This article applies to all development proposals within designated areas with a critical recharging effect on aquifers used for potable water.
(Ord. 342 § 710, 1992)
Development permitted on lands or shorelands designated as having a critical recharging effect on aquifers used for potable water shall be the same as those permitted in the underlying zoning classification subject to the restrictions and standards of this chapter and article.
(Ord. 342 § 720, 1992)
(1)
Classification. All city of Forks lands and shorelands shall be classified as having either a high, moderate or low aquifer recharge potential. At a minimum, classification shall be based on soil permeability as described within the soil survey of Clallam County. Where adequate information is available, aquifer recharge potential shall be further classified based on the recharge potential of surficial geologic materials, depth to ground water, and topography (i.e., slopes). Lands classified as having a high, moderate or low aquifer recharge potential shall also be classified as having a high, moderate or low susceptibility to contamination of an underlying aquifer, respectively. Based on these criteria, the potential for recharging aquifers or transmitting contaminants to the underlying aquifer is greatest where the aquifer is close to the ground surface, where ground surface slopes are minimal, and where the recharge potential of the soils and/or surficial geologic material is greatest.
(2)
Designation. All lands and shorelands classified as high aquifer recharge potential and aquifer susceptibility are hereby designated as areas with critical recharging effect or aquifers used for potable water.
(Ord. 342 § 730, 1992; Ord. 355 § 3, 1993)
The following protection standards shall apply to the regulated uses outlined below designated as areas with a high PAO recharging effect on aquifers used for potable water.
(1)
Aboveground Storage Tanks or Vaults. Aboveground storage tanks or vaults for the storage of hazardous substances or dangerous wastes as defined in Chapter 173-303 WAC, or any other substances, solids or liquids in quantities identified by the city of Forks, consistent with Chapter 173-303 WAC, as a risk to ground water quality, shall be designed and constructed so as to:
(a)
Prevent the release of a hazardous substance to the ground, ground waters or surface waters;
(b)
Have constructed around and under it an impervious containment area enclosing or underlying the tank or part thereof. Impervious containment shall be greater than the volume of the tank to avoid an overflow of the containment area;
(c)
Provide for release detection;
(d)
Provide written spill response and spill notification procedures to the local fire district.
(2)
Agricultural Activities. Agricultural activities, including commercial and hobby farms, are encouraged to incorporate best management practices concerning animal keeping, animal waste disposal, fertilizer use, pesticide use, and stream corridor management.
(3)
Land Divisions. Subdivisions, short subdivisions and other divisions of land shall be evaluated for their impact on ground water quality. The following measures may be required as determined by the city of Forks city council:
(a)
An analysis of the potential nitrate loading to the ground water may be required to assess the impact on ground water quality.
(b)
Alternative site designs, phased development and/or ground water quality monitoring may be required to reduce contaminant loading where site conditions indicate that the proposed action will measurably degrade ground water quality.
(c)
Open spaces may be required on development proposals overlying areas highly susceptible for contaminating ground water resources.
(d)
Community/public water systems and community drainfields are encouraged and may be required where site conditions indicate a high degree of potential contamination to individual wells from on-site or off-site sources.
(e)
Where wells are required to be abandoned, the applicant shall ensure that they are abandoned according to state guidelines.
(4)
Landfills, Junk Yards, Etc. Landfills, junk yards, salvage yards, auto wrecking yards, and other solid waste disposal facilities, other than brush and stumps, sawdust, and inert construction debris, shall demonstrate that such facilities will not significantly impact ground water resources. In order to make such determination, the review authority or administrator may require the filing of a hydrologic report addressing one or more of the following:
(a)
Geologic setting and soils information of site and surrounding area;
(b)
Water quality data, including pH, temperature, conductivity, nitrates, and bacteria;
(c)
Location and depth to perched water tables;
(d)
Recharge potential of facility site (permeability/transmissivity);
(e)
Local ground water flow, direction and gradient;
(f)
Location, depth and other water quality data mentioned in subsection (4)(b) of this section on the three shallowest wells or springs located within 1,000 feet of site;
(g)
Surface water locations within 1,000 feet of the site;
(h)
Discussion of the effects of the proposed project on ground water quality and quantity; and
(i)
Recommendations on appropriate mitigations, if any, to assure that there shall be no significant degradation of ground water quality or quantity.
All lands on which the report indicates the proposed development could negatively impact the quality of the aquifer shall be prohibited unless the report can demonstrate conclusively that these negative impacts would be overcome in such a manner as to prevent adverse impacts on the ground water. |
The city of Forks city council may require that the report shall be prepared by a person or persons with experience in hydrogeologic assessment and shall derive his/her livelihood from employment in hydrogeology or a related field. The city of Forks city council may also require that the person shall also be knowledgeable in the effect of the proposed development on water quality. |
(5)
Stormwater Standards for Commercial and Industrial Uses. All new commercial and industrial land uses which either (a) have greater than 5,000 square feet of impervious area, or (b) handle, store, dispose, transport, or generate hazardous substances/wastes defined as dangerous or extremely dangers wastes under Chapter 173-303 WAC (regardless of quantity), which may come in contact with stormwater runoff including, but not limited to, gas stations and distributors, car washes, trucking companies, and paint shops, shall remove contaminants prior to their point of entry into surface or ground water resources using available and reasonable best management practices. Standard drywells are prohibited. Maintenance of stormwater facilities must be assured as a permit condition of the review authority.
(6)
Underground Storage Tanks and Vaults. Underground storage tanks and vaults used for the storage of hazardous substances or dangerous wastes as defined in Chapter 173-303 WAC as a risk to ground water quality shall be designed and constructed so as to:
(a)
Prevent releases due to corrosion or structural failure for the operational life of the tank or vault;
(b)
Be cathodically protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed in a manner to prevent the release or threatened release of any stored substance;
(c)
Use material in the construction or lining of the tank which is compatible with the substance to be stored;
(d)
Provide for release detection method(s); and
(e)
Provide written spill response and spill notification procedures to the local fire district.
(7)
Utility Transmission Facilities. Utility facilities which carry oil, gas or any other hazardous substance shall require information required in subsection (4) of this section for landfills in addition to spill prevention measures and an emergency spill management plan.
(8)
Sewage Effluent and Sludge Disposal. Sewage and sludge disposal shall be prohibited on lands having a high aquifer recharge potential and aquifer susceptibility and shall be provided information as required for landfills and be carefully evaluated on lands having a moderate aquifer recharge potential and aquifer susceptibility.
(Ord. 342 § 740, 1992; Ord. 355 § 4, 1993)