14.26.130 Greater standards for hazardous materials operations

14.26.130 Greater standards for hazardous materials operations.

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A. Best Management Practices (BMPs). All new Class I and II operations shall implement the provisions of this section within 90 days after the date of issuance of the certificate of occupancy. Operations that change in classification from unclassified to either Class I or Class II shall implement the provisions of this section within 90 days of change in classification from unclassified to either Class I or Class II.

1. 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.

2. 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.

3. 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.

4. 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.

5. Ancillary Equipment. Any leaking pipe, pump or other ancillary equipment shall be repaired or replaced promptly. Ancillary equipment associated with hazardous materials shall be supported and protected against physical damage and excessive stress.

6. 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.

7. 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.

1. 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. Each existing Class II operation shall prepare and submit such a plan within six months of a request by the city. 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 postclosure escape of hazardous materials to water.

2. 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:

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

b. A description of the plan for removal and disposal of hazardous materials.

c. A description of the plan to decontaminate containment systems and ancillary equipment.

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

e. 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.

3. 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.

C. 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:

1. The type of industry or business including the kind and quantity of finished products.

2. 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.

3. A discussion of any discharges to the stormwater drainage system.

4. 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.

5. Provisions for any plans for future expansion or intensification.

6. 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. (Ord. M-4372 § 7, 2022; Ord. M-3920 § 4, 2009; Ord. M-3600, 2002)