WAC 173-360-530   Application for designation of environmentally sensitive area and approval of local regulations.  (1) Designation of an environmentally sensitive area under this chapter is solely for the purposes of implementing chapter 90.76 RCW, and such designation under chapter 90.76 RCW does not establish an environmentally sensitive area under any other law.

     (2) The application for designation of an environmentally sensitive area shall consist of a concise, factual report and shall consider the guidelines and criteria set forth in WAC 173-360-520. The local government applicant shall provide sufficient information for the department to determine if the area should be so designated. Information provided by the applicant shall include, but need not be limited to, the following:

     (a) A rationale for the proposed designation;

     (b) A description of any underground water resource included within the proposed environmentally sensitive area;

     (c) The geographic limits of the area where more stringent underground storage tank standards would be required;

     (d) Any available maps of the aquifer and recharge area, including water table;

     (e) A map of the area to be designated;

     (f) A description of the more stringent underground storage tank standards proposed to be required in the area, including underground storage tank technical standards, operating standards, and administrative procedures. When proposing more stringent standards, the local jurisdiction should consider:

     (i) Actions already undertaken by owners or operators to upgrade existing underground storage tank systems to federal or state standards, and the economic impacts of requiring already upgraded systems to meet more stringent standards; and

     (ii) The possible impacts of contaminated groundwater on human health and the environment and whether underground storage tank systems which have already been upgraded under the requirements of the state or federal rules will effectively prevent leaks which may contaminate groundwater.

     (g) A description of any other measures in place or considered to protect groundwater and/or surface water from environmental threats;

     (h) Any written comments submitted by members of the public to the local government regarding the proposed designation of an environmentally sensitive area; and

     (i) Documentation of coordination with affected state and local agencies and water user groups.

     (3) Additional information may be required by the department if necessary to adequately evaluate the proposal. This information may include, but is not limited to, the following:

     (a) The geographic limits of the groundwater recharge zone;

     (b) The geographic limits of the underground water resource;

     (c) The geology within both the recharge zone and the underground water resource;

     (d) Location, yield, well depth and present use of wells within the limits of the threatened underground water resource;

     (e) Estimated capacity of the underground water resource;

     (f) Location, type and number of underground storage tanks existing in the proposed area;

     (g) Such other information the department deems necessary.

     (4) Prior to submitting the request for designation and approval of more stringent standards to the department, the local government applicant shall hold at least one public hearing for the purpose of receiving comments from the public, affected local, state, and tribal agencies and groundwater user groups, regarding the designation proposal. The local government shall provide adequate notice to affected parties.

     The local government applicant shall submit the application for designation and approval of more stringent standards to the department and other affected agencies and groundwater user groups for their review and comment. Comments shall be submitted to the department.

     (5) Within thirty days after receiving the application, the department will review the application for completeness and request any additional information needed in order for the application to be complete.

     (a) Prior to approval of the application, the department may, at its discretion, hold a public hearing in the jurisdiction where the environmentally sensitive area is proposed.

     (b) The department shall approve or disapprove the application for designation as an environmentally sensitive area based upon review of the application, comments received, whether the proposed area meets the guidelines and criteria of WAC 173-360-520 and 173-360-530, and whether the proposed local ordinance or resolution is reasonably consistent with previously approved local regulations for similar environmentally sensitive areas.

     (6) If application for the designation of an environmentally sensitive area is made later than five years after the date of final adoption of these rules, proposed local ordinances and resolutions shall only apply to new underground storage tank installations.

     Ordinances and resolutions described under subsection (1) of this section and disapproved by the department may be modified by the local government and resubmitted to the department for approval.

     (7) Proposed local ordinances and resolutions shall become effective when approved by the department.

     (8) A local jurisdiction with an approved ordinance or resolution under this chapter may establish local tank fees, in an amount not to exceed fifty percent of the annual state tank fee, if the fee is necessary for enhanced program administration or enforcement. Pursuant to RCW 90.76.090, the fee shall be collected and deposited into the state underground storage tank account.



[Statutory Authority: Chapter 90.76 RCW. 90-24-017, § 173-360-530, filed 11/28/90, effective 12/29/90.]