HomeMy WebLinkAboutDecision Planner 1/21/2020SPRINGFIELD
TYPE I DRINKING WATER PROTECTION
STAFF REPORT & DECISION @
OREGON
Project Name: Drinking Water Protection Overlay (DWP)for
Octave Labs
Project Proposal: The applicant has submitted a Drinking Water
Protection (DWP) permit in order to establish a hemp processing
facility.
Case Number: 811-20-000214-WPl
Project Location: 720 35th Street
Map 17-02-37-27, IL 2607
DWP Time of Travel Zone: SP Well, 10-20 Year
Application Submitted Date: November 6, 2020
Decision lssued Date: January 27,2020
Recommendation: Approved with Conditions
Associated Applications: n/a
CITY OF SPRINGFIELD DEVETOPMENT REVIEW TEAM
APPLICANTS DEVELOPMENT REVIEW TEAM
DECISION, APPROVED WITH CONDITIONS: The standards of the Springfield Development Code (SDC) applicable
to each criterion are listed herein and are satisfied by the submitted plans and notes unless specifically noted
with findings and conditions necessary for compliance.
OTHER USES AUTHORIZED BY THE DECISION: None. Future development will be in accordance with the
provisions of the SDC, filed easements and agreements, and all applicable local, state and federal regulations.
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POStTtON REVIEW OF NAME PHONE
Project Manager Planning Drew Larson 541-736-1003
Deputy Fire Marshal Fire and Life Safety Eric Phillips-Meadow 547-736-7036
Building Official Building Chris Carpenter 547-744-7153
Drinking Water Protection Drinking Water Source Amy Chinitz 541-744-374s
Applicant Property Owner
Jon Nakagawa
Octave Labs LLC
720 35th Street, Unit A
Springfield, OR97478
Gary Martin
Black Label LLC
79 Centennial Loop
Eugene, OR 97401
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REVIEW PROCESS: This application is reviewed under Type I procedure listed in SDC 5.1-125. This application
was accepted as complete on November 5, 2020. This decision is issued on the 75th day of the 120 days
mandated by the state.
SITE INFORMATION: The site is located at72O 35th Street and currently contains two units; one containing a
hemp processor and a the second is currently vacant. The subject property is located within the 10 Year Time of
Travel Zone for Springfield's SP Wellhead. Nearly one hundred percent of Springfield's drinking water comes
from wells. Springfield's drinking water supply and water quality protection is a critical part of Springfield's
Drinking Water Protection Plan. A Drinking Water Protection Overlay District application is required in
conjunction with any development application when the development will affect the storage, handling,
treatment, use and/or production of hazardous materials that, in aggregate, pose a risk to groundwater (SDC
3.3-2os.B).
CRITERIA OF TENTATIVE PIAN APPROVAT:
Submittal Standards
Springfield Development Code 3.3-225.D sets standards for review materials:
1. A Hazardous Material lnventory Statement and a Material Safety Data Sheet (MSDS) for any or all
materials entered in the Statement unless exempted under Section 3.3-230. Hazardous material
weights shall be converted to volume measurement for purposes of determining amounts - 10 pounds
shall be considered equal to 1 gallon in conformance with Springfield Fire Code 2703.L,2;
Finding: The applicant has prepared written application materials in consultation with City and SUB staff
which were submitted for review and are made a part of this decision by reference here.
Finding: The applicant has prepared and submitted an HMIS.
2. A list of the chemicals to be monitored through the analysis of groundwater samples and a monitoring
schedule if ground water monitoring is anticipated to be required;
Finding: The applicant has stated that Groundwater Monitoring is not required.
Finding: Comment from Amy Chinitz confirmed that Groundwater Monitoring is not required.
3. A deta iled description of the activities cond ucted at the facility that involve the storage, ha ndling,
treatment, use or production of hazardous materials in quantities greater than the maximum allowable
amounts as stated in 3.3-235.A;
Finding: The applicant has stated that quantities will not exceed the maximum allowable amounts as
stated in 3.3-235.A.
Finding: Comment from Amy Chinitz confirmed that the applicant will not exceed the maximum
allowable amounts and therefore is not required.
4. A description of the primary and any secondary containment devices proposed, and, if applicable, clearly
identified as to whether the devices will drain to the storm or sanitary sewer;
Finding: The applicant has stated that primary and secondary containment will be installed on site. The
containers will be either an approved flammable cabinet, an approved caustic chemical cabinet, or and
original container inside a berm that is large enough to hold the contents of the original container.
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Finding: Amy Chinitz confirmed that the applicant has prepared and submitted a description of the
primary and secondary containment devices.
5. A proposed Hazardous Material Management Plan for the facility that indicates procedures to be
followed to prevent, control, collect and dispose of any unauthorized release of a hazardous material;
Finding: The applicant has submitted an HMMP, employee Hazard Communications Plan, and copies of
related standard operating procedures (SOPs).
