The purpose of this chapter is to protect important water supplies from additional degradation originating from land use activities. It is the intent of the chapter that, due to the exceptional vulnerability and susceptibility of the aquifer recharge areas to further contamination, groundwater resources in the aquifer system be safeguarded from hazardous substance and waste pollution. This will be accomplished by controlling or prohibiting land use activities that introduce such pollution hazards within delineated aquifer recharge areas.
(Ord. 1112 § 2, 1992)
A. 
"Animal feed lots"
are sites of land where volumes of animal waste material capable of impacting groundwater resources are deposited.
B. 
"Aquifer"
means a saturated geologic formation which will yield a sufficient quantity of water to serve as a private or public water supply.
C. 
"Aquifer recharge area"
is an area where the potential for contamination of groundwater resources is high.
D. 
"Contaminant"
means any chemical, physical, biological, or radiological substance that does not occur naturally or occurs at concentrations greater than those in natural groundwater.
E. 
"DRASTIC"
is a model developed by the National Water Well Association and the Environmental Protection Agency for use in measuring aquifer susceptibility.
F. 
"Facility"
means all structures, contiguous land, appurtenances, and other improvements on the land used for recycling, reusing, reclaiming, transferring, storing, treating, disposing, or otherwise handling a hazardous substance. This includes underground and above ground tanks and any operations that handle, use, dispose of, or store hazardous substances.
G. 
"Groundwater"
means all water found beneath ground surface, including slowly moving subsurface water present in aquifers and recharge areas.
H. 
"Hazardous substance(s)"
means any liquid, solid, gas, or sludge, including any materials, substance, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste; and including waste oil and petroleum products.
I. 
"Hazardous substance processing or handling"
is use, storage, manufacture, or other land use activity involving hazardous substances. It does not include individually packaged household consumer products or quantities of hazardous substances less than five gallons in volume per container. Hazardous substances shall not be disposed of on site unless in compliance with dangerous waste regulations, Chapter 173-303 WAC, and any applicable local ordinances.
J. 
"Hazardous waste"
means all dangerous waste and extremely hazardous waste as designated pursuant to Chapter 70.105 RCW and Chapter 173-303 WAC as defined below.
K. 
"Dangerous waste"
is any discarded, useless, unwanted, or abandoned substance including, but not limited to, certain pesticides, or any residues or containers of such substances which are disposed of in such a quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes:
1. 
Have short lived, toxic properties that may cause death, injury, or illness or have mutagenic, or carcinogenic properties; or
2. 
Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means.
L. 
"Extremely hazardous wastes"
means waste which:
1. 
Will persist in a hazardous form for several years or more at a disposal site and which in its persistent form presents a significant environmental hazard and may be concentrated by living organisms through the food chain or may affect the genetic make-up of humans or wildlife; and
2. 
Is disposed of at a disposal site in such quantities as would present an extreme hazard to humans or the environment.
M. 
"Hazardous waste treatment and storage facility"
means a facility that treats and stores hazardous waste and is authorized pursuant to Chapter 70.105 RCW and Chapter 173-303 WAC. It includes all contiguous land and structures used for recycling, reusing, reclaiming, transferring, storing, treating, or disposing of hazardous waste. Treatment includes physical, chemical, or biological processing of hazardous wastes to make such waste nondangerous or less dangerous and safer for transport, amenable for energy or material resource recovery. Storage includes the holding of waste for a temporary period but not the accumulation of waste on the site of generation as long as the storage complies with applicable requirements of Chapter 173-303 WAC.
N. 
"On-site treatment and storage facility"
means a facility that treats or stores hazardous wastes generated on the same geographically contiguous property.
O. 
"Off-site treatment and storage facility"
means a facility that treats or stores hazardous wastes generated on property other than those on which the off-site facility is located.
P. 
"Hydrogeologic assessment"
is a report detailing the subsurface conditions of a site and which indicates the susceptibility and potential for contamination of groundwater supplies.
Q. 
"Impervious surface"
is natural or manmade material on the ground that does not allow surface water to penetrate into the soil. Impervious surfaces consist of buildings, parking areas, driveways, roads, sidewalks, and any other areas of concrete, asphalt, plastic, etc.
R. 
"Landfill"
means a disposal facility or part of a facility at which solid waste is permanently placed in or on land and which is not a landspreading disposal facility.
S. 
"Pervious surfaces"
means a surface material that allows stormwater to infiltrate into the ground.
