HomeMy WebLinkAboutord1989-010.._...., ..,,fig
1 FILE REF: 14A -88:ZT INTRODUCED BY: Consent
2 PROPOSED BY: Planning
3 DATE: 10 -20 -88
4 ORDINANCE NO. 8 9 -10
5 AN ORDINANCE AMENDING THE TEXT OF TITLE 20, THE OFFICIAL WHATCOM COUNTY
6 ZONING ORDINANCE AND THE INTERIM ZONING ORDINANCE TO ALLOW HAZARDOUS WASTE
7 TREATMENT AND STORAGE FACILITIES IN ALL ZONES WHERE HAZARDOUS SUBSTANCES
8 ARE PROCESSED OR HANDLED
WHEREAS, amendments to the Hazardous Waste Management Act that were adopted by
the .state legislators in 1985 required local government to designate land use zones
in which hazardous waste treatment and storage facilities would be allowed; and
WHEREAS, Whatcom County committed to be in compliance with guidelines developed
by the Department of Ecology which originally established a date of June 20, 1988,
for adoption of local regulations; and
WHEREAS, staff initiated action on this matter in as timely a manner as work load
permitted; and
WHEREAS, a Determination of Nonsignificance was originally issued on August 31,
1988, and reissued to cover uses accessory to conditional uses on October 5, 1988;
and
20 WHEREAS, two duly advertised hearings were held before the Planning Commission
21 on this matter, the first hearing being held on July 19, 1988, and the second on
i 22 September 27, 1988; and
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WHEREAS, amendments to the Hazardous Waste Management Act that were adopted by
the .state legislators in 1985 required local government to designate land use zones
in which hazardous waste treatment and storage facilities would be allowed; and
WHEREAS, Whatcom County committed to be in compliance with guidelines developed
by the Department of Ecology which originally established a date of June 20, 1988,
for adoption of local regulations; and
WHEREAS, staff initiated action on this matter in as timely a manner as work load
permitted; and
WHEREAS, a Determination of Nonsignificance was originally issued on August 31,
1988, and reissued to cover uses accessory to conditional uses on October 5, 1988;
and
20 WHEREAS, two duly advertised hearings were held before the Planning Commission
21 on this matter, the first hearing being held on July 19, 1988, and the second on
i 22 September 27, 1988; and
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WHEREAS, pursuant to RCW 36.70.590 and Council directive a legal notice was
published in the Westside Record Journal on July 6, 1988, and September 14, 1988, and
in the Bellingham Herald on July 9, 1988, and September 17, 1988; and
WHEREAS, after accepting public testimony and due deliberation the Planning
Commission accepted the findings and conclusions as presented by the staff and
unanimously moved to recommend to the County Council that on -site hazardous waste
treatment and storage facilities be allowed as accessory uses in a number of zones
and that off -site treatment and storage facilities be allowed as conditional uses in
the Heavy Impact Industrial zone districts subject to conditions;
NOW THEREFORE BE IT RESOLVED:
1. Title 20 and the Interim Zoning Ordinance are hereby amended as follows:
INTERIM ZONING ORDINANCE
2.24.260.100 ACCESSORY USES (Rural Farm)
,,1_01 Onsite treatment and storage facilities
2.24.270.100 ACCESSORY USES (Agriculture)
,M Onsite treatment and storage facilities
FILE REF: 14A -88:ZT
Page 2
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2.24.510.070
SECONDARY USES (General Protection)
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.076 Onsite
treatment and storage facilities for hazardous wastes
associated
with
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outright
permitted uses or approved conditional uses subject to
the most current
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siting
criteria under ChaRter 173.303 WAC.
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TITLE 20
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20.36.100
ACCESSORY USES (Rural)
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L107 Onsite
treatment and storage facilities for hazardous wastes
associated
with
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outright
permitted uses or approved conditional uses subject to
the most current
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siting
criteria under Chapter 173.303 WAC._
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20.40.100
ACCESSORY USES (Agriculture)
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sj U Onsite
treatment and storage facilities for hazardous wastes_
associated
with
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outright
permitted uses or approved conditional uses subject to
the most current
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siting
criteria under Chapter 173.303 WAC,
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20.42.100
ACCESSORY USES (Forestry)
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103 Onsite
treatment and storage facilities for hazardous wastes
associated
with
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outright
permitted uses or approved conditional uses subject to
the most current
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siting
criteria under Chapter 173.303 WAC.