Finding: The HMMP further details emergency contacts and proper disposal methods.
6. A description of the procedures for inspection and maintenance of containment devices and emergency
equipment;
Finding: See approval criterion 5 below.
7. A description of the plan for disposition of unused hazardous materials or hazardous material waste
products over the maximum allowable amounts including the type of transportation, and proposed
routes.
Finding: Section lV of the HMMP states that some materials, such as acid solutions and solvents, will be
recycled through the Lane County business CEG program. Octave Labs will use Northwest Hazmat and
the Lane County collection facility for disposal of flammable materials and hazardous waste, including
used vacuum oil, small amounts of acid solution, small amounts of solvents such as pentane and hexane,
and small amounts of lubricants.
Approval Standards
Springfield Development Code 3.3-235.C sets the standards for the 5 - 10 Year Time of Travel Zone
The Five to Ten Year TOTZ Standards.
1. The storage, handling, treatment, use, production or keeping on premises of more than 20 gallons of
hazardous materials that pose a risk to groundwater in aggregate quantities is allowed only upon
compliance with containment and safety standards specified by the most recent Fire Code adopted by
the City.
Finding: The applicant has prepared and submitted an HMIS for the project. Comment from Amy Chinitz,
Drinking Water Source Protection Coordinator, states that the HMIS included in the HMMP
demonstrates that in the aggregate more than 20 gallons of hazardous materials that pose a riskto
groundwater will be used and/or stored on site. The applicant proposes to have on site 1"70 gallons of
isopropyl alcohol, 24 gallons of benzene, 56 gallons of ethylene glycol, and smaller quantities of 18 other
chemicals.
Finding: Comment received from Eric Phillips-Meadow, Deputy Fire Marshal, stating flammable liquids
container storage shall meet the requirements of Springfield Fire Code sections 5704.3.1thorough
5704.3.3 (Attachment A). These requirements will be field verified by a Deputy Fire Marshal during a
joint inspection with Amy Chinitz of Springfield Utility Board.
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CONDITIONS OF APPROVAL:
1) Final DWP approval shall be contingent on demonstration of compliance with
containment and safety standards specified by the most recent Fire Code adopted by
the City.
2l All flammable liquid containers shall meet the requirement of Springfield Fire Code,
Sections 8704.3.1through 5704.3.3 and shall be field verified by the Springfield Deputy Fire
Marshal.
2. All hazardous or other materials that pose a risk to groundwater shall be stored in areas with approved
secondary containment in place (Springfield Fire Code 2702.L and 2704.2.2).
Finding: Section lll(A) of the applicant's HMMP addresses the secondary containment requirement. The
applicant proposes four hazardous material storage areas: (1) caustic chemical storage cabinet, (2)
flammable cabinet storage cabinet, (3) flammable chemical storage room 1, and (4) flammable chemical
storage room 2. The proposed methods of secondary containment are approved cabinet, and large spill
containment trays. The DWP submittal includes photos of all the proposed secondary containment
devices.
Finding: The facility plan included in the HMMP indicates that spill kits will be stationed at two separate
locations. The DWP submittal includes photos of the proposed spill kits.
CONDITIONS OF APPROVAL:
3) Hiehly visible identifying signage shall be posted at the spill kits.
4l Any spill or release of hazardous material that takes place outside the building shall be
responded to according to the procedures outlined in the HMMP and standard operating
procedures. !mmediate measures shall be taken to protect spilled materials from entering the
ground and/or storm drains.
3. All new use of DNAPLs are prohibited.
Finding: Section ll of the HMMP states that "Products containing DNAPLs are prohibited. Any new
materials proposed for use or storage shall be evaluated for DNAPLs by the Springfield Utility Board
Water Quality Protection Coordinator."
Finding: The applicant has not proposed to use or store any DNAPL-containing products.
CONDITION OF APPROVAT:
5l Any product that is determined by SUB to contain DNAPLs shall be permanently removed
from the HMIS and from the facility.
4. Any change in type of use or an increase in the maximum daily inventory quantity of any DNAPL is
considered a new use and is prohibited.
Finding: See Section (3) above. The applicant does not have any existing uses of DNAPLs.
5. The following requirements for inspection and record keeping procedures for monthly in-house
inspection and maintenance of containment and emergency equipment for all amounts of hazardous or
other materials that pose a risk to groundwater shall be met unless exempted: Schedules and
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procedures for inspecting safety and monitoring and emergency equipment. The applicant shall develop
and follow a written inspection procedure acceptable to the Director for inspecting the facility for
events or practices which could lead to unauthorized discharges or hazardous materials. An inspection
check sheet shall be developed to be used in conjunction with routine inspections. The check sheet shall
provide for the date, time, and location of inspection; note problems and dates and times of corrective
actions taken; and include the name of the inspector and the countersignature of the designated safety
manager for the facility.
