14.150.030 Protection standards in aquifer recharge areas

14.150.030 Protection standards in aquifer recharge areas.

A. Exemptions. In addition to the exemptions listed in LMC 14.142.070, the following uses shall be exempt from the requirements of this chapter:

1. Sewer lines and appurtenances.

2. Individual on-site domestic sewage disposal (septic) systems releasing less than 14,500 gallons of effluent per day, subject to permitting by the Tacoma-Pierce County Health Department.

B. Plat Notification. For all proposed short subdivision and subdivision proposals within the City, the applicant shall include a note on the face of the plat. The note shall be as set forth below:

Notice: This subdivision lies within an aquifer recharge area as defined in Chapter 14.150 of the Lakewood Municipal Code. Restrictions on use or alteration of the site may exist due to natural conditions of the site and resulting regulation.

C. Prohibited Activities. Because of high potential for contamination, and low potential for remediation of ground waters used as potable water sources, the following uses of land shall be prohibited within the City of Lakewood:

1. Landfills, including hazardous or dangerous waste, municipal solid waste, special waste, and wood waste. Inert and demolition waste landfills may be permitted subject to the requirements of subsection D of this section.

2. Underground injection wells, except as may be proposed by a public agency for remediation of ground water contamination or aquifer enhancement.

3. Metals mining.

4. New sand and gravel mining.

5. Wood treatment facilities.

6. Storage of more than 70,000 gallons of liquid petroleum or other hazardous substance.

D. Regulated Activities. The following land uses may only be permitted after review and approval of a hydrogeological assessment by the Tacoma-Pierce County Health Department. Uses requiring a hydrogeological assessment may be conditioned or denied based upon the TPCHD’s evaluation of the hydrogeologic assessment. Other state and federal regulations pertaining to the specific activities listed should be referenced in the hydrogeologic assessment and agency review:

1. Aboveground storage tanks (WAC 173-303-640);

2. Automobile washing facilities (Chapter 173-216 WAC, DOE Publication WQ-R-95-56);

3. Below-ground storage tanks (Chapter 173-360A WAC);

4. Residential structures housing three or more units and utilizing on-site septic systems (Chapter 246-272 WAC, TPCHD Regulations);

5. Sludge land application sites categorized as S-3, S-4 and S-5, as defined above;

6. Animal containment area (Chapters 173-216 and 173-220 WAC);

7. Inert and demolition waste landfills (Chapter 173-304 WAC);

8. Facilities with the potential to generate hazardous waste, including, but not limited to, boat repair facilities, biological research facilities, dry cleaners, furniture stripping, motor vehicle service garages, photographic processing, and printing shops (Chapter 173-303 WAC).

E. Storage Tank Permits. The Fire Marshal specifically regulates and authorizes permits for underground storage tanks, pursuant to the Uniform Fire Code (Article 79) and this chapter. The Washington Department of Ecology also regulates and authorizes permits for underground storage tanks (Chapter 173-360A WAC). The TPCHD regulates and authorizes permits for the removal of underground storage tanks (Pierce County Code, Chapter 8.34).

1. Facilities with Underground Tanks – New Underground Tanks. 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:

a. Prevent releases due to corrosion or structural failure for the operational life of the tank;

b. 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

c. Use material in the construction or lining of the tank which is compatible with the substance to be stored.

d. The installation of underground storage tanks shall also be subject to state and local permit requirements.

a. No new aboveground storage facility or part thereof shall be fabricated, constructed, installed, used, or maintained in any manner which may allow the release of a hazardous substance to the ground, ground waters, or surface waters of Lakewood within an aquifer recharge area.

b. No new aboveground tank or part thereof, with the exception of tanks for potable water, 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 that will contain hazardous substances shall be of double wall construction and shall include a secondary containment system separate from the tank that will hold 110 percent of the tank’s capacity. The secondary containment system must be designed and constructed to contain the material stored in the tank. [Ord. 362 § 3, 2004.]