HomeMy WebLinkAboutord2009-063 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-285A
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Introduction
Originator: RM 7/7/09 u 7/21/09
if E it e% IL ''
Division Head: 8/4/09 Hearing
Dept.Head: • e7 JUL 1 4 2009
Prosecutor: 7' 7° 1NHATCOM COUNTY
• COUNCI
Purchasing/Budget:
Executive: A / A ?Al
TITLE OF D I UME$T: Addition to Title 16(WCC 16.16.)Whatcom County Critical Areas Ordinance
ATTACHMENTS:
• Draft Ordinance
• Pronosed addition of WCC 16.16.540:Area., within the Rural Residential District of Lummi Island
SEPA review required? ( X) Yes ( ) NO Should Clerk schedule a hearing? (X ) Yes ( ) NO
SEPA review completed? (X ) Yes ( ) NO Requested Date: 8/04/09
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing,you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
Ordinance to amend Title 16; WCC 16.16: Areas within the Rural Residential District of Lummi Island. The
amendments add a new section (WCC 16.16.540) to the Whatcom County Critical Areas Ordinance regulating
new wells on Northern Lummi Island.
COMMITTEE ACTION: COUNCIL ACTION:
7/21/2009: Introduced
8/04/2009: Council Adopted 4-2, Brenner and
Nelson opposed and Crawford absent
Ord. 2009-063
Related County Contract#: Related File Numbers: Ordinance or Resolution Number:
PDS File# CMP 2008-00009 Ord. 2009-063
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at: www.co.whatcom.wa.us/council.
SPONSORED BY Consent
PROPOSED BY : PDS
INTRODUCTION DATE : 7 / 21 / 09
ORDINANCE # 2009 - 063
AMEND THE CRITICAL AREAS ORDINANCE TO ADD GROUNDWATER
PROTECTION MEASURES FOR NORTHERN LUMMI ISLAND
WHEREAS , the Lummi Island Subarea Plan was adopted on May 12 , 2009 ; and
WHEREAS , the Lummi Island Subarea Plan is a part of the Whatcom County Comprehensive Plan;
and
WHEREAS, the aquifer system on Northern Lummi Island was identified as a critical resource for
the residents of Lummi Island; and
WHEREAS, Whatcom County hired Aspect Consulting to perform a Hydrogeologic Investigation
of the aquifer system on Northern Lummi Island; and
WHEREAS, Aspect Consulting provided a proposed methodology for the protection of the aquifer
system of Northern Lummi Island; and
WHEREAS, the Lummi Island Subarea Plan Goal 2 . 6 states : Amend the Whatcom County
Critical Areas Ordinance to implement the recommendations of the December 31 , 2006 Aspect
Consulting : Conceptual Methodology for Evaluating Groundwater Withdrawal Proposals on
North Lummi Island; and
WHEREAS, Legal notice of the Planning Commission hearing was published in the Bellingham
Herald; and
WHEREAS, The Planning Commission held a public hearing on the proposal ; and
WHEREAS, The County Council has considered the Planning Commission ' s recommendations .
The Council makes the following findings of fact and conclusions :
FINDINGS OF FACT
1 . Increased rates of dry wells, arsenic contamination and chloride levels have been
documented by the Whatcom County Environmental Health Department (P. Chudek,
personal communication, August 2003).
2 . Arsenic is a primary contaminant based on its acute or chronic health effects . It enters the
P. 1
water through natural erosion of rocks and soil that contain arsenic . Swallowing relatively
large amounts can cause mild symptoms, serious illness, or in extreme cases, death. Long
tutu exposure to small amounts increase the risk of developing cancer of the bladder,
lung, skin, liver, kidney, or prostate .
Chloride is a secondary contaminant based on factors other than health effects such as
taste and odor. It can enter fresh water aquifers through sea water intrusion caused from
over pumping in certain geographical areas rendering potable water non potable .
3 . Changing conditions have created a threat to public health and/or safety.
4 . On May 12, 2004 the Deputy SEPA Official withdraws the DNS for the Lummi Island
Subarea plan based on the requirement for new information on groundwater protection.
5 . On October 26 , 2005 Aspect Consulting began the Groundwater Study.
6 . On December 31 , 2006 Aspect Consulting completed the Groundwater Investigation and
proposed a methodology for aquifer protection.
7 . The December 31 , 2006 Conceptual Methodology for Evaluating Groundwater
Withdrawal Proposals on North Lummi Island by Aspect Consulting provides a
methodology for protection of the aquifer system.
8 . Pursuant to RCW 36 . 70 . 590 legal notice for a public hearing was published in the
Bellingham Herald on October 12, 2008 .
9 . A new Determination of Non- Significance was issued under the State Environmental
Policy Act ( SEPA) on September 19 , 2008 .
10 . The Planning Commission held a public hearing on October 23 , 2008 . The Planning
Commission approved the staff recommendation with amendments . Amendments included
portions of the draft Subarea Plan, maintaining the clustering language for RRI, and changes
to the proposed WCC 16 . 16 to include an exempt well provision and notification to
surrounding property owners of the pumping test.
CONCLUSIONS
1 . The subject amendment addresses the need for protection of the Northern Lummi Island
aquifer system.
2 . The subject amendments are consistent with the approval criteria of WCC 20 . 10 . 080 and
serve the public interest. The amendments will not create an undue burden under
section 1 . 11 of the County Charter.
3 . Because changing conditions have created a threat to public health and/or safety, and
because this ordinance will reasonably address that threat, this ordinance shall apply to
all lots of record existing or created before, on, or after its effective date .
P. 2
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
The Critical Areas Ordinance shall be amended as proposed in Exhibit A.
