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HomeMy WebLinkAboutNotes, Work PLANNER 5/1/2000 STAFF RESPONSE TO PUBLIC. TESTIMONY ON 5/1/00 l. Include commentary in the ordinance. " , Response: Explanations and intent are not codified. They are for staff use. and are not designed to become part of the ordinance i~self. The practice of attaching commentary to an ordinance is to clarify legislative intent. 2. Apply less restrictive TOTZ standards to buildings or processes located entirely in less restrictive TOTZ. Response: This request is covered in 17.040(3)( c) "Exception." If a commercial or industrial tax lotis 20,000 square feet or larger, is within more than one TOTZ, and has buildings entirely in . . one TOTZ, then the "Exception" may be applied. The uses of hazardous materials that pose arisk , . to ground~ater are regulated by the standards of the TOTZ where the uses are located. Existing uses are not impacted by Article 17. . . . 3. Clarify the "trigger" language for DWP application to reflect stated intent.. Response: The language in 17.050(1) has been changed as requested at the May I meeting for clarity. 4. Exempt existing environm'entally responsible businesses. All businesses that exist prior to the adoption of the ordinance do not come under the regulations of Article 17 unless they trigger an application as stated in 17.050(1). Regardless of how responsible a business is, accidenis will happen. The standards set forth for the TOTZ and the application requirements are designed,to protect both the. business and the groundwater should an accident occur. 5. Clarify approval standards in 17.070. These have been clarified since the April 3 meeting. There is a waiver possibility to the 5-gallon container size limit. All materials that pose a threat to groundwater except those exempted must . have secondary containinent in place. The requirements for a monitoring program are found in the Uniform Fire Code Appendix II-E 3.2.6 and ii18003.1.3.3 for monitoring methods. . . Requirements for insp~ction and record keeping procedures are in Uniform Fire Code Appendix II-E S7ction 3.2.7. Since these are the standards currently used and followed, Article 17 is not changing these requirements. ' '. 6. Allow appeals of Director decisions. Type I applications are not subject to appeal according to SDC .15.010(1). However, Article 17 allows appeals for Director's decisions regarding DWP Overlay District applications (17.050(7)),' , , Exemptions (17.060), and. Waiver (l7.070(l)(a). In addition, the applicant may .request a Type III F ormai Interpretation. . , 7. Narrow definition of "hazardous material" to be consistent with stated purpose. The definition of "hazardous material" in Article 2, Definitions, of the Springfield Development Code is a definition for the entire Code. It is further defined in Article 17 for the purposes of .' Article 17 only. .' To: DWP TaskForce'members . From: Sarah Summers, Planner II RE: Draft ordinance MEMORANDUM Enclosed is an updated copy of the proposed Article 17, Drinking Water Protection Overlay Di~trict. The changes that were made since our meeting and the May I hearing are included. Also enclosed are staffs responses to comments.that were made at the hearing. The public hearing was closed on May I. The City Council will have discussion and vote on the ordinance on'May 15. Thanks for all your help: MEMORANDUM To: Participants in previous pl,Iblichearings on Article 17 . From: Sarah Sununers, Planner II RE: Draft ordinance Enclosed is an updated copy ofthe proposed Article 17, Drinking Water Protection Overlay District. The changes that. were made since the May I. hearing are included. Also.enclosed are staff s responses to comments that were made at the hearing. The public hearing was closed on May I. The City Council will have discussion and vote on the ordinance on May 15. ~ , . '. :..:' ,....,;' . :'''~:,;~~::'I.,'" , n"'<';';"',~':::sft:);:;Y:'\~';;'~'i~".'t'~ _ ~r;..;::.,..;" . -----;-:.,_, . .,"'c. .'. H:')-':~',l Area bu$,iTje~$ffs:,cQTJcgr.lJed.:Artide17will restrictthr:dr operations . Counci I hears mor~""" :~h~~ li~ds.:.; . c' ,~:: '. p~n:; placc";d uses no mo~ethan conlainerb~ardfacilityis Stilldealin~ ' . : M . "d.. ': .' One:' hundred . p~r~ent of 25. gallons of DNAPLs in a 24'p.our with gro.un~water contamination . testimony at. o.n ay. Springfield's drinkiitg watf;lr'comes penod. . ' .... .from past practices,"Weyerliaeuser night's hearing. ',," :~~. ,j fronLw~lIs,;'city.'plar~rler '.Sarah '.A sm~po~on ofyoith. Sulzer . enviro,nn;>ental.'te'4ll le'!4~r IS7ith . .. '. .;...~""., i. S~!',r~,,~~.'(t t4e .c~uncil.. Article. 17 . p~operty lies m the 0.1 year tlme.of-Euhus sald. He asked the cOllI)cil to By TIM. SHINABARGER. >,' ~., :..:.;"',~_~,;;; ':',.t':' addS:' a,' zorung : desi~ation l to. the,. trave~ ,zolle" the zones near well- ,make :,acconunodations for. other News Staff Writer::' . }.:;~~'::r~i:ing.'t!*,g';orlli~as;~neai~e~-: 'ieads: where Article Ii. ,would .busmesses ,while.protecting the .' ':-.~;.':~'''-''\'';':'':' .. -.' ","'c,headS;shes31d:It';' . ......,. nnpose~themost gr:oundwater. , . ' . . Local .,~ bUsirtessmeh"}; .(~~tifi~'d:,.? ~~'Jip,~~.'~ppli~::.,!>::,P;,",:.I:_~:;'. '.., - ~ _ >' . restriC:t'{o'ns~'. 'Fo,nner -Qregon River_ MuseUm I Monday before 'i1ieSP?i.'iifield,Pty, '.: Cl\.ti~h':?'Ii~o.i'~~~~!~t;; ~',\ ' · '. . ." , . . MucllOf itS prop- director A . David Rodriguez. called I' COUflcil tha,t:, I?rop.?:.~..~t~~.P.!I),-.,,;for-busm~ses.Ul'.' .".yT heordmance. erty lies m the I, for the council to add a lar~e portion , tection plan~'re"!'ict;busmess",.\aif~f,tep;,'i:' !,!~,a~q:...;.>;' 'h " Id. 't.. 5 l:ear zone,.an!'i. of theWeyerha~user.facility to the I.. Buralocalresid.enttestifiedthattlieJ.thatr!"linrea'~lte):" J' .S"ou . exemp :"'.; VOlthSulzeruses. waterprotectioriarea. . I ~,,,plan doesnhov~r ~ii9}rgl(terr!.tgrY:>c::!:pl'Ul.~,!eyie'Y,i. ",r ;ii,:.' ,.'}~nv.ironmentally>,., DNAPLs, tJ;at itc;onsiderable industrial activity "., Th.e,council.c'i',Il;cl)l,d~~:~,.by:'Ilow l;oI!)e,~0"rige~~, -,;:,;.;..':'responsible '. ., has to ship m gO,~sonm~tlocat1on,hes:ud. .,1' three-part publit,heanng,on,the~i;thilt,use:maten,.' ::' '. ., .. . glass contamers. . Ifyougetaspillthere,lt'sgomgto plan after. discuSsmgit in,': Work sese ;;1, als "lfaiiitdiius 'tii ._'': ' ,." : busi nesses.' with special anti. go right .toWard the SUB (Springfield sion. AfterwardHcouhCilors~tieard'-"a~~:gro1iiUiwat~r.