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20.60.100
ACCESSORY USES (Neighborhood Commercial)
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103 Onsite
treatment and storage facilities for hazardous wastes
associated
with
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outright
permitted uses or approved conditional uses sub.igct to
the most current
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siting
criteria under Chapter 173.303 WAC.
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20.62.100
ACCESSORY USES (General Commercial)
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,1Q$ Onsite
treatment and storage facilities for hazardous wastes
associated
with
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outright
permitted uses or approved conditional uses subject to
the most current
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siting
criteria under Chapter 173.303 WAC.
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20.63.100
ACCESSORY USES (Tourist Commercial)
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..103 Onsite
treatment and storage facilities for hazardous wastes
associated
with
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outright
permitted uses or approved conditional uses subject to
the most current
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siting
criteria under Chapter 173.303 WAC.
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20.64.100
ACCESSORY USES (Resort Commercial)
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.03 Onsite
treatment and storage facilities for hazardous wastes
associated
with
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outright
permitted uses or approved conditional uses subject to
the most current
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siting_
criteria under Chapter 173.303 WAC.
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20.65.100
ACCESSORY USES (Gateway Industrial)
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JA Onsite
treatment and storage facilities for hazardous wastes
associated
with
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outright permitted uses or approved conditional uses subject to
the most current
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siting
criteria under Chapter 173.303 WAC.
j 38.
20.66.100
ACCESSORY USES (Light Impact Industrial)
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1.06 Onsite
treatment and storage facilities for hazardous wastes
associated
with
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outright
permitted uses or approved conditional uses subject to
the most current
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siting
criteria under Chapter 173.303 WAC.
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1 20.67.100 ACCESSORY USES (General Manufacturing)
2 .106 Onsite treatment and storage facilities for hi
3 outright permitted uses or approved conditional
4 siting criteria under Chapter 173.303 WAC.
5 20.68.100 ACCESSORY USES (Heavy Impact Industrial)
6 .106 Onsite treatment and storage facilities for hazy
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out
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sit
9 20.70.100 ACCESSORY USES (Airport Operations)
10 ..102 Onsite treatment and storage facilities for
11 outright Permitted uses or approved condition
12 siting criteria under Chapter 173.303 WAC.
13 20.68.150 CONDITIONAL USES (Heavy Impact Industrial)
14 .152 Treatment and storage facilities for hazardous wastes subject to the following:
15 (1) The eight criteria for a conditional use listed under WCC 20.84.200.
16 u The most current state siting criteria under Chapter 173 -303 WAC.
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FILE REF: 14A -88:ZT
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41 L71 Annual inspections of the facility shall be a minimum requirement. The
42 applicant shall be required to forward copies of all facility inspection
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FILE REF: 14A -88:ZT
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CHAPTER 20.97 DEFINITIONS
ADD:
1L
2. The Council finds the public health, safety and general welfare are promoted by
the above change.
3. The Council further adopts the following findings and conclusions as recommended
by the Planning Commission:
FINDINGS
A. State legislation mandates that local government allow hazardous treatment and
storage facilities in any zone where the handling or processing of hazardous
substances is allowed.
B. Residential zones are exempt from the above requirement. Hazardous waste
treatment and storage does not include radioactive waste which is under a
separate category. Hazardous waste incineration or land disposal sites are state
preempted facilities. There is a state defined minimum threshold for the
accumulation of hazardous waste below which hazardous waste accumulations are
not defined as treatment or storage facilities. The handling of hazardous
substances in containers of less than five gallons is exempted.
C. The Department of Ecology has developed guidelines in accordance with state
legislation that set forth the approach local governments must take and
established a deadline of June 30, 1988 for compliance. If compliance was not
accomplished by that date, the State has the right to preempt local authorities
and have all approval authority rest with the Department of Ecology for hazardous
waste facilities.
D. The Department of Ecology also adopted siting standards which must be used in
regulating hazardous waste facilities. These siting criteria generally were
rigorous setback requirements from any potentially environmentally sensitive area
or politically sensitive area. However the standards proved to be so
controversial Ecology has unadopted them and is reevaluating the approach to be
taken.
E. Because of the difficulty with the siting standards, Ecology may consider
extending the June 30, 1988 deadline. However, the date was legislatively
mandated. The legislation did provide for grants up to 75% of the cost of
developing local regulations. Whatcom County committed to meeting the deadline
if the siting criteria were in place and chose not to seek a grant as it would
require more time to set up and administer than the actual work of preparing the
legislation. Because of workload and the difficulties with the siting standards
the Planning Department is several months behind schedule in getting draft
regulations to the Planning Commission.