ADOPTED this 4th day of August , 2009
�`t ill ti,,,I/ WHATCOM COUNTY COUNCIL
ATE `�\��1( C'0 0 ill,,' WHATCOM COUNTY, WASHINGTON
_ 0:o CoU ,
9.11111:11104.11 , i )i.. A
Darift/Browri r,Vis f-C`Qncil Clerk :eth Flee cod, Chairperson
APPROVED as to form: Approved ( ) Denied
vil dp rosecutor Pete emen, Executive
Date: /(--O 7
P.3
Exhibit A
Title 16 . 16 additions
'16 . 16 . 540 Areas within the Rural Residential District of Lummi Island
16 . 16 . 541 Exempt Wells
Wells drilled as a replacement of an existing well are exempt from this chapter
as long as the withdrawal rate is not increased by more than 20 percent of the
existing well . If baseline withdrawal rate information is not available , this must be
established by a licensed well driller prior to well replacement .
16 . 16 . 542 Minimum Well Spacing for all new wells
Wells shall have a minimum of 200 feet distance between a new well and an
existing operating well .
16 . 16 . 543 In addition to the minimum well spacing , the following measures are
required for Public Water System Wells , Non Group B Two Party
wells , and non -domestic wells
Includes " public water system " wells and Non Group B Two Party wells as
defined under Whatcom County Drinking Water Regulations and non-domestic
use wells pumping greater than 250 gpd . Public water system is defined under
Whatcom County Chapter 24 . 11 as any water system providing piped water for
consumption , excluding a system serving only one single-family residence and
any system with four or fewer connections serving only residences on the same
farm . A Non Group B Two Party well is defined in Chapter 24 . 11 as a water
system utilizing one well to serve two single family residences for which the
Director of Health has waived all public water system requirements .
( 1 ) Chloride Monitoring and Testing
(a) Monitoring : Well owners shall collect and have water samples
analyzed for chloride concentration twice annually , in April and August
and submitted to the Whatcom County Health Department .
( b) Chloride Determinations for New Wells or Increased Pumping of
Existing Wells : Applications for new wells , applications to convert an
existing private well into a Two Party well , any application to expand
the number of connections of a public water system , and non -
domestic use wells proposing greater than 20 percent increase in
groundwater withdrawals in an existing well require a minimum 24-
hour-duration pumping test at 100 percent of the proposed average
daily demand , at the end of which a water sample will be collected for
analysis of chloride concentration . Subdivisions using individual wells
are required to test wells simultaneously , or alternatively have a
licensed hydrogeologist evaluate well interference and water quality
changes . Subdivision wells shall remain accessible for future testing
in the event of subdivision expansion .
(c) Restrictions on New Wells or Increased Pumping of Existing Wells :
New wells cannot be permitted , existing private wells cannot be
converted to Two Party wells , existing public water systems cannot
expand beyond their existing number of approved connections , and
non-domestic wells cannot increase pumping rates greater than 20
percent if chloride concentrations measured at the end of the test
specified in ( b) above are greater than 100 mg/L . For systems
Page 1 of 3
Exhibit A
expanding 20 percent or less within one year, the highest chloride
determination within the past year in (a) above cannot be greater than
100 mg/L .
(d ) Limit on Water Use by Existing Wells : Any increase (0-20 percent) in
water use will not be permitted if either semi-annual analysis in the
previous 12- month period indicates greater than 100 mg/L chloride
concentration . If the semi -annual chloride determinations have not
been submitted as required , then the pump testing requirement of ( b)
above shall apply .
(e) Prior to 10 days before the pumping test all property owners within
1000 feet of the well location shall be notified by first class mail
informing them of the test and providing contact information of the
person responsible for the testing .
(2 ) Arsenic Monitoring and Testing in the unconsolidated aquifer
(a) The following monitoring and testing is required unless the well is
determined not to be located in the unconsolidated sandstone aquifer.
A Washington State licensed Hydrogeologist must make the
determination in a submitted report.
( b) Arsenic Determinations for New Wells or Increased Pumping of
Existing Wells : Applications for new wells , applications to convert an
existing private well into a Two Party well , any application to expand
the number of connections of a public water system , and non -
domestic use wells proposing a greater than 20 percent increase in
groundwater withdrawals in an existing well require a minimum 24-
hour-duration pumping test at 100 percent of the proposed average
daily demand , at the end of which a water sample will be collected for
analysis of arsenic concentration .
(c) Restrictions on New Wells or Increased Pumping of Existing Wells :
New wells cannot be permitted , existing private wells cannot be
converted to Two Party wells , existing public water systems cannot
expand beyond their existing number of approved connections , and
non-domestic wells cannot increase pumping rates greater than 20
percent if arsenic concentrations measured at the end of the test
specified in ( b) above are greater than 10 lag/L .
(d) Limit on Water Use by Existing Wells : Any increase (0-20 percent) in
water use will not be permitted if the most recent arsenic
determination indicated greater than 10 pg/L arsenic concentration . If
no arsenic concentration has been determined in the past 3 years , the
pumping test requirement in (b) above shall apply .
(e) Prior to 10 days before the pumping test all property owners within
1000 feet of the well location shall be notified by first class mail
informing them of the test and providing contact information of the
person responsible for the testing .
16 . 16 . 544 Administrative Waiver
Administrative waivers may be granted to any section of these requirements by
petition to the administering agency. Waiver request must demonstrate that the
Page 2 of 3
Exhibit A
project is consistent with the intent of these requirements ; no health hazard
would result from this action , and must be stamped by a licensed Washington
state hydrogeologist .
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