35.35.180 Regulations – Critical aquifer recharge area protection standards.
(1) Protection standards for critical aquifer recharge areas have been incorporated into the water quality regulations in Article IV of Chapter 35.25 CCC and into the provisions for specific shoreline uses in Chapter 35.15 CCC. Such standards shall be considered the minimum necessary to protect critical aquifer recharge areas.
(2) Aboveground/underground storage tanks or vaults for the storage of hazardous substances, animal wastes, sewage sludge, fertilizers, or other chemical or biological hazards or dangerous wastes as defined in Chapter 173-303 WAC, or any other substances, solids or liquids in quantities identified by the Clallam County Environmental Health Division, consistent with Chapter 173-303 WAC, as a risk to groundwater quality, shall be designed and constructed so as to:
(a) Prevent the release of such substances to the ground, groundwaters, or surface waters;
(b) Be contained or enclosed by an impervious containment area with a volume greater than the volume of the storage tank or vault to avoid an overflow of the containment area;
(c) Provide for release detection;
(d) Provide written spill response and spill notification procedures to the local fire district;
(e) Use material in the construction or lining of the storage containment area which is compatible with the substance to be stored to protect against corrosion or leakage, or otherwise designed in a manner to prevent the release or threatened release of any stored substance; and
(3) The Administrator may grant a waiver from one or more of the requirements in subsection (2) of this section upon a finding that the aboveground storage activity would not create a significant risk to groundwater quality. Aboveground or underground storage facilities designed and maintained according to an approved plan from the Natural Resources Conservation Service or Clallam Conservation District are exempt from these requirements but remain under the jurisdiction of the County to ensure compliance with the protective features of this section and for enforcement purposes.
(4) The use of fertilizers, herbicides, pesticides or other chemicals for vegetation management within critical aquifer recharge areas shall adhere to best management practices to prevent impacts to water quality and water supply. Where the application of such chemicals covers five or more acres, a mitigation plan shall be required pursuant to CCC 35.40.030.
(5) Land divisions in critical aquifer recharge areas shall be evaluated for their impact on groundwater quality. The following measures may be required by the Administrator as a part of the review of the proposed land division based on site conditions after consideration of available data:
(a) An analysis of the potential nitrate loading to the groundwater shall be required to assess the impact on groundwater quality.
(b) Alternative site designs, alternative sewage disposal system design (e.g., denitrification), phased development and/or groundwater quality monitoring shall be required to reduce contaminant loading where site conditions indicate that the proposed action will measurably degrade groundwater quality.
(c) Open spaces shall be required on development proposals overlying areas highly susceptible to groundwater contamination.
(d) Community/public water systems and community drainfields shall be required where site conditions indicate a high degree of potential contamination to individual wells from on-site or off-site sources.
(e) Site work to create the lots does not create significant erosion or landslide hazard or reduce slope stability.
(6) In designated critical aquifer recharge areas, utility facilities which carry oil, gas or any other hazardous substance as defined in Chapter 173-303 WAC shall provide hydrologic information in addition to spill prevention measures and an emergency spill management plan.
(7) New sewage and sludge disposal, except on-site sewage systems releasing less than 14,000 gallons per day and approved consistent with Chapter 246-272 WAC and local health codes, shall be prohibited in critical aquifer recharge areas within the shoreline jurisdiction. This standard does not apply to individual, on-site sewage systems sited consistent with this Program and compliant with all local and State health regulations and maintenance requirements.