aquifer recharge areas (CARAs) are those areas with a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(3). The city designates all areas with a critical recharging effect on aquifers used for potable water, regardless of any formal identification, as CARAs.
(Ord. 1395 § 1 (Exh. A), 2011; Ord. 1597 § 1 (Att. A), 2019)
The city classifies the following as CARAs susceptible to degradation or depletion:
A.
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.
B.
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.
C.
Any sole-source aquifers that may be designated by the U.S. Environmental Protection Agency pursuant to the Federal Safe Drinking Water Act.
(Ord. 1395 § 1 (Exh. A), 2011; Ord. 1597 § 1 (Att. A), 2019)
A.
In determining whether hydrogeological evaluation will be required, the administrator shall consider both the susceptibility of the site, based on the classification in LMC § 16.08.330, and the potential for the proposed alteration to contribute to degradation or depletion of groundwater.
B.
A level one hydrogeologic evaluation meeting the criteria of subsection (D) of this section shall be required for aquifer recharge areas or areas of concern, as determined by the administrator.
C.
A level two hydrogeologic evaluation meeting the criteria of subsection (E) of this section shall be required for any of the following proposed activities:
1.
Activities that result in five percent or more impervious site area.
2.
Activities that divert, alter, or reduce the flow of surface or groundwaters, or otherwise reduce the recharging of the aquifer (please note that, per LMC § 16.08.370, 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).
3.
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.
4.
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.
5.
Aboveground application of sewage or sludge.
6.
New agricultural activities.
7.
Commercial and industrial uses.
8.
Land division, including subdivisions, short subdivisions, planned developments, binding site plans and related developments.
9.
Storage tanks.
10.
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.
12.
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.
D.
A level one hydrogeologic evaluation shall include the following site- and proposal-related information at a minimum:
1.
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.
2.
Groundwater depth, flow direction, and gradient based on available information.
3.
Currently available data on wells and springs within 1,300 feet of the project area.
4.
Location of other critical areas, including surface waters, within 1,300 feet of the project area.
5.
Available historic water quality data for the area to be affected by the proposed activity.
6.
Proposed Best Management Practices. The Stormwater Management Manual for Eastern Washington shall be the preferred guidance for BMPs.
E.
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:
1.
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.
2.
Groundwater monitoring plan provisions.
3.
Discussion of the effects of the proposed project on the groundwater quality and quantity, including:
4.
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.
5.
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.
F.
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 Chelan County Conservation District, WSU Cooperative Extension Agent, and local NRCS field agents.
(Ord. 1395 § 1 (Exh. A), 2011; Ord. 1597 § 1 (Att. A), 2019)
A.
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.
1.
Hazardous materials shall be separated and prevented from entering stormwater drainage systems, septic systems, and drywells.
2.
Hazardous materials shall be managed so that they do not threaten human health or the environment, or enter CARAs.
3.
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.
4.
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.
5.
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.
6.
Stormwater drainage systems and treatment facilities, including, but not limited to, catch basins, wetponds 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.
7.
Wells that are unusable, abandoned, or whose use has been permanently discontinued, or that is in such disrepair that its 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.
8.
Hazardous materials shall be removed from the closing portion of the operation and disposed of in accordance with local, state and federal laws.
(Ord. 1395 § 1 (Exh. A), 2011; Ord. 1597 § 1 (Att. A), 2019)
The following activities and uses are prohibited in CARAs:
A.
Disposal of hazardous or dangerous waste or special waste.
B.
Metals and hard rock mining.
C.
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 70.99.020 that is generated within a medical facility and held for proper disposal.
D.
Other Prohibited Uses or Activities.
1.
Activities that would significantly reduce the recharge to aquifers currently or potentially used as a potable water source;
2.
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); and
3.
Activities that are not connected to an available sanitary sewer system are prohibited from critical aquifer recharge areas associated with sole source aquifers;
4.
Chemical manufacturing and reprocessing;
5.
Creosote/asphalt manufacturing or treatment;
6.
Electroplating and metal coating activities;
7.
Petroleum product refinement and reprocessing;
8.
Storage tanks for petroleum products or other hazardous substances;
9.
Recycling facilities;
10.
Solid waste landfills;
12.
Wood and wood products preserving;
13.
Storage and primary electrical battery processing and reprocessing.
(Ord. 1395 § 1 (Exh. A), 2011; Ord. 1597 § 1 (Att. A), 2019)