HomeMy WebLinkAboutMiscellaneous APPLICANT 8/22/2008 (2)
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OVERVIEW 07/31/08
The amendment to the Drinking Water Overlay District is primarily necessitated by the
recently adopted Springfield Fire Code which supersedes the current Uniform Fire Code.
This requires amending the appropriate Fire Code references specified in this Section. In
addition to the specific Fire Code references, there are several instances where text is
added from the current Uniform Fire Code because the Springfield Fire Code does not
have any requirements equivalent to the inspection and record-keeping requirements (see
Sections 3.3-235A.7., B.7., and C.5.). This is necessary in order to preserve the existing'
inspection and record-keeping requirement for drinking water protection. The inserted text
does not represent a policy change since these requirements in the Uniform Fire Code
have been and continue to be the standard used for drinking water protection. Also, the
phrase '"hazardous materials that pose a risk to groundwater" is changed to "hazardous or
other materials that pose a risk to groundwater." (See Sections 3.3-205 through 3.3-225)
because while the SDC defines hazardous materials according to Fire Code definitions,
some materials that pose a risk to groundwater'(e.g., certain pharmaceuticals, fertilizers)
may not currently be regulated by this Section. This portion of the amendment is
considered to be a clarification of current practice.
Section 3.3-200 Drinking Water Protection Overlay District
Commentary. Proposed chanaes are hiahliahted. Revised text is underlined. {De/eteri text is
viithin biaGkots with "strike 0111'7
I 3.3-205 Purpose
A. The Drinking Water Protection (DWP) Overlay District is established to protect
aquifers used as potable water supply sources by the City from contamination.
This Section establishes procedures and standards for the physical use of
hazardous or other materials harmful to groundwater within TOTZ by new and
existing land uses requiring development approval. The provisions of this
Section are designed to:
1. 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
2. Provide standards for hazardous or other materials that pose a risk to
,groundwater within the TOTZ.
B. In order to accomplish this purpose, the DWP Overlay District includes methods
and provisions to: '
1. Restrict or prohibit the use of hazardous or other materials which are
potential groundwater contaminants;
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'; :' 'I' "< :\ \ t~' i:'"',~f hazardous or other materials that pose a risk to R~C EN' ED
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3. Review new or expanded uses of hazardous or other material that pose
a risk to groundwater.
I 3.3-210 Applicability
As of May 15, 2000, all areas within specified wellhead TOTZ automatically are rezoned to
add the DWP Overlay District to the underlying zoning district. The areas to which the DWP
Overlay District is applied are shown on the Drinking Water Protection Area Maps on file in the
Development Services Department and incorporated in this Section by reference.
I 3.3-215 Warning and Waiver of Liability
The degree of aquifer protection required by this Section in the areas designated in Section
3.3-220 is based on scientific and engineering considerations. The nature of these
considerations is 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 Section be construed to guarantee the purity of the ambient ground
water or guarantee the prevention of ground water contamination. Therefore, this Section shall
not create liability on the part of the City, or any City personnel, for any contamination that may
result from reliance on this Section or any administrative decision made under this Section.
I 3.3-220 Time of Travel Zones
A. The DWP Overlay District includes 4 TOTZ: 0-1 year; 1-5 years; 5-10 years;
and 10-20 years. The locations of the TOTZ for each wellhead are shown on
Drinking Water Protection Area Maps on file with the City's Development
Services, Public Works, and Fire and Life Safety Departments; and Springfield
Utility Board (SUB) and Rainbow Water District (RWD).
B. 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.
C. In determining the location of a property within a TOTZ, the following criteria
apply:
1. The Lane County Department of Assessment and Taxation maps shall
be used as a base map with the addition of TOTZ boundaries.
2. That portion of a tax lot that lies within a TOTZ is governed by the
restrictions applicable to that TOTZ.
3. Tax lots having parts lying within more than one TOTZ are governed by
the standards of the more restrictive TOTZ.
EXCEPTION: The Director may waive the requirenEJ) mat~elVE D
'.)" /:: ~.2':;.r'\i ..,..,~ v:rtTstrictive standards apply when all of the following~ va::l
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a. Storage, use, handling, treatment, and/or production of
hazardous or other materials that pose a risk to groundwater will
not take place within the portion of the tax lot having the more
restrictive TOTZ standards; and
b. Storage, use, handling, treatment, and/or production of
hazardous or other materials that pose a risk to groundwater will
. not take place within 50 feet of the portion of the tax lot having
more restrictive TOTZ standards; and
c. 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 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 Water Protection
Program.
I 3.3-225 Review
A. A DWP Overlay District Development Application is required when the criteria
of both Subsections A 1. and 2., below are met:
1. A site is affected by one of the following:
a. There is a change of land use, occupancy or tenancy of a
property, including, but not limited to: a change from vacant to
occupied; or
2. The action in Subsection A.1., above will:
a. Affect the storage, use, and/or production of hazardous or other
materials that pose a risk to groundwater; or
b. Increase the quantity of hazardous or other materials that pose a.
risk to groundwater that are stored, used and/or produced.
