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HomeMy WebLinkAboutNotice PLANNER 3/9/2010 . . ~ RECEIVED AFFIDAVIT OF SERVICE MAR 9 2010 BY:1{&tJ~.p db ~ l 5Q B f~ STATE OF OREGON) )ss. County of Lane ) I, Karen LaFleur, being first duly sworn, do hereby depose and say as follows: 1. I state that I am a Program Technician for the Planning Division of the Development Services Department, City of Springfield, Oregon. 2. I state that in my capacity as, Program Technician, I prepared and caused to be mailed copies ofhR.<!.2.0lo-=to 'r1Mlb tl2>~~...,:"..../ bLUP ~~ Fo~c; (See attachment "A") on 3ft - .2010 addressed to (see "- a4.Q. Attachment B"), by causing said 'letters to be placed in a U.S. mail box with postage fully prepaid thereon. ~tVtML.)! ~ ~ KAR~N jaFLEuR V )' STATE OF OREGON, County of Lane ';J!1M~ 1 .2010. Personally appeared the above named Karen LaFleur, Progr m Technician, who acknowledged the foregoing instrument to be their voluntary act. Before me: a ~ OFFICIAL SEAL DEVETTE KELLY NOTARYPUSLlC - OREGON COMM!SSION ~'), 420351 MY COMMISSION EXPIRES AUG, 15. 2011 /JtAf/l,- ~ '?' /16ft I , , My Commission Expires: ." . . CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 (541) 726-3759 NOTICE OF DECISION . DRINKING WATER PROTECTION OVERLAY DISTRICT PERMIT Date of Letter March 9, 2010 Journal Number DRC20 I 0-00006 Applicant's Representative Dave Kimmel PDG 1335 SW 66th Avenue Suite 20 I Portland, OR 97225 Applicant Jackson's Food Stores 3450 Commercial Ct Meridian, ill 83642 ReQuest Approval is requested for installation of a new 10,000 gallon underground diesel fuel tank for the Jackson's Food Store located at the southeast comer of Gateway Street and Kruse Way. The site is developed with a convenience store and Chevron gas bar dispensing three grades of unleaded fuel. Installation ofthe new underground diesel fuel tank is proposed in accordance with a Building Permit for the work (Case C0M201 0-00051). The property is located at 3375 Gateway Street in Springfield (Assessor's Map 17-03-22-20, TL 901), and the site is zoned Community Commercial (CC). It appears the 5 year Time of Travel Zone (TOTZ) - a reference contour on the City's wellhead protection maps - is located at or near the south boundary of the site. Therefore, the site (and in particular the proposed underground tank location) is located almost entirely within the 1-5 year TOTZ for the Sports Way wellhead. In accordance with Springfield Development Code (SDC) Section 3.3-220.C.3, where properties have parts lying within one or more TOTZ they are governed by the more restrictive standards. For the purpose of this review, the applicant's submittal will be reviewed for compliance with the 1-5 year TOTZ regulations in accordance with SDC Section 3.3-235.B. Background Nearly one hundred percent of Springfield's drinking water comes from wells. Springfield's drinking water supply and water quality protection is a critical part of Springfield's Drinking Water Protection Plan. A Drinking Water Protection (DWP) Overlay District application is required in conjunction with any development application when the development will affect the storage, handling, treatment, use and/or production of hazardous materials that, in aggregate, pose a risk to groundwater (SDC 3.3-205.B). This DWP decision is required prior to issuance of il . . " Building Permit for the new underground diesel fuel tank. Decision Preliminary Plan Approval, with conditions, as of the date of this letter. Other Uses Authorized bv the Decision None. SUBNUTTALSTANDARDS SDC 3.3-225.D sets standards for review materials: 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 I gallon in conformance with Springfield 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 3.3-235.A; 4. A description of the primary and any secondary containment devices proposed, and, if applicable, dearly 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. APPROVAL STANDARDS Springfield Development Code 3.3-235.B sets the standards for 1-5 year TOTZs: 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 Dense Non~Aqueous Phase Liquids (DNAPLs) are allowed only upon compliance with containment and safety standards specified by the most recent Fire Code adopted by the City. 2. Unless exempted, all hazardous or other materials that pose a risk to groundwater shall be stored in areas with approved secondary containment in place (Springfield Fire Code 2702.1 and 2704.2.2). 3. All new use ofDNAPLs 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 or other 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 used;. . b. Injection wells. EXCEPTION: Dry wells for roof drainage; c. Solid waste landfills and transfer stations; d. Fill materials containing hazardous materials; e. Land uses and new facilities that will use, store, treat, handle and/or produce DNAPLs. 6. Requirements found in Springfield Fire Code 2704.2.2.5 for a monitoring program and monitoring methods to detect hazardous or other materials in the secondary containment system shall be met for all amounts of hazardous materials tbat pose a risk to. groundwater unless exempted. 