17.135.100 Best management practices for Class I and Class II activities

17.135.100 Best management practices for Class I and Class II activities.

(1) Development Restrictions. No Class I or Class II operations shall be permitted within the one-year time of travel zone in a wellhead protection area. No Class II operations shall be permitted within the five-year time of travel zone in a wellhead protection area.

(2) Structural Best Management Practices. All new Class I and II operations shall implement the provisions of this section prior to the date of issuance of the certificate of occupancy.

(a) Design and Construction. Operations shall be designed, constructed, maintained and operated to minimize the possibility of an unplanned release of hazardous materials to soil or water resources.

(b) Container/Tank Management. A container or tank holding a hazardous material shall always be closed, except to add or remove materials. Hazardous materials shall also be managed so that they do not damage the structural integrity of the operation or devices containing the material.

(c) Container/Tank Condition. All containers and tanks shall be maintained in such a manner as to assure effective operation and prevent the release of hazardous materials.

(d) Container/Tank Identification. The owner/operator shall label all containers and tanks containing hazardous materials to identify the major risk(s) associated with the contents. This labeling shall conform to applicable sections of the Uniform Fire Code, Occupational Safety and Health Standards, and/or the State of Washington’s Dangerous Waste Regulations.

(e) Releases and Ancillary Equipment. Any leaking pipe, pump, or other ancillary equipment shall be repaired or replaced promptly. All hazardous materials that have been released are to be contained and abated immediately. The City is to be notified of any release of hazardous materials in quantities greater than or equal to the reportable quantities referenced in 40 CFR 302.4 (also referenced in Section 103a of CERCLA), or releases of other hazardous materials that clearly impact water resources, as soon as possible but no later than 24 hours after the release. Ancillary equipment associated with hazardous materials shall be supported and protected against physical damage and excessive stress.

(f) Compatibility. The owner/operator shall use a container or tank made of or lined with materials which are compatible with the hazardous materials to be stored.

(g) Containment. Container and tank storage areas shall have a containment system that is capable of collecting and holding spills and leaks. This containment shall:

(i) Be constructed of an impervious surface with sealed joints;

(ii) Joints between concrete slabs and slab/foundation interfaces should be eliminated or minimized in the operation;

(iii) Provide pollution control measures to protect water resources, including run-off collection and discharge from active areas;

(iv) Be designed to provide secondary containment of 110 percent of the container’s or tank’s capacity; or in areas with multiple tanks, 110 percent of the largest tank or 10 percent of the aggregate tank volumes, whichever is larger. Secondary containment shall be provided in all areas where hazardous materials are loaded/unloaded, transferred, accumulated or stored; and

(v) Be compatible with the materials that are being handled.

(h) Loading Areas. Loading and unloading areas shall be designed, constructed, operated and maintained to:

(i) Contain spills and leaks that might occur during loading/unloading;

(ii) Prevent releases of hazardous materials to water resources;

(iii) Contain wash waters (if any) resulting from the cleaning of contaminated transport vehicles and load/unload equipment; and

(iv) Allow for removal as soon as possible any collected hazardous materials resulting from spills, leaks, and equipment cleaning.

(i) Closure. At closure of an operation, all remaining structures, containers, tanks, liners, and soil containing or contaminated with hazardous materials at concentrations above state and federal regulatory thresholds shall be decontaminated and properly disposed of or managed.

(a) All new Class I and II operations shall develop and implement a Spill and Emergency Response Plan (SERP) within 90 days of the date of issuance of the certificate of occupancy. Other operations may also be required to develop and implement a SERP if the city determines this action will help prevent releases of hazardous materials to water resources.

(b) The SERP shall be maintained on-site, and shall be made available to the city upon request.

(c) The SERP shall be updated at least every five years or as needed to reflect significant changes in operation or practices.

(d) At a minimum, the SERP shall include the following information:

(A) Drawings including the layout of the operation, a floor plan, direction of drainage, entrance and exit routes, and areas where hazardous materials are received, stored, transported, handled or used in operations.

(B) Listings of all hazardous materials on-site including types, volumes, locations and container types and sizes.

(C) Spill prevention related equipment including equipment which serves to detect releases of potential water resources contaminants.

(A) Chain of command and procedures for spill response.

(B) Phone list of response agencies including federal, state and city emergency contact numbers and environmental cleanup companies.

(iii) Certification. The SERP shall include a certification signed by an authorized representative of the operation stating: “I certify that the information provided in this document is to the best of my knowledge true and complete, and the spill prevention equipment and emergency response measures described herein are as stated.” The signed certificate shall include the authorized representative’s name (printed), title, and contact information.