Examples include lawn, landscape, pasture, native vegetation areas, and permeable pavements.
T. 
"Underground tank"
means any one or a combination of tanks (including underground pipes connected thereto) which are used to contain or dispense an accumulation of hazardous substances or hazardous wastes, and the volume of which (including the volume of such substances or waste within the underground pipes) is 10 percent or more beneath the surface of the ground.
(Ord. 1112 § 3, 1992; Ord. 1954 § 24, 2016)
A. 
Aquifer recharge areas are areas where the potential for contamination of groundwater resources is high.
B. 
The city will employ the latest edition of the National Water Well Association and U.S. Environmental Protection Agency's DRASTIC map of Pierce County to identify areas where the potential for contamination of groundwater resources is high. Areas rated and mapped 180 or greater on the DRASTIC index will be included in the aquifer recharge area.
(Ord. 1112 § 4, 1992; Ord. 1566-05 § 22, 2005)
A. 
Permeable Surfaces. Whenever possible, uses that are not otherwise identified as a threat to the aquifer shall provide as much open, permeable surface as possible, and impermeable surfaces shall be minimized to the extent possible consistent with other federal, state, county, and city laws, regulations, and ordinances.
B. 
Hydrogeologic Assessment.
1. 
Because all land areas within the city are designated as aquifer recharge areas, the following activities shall require a hydrogeologic assessment when proposed within the city:
a. 
Hazardous substance processing or handling.
b. 
Hazardous waste treatment and storage facility.
c. 
On-site disposal of sewage for subdivisions and commercial and industrial sites.
d. 
Wastewater treatment plant sludge disposal.
e. 
Animal feed lots.
f. 
Landfills.
g. 
Any other activity that the director determines may have an adverse impact on groundwater quality.
2. 
The hydrogeologic assessment shall include, but is not limited to, the following:
a. 
Information sources.
b. 
Geologic setting. Include well or borings used to identify information.
c. 
Background water quality.
d. 
Groundwater elevations.
e. 
Location/depth to perched water tables.
f. 
Recharge potential of facility site (permeability/transmissivity).
g. 
Groundwater flow direction and gradient.
h. 
Currently available data on wells within 1,000 feet of the site.
i. 
Currently available data on any spring located within 1,000 feet of the site.
j. 
Surface water location and recharge potential.
k. 
Water supply source to facility.
l. 
Any sampling schedules necessary.
m. 
Discussion of the effects of the proposed project on the groundwater resource.
n. 
Other information required by responsible agencies.
3. 
The hydrogeologic assessment shall be prepared by a qualified professional hydrogeologist, geologist, or engineer, licensed in the state of Washington, with experience in hydrogeologic assessments. This assessment shall be in addition to the critical areas report required by FMC 17.05.085.
4. 
Uses requiring a hydrogeologic assessment may be conditioned or denied based on evaluation of the hydrogeologic assessment by the community development director or by an expert accepted by the director. The hydrogeologic assessment must show that the project or use does not present a threat to the aquifer and will not cause contaminants to enter the aquifer.
C. 
Storage Tank Permits.
1. 
Facilities with Underground Tanks (New Underground Tanks).
a. 
All new underground storage facilities used or to be used for the underground storage of hazardous substances or hazardous wastes shall be designed and constructed so as to:
i. 
Prevent releases due to corrosion or structural failure for the life of the tank;
ii. 
Be protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed to include a secondary containment system to prevent the release or threatened release of any stored substance; and
iii. 
Use material in the construction or lining of the tank which is compatible with the substance to be stored.
2. 
Aboveground Tanks.
a. 
No new aboveground storage facility or part thereof shall be fabricated, constructed, installed, used, or maintained in a manner which may allow the release of a hazardous substance to the ground, groundwater, or surface waters of the city.
b. 
No new aboveground storage facility or part thereof shall be fabricated, constructed, installed, used, or maintained without having constructed around and under it an impervious containment area enclosing or underlying the tank or part thereof.
c. 
A new aboveground tank will require a secondary containment system either built into the tank structure or a dike system built outside of the tank for all tanks in the city. The dike shall be so constructed as to be able to contain a sudden discharge of the entire content of the tank as if the tank were filled to capacity, to be contained in such a way as to not permit any of the contents to leave the containment area, or permeate the surface of the ground.
d. 
Any plan for an aboveground tank will include a plan for removal of all materials within the tank should a rupture occur.
(Ord. 1112 § 5, 1992; Ord. 1566-05 § 23, 2005)