~~; . . '.:<,,; ",', ,_ . .drip . faucets, UtilityBoard)weUs/,Rodrfguezsciid.' . first readjng of.thiq!Ii$'S""i!iIe~'{step:~,tttrhe;;plan:~.'. ':':,,':' .::<;. - Jim Spear, Sumniers said in Rodriguez displayed a color aerial 'required atleas(on~'irieet:@g;~j,fo!"l':{.n.'t<iritehae~:'to::~'/' :">,.~~~. ": .'." ", ..-." an April 26 in~ef:- photograph' of the Weyerliaeuser '. they approve it;.:.,'"",....': ,</. -.: ."..';:..~;;.prev~nt ,existing:tj,~.: ..: ... view. facility. that. shows a: yellow pond. Th~ir appro'C'!Lw.q\,!,d, ,~9:~;:~ll(~,uS.\f,le~~es;,.;ftoUl;op~ra~g;.and '. "Yes, everyone wants ~leanwater.Th.epond.is~about200 yardssoutl1' . dnnking water;,protectron,;,p1lW:."1.expandii!g,-,jun'Spear,quality.facili:'.. We want clean water. ["live m this east of the SUB welIs, Rodriguez s:ud. called Article, IHo:theSpringfield)Jtatoi:""'for~.,~Voith(t'Sll!ze"'..,~aper city,"said, Ron j. Sprainis,' general City stiff need to talk to make sure Development'Code; The ,article:sets ~lTeci]noliigyNiirtlrAnierici1lnc.,said.. manager o~two Olyinpic Street busi-the oi:dimince'doesrit pre.empt the forth proceduresandstand~ds'fii, ,;. :':nlle'(mlinance'should' exempt. nesses, Emerald Rail Technologies._. city development code, citya,ttomey businesses thatuse hazar~6us iri;itii'.'J environmentally"'cresponsible busi..' ll.C and ..Chromeworld. "I have a Tim~l::@rold said after the hearing. . rials that pose a'ris!; ic,. grollii<!Wlifer; ;,l ness.es," h~said.. ,'. /< :".; .:.: :- ."'. , chrome-plating facility that wOIl-an~f subSfanti1l!'. changes to the ordi. especially materialS;that aIeheavier, 1;' ";SP~ar~:..gl!l,~dJor.exemption if a. EPAaward in 1992, but by a strict nance. are needed'::'::we start over" thim water and siriktl\i?iigli'it'Suep..:: l>Usiriess,,~te~b~fore1rticle 17,' reading "Of this ordinance, I can:t with posting and holding PiIblic ' materials are known by the acronym,J has, had;n9 ,unp~nrutted.lelease, of operate, . heanngs, Mayor Maureen Weathers-. DNAPLs. for dense'nori.aqueous.~",.D:t:<A.P!'sinfiv~years,h~adean.up . Weyerhaeuser Co.'s . Springfield .. .said: . (. ....-...-. .,.':;' .....,.~;.... ",,='-"~,:,"':;~"/'~ ..........-":..,.:.:' .;.~', :"'...~,-," . '~'. '."~' .'", , ":';t',.:.. .,..":::d.pi.JY~/::;f?,e,/10h~c~ ,/Jew.,s: I '. ";'. " , Delineation of Weyerhaeuser wellhead area questioned Operate and expand - include commentary in the ordinance . Exempt existing businesses responsible Put commentary into article Definition of hazardous materials - c1airify and "trigger" - 2 events directors decision appeal large tax lot restrictions 0-1 5-gallon size restriction - did not mention waiver ' approved secondary containment - says all have'tobe contained will eliminate outside . storage monitoring program - upclear about monitoing program g inspections/record keeping. Want city to provide checklist c;;{ ? CLOSED PUBLIC HEARING - discussion I st reading only . \ FRED concerns have already been.dealt with except legal issues dialogue has been excellent 'process. . need protective ordinance made positive steps 1(~ pin ANN Lot of work done: Make sure everything has been considered C w~~ Maureen Add commentary to ordinance. Ordinality done? , Appeals process? 2nd reading w/o substantive~chance issues that were addressed have been addressed if choose to approve would like feedback Staff has shown how we work in Springfield - monitor it in future JI4 d FRED Stoel Rives - after the fact application? ) MOTT Fed law would take precedence Do not apply until say specifically apply ORS exempts post-application adoption of law CHRISTINE Hard ,decision to make because affects business that has potential to expand Bottom line is how protect water and allow business to expand, come into area This goes where we want it to go ,', In long run will do everything we want it to do. Hopes it will not preClude buinses from doing business, but willprotec water LYLE Agees with what has been said Look at large tax lots . Partition lots easier ,> v' ORDINANCE NO. (EMERCENCYj AN ORDINANCE ADDING ARTICLE 17 DRINKING WATERPROTECTlON.(DWP) OVERLAY DISTRICT TOTHE 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 - . Rli)'m1li}~it#!ll~~~T@E . _,~.ww,;n~v - - - - -, _~=,i~~1>ii~.; . .' THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS: . Section f. Article 17 Drinking Water Protection (DWP). Overlay District is hereby added to the Springfield Development Code as described below: ., ."ARTlCLE 17 ',' DWP DRINKING WATER PROTECTION OVERLAY DISTRICT 17.010 GENERAL 17.020 DESCRIPTION 17.030 APPLICABILITY 17.040. TIME OFTRAVEL ZONES 17.050 REVIEW -r' 17.060 EXEMPTIONS 17.070 STANDARDS FOR HAZARDOUS MATERIALS WITHIN TIME OF TRAVEL ZONES 17.080 CONDITIONS OF APPROVAL , .' . .. Q 17.090 APPEALS I . ~ COMMENTARY f , . ~"' The changes that have been made to Article 17 since fue first public. hearing on March 6 nave been in response to suggestions made by the public arid City CounCil. Some of the changes that have been made clarify the meal)ing.' Other changes allo:..v more flexibility for businesses. No changeshave'been made that charige or weaken the intent of the article as based on the recommendations of the' Task Force' in the Springfield Drinking Water Protection Plan. . Article 17 is.not designed as an all-inclusive ordinance io regulate hazardous materials. Since it is proposed to be an aiticle':in the Springfield Development Code, it is only . designed for uses of hazardous materials that pose a risktogroundwater within TOTZ by new and existing land uses that require development approval. . , ' 17.020(1) This wording was added as suggested by the law firm of Harrang Long Gary Rudnick representing V oith Sulzer for clarification. ~ .. . ,," 17.020(1)( a) All references. to transportation in ArtiCle.l7 were removed .because enforcement and regulation is outside the scope of the Springfield Dev~lopment Code. ....... " " ,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 ,?verlay district, the more restrictive standards shall apply. (2) Warning and Disclaimer 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 Arti~le be construed to guarantee the purity of the ambient ground water or guarantee the prevention, of . ground water contamination. Therefore, this Article shall not create liability ,on the. part ofthe City, or anyChy personnel, for anycontamipation that may result from reliance on this Article or any administrative decision ma.de under this Article. . J 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 physical use of hazardous ~*:~]~t!! '"~"'.