HomeMy WebLinkAboutAIS PLANNER 4/3/2000
AGENDA ITEM SUMMARY Meeting Date: April 3, 2000
Meeting Type: Work/Regular Session
Department: Development seWlic s
Staff Contact: Mel Oberst ~
SPRINGFIELD Staff Phone No: x4611 '!~
C I T Y CO U N C I L Estimated Time: 30/15 minutes
ITEM TITLE: REQUEST TO CONTINUE THE PUBLIC HEARING FOR THE SPRINGFIELD
DRINKING WATER PROTECTION OVERLAY DISTRICT (Jo. No. 99-09-219)
TO APRIL 17, 2000
ACTION
REQUESTED:
l1\1\UJ<,
STATEMENT:
ATTACHMENTS:
DISCUSSION/
FINANCIAL
IMPACT:
ADOPT A MOTION TO CONTINUE THE PUBLIC HEARING OF THE
SPRINGFIELD DRINKING WATER PROTECTION OVERLAY
DISTRICT TO APRIL 17,2000.
The public hearing for the Drinking Water Protection (DWP) Overlay District was
continued from the March 6, 2000 to April 3, 2000. This extension was intended to
provide time for staff to work with affected property owners to consider their issues
regarding interpretation of the proposed ordinance. Written comments have been
received late and staff responses can not be provided prior to the AIS being sent to
the Council. Other comments that property owners have assured would be
submitted have not been received by the CitY. Staff wants to allow adequate time
for those interested parties to submit their comments on the matter. Staff requests
that the City Council continue the public hearing until April 17, 2000 to allow
additional time to receive and review public comments and respond to the issues in
the public hearing on April 17th
I. Ordinance
A Drinking Water Protection Plan is a Springfield work task in the Metro Plan
Periodic Review Work Program. The Springfield Drinking Water Protection Plan
sets City policies for protection of its drinking water and has been certified by the
Department of Environmental Quality. The proposed Drinking Water Protection
Overlay District (SDC Article 17) is the major implementation measure of the Plan
and will complete the periodic review requirement. The adoption of Article 17
creates drinking water protection zones which are those drinking water protection
areas certified by the Oregon Heath Division, The regulations within the DWP
Overlay District supplement the regulations of the underlying district. Article 17
establishes procedures and standards for new uses of hazardous materials within the
zones. The Springfield Planning Commission held a Public Hearing on December
7, 1999 and recommended approval of the Overlay District to the Council. The
Council held a Public Hearing on March 6, 2000. The Public Hearing was
continued to April 3 to allow affected property owners to submit written comments
and discuss their issues with staff. Staff needs additional time to review the written
comments, meet with affected property owners, and resubmit the ordinance to the
City Council. There is no immediate financial impact to the City,
RECEIVED
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By: f}l S '-h> (6.
ORDINANCE NO. '
(EMERGENCY)
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AN ORDINANCE ADDING ARTICLE 17 DRINKING WATER PROrECTION (DWP)
, OVERLAY DISTRICT TO THE SPRINGFIELD DEVELOPMENT CODE SETTING
FORTH PROCEDURES AND STANDARDS FOR THE USE OF HAZARDOUS
MATERIALS WITHIN TIME OF TRAVEL ZONES; REVISING THE SPRINGFIELD
DEVELOPMENT CODE BY AMENDING ARTICLES 2, 3, 14, AND 15 AND APPENDIX
I; REZONING PROPERTIES WITHIN THE ZERO TO TWENTY YEAR TIME OF
TRAVEL ZONES; AND DECLARING AN EMERGENCY.
THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
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Section 1. Article 17 Drinking Water Protection (DWP) Overlay District is hereby added
to the Springfield Devel~pment Code'as described below: '
"ARTICLE 17
DWP DRINKING WATER PROTECTION OVERLAY DISTRICT
17.010 GENERAL
17.020 DESCRIPTION
)
17.030 APPLICABILITY
17.040 TIME OF TRAVEL ZONES
17.050 REVIEW
, 17.060 EXEMPTIONS
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17 .070 STANDARDS FOR HAZARDOUS MATERIALS WITHIN TIME OF TRAVEL
ZONES .
17,080 CONDITIONS OF APPROVAL
17.090 APPEALS
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. ATTACHMENT 1-1
ARTICLE 17
DRINKING WATER PROTECTION (DWP) OVERLAY DISTRICT
17.010 GENERAL
(I) The DWP Overlay District regulations supplement the regulations of the
underlying district. Where the regulations and permitted uses of an
underlying district conflict with those of an overlay district, the more
restrictive standards shall apply.