7. The following requirements for inspection. and record keeping procedures for monthly in-house inspection and maintenance of containment and emergency equipment for all amounts of hazardous or other materials that pose a risk to groundwater shall be met unless exempted: Schedules and procedures for inspecting safety and monitoring and emergency equipment. The applicant shall develop and follow a written inspection procedure acceptable to the Director for inspecting the facility for events or practices that could lead to unauthorized discharges or hazardous materials. An inspection check sheet shall be developed to be used in conjunction with routine inspections. The check sheet shall provide for the date, time, and location of inspection; note problems and dates and times of corrective actions taken; and include the name of the inspector and the countersignature of the designated safety manager for the facility. STAFF FINDINGS AND CONDITIONS Submittal Standards Procedural Finding I: The applicant submitted a DWP Overlay District Development application addressing SDC 3.3-235 on February 5, 2010. The application is deemed incomplete due to partial or missing submittal materials. Staff have conducted a. review of the proposed 10,000 gallon underground diesel fuel storage tank within an existing convenience store and fueling facility. This decision has been conditioned such that submittal of incomplete materials is necessary to obtain City building permits and ensure compliance with DWP Overlay District requirements. Procedural Finding 2: This DWP Overlay District application applies to the entire site and not just the proposed underground diesel tank. Therefore, the entire facility will need to demonstrate compliance with the 1-5 Year TOTZ standards of SDC 3.3-235.B including but not limited to submittal of a Hazardous Material Inventory Statement (HMIS) and a Hazardous Material Management Plan (HMMP), and provision of secondary containment for all hazardous materials used, dispensed, stored or kept on the site. Procedural Finding 3: City staff and the Springfield Utility Board (SUB) Water Quality Protection Coordinator have reviewed the submitted materials. The Springfield Fire Marshal's Office and suB Water Quality Protection will be conducting site inspections as may be necessary to ensure that any required monitoring, secondary containment, and spill protection measures are implemented. . . , General Finding Finding 4: The 1-5 year TOTZ is highly susceptible to contamination from chemicals that may be spilled or leaked onto the ground surface. Special precautions, including the safe handling and storage of chemicals, will be required during building operations to prevent groundwater contamination. Any chemical spills or leaks must be cleaned up immediately and cleanup materials disposed off-site and in 'accordance with Lane County and Oregon Department of Environmental Quality (DEQ) requirements. In every case, care shall be taken to prevent groundwater contamination. Approval Standards Finding 5: The applicant's project narrative indicates that the proposal is for a 20,000 gallon underground diesel fuel tank, whereas the site plan describes a 10,000 gallon underground diesel fuel tank. In telephone discussions with City staff, the applicant has stated that the proposal is for a 10,000 gallon underground diesel fuel tank. Therefore. this review will be based on the 10.000 gallon tank proposal. Finding 6: The nature of the existing and proposed use on the site (ie. storage and dispensing of vehicle fuels) will result in quantities and types of hazardous materials that require special handling, storage, secondary containment, and proper disposal. The hazardous materials expected to be used, dispensed, stored or kept on the site include fuel, lubricants, petroleum products, and other automotive fluids. Finding 7: The applicant has submitted Material Safety Data Sheets (MSDS) for Chevron and Texaco mid..grade unleaded gasoline (currently used and stored on the site), and for Chevron diesel fuel No.2 (proposed to blJ used and stored on the site). The applicant also submitted a copy of the facility's 2009 Oregon State Fire Marshal hazardous substance information survey. However, the applicant has not submitted a Hazardous Material Inventory Statement (HMIS) using the format required by Springfield Fire & Life Safety. The HMIS shall include all products to be used, dispensed, stored or kept on the site including those offered for retail sale. Finding 8: The applicant has submitted a monthly checklist sheet for fuel system inspections, which is one component of a Hazardous Materials Management Plan for the site. However, the applicant's submitted checklist does not address or describe all hazardous materials used, dispensed, stored or kept on the site. Additionally, the applicant's submittal does not adequately address the safe handling and operation of the tank and fuel dispensing facilities, such as provision of spill kits, spill prevention, and spill clean-up procedures. Finding 9: The applicant's submittal provides for periodic monitoring of the fuel system facilities, but does not provide for staff training on the proper handling and storage of chemicals and hazardous materials to be used, dispensed, stored or kept on the site, including provision for reporting and cleaning up spills, spill containment, safe materials handling, signage, and proper disposal of wastes. Finding 10: The applicant's HMMP must include a standard notification procedure in the event of a hazardous material release in Springfield (ie. to call 911), which dispatches information to SUB Water Quality Protection. Providing a notification statement and ensuring this procedure is followed is important because SUB needs: to be notified as soon as possible if a chemical release has the potential to contaminate groundwater resources or nearby drinking water wells. Finding II: The applicant's submittal does not identifY the storm drain locations on the site, or describe measures for protecting the on-site stormwater drainage system against hazardous material spills. 