~!IDiQ . The provisions of this Article are (a) protect the City's drinking water supply which is obtained from groundwater resources from impacts by facilities that store, handle, treat, use, produce, trancJ30rt or otherwise have on premises substances .that pose a hazard to groundwater quality; and (b) provicie sfundards 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 prohibi't the use of hazardous materials which are potential groundwater contaminants; , . . ;)- COI'I'fENTARY ." '. }" 17.030 This'"section was changed as suggested by the law firm of Harrang Long Gary Rudnick. .; : " ,. . . , 17.040(1) This word was added as suggested by the.faw fi,rm of Harranf,l Long"Gary Rudnic~. . .; ,. . . ". .' " ": :. " .' , , l7.040(3)(c) EXCEPTION: Numbers 1 and 2 do not to apply to uses of hazardous materials existing on the tax lot at . the time of adoption of this ordinance: An existing use may remain on the portion of the tax lot having more restrictive TOTZ standards when a new use is allowed on the other portion of the tax lot. . . (b) set standards for the storage, use, handling, treatment, transport and production of hazardous mi\terialswithin TOTZ; imd . (c) review new or expanded hazardous material uses. 17.030 APPLICABILITY 17.040 TIME OFTRAVEL ZONES (I) The DWP Overlay District includes four TOTZ: 0-1 year; 1-5 years; 5-10 year~; and 10-20 years. The locations of the TOTZ for each wellhead are slio\Vll on Drinking Water Protection Area Maps ~ on file with the City of Springfield Development Services, Public Works, and Fire and Life Safety Departrnents; and Springfield Utility Board (SUB) and Rainbow Water District (RWD).. . . . . (2) . The areaS-within speCified w~llhead'TOTZ are thos~ 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. . . (3) In determining the location of a property within a TOTZ, the following criteria shallapply: (a) The Lane CoUnty Department of Assessment and Taxation maps shall b'e used as a base map with the addition <;JfTOTZ bo~daries. (b) That portion of a tax lot that lies within a TOTZ 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 Directo~ may waive the reCJuirement that the more restrictive standards apply when all of the following apply: I. Storage, use, handli~g, treatment, transportatioR and/or production of hazardous materials will not-take place within the portion of the tax lot ~ . COMMENTARY J .' :17.050(1) REVIEW Article 17 is not intend~d to be an all-inclusive regulation of hazardous materials. It only regulates use ofhaiardous materials harmful to groundwater within TOTZ by'new and existing land uses requiring development approval. Unless a property owner or tenant triggers (a), (b) or (c) and (i) or (ii), this article does not apply. Therefore, an existing company could increase the use of hazardous materials, increase production, or store more hazardous materials without being regulated by this article. "tanguage changes were made to further claritY the intent. of this section. '. ., '. , . having the more restrictive TOTZ standards; and 2. Storage, use, handling, treatment, transportation and/or produotion of hazardous materials will not take place within 50 feet of the ,portion of . . the tax lot having more restrictive TOTZ standards; and 3. The tax lot is 20,000 sqminHeet 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 shalIbe accompanied by certification ofthe TOTZ as proposed to be modified by the Oregon Health Division, under the Administrative Rules that apply toOregon's EPA-approved Drinking Water ProtectiimProgram. 17.050 REVIEW. (I) . A DWP Overlay District Development Application shall be submitted in instances {aj :r.r3:JgH (d) that includ@storage, use, handling, tr@atmllnt, preduetien, amI/or :fcsJl:~ien of hazard::.:: ::F:~rials or which increase the -:;,_~?.:'.:,::, ofhazardz:.:: ~:J.t@rials used or produc@dwithin the DWP Ov@r1ay g' .tj!=- (stnc , ~1i~I1~ (a) wOOn there is a change of[lill"11 use, occupancy or tenancy of a property, . ~~ . including but not limited to a change from Vl1cant to occupied!!1) (b) during the Building Permit process, 5n . "'" (0) whenther::::::: int@rnalalteration o+":. ~:.::~ding that dOllS not requir@a' Buildin;; ?:::::::,-Bf (c) in conjunction with any development application including but not limited to Site Plan revie~ and MinimUllJ Development Standards~d -- ""ellme1l\mrgyJijj;j[f01ltfCtit5~, "", , .1. . ~_"'_~_. '~"~e1th~jjijjJfif!lFntiJ;f-'-{!iF''m1ailmats . '... ., '~. .q_",ml,.", ,,,,, . ~t" DWP Overlay District applications shall be reviewed under Type I procedures. Devel()pm,,-_~ -rr::l\'al within the D'NP Overlay Distriet shall if cOMM,ENTARY 17.050(4) The additional wording in this sectiop were suggested by Harrang Long Gary . Rudnick. , . . . .', " " ' ., '>'1 ., , 'j" .' "'. ' " . : b@ obtaiFlcd bcfor~ 3F<j' ~hang@ ofus@,.constructi-::~,.::-::~::g3 or development begins. (4) - ~_' Applications shall include the following information: (a) a Hazardous Material Inventory Statement and upon request from the Directer a Material Safety Data Sheet for any or all materials entered in the Statemen~~!!1P~:!"Q;{JJl&Qj~~~m. Hazardous materialweights shall be converted to volUllJe'measurement for' purposes of determining amounts - 10 pounds shall be considered equal to 1 gallon in confot;mance with Uniforin Fire Code 8001.15.1; a list of the chemicals to be monitored through the analysis of groundwater samples and a monitoring sched~le if ground water. monitoring is anticipated to be required; :. (b) (c) a detailed description of the activities conducted at the facility that involve the storage, handling, treatment, use or production of hazardous materials in quantities greater than the maximUllJ allowable amounts as stated in 17.070(1 )(a); .' . (d) a description of the primary and any sec~ndary containment devices proposed, and, if applicable, clearly identified as to whether the devices will drain to the storm or sanitaI?' sewer; . . (e) 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; . , (f) a,description of the procedures for inspection and rriaintenance of containment devices and emergency equipment; , , .