,(2) Warning and Disclai[11er of Liability. The degree of aquifer protection
required by this Article in the areas designated in Section 17.040 is based on
scientific and engineering considerations, The nature ,of these considerations
is such that the exact boundaries of Time of Travel Zones (TOTZ) have an
associated uncertainty that renders conclusions based' on them to be
. estimates. Under, no conditions should this Article be construed to guarantee
the purity ofthearnbient ground water or guarantee the prevention of
, ground wateicontamination, Therefore, this Article shall not create liability
on the part ofthe City, or any City personnel, for any contamination that
may result from reliance on this Artjcle or any administrative decision made
under this Article.
17.020 DESCRIPTION
(I) The pUrpose of the DWP Overlay District is to protect aquifers used as
potable water supply sources by the City from contamination, This ArtiCle
'establishes procedures and standards for the use of hazardous materials
within TOTZ.' The provisions of this Article are designed to:
(a) protect the City's drinking water supply which is obtained from
groundwater resources from impacts by facilities that store, handle,
treat, use, produce, transport or otherwise have on premises substances
that pose a hazard to groundwater quality;, and
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(b) provide standarfls for hazardous materials, within the TOTZ.
(2) In order to accomplish this pUrpose, the DWP Overlay District includes
methods and provisions to: '
(a) restrict or prohibit the use of hazardous materials which are potential
groundwater contaminants;
(b ~ set standards for the storage, use, handling, treatment, transport and
production of hazardous materials within TOTZ; and
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(c) review new or expanded hazardous material uses.
17.030 APPLICABILITY
The DWP Overlay District shall apply to all areas that are within the wellhead TOTZ
specified in 17.040 within the City and its urbanizable area. .
17.040 TIME OF TRAVEL ZONES
(I)
The DWP Overlay District includes four TOTZ: 0-1 year; 1-5 years; 5-10
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years; and 10-20 years. The locations ofthe. TOTZ for each wellhead are
shown on Drinking Water Protection Area Maps on file with the City of
Springfield Development Services, Public Works, and Fire and Life Safety
Departments; and Springfield Utility Board (SUB) and Rainbow Water
District (RWD).
(2) The areas within specified wellhead TOTZ are those drinking .water
protection areas certified by the Oregon Health Division, under the Oregon
Administrative Rules that apply to Oregon's EPA-approved Drinking Water
.'. Protection Program, in Oregon Health Division Delineation Certification
#0002R, March 18,1999:
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(3) In determining the' location of a property within aTOTZ, the following
criteria shall apply:
(a) The Lane County Department of Assessment and Taxation maps shall
be used as a base map with the addition of TOTZ boundaries.
(b) That portion of a tax lot that lies within a TO'rZ shall be governed by
the restrictions applicable to that TOTZ,
(c) Tax lots having parts' lying within more than, one TOTZ shall be
governed by the standards of the more restrictive TOTZ,
EXCEPTION: The Director may waive the requirement that the more"
..restrictive standards apply when alJ'ofthe following apply:
I, Storage, use, handling, treatment, 'production, and/or transportation
of hazardous materials will not take place within the portion of the, tax
lot havingthe~ore restrictiv.e TOTZ standards; and
2. Storage, use, handling, treatment, production, and/or transportation
of hazardous materials will not take place within 50 feet of the portion
of the tax lot having more restrictive, TOTZ standards; and
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3. The tax lot is 20,000 square feet or larger.
(4) A property owner may request the TOTZ be modified by submitting a Zone
Change application to the City. Any request for modification Of the TOTZ
shall be accornpanied by certification of the TOTZ as proposed to be
modified by the Oregon Health Division, under the Administrative Rules'
that apply to Oregon's EPA-approved Drinking Wate~ Protection Program.
17.050 REVIEW.
(1) A Drinking Water Prot~ctiOli. Overlay District Development Application
shall be submitted in instances (a) through (d) that affect storage, use,
handling, treatment, production, and/or transportation of hazardous materials
or which increase the quantity of haZardous materials used or produced
within the DWP Overlay District. , ,
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.(a) w~en there is a change O{use, occupancy or tenancy of a property,
. including but not limiteclto a change from vacant to occupied"
(b)'duringthe Building Permit process,
. {i/ '7,.....- (c) when there is an internal alteration of a building that does not require a
{}(f ' Building Permit, or, ' , ' .
(d) in conjunction with any development application including but not
limited to Site Plan review and MinimumDevelopment Standards.