B. Prior to the submittal of a DWP Overlay District Development Application, an
exemption request may be submitted to the Director as specified in Section 3.3-
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D. Prior to undertaking an activity covered by Section 3.3-225 A., the owner or
tenant shall submit a DWP Overlay District Application to the City for review
and approval. Applications shall include the following information:
1. A Hazardous Material Inventory Statement and a Material Safety Data
Sheet 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 one gallon as specified in [Uniform
Fire Code 8001.15.1] Sprinafield Fire Code 2703.1.2.;
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;
3. 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 maximum allowable amounts as
stated in Section 3.3-235 A.;
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;
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;
6. A description of the procedures for inspection and maintenance 'of
. .containment devices and emergency equipment;
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.
E. For those development proposals requiring Site Plan Review (Section 5.17-
100) or Minimum Development Standards review (Section 5.15-1 00),
applications may be submitted concurrently.
F. The Director shall review the application and make a decision based on the
standards contained in Section 3.3-235, after consulting with the Building
Official, Fire Marshall, Public Works Director, and the managers of SUB and
. RWD, as appropriate.
I 3.3-230 Exemptions
~~~, ~e~i~: ~o::~~:~~~:~~;t any material or use from Fire Code regu'REeE1\i E D
.<~';' '.,,...'l "'-.:Exe.0Ptiphs':are. as specified in this Se.ction unless the Director, in conlillltR,tio]1
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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 Section related to that
hazardous material, activity or facility. This determination will be based upon
site and/or chemical-specific data and are eligible for appeal to the Hearings
Official as specified in Section 3,3-245.
B. Unless otherwise provided herein, the following materials are exempt from
regulation hereunder:
1. 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 Section
with the exception of the potential requirement to list these hazardous
materials on the Hazardous Materil!llnventoi"y Statement as found in .
the most recent Fire Code regulations adopted by the City. A
Hazardous Material.s 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. .
2. Hazardous materials offered for sale in their original sealed containers
of 5 gallons or less are exempt from the 500 gallon storage limit
specified in Section 3.3-235A.1.
3. 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, or machinery, including, but not limited to: fuel,
engine oil and coolant.
4. Fuel oil used in existing heating systems.
5. Emergency use, storage, and handling of hazardous materials by
governmental organizations in the public interest.
6. 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.
7. Hazardous materials contained in properly operating sealed units
(including, but not limited to: transformers, refrigeration units) that are
not opened as part.of routine use.
8. Local natural gas distribution lines.
,.' ':(.': '~<".r 9.,...~;J~ luel for emergency generators located at facilities th~t rovide essential
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10. Any commonly used office supply - including, but not limited to:
correcting fluid for typewriters, toner for computer printers or cleaners for
windows and bathrooms - where the supplies are purchased off-site for
use on-site. .
11. Aggregate quantities equal to or less than 20 gallons of hazardous
materials that do not contain DNAPLs.
I 3.3-235 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 of the [Uniform] Sorinqfield Fire Code, the following
standards apply:
A. 0 -1 year TOTZ Standards.
1. Within the 0-1 year TOTZ, hazardous materials that pose a risk to
groundwater 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, no more than 150 gallons of
hazardous materials that pose a risk to groundwater may be on the
premises in opened containers for handling, treatment, use production,
or dispensing on site. Hazardous materials that pose a risk to
groundwater are allowed only upon compliance with containment and
safety standards specified by the most recent Fire Code adopted by the
City.
'A waiver of the 5-gallon maximum size may be given by the Director if
the applicant can demonstrate that a larger size container would pose
less risk to the aquifer.
2. Unless exempted, all hazardous materials that pose a risk to
groundwater shall be stored in areas with approved secondary
containment in place [(Uniform Fir-{! Caae Articles 2 ana 8003.1.3.3]
Sorinqfield Fire Code 2702.1 and 2704.2.2).
3. AII.new uses of Dense Non-Aqueous Phase Liquids (DNAPLs) are
prohibited.
4. Any change in type of use or an increase in maximum daily inventory
quantity of any DNAPL shall be considered a new use and prohibited.
5. The following certain types of new facilities or changes in use and/or
storage of hazardous materials that pose a risk to groundwater are
prohibited:
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a. Underground hazardous material storage facilities;
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,.....,: I'I ,I.,.. :''''','-''. nh',. 'hazardous matenal off of the tax lot wher It IS produced or used;
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c. Injection wells
EXCEPTION: Dry wells for roof drainage;
d. Solid waste landfills and transfer stations;
e. Fill materials containing hazardous materials;
f. Land uses and new facilities that will use, store, treat, handle,
and/or produce DNAPLs.
6. Requirements found in [(Uniform Fire Cese Appensix II E 3.2.6]
Sprinqfield Fire Code 2704.2.2.5) for a monitoril)g program and [ill
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 that pose a risk to groundwater unless exempted.
