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Ordinance 26740006. 1507 3 WSS/jib RE/06/20/88 ORDINANCE NO. 2674 AN ORDINANCE OF THE CI'.Y Of' EDMONDS, WASHING -ON, AMENDING THE EDMONDS COMMUNITY DEVELOPMENT CODE, TITLE 16 ZONING DISTRICTS, TO ADOPT ZONING CLASSIFICATIONS FOR HAZARDOUS WASTE STORAGE FACILITIES IN COMPLIANCE WITH TH' REQUIREMENTS OF RCW 70.105, DIRECTING THE PLANNING DIRECTOR TO NOTIFY THE DEPARTMENT OF ECOLOGY AND FIXING A TIME WHEN THE SAME SHAT,L BECOME EFFECTIVE WHEREAS, RCW Chapter 70.105 State Waste Management Act has b— n amended t( require that each local government designate laid use zor •s in whici, hi- •ar('ous waste treatment and storage fac,_i�ies will be - iowed as permitted uses, and WHEREAS, hazardous +iaste includes :nary substances utilized currently within the City of Edmonds as necessary adjurcts to a wide variety of industrial manufacturing and commercial operations including, but not limited �-o, such items as dry cleaners, photo finishing operations and a wide variety of other businesses, and WHEREAS, properly managed ha.•ardo,is waste poses no greater ris'- to public health and environment than does the handling and processing of hazardous substances in such businesses, and WHEREAS, the City is required by sucn statute to assure that hazardous waste treatment and storage facilities are allowed in zones in which the processing or handling of hazardous substances is not prohibited, and WHEREAS, the City finds that the State Siting criteria 4SS506340 -i- are so constructed that no area currently within the City limits would qualify as a surface waste and/or impoundment pile facility under the provisions of the State sif-ing criteria, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds Community Development Code, Title 16 Zone Districts is hereby amended by the addition of a r new Chapter 16.75, to read as foliows: 16.75.010 Purpose. This Chapter has peen enacted in order to comply with the provisions of RCW 70.105.225 requiring local governmental units to designate land use zones within its jurisdiction in which designated facilities for the purpose of storing and treating hazardous materials and waste are permitted uses. For the purposes of this Chapter, the words and terms used herein shall be defined in accordance with the definitions of RCW 70.105.010 as the same exists or shall hereafter be amended, and slid definitions are adopted by this reference as if her -in set forth. 16.75.020 HAZARDOUS WASTE MANAGEMENT FACILITIES AND STORAGE PROHIBITED; SITING REQUIREMENTS ADOPTED. No hazardous substance, hazardous waste or extremely hazardous waste shall be stored or impounded nor shall any structure or facility be erected or otherwise constructed within any residential zone of the City, within the Open Space classification or within the Marine Resources classification. The storage of any hazardous substance and the waste created by utilization of such materials may be stored and treated in conformance with the provisions of State law as an outright permitted use within any commercial zone in which the use of such materials is a necessary part of the business operation of the commercial activity otherwise permitted within that zone, provided, however, that all such storage shall be consistent with the siting requirements which may be hereafter adopted by the Department of Ecology in conformance with the authorization of RCW Chapter 70.105, and that conditional use permits may be required as set forth in 16.75.030. WSS506340 -2- 16.75.030 _C_ONDITIONAL USE PERMIT REQUIRED. Treatment or storage facilities, including hazardous waste handling through such means as containers (barrels, drums) above -ground and underground tanks, waste piles and surface impoundments which require the approval of and/or a permit from the State of Washington Department of Ecology shall be permitted only within the (BC) Community Business, (CW) Commercial Waterfront, (CG) General C-3mmercial, and (BN) Neighborhood Business categories, except upon issuance of a conditional use permit. Such permit shall be issued only when the Hearinq Examiner determines that: ( 1 ) Th- storage facility .ias received all permits required in accordance with State law from the Department of Ecology; (2) The facility meets all siting criteria developed by the Department of Ecology under authorization from RCW Chapter 70.105; (3) The conditional use permit incorporates all mitigating measures imposed either by such siting requirements or in accordance with the provisions of the State Environmenta: Protection Act incorporated into the Community Development Code by Chapter 20.15A; (4) The facility conforms to all bulk zoning reouirements of the Community Development Code; and (5) The Hearing Examiner is directed to note that the legislature has pre-empted the City's authority to approve, deny or otherwise regulate disposal an incineration facilities and that the Department of Ecology has sole authority among State, regional and local agencies to approve, deny and regulate pre-empted facilities as defined by RCW Chapter 70.105. In addition, the Hearing Examiner is admonished to adhere to the intent of the legislature as expressed in RCW ,0.105.005(A): . that no local ordinance, permit requirement, other requirement, or decision shall prohibit on the base of land use considerations the construction of a hazardous waste management facility within any zone designated and approved in accordance with this Chapter, provided that the proposed site for the facility is consistent with applicable State siting criteria. WSS50634O 16.75.040 PROHIBITIONS_. The provisions of 16.75.030 not withstanding, it is the understanding and belief of the City Council at the date these provisions were enacted that no area within the City qualifies under the proposed siting criteria for the establishment of a commercial o`fsite land disposal land facility, or other offsite storage facility intended for the storage of hazardous waste through surface impoundment or a waste pile. There is no area of the City of Edmonds which is not located within a residericia1 area subject to coastal flooding, unstable slopes, Located within the watersned for the numerous streams which exist within the City, located within sensitive areas such as the State Shorelines and Wetlands or located within the minimum buffering requirements from residential zones or the required setbacks from such previously indicated sensitive areas. In the event that an applicant can establish by clear and convincing evidence that such an area exists within the City, the Hearing Examiner is instructed to consider such an application in accordance with the proceeding conditional use permit requirements and the State siting criteria. Section 2. The Planning Director is authorized to complete the zone designation compliance certificate required by RCW 70.105.225 and the guidelines to the Department of ecology by June 30, 1988, along with a copy of this ordinance. Section 3. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of the attached summary which is hereby approvej. APPROV MAYOR, ATTEST;AUTHENTICATED: IT CLERK, JACQUELINE G. PARRETT WSS50634O -_- APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY --- FILED WITH THE CITY CLERK: May 11, 1988 PASSED BY THE CITY COUNCIL: June 21, 1 "48 PUBLISHED: June 26, 1988 EFFECTIVE DATE: July 1, 1988 ORDINANCE NO. 2674 WSS50634O -5-