DWP Overlay District applications shall be reviewed under Type I
procedures. Development approval within the DWP Overlay District shall
be obtained before any change of use, construction, storage or development
begins,
(2)" Applications shall include the following information:
(a) a Hazardous Material Inventory Statement and, upon request from the
Director, a Material Safety Data Sheet for any or all materials entered in
, the Statement. Hazardous material weights shall be converted to ,
volume measurement for purposes of determining amounts - 10 pounds
shall be considered equal to I gallon in conformance with Uniform Fire
Code 8001.15.1; .
(b) 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;
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(c) -a detailed description of the activities conducted at th~ facility that
involve the storage, handling, treatment, use or production of hazardous
materials in quantities greater than the maximum allowable amounts as
stated in 17.070(l)(a);
(d) 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;
(e) a prop\lsed 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;
(f) a description of the procedures for inspection and maintenance of
containment devices and emergency equipment;
(g) 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.
.(3) For those development proposals requiring Site Plan Review or Minimum
Development Standards review as specified in Article 31 of this Code,
applications may be submitted concurrently,
(4) A complete DWP Overlay District Development. application together with
all required materials shall be accepted by the Director prior to the review of
the request as specified in Section 3.050, Application Submittal.
, (5) The Director shall review the applicatIon and ll1ake a decision on the
application after consulting with the Building Official, Fire Marshall, Public
Works Director, and the managers of SUB and RWD, as appropriate.
17.060 EXEMPTIONS
This Article does not exempt any material or use from Fire Code regulations
adopte<;l by the City of Springfield. .
(I) Exemptions are as specified in this section unles~ the Director determines
, that a hazardous material, activity, and/or facility that is exempt pursuant to
, this section has a significant or substantIal potential to degrade groundwater
quality. Then the Director may require compliance with the requirements of
this Article related to that hazardous material, activity or facility. Such
determinations will be based upon site and/or chemical-specific data and
shall be eligible for appeal to the Hearings Official as specified in Section
17.090 of this Article.
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cn Except as otherwise provided herein, the following materials are exempt
from regulation hereunder:
(a) , Use, storage and handling of specific hazardous materials that do
not present a risk to the aquifer, as determined and listed by the
Director in consultation with SUB, are exempt from all regulation
, under this Article with the exception of the potential requirement
to list these hazardous materials on the Hazardous Material
Inventory Statement as found in the most recent Fire Code
regulations adopted by the City.
Hazardous Materials that can be demonstrated to pose no threat to
the aquifer may be exempted from regulation-and added to the list.
':rhe demonstration of no threat is the responsibility of the applicant
, , seeJ.<ing the exemption and wili be subject t6 review by technical
experts. '
(b) Hazardous materials offered for sale in their original containers of
five (5) gallons or less shall be exempt- from the 500 gallon storage
limit set in l7.070(l)(a).
(c) Hazardous materials in fuel tanks and fluid reservoirs attached to a
private or COmmercial motor vehicle and used directly in the
motoring operation of that vehicle,
(d) Fuel oil used in existing heating systems.
(e) . Emergency use, storage, and handling of hazardous materials by
.governmental organizations in the public interest.
(f) Hazardous materials used and stored specifically for water
treatment processes bf public water systems and private systems
for the same purposes when approved by the Director.
(g) Hazardous materials contained in properly. operating sealed units
(transformers, refrigeration units, etc,) that are not opened as,part
of routine use.
(h) Local natural gas distribution lines.
(i) Fuel for emergency generators located at facilities that provide
,essential community services (hospitals, fire/life safety, police,
public shelters, telephone systemsetc,),
/fp~ - flPr~~
17.070 STANDARDS FOR HAZARDOUS MATERIALS WITHIN TIME OF
TRAVEL ZONES,
Applications shall comply with the following standards. Where the following standards
are more restrictive than the standards ofthe Uniform Fire Code; the following standards
shall apply:
(I) 0-1 year TOTZ Standards,
(a) Within the 0-1 year TOTZ, no hazardous materials shall be stored, ,
handled, treated, used, produced, applied or otherwise kept on premises
in quantities of more than 500 gallons of regulated substances in
aggregate quantities..Of the 500 gallons, not more thari 150 gallons in
aggregate quantities shall be present at anyone time that were produced
or treated or that will be used or dispensed on the premises. Containers
of hazardous materials exceeding 5 gallo~s in size shall not be allowed
to be'stored on the premises. /
(b), All hazardous m~terials shall be stored in areas with approved
secondary containment in place/Uniform Fire Code Articles 2 and
8003.1.3.3).
(c) All new uses of Dense 'Non-Aqueous Phase Liquids (bNAPLs) shall be
prohibited,
(d) Except those involving a decrease in use, any change in type of use or
an expansion of any existing use involving any DNAPLs shall be
considered a new use and shall be prohibited.