(a) All new Class I and II operations shall implement the provisions of this section upon issuance of certificate of occupancy. Other operations may also be required to implement these provisions if the city determines this action will help prevent releases of hazardous materials to water resources.

(b) Schedule. The owner/operator shall develop a written schedule for inspecting all monitoring equipment, safety or emergency equipment, security devices, and any other equipment that helps prevent, detect, or respond to water resource-related hazards.

(c) Regular Inspections. The owner/operator shall perform site inspections to identify malfunctions and deterioration of equipment or containers, operator errors, discharges, or any other condition that may cause or lead to the release of hazardous materials to water resources. The owner/operator shall conduct these inspections often enough to identify problems in time to correct them before they impact water resources. Inspections shall be completed in all areas where hazardous materials are managed and a written record of those inspections made at least annually.

(d) Water Resource-Related Hazard Mitigation. The owner/operator shall remedy any problems revealed by the inspection. Where a water resource-related hazard is imminent or has already occurred, remedial action shall be taken immediately.

(a) All new Class I and II operations shall implement the provisions of this section upon issuance of certificate of occupancy. Other facilities also may be required to implement these provisions if the city determines this action will help prevent releases of hazardous materials to water resources.

(b) Operations shall develop a training program or amend an existing program that informs employees at least once each year of any possible risks to water resources associated with on-site operations. The owner/operator shall ensure that employees know or understand:

(i) The location of hazardous materials managed at the operation and the associated potential risks to water resources;

(ii) The location of material safety data sheets (MSDS) at the operation;

(iii) How employees can detect the presence or release of hazardous materials;

(iv) How employees can protect themselves through work practices, emergency procedures, and with personal protective equipment;

(v) How to locate and use the operation’s spill and emergency response plan; and

(vi) How to prevent the pollution or contamination of water resources.

(a) Each new Class II operation shall prepare and submit to the city a closure plan within six months of the date of issuance of the certificate of occupancy. Class II operations shall ensure that their facilities are closed in a manner that prevents the release of hazardous materials during closure, protects water resources, and prevents post-closure escape of hazardous materials to water.

(b) Plan Requirements. The closure plan shall detail the means by which the operation will, upon any closure anticipated to be longer than two years, remove and properly dispose of hazardous materials, and perform an investigation to confirm the presence or absence of hazardous materials in the soil and groundwater, if potential contamination is indicated. Specifically, the closure plan shall include the following:

(i) A listing of the types and quantities of hazardous materials reasonably expected to be present on-site during the operating life of the operation.

(ii) A description of the plan for removal and disposal of hazardous materials.

(iii) A description of the plan to decontaminate containment systems and ancillary equipment.

(iv) An estimate of the cost to implement the closure plan, using the assumption that a third party will conduct removal and disposal activities.

(v) A certification signed by an authorized representative of the business/industry submitting the closure plan stating, “I certify that the information provided in this document is to the best of my knowledge accurate and the closure measures described herein will be implemented as stated.” The signed certificate shall include the authorized representative’s name (printed), title, and contact information.

(c) Report Update. The owner/operator of an operation shall update the closure plan every five years or recertify the current information and estimates. The closure plan shall also be updated if operating procedures change in such a way that the volume/mass of hazardous material is increased by 25 percent or more.

(7) Engineering and Operating Report. When the city recognizes and demonstrates a need for additional information on an operation’s practices, the city may require the operation to submit an engineering and operating report to accommodate the city’s review of operations and to prevent releases of hazardous materials to water resources. If required, the report shall provide the following:

(a) The type of industry or business including the kind and quantity of finished products.

(b) A process flow diagram illustrating the process flow of water and materials in a normal operating day. This will include details on the operation’s plumbing and piping and where specific chemicals are added to processes.

(d) A discussion of any discharges through land applications, including seepage lagoons, irrigation, and subsurface disposal. As applicable, this discussion should also include the depth to groundwater and anticipated overall effects of the operations on the quality of water resources.

(e) Provisions for any plans for future expansion or intensification.

(f) A certification signed and dated by an authorized representative of the operation stating: “I certify that the information provided in this document is to the best of my knowledge true and complete.” The signed certificate shall include the authorized representative’s name (printed), title, and contact information.

(a) Operations shall maintain records of required inspection, training, cleaning and maintenance events. Where operations are otherwise required by the city or another agency to maintain such records, those records shall satisfy this requirement. All operations shall maintain these records on-site for at least three years and shall make them available to the city upon request.

(b) Plans, reports or other documentation concerning the management of hazardous materials shall also be made available to the city upon request.

(c) Information provided to the city will be available to the public. Information not claimed as confidential at the time of submission will be made available to the public when requested. (Ord. 1164 § 4, 2004).