41 CONCLUSIONS
42 A. While it
is difficult for local government to pursue
FILE REF: 19A -88:ZT
43 it is in
our best interest to get these regulations
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F.
The legislation and the guidelines distinguished between on -site facilities
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were to come
relating to a business that handles or generates hazardous waste and off -site
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final form of
facilities that would be a business set up exclusively for the treatment or
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storage of waste generated by other firms.
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G.
Our regulations have been silent regarding on -site facilities. We have
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48 provide a
historically had dry cleaning establishments and service stations that generate
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will provide
hazardous waste and heavy and light industry some of which also generate such
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waste. Mining operations and agricultural practices also have the potential for
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generating hazardous wastes. We have depended on state and federal regulations
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to deal with these to the extent we have thought about it at all. The proposed
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regulations will acknowledge what already occurs and will provide consistent
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regulations that may prevent future problems. Depending on the nature of the
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siting criteria the regulations may increase the regulatory burden on major
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industries such as our existing oil refineries that now comply with EPA
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regulations if they wish to expand.
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H.
There is a greater difficulty in developing an appropriate regulatory approach
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to off -site facilities than on -site facilities.
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1. A firm dedicated strictly to dealing with hazardous waste could provide
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the economy of scale necessary to provide efficient treatment including
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recycling that individual businesses or industries could not or would
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choose not to because of costs or regulatory requirements.
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2. Such a firm could also fill a nitch in the economy and provide economic
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opportunity.
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3. On the other hand this is an area where the possible consequences are not
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clear and opening the door to encourage such facilities without proper
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control could create problems we are not prepared to cope with.
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4. Because the siting standards have been unadopted, the minimum regulations
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necessary to meet federal standards will be in effect for an indeterminate
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period. These may not provide the protection we desire.
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5. The form the final standards will take is uncertain at this time.
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6. There is a serious concern that the state will adequately fund the
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Department of Ecology for required inspection and enforcement.
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7. The 6000 acre Cherry Point Heavy Impact Industrial site will provide ample
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opportunity for offsite facilities under even the most rigorous siting
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standards, while any reasonable siting standards should preclude the use
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of our other heavy industrial zone districts where offsite facilities of
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any magnitude would not be appropriate.
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I.
Bellingham has expended considerable thought and effort on developing their
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regulations which could serve as an appropriate model for Whatcom County as a
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whole.
41 CONCLUSIONS
42 A. While it
is difficult for local government to pursue
state mandated programs,
43 it is in
our best interest to get these regulations
adopted in
a reasonably
44 timely manner
to avoid preemption by the state if
a proposal
were to come
45 forward. This does mean we will be proceeding without
knowing the
final form of
46 the state
siting criteria.
47 B. Providing
for on -site facilities recognizes what basically
occurs
now and may
48 provide a
measure of useful control. The amendment
as drafted
will provide
Page 6
1 minimum impact on major industrial users except for the siting standards
2 which are an unknown quantity at this time, but largely beyond our
3 control.
4 C. Off -site facilities are enough of a concern that we should err on the side
5 of tight control. The Bellingham regulations appear to do this in
6 a manner that is still within the guidelines and are therefore a
7 useful model to follow. Using Bellingham's regulations as a guide
8 also substitutes for a limited public involvement process based on
9 limited staff time to devote to this issue.
10 D. The recommended language for on -site facilities is sufficiently broad to
11 cover a I potential hazardous waste treatment or storage ..fact I sties
12 that may occur as a result of outright permitted or conditional uses
13 in zones which potentially allow generators of hazardous waste.
14 E. The off -site facilities as recommended are designed to meet state
15 requirements, provide opportunity for such facilities if desired,
16 and yet provide adequate protection to the environment and residents
17 of Whatcom County.
18 4. Adjudication of invalidity of any of the sections, clauses, or
19 provisions of this Ordinance shal I not affect or impair the val idlty
20 of the Ordinance as a whole or any part thereof other than the part
21 so declared to be invalid.
ADOPTED this 16th day of February, 1989.
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27 ATTEST:
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29 Clerk of the Counci I
30 APPROVED AS TO FORM:
31
32 Dave Cott i ngham
33 Civil Deputy Prosecuting Attorney
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA$HINGT ON
na I d G. W sey,�Chal rperson
(4 APPROVED ( ) VETOED
Ri, a 4 ///. , , � ��
Sh it ley Van antes, CEWxecuti ve
Date_ MA r&A ,3,. 1 Qzr7