(e) The following certain types of new facilities or changes'in chemical use
and/or storage shall be prohibited:
1. underground hazardous material storage facilities;
2. hazardous material product pipelines used to transport the
hazardous material off of the tax lot where it is produced or used;
3. . injection wells, except dry wells for roof drainage;
4. solid waste landfills and transfer stations; .
5. fill materials containing hazardous materials;
6. land uses and new facilities that will use, store, treat, handle, and/or
, produce DNAPLs. . ,
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(f) Requirements found in Uniform Fire Code Appendix II-E 3.2.6 for a
monitoring program and in 8003.1.3.3 for monitoring methods to detect
hazardous materials in the secondary containment system shall be met
for all. amounts of hazardous materials,
(g) Requirements found in Uniform Fire Code Appendix II-E Section 3.2.7
, for inspection and record keeping' procedures for monthly in-house
inspection and maintenance of containment and emergency equipment
for all amounts of hazardous materials shall be met.
(h) Application of fertilizers containing nitrates shall be restricted to no .
more than the amount recommended by the Lane County, O~egon State
University Extension Service for turf grass and shall be prohibited
within 100 feet of a wellhead. In no event shall a single application
exceed one half pound per 1,000 square feet of area per'single
appli'cation or a total yearly application of 5 pounds nitrogen fertilizer
per 1,000 square feet. ' .
(2) 1-5 year TOTZ Standards.
(a) The storage, handling, treatment, use, application, transportation, or
production or otherwise keeping on premises of hazardous materials
shall be allowed only upon compliance'withcontaiillnent and safety
standards set by the most recent Fire Code adopted by the City.
(b) All hazardous materials shall be stored in areas' with approved
secondary containment in place (Uniform Fire Code Articles 2,and '
8003.1.3.3 ).
(c) All new use of DNAPLS shall be prohibited,
(d) Except those involving a decrease in use, any change in the type of use
or an expansion of any existing use involvil)g any DNAPLs.shall be
considered a new use and shall be prohibited. '
(e) The following certain types of facilities or changes in chemical use
and/or storage shall be prohibited:
I. hai.ardous material product pipelines used to transport the
hazardous material off ofthe. tax lot where it is produced or used;
2. injection wells, except dry wells for roof drainage;
3. solid waste landfills and transfer stations;
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4. fill materials containirig hazardous materials;
5. land uses and new facilities that will use, store, treat handle, and/or
produce DNAPLs,
(f) Requirements found in Uniform Fire Code Appendix II-E 3,2,6 for a
monitoring program and in 8003.1.3.3 for monitoring methods ,to detect
himrrdous materials in the secondary containment system shall be met
for all amounts of hazardous materials.
(g) Requirements found in Uniform Fire Code Appendix II-E Section3.2.7
for inspection and record keeping procedures for monthly in-house
inspection and maintenance of containment and emergency equipment,
for all amounts of hazardous materials shall be met.
(3) , 5-10 year TOTZ Standards.
(a) The storage, handling, treatment, use, transportation, production or
otherwise keeping on premises of hazardous materials shall beallowed
upon compliance with containment and safety standards set by the most-
recent Fire Code adopted by the City.
(b) All hazardous materials, shall be stored in areas with approved
, secondary containment in place (Uniform Fire Code Articles 2 and .
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8003.1.3.3), ..
(c) All new use ofDNAPLs shall be prohibited,
(d) Except those involving a decrease in use, any change in type of use or
an expansion of any existing use involving any DNAPLs shall be
considered a new use and shall be prohibited.
(e)' Requirements found inUriiforri1 Fire Code Appendix H-E Section 3.2.7 ,
for inspection and record keeping procedures for monthly in-house
inspection and maintenance of containment and emergency equipment
for all amounts of hazardous materials'shall be met.
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(4) 10-20 year TOTZ Standards. The storage, handling, treatment, use,
transportation, production or keeping on premises of hazardous materials
shall be allowed only upon compliance with containme~t and safety
standards set by the most recent Fire Code adopted by the City.
17.080 CONDITIONS OF APPROVAL
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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 17.070 of this Article.
These' conditions may include on-site monitoring wells, Wellhead Protection Area signs,
special storm water facilities or other conditio~s to address specific risks associated with
tile proposed development.
17.090 APPEALS
The,only portion of this Article that is subject to' appeal is Section 17.060, Exemptions.
" The appeal of a 'decision of the Director for Section 17.060 may be appealed to the
,Hearings Official under Type III procedures as specified in Section 15.020 of this Code."