7.
The followinq requirements [tollnd in Uniform Fire Csse .'\ppensix liE.
Semien 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 that pose a risk to
groundwater shall be met unless exempted: Schedules and procedures
for inspectinq safety and monitorinq and emerqency equipment. The
applicant shall deyelop and follow a written inspection procedure
acceptable to the Director for events or practices which could lead to
unauthorized discharqes or hazardous materials. An inspection check
sheet shall be developed to be used in coniunction with routine
inspections. The check sheet shall provide for the date. time. and
location of inspection: not problems and dates and times of corrective
actions taken: and include the name of the inspector and the
countersiqnature of the desiqnated safety manaqer for the faciiity. g;
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Application of fertilizers containing nitrates are restricted to no 'more than
the amount recommended by the Lane County, Oregon State University
Extension Service for turf grass and are 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 feef.;\
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B. 1-5 year TOTZ Standards.
1.
The storage, handling, treatment, use, application, or production or
otherwise keeping on premises of more than 20 gallons of hazardous
materials that pose a risk to groundwater in aggregate quantities not
containing DNAPLs are allowed only upon compliance with containment
and safety standards specified by the most recent Fire Code adopted by
the City.
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. groundwater shall be stored In arene~~ tlWnfig
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The followinq requirements [fGbme in Uniferrn FiFe Ceee /\J'lpeneix II !;;
Sestien J.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 that pose a risk to
groundwater shall be met unless exempted: Schedules and procedures
for inspectinq safety and monitorinq and emerqencv equipment. The
applicant shall develop and follow a written inspection procedure
acceptable to the Director for events or practices which could lead to
unauthorized discharQes or hazardous materials. An inspection check
sheet shall be developed to be used in coni unction with routine
inspections. The check sheet shall provide for the date. time. and
location of inspection: not problems and dates and times of corrective
actions taken: and include the name of the inspector and the
. ... countersiqnature of the desiqnated safetv manaqer for the facilitv.
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containment in place [(Uniferrn Fire Ceee I\rticles 2 (lne !!OOJ.1.J.J
Springfield Fire Code 2702.1 and 2704.2.2).
3. All new use of DNAPLs are prohibited.
4. Any change in the type of use or an increase in maximum daily
inventory quantity of any DNAPL is considered a new use and is
prohibited.
5. The following certain types of facilities or changes in chemical use
and/or storage of hazardous materials that pose a risk to groundwater
are prohibited:
a. Hazardous material product pipelines used to transport the
hazardous material off of the tax lot where it is produced or JJsed;
b. Injection wells.
EXCEPTION: Dry wells for roof drainage;
c. Solid waste landfills and transfer stations;
d. Fill materials containing hazardous materials;
6.
e. Land uses and new facilities that will use, store, treat handle,
and/or produce DNAPLs. .
Requirements found in [Uniform Fir-e Coee Appendix II e J.2.e fer (I
rnenilerinll prollr-arn and in !!OOJ.1.J.J fer] Sprinqfield Fire Code
2704.2.2.5 for a monitorinq proqram and monitoring methods to detect
hazardous materials in the secondary containment system shall be met
for all amounts of hazardous materials that pose a risk to groundwater
unless exempted.
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1. The storage, handling, treatment, use, production or otherwise keeping
on premises of more than 20 gallons of hazardous materials that pose a
risk to groundwater in aggregate quantities not containing DNAPLs is
allowed upon compliance with containment and safety standards
specified by the most recent Fire Code adopted by the City
2. All hazardous materials that pose a risk to groundwater shall be stored
in areas with approved secondary containment in place ([Uniform Fire
Coee Articles 2 ana 1l00a.1.a.a] SprinQfield Fire Code 2702.1 and
2704.2.2).
3. All new use of DNAPLs are prohibited. .
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.
The followinQ requirements [folJnd in Uniform Fir-e Cede ^l3l3endix II E
Section a.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 that pose a risk to
groundwater shall be met unless exempted: Schedules and procedures
for inspecting safety and monitorina and' emerQency equipment. The
applicant shall develop and follow a written inspection procedure
acceptable to the Director for events or practices which could lead to
unauthorized discharaes or hazardous materials. An inspection check
sheet shall be developed to be used in coniunction with routine
inspections. The check sheet shall provide for the date. time. and
location of inspection: not problems and dates and times of corrective
actions taken: and include the name of the inspector and the
countersianature of the desianated safety manager for the facility.
D. 10-20 year TOTZ Standards. 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.
I 3.3-240 Conditions
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 ~tandatdll t5pecifie9 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 o'r othefConditions to address specific risks associated with the proposed
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I 3.3-245 Appeals
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The only portions of this Section that are subject to appeal are Section 3.3-225F., the
Director's decision on a DWP application, Section 3.3-230, Exemptions, and Section 3.3-
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235A.1., Waiver. The appeal of a decision of the Director may be appealed as specified in
Section 5.3-115.
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