1bis information must be included in the HMMP for the site. If necessary, SUB Water Quality can provide a sample HMMP template for the applicant to use. Finding 12: To address the requirements of SDC 3.3-235.D and the relevant sections of the Springfield Fire Code, the applicant shall implement containment and safety measures as may be required to protect groundwater. Among other measures, groundwater monitoring will be required to protect against potential contaminant migration toward the municipal drinking water well, which is located to the north and west (and down-gradient) ofthe subject site. . . The applicant will need to submit a proposal for groundwater monitoring that describes the location and installation of monitoring wells, th'e sampling timing and frequency, and the constituents to be sampled. Monitoring data will be submitted to Springfield Utility Board - Water Quality Division. At least one monitoring event will be required before installation and operation ofthe new underground diesel fuel tank. Finding 13: The applicant is proposing to install electronic leak detection technology for monitoring the existing and proposed underground fuel tanks. The, leak detection system cut sheets indicate that the module is also capable of monitoring vapor and groundwater. Finding 14: All hazardous materials used, dispensed, stored or kept on the site are to be stored with secondary containment as recommended by the state Department of Environmental Quality (DEQ) and SUB Water Quality Protection, and as approved by the Fire Marshal. Finding 15: The applicant is proposing to install fuel dispenser sumps and fuel system piping that can be equipped with secondary containment to capture spills and prevent leaks. The applicant provided specifications for the proposed underground diesel fuel tank and dispenser sump, and manufacturer's cut sheets that list various installation options. However, the applicant has not indicated which options will be installed with this proposal, and whether any or all piping will have secondary containment. Additionally, it is not clear if the tank cavity will have a lined sump. Finding 16: The applicant is not proposing to use, store or produce Dense Non-Aqueous Phase Liquids (DNAPLs) during norinal operations. In the event there is a change of use for the tenant lease space, storage or use of DNAPLs by future building occupants is also prohibited. Finding 17: There are no anticipated operations that would be using or generating DNAPLs on the site. However, the applicant has not submitted comprehensive HMlS sheets to confrrm that DNAPLs will not be used, dispensed, stored or kept on the site. Finding 18: The applicant is not proposing any activities or facilities that are listed as prohibited in accordance with SDC 3.3-235.B. Finding 19: The applicant has not provided a plan for disposition of unused hazardous materials or hazardous material waste products (that exceed allowable quantities), including the type of transportation and selected route(s) from the site. This information must be included in the HMMP for the site. Conclusion: . The above fmdings indicate that the existing and proposed uses can be protected if the applicant prepares and submits an HMlS; implements an HMMP for the site; instructs staff on proper use, handling and disposal of petroleum products and hazardous wastes; conducts groundwater monitoring procedures;' and observes ongoing monitoring and inspection of leak detection equipment and containment measures. The following conditions of approval are applied for full compliance with the above standards of SDC 3.3-235.B,' SDC 3.3-225.D to F, and the Springfield Fire Code: CONDITIONS OF APPROVAL: 1. Prior to installing the new underground diesel fuel tank, the applicant shall prepare and submit an HMMP acceptable to Springfield Fire & Life Safety and SUB Water Quality for all hazardous materials that are used, dispensed, stored or kept on the site. 2. Prior to installing the new underground diesel fuel tank, the applicant shall prepare and submit an HMIS acceptable to Springfield Fire & Life Safety and SUB Water Quality for all hazardous materials that are used, dispensed, stored or kept on the site. 3. Prior to installing the new underground diesel fuel tank, the applicant shall confirm the type of . . secondary containment measures to be installed for the tank, tank cavity, dispenser sump, and fuel system piping. 4. Prior to installing the new underground diesel fuel tank, the applicant shall submit a groundwater monitoring plan acceptable to the City and SUB Water Quality. , 5. Prior to commencing operation of the new underground diesel fuel tank, the applicant shall conduct a groundwater monitoring event and provide monitoring data acceptable to'SUB Water Quality. 6. Prior to commencing operation of the new underground diesel fuel tank, the applicant shall install SUB Water Quality wellhead protection signs at conspicuous locations on the site. 7. Inspections are required to verify that the construction standards and ongoing or operational conditions of approval are being met and that the measures described in the applicant's HMMP and other supporting materials are being followed at the fuel facility. The applicant shall contact Amy Chinitz, 'SUB Water Quality Protection Coordinator at (541) 744-3745 to schedule a site inspection. 8. The applicant is advised that following issuance of Final Occupancy, the Fire Marshal and/or SUB Water Quality Protection may perform follow-up visits to monitor the site for compliance with provisions of the HMMP and this decision. Ouestions Please call the Development Services Department at (541) 726-3660 or Amy Chinitz at SUB Water Quality Protection (541-744-3745) if you have questions regarding this process. ., . \ \. \\ \. \ \ , " \ \. ... . . . CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 ....... ,." Dave Kimmel.. PDG 1335 SW 66th Avenue Portland, OR 97225 CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 ". . ,,". " , "0,., . '. " -'. . . ." "; ;.\ Jackson's Food Stores 3450 Commercial Ct. . Meridian, ID 83642 . '" (lC', . ..,~O-@SU~ ."",", ,,- "(:)". . . .. . - .. ,,", ,', . .,. ",. -. : :. :: .~..