- (~ (g) a description of the plan for disposition ofuimsed hazardous materials or hazardous material waste products over the maximUllJ allowable amounts including the type of transportation, and proposed routes. For those development proposalsrequiringSite Plan Revie>>, or Minimum Development Standards review as specified in Article 31 of ihis Code, applications may be submitted concurrently. ~6:) k,'''' Acomplete 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. '. ~ '. ~ . ~.<.- , COMMENTARY . 17.050(7) The additional wo'rding in .this section waS suggested.by Harrang Long Gary . Rudnick. . ' ,.' ~. ,~. , .: '," .. ' ~ I 7.060(2)(a) EXEMPTIONS . ". Article 17 applies only to haZardous materials that could contaminate groundwater. i . '. , , The change in wording in the second paragraph of this section was to clarify the process to get a hazardous matet;ial exempted from regulation by. Article 17. There is no fee for this process. J l7.060(2)(c) The additional exemption was added at the suggestion of the law firm of Harrang Long Gary Rlldriick. . . \, ... . l I / I, " @) The Director shall review the application and make a decision on the , applicatio~tlJlP..il~~~!1~~3~, after ., consulting with the Building Official, Fire Marsh'all, Public Works Director, and the managers 'of SUB and R WD, as appropriate: 17.060 EXEMPTIONS This Article does not exempt any material or use from Fire Code regulations adopted by the City of Springfield. (I) Exemptions are "as specified in this section unless 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. . (2) Except as otherwise provided herein, the following materials are exempt from regulation hereunder: . . . (a) USe, storage apd 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 recenfFire. Code . regulations adopted by the City. .' ~~teftll..;&:~'1m~rWYln\;l~!I\i~ , for Hazardous Materials that can be demonstrated to pose no threat to the aquifer. ~tJ.~ may be exempted. from regulation and added to the list. The demonstration of no threat is the responsibility of the applicant seeking the exemption and will be subject to review by technical experts. (b) . Hazardous materials offered for sale in their original ~JlI containers of five (5) gallons orlessshall be exempt from the 500 gallon storage limit set in 17.070(1)(a). (c) Hazardous materials in fuel.tanks and fluid reservoirs:attached to ~ a pri~ate or commercial motor vehicle and used directly in the "motoring operation of that vehicl ' ) . 1 .~ oomijmJ~~g' . ~ COMMENTARY , , ,., ;. ., . 17.060(2)0) The exemptions were added at the suggestion of the law firm ofHarrang Long Gary Rudnick '. . ' ., " . ':. .. . , o 17.060(2)(k) This exemption,was added by staff in response to public comments to allow specific amounts of hazardous materials that pose a risk to groundwater in TOTZ without regulation. Twenty gallons or less of hazardous materials not containing DNAPLs will not be regulated by Article 17.'. '. 17.070 Thev:.ording was added for 'clarification of this section. . . l' . I, \ . . l7.070(l)(a) This'section was clarified. The waiver <'>fa 5 gallon maximum size was added' in response to comments from industry thatincertain'cases, larger containers 'would'be safer. . . ,. (d) (e) (f) (g) (h) (i) . Fuel oil used in existing heating systems. Emergency use, storage, and handling of haiardous materials by . governmental organizations in the public interest. Hazardous materials used and stored specifically for water treatment processes of public.water systems and private systems for the same purposes when approved by the Director. Hazardous materials contained in properly operating sealed units (transformers, refrigeration units, etc.) that are not opened as part of routine use. Local natural gas distribution lines.. Fuel for emergency generators located at facilities that provide essential community services (hospitals, fire/life safety, police, public shelters, telephone systems etc.). . ~<) atloitS1O:6Ib"~7IW8ous -^#""",;;i)W:",,"t~~~~ l_ ., 17.070STANDARDS&~~~~.t.Jf~~~ltL~~1l . ., ~~~t;;~"1lr~~S WITHIN TIME OF TRAVEL ZONES . . (1) 0-1 year TOTZ Standards. (a) Within the 0-1 year TOTZ, He hazardous materials 5hall m be stored handled, treated, used, produc@z, ::rr~ied or otherwise kept on premises in ~gm quantities of lld more than 500 gallons of regulated ~~' !\lHflWtif .Gf 7 , . COMMENTARY ,. . ' ., r , .:~ .. , , Ii. " >>, " " . .. c1', l7.070(l)(d) The language was changed for clarification. The intent of this section is to . - . -. l prevent an increase inthe,maximUllJ quantity ofDNAPLs on Ii site at anyone time. An example: A company wishes to build an addition. and increase the quantity ofDNAPLs Ilsed. They could submit a DWP application. The application would show that the company is not changing ,the type of use of the DNAPL. The applif:ation would also demonstrate that the maximUllJquantityofthe DNAPL 01} site at a given time would not i!1crease. This could be accomplished by scheduling more frequent deliveries. 17:070(1)( e) The language\vas changed from chemical tohazardo~s materials fof . . ... ~ consistency. . . ..... . ":. . .' . .' . , )", .: ., III 1" . .\ " ., , '. :'; ~ H~ > ) (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 uses of Dense Non-Aqueous Phase Liquids (DNAPLs) shall be. prohibited. (d) Except:thzs;: iF?/'Jlving a decrease in use, Any change in type of use or : an expansion ef any existing use involving e1S~Jinrt1l'1! tn~@:ffitl.ltl!l'i~YJiW~!lt()wlS:tallii~ of any DNAPL 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 of~~Jl..1E!!iiWt~.:1!!~ shall be prohibited: I. 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 m~terials;. 6. 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 8003.1JJ.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 . forinspection and record keeping procedures -for monthly in-house t . '. cOI'fMENTARY . .