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HomeMy WebLinkAboutOrd 1489 - Hazardous Substance Treatment and Storage Facilities (Repealed by Ord 1758) E CITY OF TUKWILA WASHINGTON ORDINANCE NO. //7/P 9 Ord 75 8 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, PROVIDING FOR HAZARDOUS SUBSTANCE TREATMENT AND /OR STORAGE FACILITIES AND TO PROVIDE FOR THE SITING THEREOF WHEREAS, Washington state law requires that municipalities provide for the treatment and /or storage of hazardous substances, and WHEREAS, the City's SEPA responsible official made a determination of nonsignificance on August 30, 1988, and WHEREAS, the Planning Commission held a public hearing on September 22, 1988 and recommended certain changes to the Zoning Code, NOW, THEREFORE, THE TUKWILA CITY COUNCIL DO ORDAIN AS FOLLOWS: Section 1. Chapter 18.06 of the Tukwila Municipal Code is hereby amended to add sections thereto as follows: A. 18.06.201 Danqerous Waste. "Dangerous waste" means those solid wastes designated in WAC 173 303 -070 through 173- 303 -103 as dangerous waste. B. 18.06.202 Desiqnated Facility Zone. "Designated Facility Zone" means a zoning district in which hazardous waste treatment and storage facilities are allowed uses, subject to the state siting criteria designated in Chapter 70.105 RCW. C. 18.06.255 Extremely Hazardous Waste. "Extremely hazardous waste" means those solid wastes designated in WAC 173 303 -070 through 173 303 -103 as extremely hazardous waste. D. 18.06.341 Hazardous Substance. "Hazardous substance" means any liquid, solid, gas or sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as defined by Chapter 173 -303 WAC. E. 18.06.342 Hazardous Substance Processing or Handlinq. "Hazardous substance processing or handling" means the use, storage, manufacture, production, or other land use activity involving hazardous substances. Hazardous substances processing and handling activities do not include individually packaged household consumer products or quantities of hazardous substances of less than five gallons in volume per container. F. 18.06.343 Hazardous Waste. "Hazardous waste" means and includes all dangerous (18.06.210) and all extremely hazardous (18.06.255) waste. G. 18.06.344 Hazardous Waste Storaqe. "Hazardous waste storage" means the holding of hazardous waste for a temporary period. Accumulation of waste on the site of generation is not storage as long as the storage complies with applicable requirements of Chapter 173 -303 WAC. 42450 Page 1 H. 18.06.345 Hazardous Waste Treatment. "Hazardous waste treatment" means the physical, chemical, or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, or amenable for energy or material resource recovery. I. 18.06.346 "Hazardous treatment properties Hazardous Waste Treatment and Storage Facility, Off -Site. waste treatment and storage facility, off site" means the and storage of hazardous wastes from generators on other than that on which the off -site facility is located. J. 18.06.347 Hazardous Waste Treatment and Storage Facility, On -Site. "Hazardous waste treatment and storage facility, on- site" means the treatment and storage of hazardous wastes generated on the same site. Section 2. Certain commercial and industrial districts are hereby made "Designated Facility Zones" allowing on -site hazardous substance processing and handling, and on -site hazardous waste treatment and storage facilities by the addition of the following sections to the Tukwila Municipal Code: B. 18.30.035 On -Site Hazardous Substances. No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW) (See Chapter 21.08 TMC). C. 18.34.035 On -Site Hazardous Substances. No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW) (See Chapter 21.08 TMC). D. 18.38.035 On -Site Hazardous Substances. No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW) (See Chapter 21.08 TMC). E. 18.40.035 On -Site Hazardous Substances. No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW) (See Chapter 21.08 TMC). F. 18.42.035 On -Site Hazardous Substances. No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW) (See Chapter 21.08 TMC). Section 3. To provide a "Designated Facility Zone" for off -site hazardous waste treatment and storage facilities, Section 18.42.040 of the Tukwila Municipal Code is hereby amended to add the following subsection: (6) Off -site hazardous waste treatment and storage facilities subject to compliance with the state siting criteria (Chapter 70.105 RCW) (See Chapter 21.08 TMC). 