Finding: Section V of the HMMP describes the facility's policy for monthly inspection and record-keeping
procedures. lnspections will be performed weekly, with a more detailed inspection taking place
monthly. Both the weekly and monthly inspection check sheets are attached to the HMMP.
Finding: Supervisors or their designee will perform inspections, with sign-offs performed by a supervisor
or manager. Completed forms will be kept in the lnspection Form file in the Quality Control files. Forms
will be retained for a minimum of three years.
Finding: The HMMP follows the standard procedure for notification of a hazardous material release in
Springfield, to call 911, which dispatches information to SUB. Following this procedure is important
because SUB needs to be notified as soon as possible if a chemical release has the potential to
contaminate a drinking water supply well(s).
CONDITION OF APPROVAL:
5) The applicant shall implement monthly inspections and record-keeping according to the
procedures and policies described in the HMMP.
Springfield Development Code 3.3-235:
The Director may attach conditions of approval that will minimize negative impacts of regulated substances on
groundwater and ensure that the facility or the proposed development can fully meet the standards specified in
Section 3.3-235. These conditions may include, but are not limited to: on-site monitoring wells, Wellhead
Protection Area signs, special storm water facilities or other conditions to address specific risks associated with
the proposed development.
CONDITIONS OF APPROVAT:
7l A copy of the most updated, dated, and signed HMMP shall always be kept on the premises.
8) One standard Springfield wellhead protection signs shall be posted at the facility's front door.
9) Documentation of completion of staff training on the training topics listed in Section Xlll of
the HMMP shall be made available to SUB Drinking Water Protection upon request.
10) An inspection is required to verify that the standards for and conditions of approval are being
met and that the measures described in the HMMP and other DWP materials submitted are
being followed at the facility. Please contact Amy Chinitz at 541-744-3745 to schedule a site
visit. lnspection will include but not be limited to verification of secondary containment, spill
kits, readiness of inspection program, and readiness of staff training program.
11) Follow-up inspections may be conducted on an annual basis or as necessary to verify that the
standards for and conditions of approval are being met and that the measures described in
the HMMP and other DWP materials submitted are being followed at the facility
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FINAI CONCLUSION: The above findings indicate that all existing uses on-site are protected when the applicant
implements the HMMP for the site;; instructs staff and vendors on proper use, handling and disposal of
hazardous materials that are used, dispensed, stored, kept, or discovered on the site; instructs staff on proper
spill response procedures; and observes ongoing monitoring and inspection of the facility, including both indoor
and outdoor areas.
The following conditions of approval are applied for full compliance with the above standards of SDC 3.3-235.A,
SDC 3.3-225.B, and the Springfield Fire Code.
SUMMARY OF CONDITIONS OF APPROVAL:
1. Final DWP approval shall be contingent on demonstration of compliance with containment and safety
standards specified by the most recent Fire Code adopted by the City.
2. A!! flammable liquid containers shall meet the requirement of Springfield Fire Code, Sections 8704.3,1
through 5704.3.3 and shall be field verified by the Springfield Deputy Fire Marshal.
3. Highly visible identifying signage shall be posted at the spill kits.
4. Any spill or release of hazardous material that takes place outside the building shall be responded to
according to the procedures outlined in the HMMP and standard operating procedures. tmmediate
measures shall be taken to protect spilled materials from entering the ground andlor storm drains.
5. Any product that is determined by SUB to contain DNAPLs shall be permanently removed from the
HMIS and from the facility.
5. The applicant shall implement monthly inspections and record-keeping according to the procedures
and policies described in the HMMP.
7. A copy of the most updated, dated, and signed HMMP shall always be kept on the premises.
8. One standard Springfield wellhead protection signs shall be posted at the facility's front door.
9. Documentation of completion of staff training on the training topics listed in Section Xlil of the HMMp
shall be made available to SUB Drinking Water Protection upon request.
10. An inspection is required to verify that the standards for and conditions of approval are being met and
that the measures desoibed in the HMMP and other DWP materials submitted are being fotlowed at
the facility. Please contact Amy Chinitz at54l-74-3745to schedule a site visit. lnspection wilt
include but not be limited to verification of secondary containment, spill kits, readiness of inspection
program, and readiness of staff training program.
11. Follow-up inspections may be conducted on an annuat basis or as necessary to verifo that the
standards for and conditions of approval are being met and that the measures described in the HMMp
and other DWP materials submitted are being followed at the facility.
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Additional lnformation: The application, alr documents, and evidence reried upon by the appricant, and theapplicable criteria of approvalare available for freeinspection and copies are avairabre for a fee at theDevelopment & pubric works Department ,22s FifthStreet, Springfierd, oregon.
Questions: Please call Andrew Larson in the Planning Division of the Development & public works Departmentat (541) 736'700g or Amy chinitz at SUB Drinking water Source protection (5471744-3745 if you have questionsregarding this process.
Prepared By:
And,t erl,U La4rtotu
City of Springfield
Development Planner
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