~ , , '.. ,. 17.070(2)(a), (3)(a), and (4) This exemption was added by staff in response to public comments to ~llow specific amolJ?ts of hazardous materials that pose a risk to groundwater. III TOTZ without regulation. Twenty gallons or less of hazardous materials not containing DNAPLs will not be regulated by Article 17. ..; , ' . ~~. " '. 17.070(2)(d) and (3)(d) The language was chang~d for clarification. The intent of this section is to prevent an increase in the maximUllJ quantity ofDNAPLs on a site at any one til!1e. An ex.ample: f:. company wishes to build an addition and increase the quantity of DNAPLs used. They could submit a DWP application. The application would show. . i that the company is no! changing the type of use of the DNAPL. The application would also demonstrate that the maximUllJ quantity of the DNAPL c;m site ata given time would. not increase. This could be'accomplished by scheduling more frequent deliveries. . j. ~ .'~ '. ... , . .. '- ~ (h) . inspection and maintenance of containment and emergency equipment for all amounts of hazardous materials shall be met. . Application of fertilizers, containing nitrates shall be restricted to no more than the amotint recommended by the Lane County, Oregon State University Extension Service for riuf grass and shali 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 application 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 -~ itihazardous materials . .. shall be' allowed only upon compliance with contaInment and safety standards set by the most recent Fife Code adopted. by the City. (b) All haZardous materials shall be stored il) 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) Exc@pt those inv~+'ir.g 2 deGreaS~::: :.:Jtl, Any change in the type of use or expansien of any existing us~invol\'ing lillIQcreaseliIiti!iefdai'l'Y. . ',l;....;c,~~~~ ~1iwJIDillWi!;ffitW"~m of any DNAPLshall 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: 1. hazardous matenalproduct pipelines' used to transport the hazardous material off of the tax lot where it is produced or used; 2. injection wells, except dry wells for roof drainage; 3. ' solid wast~ landfills and transfer stations; 4. fill materials containing h'!Zafdous materials; 5. land uses and new facilities tna.t will use, store,. treat handle, and/or produce DNAPLs. . (f) Requirements found in Uniform Fire Code Appendix II-E 3.2.6 for a q monitoring program and in 8003.1.3.3 for monitoring methods to detect , h~dous materials in the secondary. containment .system shall be met for all amounts of hazardous materials. (g) . Requirerrients 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. (3) 5-10 year TOTZ Standards. (a) The storage, handling, treatment, Ilse, transpertation, production or otherwise keeping on premises of hazardous materials "~tr':- shall be allowed 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 8003.1.3.3). (c) All new use ofDNAPLsshall be prohibited. (d) Except those involving a decr@as'i :~ \::~, Any change in type of use or aIHl<Jl2,::siJn of any @xistinguse involvmg ~i~tq"ldllily li~w~!LUl of any DNAPL shall be considerel;;';;;'7;;~ ~d . shall be prohibited. (e) 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. ". . (4) I 0-20 year TOTZ Standards. The storage, handling; treatment, use, transpertation, production or keeping on premises of Y hazardous'materials B11]ig'. . shall be allowed oflJy upon compliance with containment and safety standards set by the most recent Fire.Code adopted by the City. 17.080 CONDITIONS OF APPROVAL 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. /0 cOlAMENTARY ~>. "OJ . -.J' '.' ". ~. + ";, , C,; , . , Section 2. The second part of the HAZARDOUS MA TERIALS.definition was removed because businesses,comrrientedthat it was difficult to understand. Staff b~lieves that the hazardous materials are adequately covered by the Fire Code. Article 17 excludes . hazardous materials that do not pose.a risk to groundwater. ' . , ., _ ,",' , ., . These conditions may include on-s'ite monitoring wells, Wellhead Protection Area signs, special storm water facilities or other conditions to address specific risks associated with the 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 n(procedures as specified in Section 15.020 of this Code." Section 2. Article 2 "DEF:INITIONS", Section 2.020 "MEANING OF SPECIFIC WORDS AND TERMS", of the Springfield Development Code is hereby amended by adding.the following language:" . "AQUIFER: A geologic formation, group offorinations, or part of a formation that is capable of storing and transmitting water insufficient .quantity to supply wells or springs." . . , "DELINEATION (f~om Oregon Health Department rules): The determination of the extent, orientation, and boundaries of a wellhead protection area using factors such as geology, aquifer characteristics, well pUllJping rates and time of travel." "DNAPL (Dense Non~Aqueous Phase Liquids): Chemicals \r'~li!!P!:1J!l~ ~l:ri~ that 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 purpose of Springfield's drinking water protection, DNAPLchemicals are defined as "all chemicals displaying the characteristics of a DNAPL chemical or a material containing a substance considered a DNAPLchemical." A list ofDNAPLs regulated within the Drinking WateLProtection Overlay District shall be as adopted by SUB on November 10,1999." . "HAZARDOUS MATERIALS: Those chemicals or substances which are physical or health hazards as defjned and classified in Al\icle.80 of the Uniform Fire Code as adopted or amended by the City whether'the materials are in usable or waste condition. , and any material teat may degrade groundwater quality when impreperly used, stored, disposed of, or other\'iise ':'li:~~~~_g0{h. . . . "PIPELINE: A line of pipe with pumps, valves and control devices for conveying liquid, gasses or finely divided solids." . . "TIME OF TRAVEL ZONE (TOTZ):.The area mapped pursuant to Oregon Health Division Delineation Certification #0002R which identifies the time it takes ground water to flow to a given well or wellfield!' "WELLHEAD PROTECTION: Implementation of strategies within a wellhead protection area to minimize the potential impact