4245C A. 18.28.035 On -Site Hazardous Substa substance processing and handling, or storage facilities shall be permitted, secondary to a permitted use. On -site storage facilities shall be subject (Chapter 70.105 RCW) (See Chapter 21.08 Page 2 nces. No on -site hazardous hazardous waste treatment and unless clearly incidental and hazardous waste treatment and to the state siting criteria TMC). Section 4. Title 21 of the Tukwila Municipal Code is hereby amended by adding thereto Chapter 21.08 as follows: Section 1: Siting Criteria for Hazardous Waste Treatment and Storage Facilities 21.08.010 State Criteria Adopted 21.08.020 Table of Specific Criteria 21.08.010 State Criteria Adopted. Siting criteria for on -site and off -site hazardous waste treatment and storage facilities set forth in Chapter 70.105 RCW are hereby adopted. 21.08.011 Specific Siting Criteria. Siting criteria for on -site and off -site hazardous waste treatment and storage facilities in the City of Tukwila shall be as set forth in Table 1. Section 5. This ordinance shall be in force and effect five days after publication of the attached Summary which is hereafter approved. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, this J `l day of 1988. f a 4 ATTEST /AUTHENTICATED: 'CIPY'CLERK, MAXINE ANDERSON APPROVED AS TO FORM: OFFICE iF THE CITY ATTORNEY By 4245C FI D WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: 1/- 7— gs PUBLISHED: /1-/P- P EFFECTIVE DATE: //-23-Pr ORDINANCE NO.: 4g1 CHAPTER 21.08 MA Page 3 GARY VAN DUSEN 4245C CRITERIA TABLE 1 TUKWILA SITING CRITERIA FOR HAZARDOUS WASTE TREATMENT AND STORAGE FACILITIES STRUCTURAL STABILITY Unstable Slopes /Soils 200 feet Coastal Flooding X ON -SITE OFF -SITE (As Defined In (As defined in TMC 18.06.347) TMC 18.06.346) M Mitigation measures required to site in this area. X X SURFACE WATER QUALITY PROTECTION Proximity to Nearest Surface Water M 1/4 mile FEMA 100 -Year Flood Zone X X Shorelines of Statewide Significance M 1/2 mile PROTECTION OF DOMESTIC WATER Watersheds 1/2 mile 1/2 mile Distance to Ground Water Intake 1/4 mile 1/2 mile AIR QUALITY PROTECTION Ambient Air Quality M M SENSITIVE AREA PROTECTION Threatened and Endangered Species X X Wetlands X 1/4 mile State Shorelines M X Parks and Recreational Areas X 1/4 mile Archaeological Historic Areas National Monuments X 1/4 mile TRANSPORTATION ROUTES Traffic Flow and Capacity* M M Safety Standards for Transport Routes M M ADJACENT LAND USE CONSIDERATIONS Buffer Zone M 200 feet Minimum Distance from Residential Zones /Residences 750 ft/ 1/2 mile/ Motels and Hotels 100 feet 500 feet Minimum Distance from Occupied Structures 100 feet 1/2 mile Agricultural Lands/ Agricultural Zone 500 feet 500 feet Public Gathering Place 750 feet 750 feet HOST COMMUNITY CONSIDERATIONS Utilities and Public Services M M Costs for Emergency Services M M X A proposed facility is prohibited from siting under this criterion. Hazardous substance land uses shall be prohibited from using traffic routes which pass through residential zones. In the event that Tukwila's hazardous waste siting criteria conflict with development criteria of specific zoning districts or siting criteria to be developed and adopted by the State of Washington, the more restrictive standard shall apply. CHRISTINE 0 GREGOIRE Director Ms. Maxine Anderson, City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Dear Ms. Anderson: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Mail Stop PV -11 Olympia, Washington 98504 -8711 (206) 459 -6000 January 3, 1989 Re: Hazardous Waste Zoning Approval We have received your adopted Ordinance No. 1489 to meet the zoning requirements for hazardous waste treatment and storage facilities pursuant to RCW 70.105.225. Your earlier submittal was conditionally approved by the Department of Ecology. Your final adopted ordinance is hereby approved as meeting all requirements of the Department's zoning guidelines and Chapter 70.105 RCW. Thank you for your continued interest and progress in this area. TE:pb cc: Larry McCallum, Ecology a c Thomas Eaton Program Manager Solid and Hazardous Waste Program 4245C SUMMARY OF ORDINANCE NO. Ng AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, PROVIDING FOR HAZARDOUS SUBSTANCE TREATMENT AND /OR STORAGE FACILITIES AND TO PROVIDE FOR THE SITING THEREOF On _1 passed Ordinance No. of the Tukwila Municipa and storage of hazardous an effective date. 1988, the City Council of the City of Tukwila which provides as follows: Amends Title 18 Code to define and provide for handling, treatment substances; adopts siting criteria; and establishes The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. �f�/ �f APPROVED by the City Council at their meeting of 174v' .6 NE ANDERSON, CITY CLERK J2Llb /l'Sh d I e Qa -,'1+y Mews- 1988.