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The Palm, Woods and Cole, and North Creek drainage basins within the Canyon Creek/39th Avenue SE Subarea have been identified as important sources of water for North Creek, via groundwater and surface water movement. This water promotes the long-term vitality of the fisheries resources found in North Creek. This section augments and amends other development codes by establishing regulations for the protection of groundwater resources specifically within the Palm, Woods and Cole, and North Creek drainage basins.

A. Uses or Activities with Special Requirements.

1. Vehicle Repair and Servicing.

a. Vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. Chemicals used in the process of vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment should leaks occur.

b. No dry wells shall be allowed in the subarea on sites used for vehicle repair and servicing. Dry wells existing on the site prior to facility establishment must be abandoned using techniques approved by the state Department of Ecology prior to commencement of the proposed activity.

2. Aboveground Tanks. All new aboveground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to:

a. Not allow the release of a hazardous substance to the ground, groundwaters, or surface waters; and

b. Have a primary containment area enclosing or underlying the tank or part thereof.

3. Underground Tanks. All new underground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to:

a. Prevent releases due to corrosion or structural failure for the operational life of the tank;

b. Be protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed to include a secondary containment system to prevent the release or threatened release of any stored substances; and

c. Use material in the construction or lining of the tank that is compatible with the substance to be stored.

4. Residential Use of Pesticides and Nutrients. Application of household pesticides, herbicides, and fertilizers shall not exceed times and rates specified on the packaging.

5. Use of Reclaimed Water for Surface Percolation or Direct Recharge. Water reuse projects for reclaimed water must be in accordance with the adopted water or sewer comprehensive plans that have been approved by the state Departments of Ecology and Health.

a. Use of reclaimed water for surface percolation must meet the groundwater recharge criteria given in RCW 90.46.010(10) and 90.46.080(1). The state Department of Ecology may establish additional discharge limits in accordance with RCW 90.46.080(2).

b. Direct injection must be in accordance with the standards developed by authority of RCW 90.46.042.

6. Uses identified by the Bothell Surface Water Design Manual as pollution-generating impervious or pervious surfaces shall be prohibited.

B. County, State and Federal Regulations. All activities, uses, and construction activities shall be in accordance with applicable county, state and federal regulations for groundwater protection. Further, all activities must comply with the water source protection requirements of the U.S. Environmental Protection Agency, Washington State Department of Health, Washington State Department of Ecology, and the King and Snohomish County health districts. (Ord. 2215 § 3 (Exh. B3), 2016; Ord. 2200 § 2 (Exh. B), 2016; Res. 1332; Ord. 2163 § 2 (Exh. B-3), 2014; Ord. 2053 § 3 (Exh. C), 2010; Ord. 1946 § 2, 2005).