of contaminant sources on the quality of groundwater used ~ a drinking water source by a public water'system." J / "WELLHEAD PROTECTION AREA: A D.rinking Water Protection Area for a groundwater-supplied drinking water source." Section 3. Article 3,"DEVELOPMENT ApPROVAL AND LAND USE DECISION PROCEDURES", ofthe Springfield Development Code is hereby amended by adding the following subsection 3.070(l)(n): "(n) Drillking Water Protection Overlay District development." . Section 4. Article 14, "PUBLIC HEARINGS", ofthe Springfield Development Code is hereby amended.by adding thefollowing subsection l4.010(2)(d):. ' "(d) Appeals of Springfield' Development Code Section 17.060." Section 5. Article 15, "APPEALS", Section l5.020(5)(b), "APPEALS OF THE DIRECTOR'S DECISION", ofthe SpringfieJd Development Code is hereby amended to read as follows: "(b) Decisions by the HearingOfficial regarding expedited land divisions ai1~DWP Overlay District exemptions (17.060) shall be final. Appeals oftlieHearing Official decisions shall be to the Oregon court of Appeals in accordance with applicable statutes and regulations governing such,appeals.'~ Section 6. Appendix I, "DEVELOPMENT CODE FEE SCHEDULE", "TYPE I REVIEW", of the Springfield Development Code'is hereby amended by adding the following language: (Application)'''DWP Overlay District Development", (City Limits fee) "$405.00 (#)", (Urban Growth Boundary fee) "$405.00 (#)". . Section 7. Th(;l recommendation of the Springfield Planning CO,mmission has been reviewed and i~ hereby adopted in support of the adoption of these amendments as Exhibit A. Section 8. Although not a part ofthis Ordinance, the Springfield City Council . adopts Findings as set forth in Exhibit "B" attached, in support ofthis action. ~ei5fib'illiII(t 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 shall be deemed a separate, distinct, and independent provision . and such holding shall not affect the validity of the remaining portions hereof. /;2 c' . Sllctil:;R'::l;~. It is hereby four.:!. ,.:::1 declamd that matters pe~::bF.;; Ie th€ pr~tection of groundv~at@r are matters affj)cting the public l1ea!~~, :::..::~y and 'N@lfare of the City -::.. ~F'F.I'.!;.fi@ld, and that this Ordinanz>: sh~1J t~erefore take effect immediat€ly upon its passage by tll@ Counc:! ::.::~ appr-::..?J 10:' the Mayor. , ADOPTED by the Common Council of the City of Springfield this _day of May, 2000 by a vote of _ for and ~ against. APPROVED by the Mayor this _ day of May, 2000. Mayor ATTEST: .. City Recorder . . )J , 11. ARTICLE 17 DRINKING WATER PROTECTION (DWP) OVERLAY DISTRICT . , 17.010 GENERAL (I) The DWP Overlay District regulations supplemen! 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 stanqards shall apply. . (2) Waming and Disclaim'er 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 of the ambient ground water or guarantee the prevention of . .' <, I ground water contamination. Therefore, this .Article shall not create liability on the part of the City, ,or any City pefsonnel, for any contamination that, . may result from reliance on this Article 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 froril contamination. This Article establishes procedures and standards for the physical use of hazardous materials harmful to groundwater within TOTZ by new and existing land . uses. requiring development approval. 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, or otherwise have on premises substances that pose a haZard to groundwater quality; and.. (b) provide standards for hazardous materials m1Ltf~,~t1!!f,l~~ !1J:QJffi.tj.Wat~ 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; 1 8 22. (b) . set standards for the storage, use, handling, treatment, and production of hazardous materials Yi1fplitl~1i~KltQlgtQillll:l,SY~!~ within TOTZ; and ( c) review new or expanded uses of hazardous materiallli.~J!j5.2~~larei$K!t() . """''''a--r..; . ~91Y)._JY~~. ' ,to . 17.030 APPLICABILITY Upon the effective date of this ordinance, all areas within' specified wellhead TOTZ within the City and its urbanizable area automatically are rezoned to add the DWP Overlay District to the underlying district. The areas to which the DWP Overlay District is applied are shown ~n the Drinking Wate~ Protection Area Maps, hereby incorporated . by referenc.e. 17.040 TIME OF TRAVEL ZONES (I) The DWP Overl<tY District includes four TOTZ: O~l year; 1-5 years; 5~lb years; and 10c20 years. The locations of the TOTZ for each wellhead are shown on Drinking Water Protection Area Maps kept 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 Administfative Rules that apply to Oregon's EP A-approved Drinking Water Protection Program, in Oregon Health Division Delineation Certification #0002R, March 18, 1999.' . (3) In determining the location of a property within a TOTZ, the following criteria shall apply: . (a) The Lane County Department of Assessment and Taxation inaps shall be used as a base map with the addition of TOTZ boundaries. (b) That portion of a tax lot that lies within a TOTZ 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 restrict.ive standards apply when all of the following apply: . I. Storage, ,use, handling, treatment, and/or production ,of hazardous 2 8 33" materialsID!6'PE[~limlmlgr:<illiiawafe! will not take place within the portionofthe tax lot having the more restrictive TOTZ standards; and 2. Storage, use, handling, treatment, and/or production of hazardous materials m1lifpmawi$aJ2[g:~11~~ will not take place within 50 feet of the portion of the tax lot having more restrictive TOTZ. standllfds; and . 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 accompanied by certific.ation of the TOTZ as proposed to be . modified by the Oregon Health Division, under the Ad!TIinistrative Rules that apply to Oregon's Ep'A-approved Drinking Water Protection Program. 17.050 REVIEW. (I) A DWP Overlay District Development Application shall be submitted when: ., (a) there is a change ofland use, occtipancy'or tenancy ofa property, . including but not limited to a change from vacant to occupied, or (b) during,the Building Permit process, or (c) in conjunction with any development application including butnot limited to Site Plan review and MinimUllJDevelopment Standards, and when: (i) the above action(s) will affect the, storage, use, and/or production of hazardous materials tli~11PA~~&)s:it(Irgtguna~, or (ii) the above action(s) will increase the quantity of hazardous materials IDJ!