Section 2. Article 2 "DEFINITIONS", Section 2.020 "MEANING OF SPECIFIC
WORDS AND TERMS", of the Springfield Development Code is hereby amended by ,
addin~ the following language:' . .
"AQUIFER: A geologic formation, group of fortnations,or part of a formation that is
capable of storing and transinitting water i,nsufficient quantity to supply wells or springs."
"DELINEATION (from Oregon Health Department rul~s):The determination of the
. ,extent, orientation, and boundaries of a wellhead protection area using factors such as
geology; aquifer characteristics, well pumping rates and time oftravel."
"DNAPL (Dense Non-Aqueous Phase Liquids): Chemicals tliat are denser -than-water
(specific gravity greater than I), have a low solubility rate, and degrade slowly to other
compounds that are even more of a health hazard, For the puipose of Springfield's
drinking water protection, DNAPL chemicals are defined as "all chemicals displaying the
characteristics of a DNAPL chemical or a material containing a substance considered a
DNAPL chemical." A list ofDNAPLs regulated within the Drinking Water Prot",ction ' -/< "t:'
Overlay Districtshall be as adopted ~ySUBonNovember 10, 1999." r~_;r It) C. ;;z:.,
"HAZARDOUS MATERIALS: Those chemicals or substances which are physical or ,~,d(~.~
health hazards as defined and classified in Article 80 of the Uniform Fire .code as ;-- .~
adopted or amended by the City whether the materiais are in usable or waste condition:
"PIPELINE: A line of pipe with pumps, valves and control devices for conveying
liquid, gasses or finely divided solids~" '
"TIME OF TRA VEI.; ZONE (TOTZ): The area mapped pursuant to Oregon Healt!1
Division Delineation Certification #0002R which identifies the time it takes ground water
to flow to a given well or wellfield."
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"WELLHEAD PROTECTION: Implementation of strategies within a wellhead
protection area to minimize .the potential impact 'of contaminant sources on the quality of
groundwater used as a drinking water sourc~ by a pu,blic water system." .
. "WELLHEAD PROTECTION AREA: A DrinkingWater Protection Area for a
groundwater-supplied drinking water source."
Section 3. Article 3, "DEVELOPMENT APPROV AL AND LAND USE
DECISION PROCEDURES", ofthe'Springfie1d Development Code is hereby amended
by adding the following subsection 3.070(1)(n):
"(n) Drinking Water Protection Overlay District development."
Section'4. Article 14, "PUBLIC HEARINGS", of the Springfield Development
Code is hereby amended by adding the following subsection 14.010(2)(d):
"(d) Appeals of Springfield Development Code Sectiob.17.060."
Section 5. Article 15, "APPEALS", Section 15.020(5)(b), "APPEALS OF THE
DIRECTOR'S DECISION", of the Springfield Development Code is hereby amended to
read as follows:
"(b) Decisions by the Hearil).g Official regarding expedited land divisions and DWP
Overlay District exemptions (17.060) shall be finaL Appeals of the Hearing Official'
decisions shall be to the Oregon court of Appeals in accordance with applicable statutes
and regulations governing such appeals."
Section 6. Appendix 1, "DEVELOPMENT CODE FEE SCHEDULE", "TYPE I
. REVIEW", of the Springfield Development Code is hereby amended by adding the
follo~ing language:
(Application) "DWP Overlay District.Development", {City Limits fee) "$405.00 (#)",
(Urban Growth Boundary fee) "$405.00 (#)". '. .
Section 7. The recommendation of the Spnngfield Planning Commission has been
reviewed and is hereby adopted in support of the adoption of these amendments as
Exhibit A.
, Section 8. Although not a part of this Ordinance, the Springfield City Council
adopts Findings as set forth in Exhibit "B" attached, in support of this action.
Section 9., Properties within the zero (0) to twenty (20) year time of travel zones
are rezoned to add the ,drinking water overlay district classification to the underlying
zone.
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Section 10. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held invalid or unconstitutional by a court of competent
, jurisdiction, such portion shail be deemed a separate, distinct, and independent provision
and such holding shall not affect the validity of the remaining portions hereof,
Section II. It is hereby found and ,declared that matters pertaining to the
protection of groundwater are matters affecting the public health, safety'and welfare of
,the City of Springfield, and that this Ordinance shall therefore take effect immediately,
upon its passage by the Council and approval by the Mayor,
ADOPTED by the Common Council of the City of Springfield this _day of
April; 2000 by a vote of _ for and _ against.
APPROVED by the Mayor this _ day of April, 2000,
Mayor
ATTEST:
City Recorder
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