~[~1::till!!'i~!{1t6mr2jpl(@at~~tliil:trar-e stored, used and/or produced. (2) Prior to the submittal ofa DWP Overlay District Development Application, an exemption request may be submitted to the Director. See 17.b60(2)(a). . e . (3). DWP Overlay District applications shall be reviewed under Type I procedures. . - (4) Prior to undertaking an activity covered by subsection (I) of this section, the . owner or tenant shall submit a DWP Overlay District Application to the City . forreviewand approval. Applications shall include the following iilfoITnation: 3 8 44 ' ~ . . (a) a HazanJous Material Inventory Statement and a Material Safety Data Sheet for any or all materials entered in the Statement unless exempted .under 17.060 of this article. Hazardous fuaterial 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 . gro\lndwater samples and a monitoring schedule if ground water monitoring is anticipated to be required;:1 i~ ", 'Ii (c) a detailed description of the activities conducted at the facility that . involve the storage, handling, treatrnent,!use or production of hazardous materials in quantities greater than the l1)aximum allowable amounts a~ stated in l7.070(l)(a); , . (d) a description of the primary and any sec6ndary containment devices proposed, and, if applicable, clearly ideri'tified as to whether the devices . will d~ain to the storm or sanitary sewer;' i . I (e). a proposed Hazardous Material ManagelJlent"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 inspedion and maintenance of containment devices and emergency equipment; . 11. (g) a description of the plan for disposition of unused hazardous materials or hazardous material waste products ov~r the maximum allowable amounts including the type of transportation, and proposed routes. . c (5) For those development proposals requiring Site Plan Review or MinimUllJ Development Standards review as specified in Article 31 of this Code, applications may.be submitted concurrently. : : ..' .;' (6) A complete DWP Overlay District Developnj'ent application together with all required materials shall be accepted by th~ Director prior to the review of the request as specified in Section 3.050, Application Submittal.. . . .. (7) The Director shall review the application and~make a decision on the application, based on the standards containediin section 17.070, ~fter consulting. with the Building Official, Fire Mirrshall, Public Works Director, and the managers of SUB and RWD, as appropriate. ii," 17.060 EXEMPTIONS ,I: , ,. 4 8 1\, . :~. 5 8 55' This Article does not exempt any material or use from Fire Code regulations adopted by the City of Springfield. (I) Exemptions areasspecifiedin this section unless the Director, W . ~on1UlIatlo~i~t!fl3]a1idtJ.jii~~lSAf~~determines that a hazardous material, activity, and/or facility that is exernpt 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 Heaiings Official as specified in Section 17.090 of this Article. . (2) Except as otherwise provided herein, the following materials are exempt from regulation hereunder: ,I' ;,; (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 exceptiob. of the potential requirement to list th'ese hazardous materials on Jthe Hazardous Material' In~entoryStatement as found.in th~: most recent Fire Code . regulations adopted by the City.. . A Hazardous Materials Exemption ;Request may be submitted to the Director for Hazardous Materials that can be demonstrated to . pose no threat to the aquifer. These 'materials may be exempted from regulation and added to the list. The demonstration of no threat is the responsibility of the applicant seeking the exemption and will be subject to review by technical experts. . . l (b) HaZardous materials offered for sale in their original se~led containers of five (5) gallons or les~' shall be exempt from the 500 . gallon storage limit set in 17.070(l)(a). '. . , (c) , Hazardous materials in fuel tanks and fluid reservoirs, attached to (i) a private or commercial motor vehicle and used directly in the . motoring operation of that vehicle, ilr(ii) machinery, including but not limited to fuel, engine oil and coolant. ' " (d) Fuel oil used in existing heating systems. (e) Emergency use, stonige, and handling of hazardous. materials by governmental organizations in the p:~blic interest. 66: (f) (g). i (h) (i) G) (k) . " Hazardous materials used and stored specifically for water treatment processes of public water"systems and private systems , for the same purposes when approved by the Director. Ii . Hazardous materials contained in pfoperly operating sealed units (transformers, refrigeration units, etc.) that are not opened as part " of routine use. 'I Local natural gas distribution lines. '! . ' Fuel for e!llergency generators located at facilities that provide essential community services (hospitals, fire/life safety, police, , public shelters, telephone systems etc.). ' . Any commonly used office supply t such as correcting fluid for typewriters, toner for computer printers or cleaners for windows and bathrooms - where the supplie~' are purchased off-site for use on-site. Aggregate quantities equal to or less than 20 gallons of hazardous materials that do not containDNApLs. ~! 17.070 STANDARDS FOR APPROVAL OF DWPOVERLA Y DISTRICT APPLICATIONS WITHIN TIME OF TRAVEL ZON;ES ji Applications shall comply with the following standards. Where the following standards are more restrictive than the standards of the Uniform Fir~;Code, the following standards . shall apply: . : I' (1) 0.] year TOTZ Standards. i (a) Within the 0-1 year TOTZ, hazardousrn~terials!lr~~~llJ1f:i~~ ~t!:fMfig~~ may be stored in aggregate!quantities of no more than 500 gallons if in original containers not exceeding 5 gallons* in size: Within that aggregated 500 gallon inventory, n~ more than 150 gallons of . hazardous materials lli1t:ip~~~I!~I{:(Qfgj;QY:!!<i~ may be on the . premises in opened containers for handling, treatment; use production, or dispensing on site. Hazardous materialstfiatfp:p~!I~J~~ .. ~y:!!o.Er~t~ shall be allowed only upon)compliance with containment and safety standards set by the most recent Fire Code adopted by the City. 6 8 * A wajver of the 5 gallon maximUllJ size may be given by the Director if the applicant can demonstrate that a larger size container would pose less risk to the aquifer. ..17' 7 8 Ii ~!i"~~~, all hazardous rri~terials lli~~~W~Ji2 grQ],il!d~y~h shall be stored in areas with approved-secondary . . contaitlinent in place (Uniform Fire Cod,e Articles 2 and 8003.1.3.3). (c) All new uses of Dense Non-Aqueous Phase Liquids (DNAPLs) shall be Prohibited; ,: " (b) , . (d) Except those involving a decrease in use, any change in type of use or' an increase in .quantity of any DNAPLs shall be considered anew use and shall be prohibited. .' , (e) The following certain types of new facilities or changes in use and/or storage of hazardous materials f1.m PifS~!!1lti~K{tQ1lUQ\!ntl}VaJ~~ shall be . prohibited: I. underground hazardous material storage facilities; '. . . I! 2. hazardous material product pipelines used to transport the . hazardous material off of the tax lot where it is produced or used; II 3. 'injection weVs, except dry wells for. roof drainage; . . f . :I 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. (f) Requirements found in Uniform Fire Co(!e Appendix Il-E 3.2.6 for a monitoring program and in 8003.1.3.3 for monitoring methods to detect hazardous materials in the secondary coAtainment system shall be met . for all amounts of hazardous ll).aterials !)J\!!U).lil~l5.tmil~}ltQ1.1I)_~ .. exce.~tJtlioserexerri'ted. . lWiU.R"....-..."'i~..'"JlL._ (g) . Requirements found in Uniform Fire COQeAppendix Il-E Section 3.2.7 for inspection and record keeping procedures for monthly. in-house inspection and maintenance of contalnment and emergency equipment for all.~ounts of hazardous materials m~JillR.oseralris:K:\t~gr.s>.1.1I)UWatel\ . ~j:(:~m~Xelfj~~ shall be met. '.. .. (h) Application of fertilizers containing nitr~tes shall be restricted to no more than the amount recommended by the Lane County, Oregon State University Extension Service for tUrf grdss and shall be prohibited ' within 100 feet of a wellhead. In no everit shall a single application exceed one half pound per 1,000 square feet of area per single 88 . 8. 8 <, " ii' " , application or a total yearly application Qf 5 pounds nitr()gen fertilizer . I . per 1,000 square feet. I, (2) 1-5 year TOTZ Standards. .i " (a) The storage, handling, treatment, use, application, or production or otherwise keeping on premises ofinore than 20 gallons of hazardous materials ~P~~~lil!$I!:~l:1jgr]tl@~ in aggregate quantities not containing DNAPLs shall be allowed only upon compliance with containment and safety standards set by the most recent Fire Code . I. adopted by the City. . I' '. I (b) i_1i~~m, all ~azardous~~terials m!llrp~~i'm WJl'J!!11!&~..!i shall be stored III areas wltli approved secondary containment in place (Uniform Fire Code Articles 2 and 8003.1.3.3). " " " (c) . All new use of DNAPLs shall be prohibited. I, (d) Except those involving a decrease in use; any"cliangein the type of use or an. increase in quantity of 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 of hazardous materials ~pll;S~a!~$1<~gtQ}.~~~f , shall be Rrohibited: .1: . ~'.' l.h~iu-dous material productpipelines\used to transport th~ hazardous material off of the tax lot where it is produced or used; 2. injection wells, except dry wells for ioofdrainage; 3. solid waste landfills and transfer stations; 4. fill materials containing haZardous niaterials; . 5. land uses and new facilities that will :use, store, treat handle, and/or produce DNAPLs. . " (f) Requirements found in Upiform 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 . ~?r all amounts of hazardous materials f~WQ~~I<l1l1$1<~tQ!lt!J).smg~~ . ex(1'e-t1l'llioselexemteH. . . i8iWiWi!\3iiiv''''-''''''''''':.fL,,''''~w,,~.p~ . ' (g) Requirements found in Uniform Fire Co(\e Appendix II-E Section 3.2.7 for inspection aiJd record keeping procedures for monthly in-house .' ii . '! " 99' , \ inspection and maintenance of containment and emergency equipment for all amounts of hazardous materials !!}1ifJ?&1!1!I1$KJ1;f9!&fItW4~~r. ~.f~JlAtq~~~~~~i;! .shall be met. (3) . 5-1 0 year TOTZ Standards. (a) II 'The storage, handling, tfeatment,.use, prhduction or otherwise keeping on premises of more than 20 gallons of hazardous materials !;I;i]i!~gQ~~ H~,l(i!Qrgt&tintl~l' in aggregate quantities not containing DNAPLs' shall be allowed upon compliance' with containment and safety standards set by the most recent Fire Code adopted by the City: , I . Ii " . All hazardous materials!pjp~R~\11mB.i~d~ shall be stored in areas with approved secondary. containment in place (Uniform Fire Co?e Articles 2 and 8003.1.3.3). il All new use ofDNAPLs shall bepfohibiFed. (b) (c) (d) :i .., . Except those involving a decrease in use; any change in type of use or an increase in quantity of any DNAPLs shall b~ considered a ne~ use 'and,shall be, prohibited. (e) - ~ ' Requirements found in Uniform Fire COQe 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 LQ'~.!~PQs\f[a,1a~gtQj!Q1!~t~ ~'lmiil9~~c! shall be met. '; , , "I: (4) 10-20 year TOTZ Standards. The storage, li~dling, treatment, use, production or keeping on premises of more th)m 20 gallons of hazardous materials !tili~pJ.j~~l~!QIgt~qtl~ in aggregate quantities not containing DNAPLs shall be allowed only upon compliance with containment and safety standards set by the m6st recent Fire Code adopted by the City.' . 1 . . : '~ . , ,:-, 17.080 CONDITIONS OF APPROVAL ) . - , . j! The Director may attach conditions of approval that will minimize negative impacts of . regulated substances 011 groundwater and ensure that the fdtility 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, W,ellhead Protection Area signs, special storm water facilities or other. conditions to address specific risks associated with the proposed development. !i i; 9 8 '. . ; l 1010 17.090 APPEALS The only portion of this Article that IS subject to appeal is Section 17.060, Exemptions. The appeal.ofa 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." . " i, " " ,," " " t I: .1: 1i '10 8 , I' !! " )