13.09.040 Water quality, storm water, and nonpoint pollution.
A. All shoreline development, both during and after construction, shall avoid or minimize significant adverse ecological impacts, including any increase in surface runoff, through control, treatment, and release of surface water runoff so that water quality and quantity are not adversely affected. Control measures include, but are not limited to, low impact development techniques, levees, catch basins or settling ponds, oil interceptor drains, grassy swales, planted buffers, and fugitive dust controls.
B. New development shall provide storm water management facilities designed, constructed, and maintained in accordance with the City of Bothell Surface Water Design Manual in effect at the time, including the use of best management practices. Additionally, new development shall implement low impact development techniques where feasible and necessary to fully implement the core elements of the Surface Water Design Manual.
C. Best management practices for control of erosion and sedimentation shall be implemented for all development in shoreline jurisdiction through a city-approved temporary erosion and sediment control (TESC) plan, in accordance with the City of Bothell Surface Water Design Manual standards in effect at the time.
D. For development activities with the potential for adverse impacts on water quality or quantity in a fish and wildlife habitat conservation area, a critical area report as prescribed by BMC 13.13.010(O) and 13.13.060(C) shall be prepared. Such reports should discuss the project’s potential to exacerbate water quality parameters which are impaired as determined by a 303d listing or as established by a total maximum daily load (TMDL) study for that pollutant, and prescribe any necessary mitigation and monitoring.
E. All materials that may come in contact with water shall be constructed of materials, such as untreated wood, concrete, approved plastic composites or steel, that will not adversely affect water quality or aquatic plants or animals. Materials used for decking or other structural components shall be approved by applicable state agencies for contact with water to avoid discharge of pollutants from wave or boat wake splash, rain, or runoff. Wood treated with creosote, copper chromium arsenic, or pentachlorophenol is prohibited in shoreline water bodies.
F. 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:
1. Not allow the release of a hazardous substance to the ground, groundwaters, or surface waters; and
2. Have a primary containment area enclosing or underlying the tank or part thereof.
G. 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:
1. Prevent releases due to corrosion or structural failure for the operational life of the tank;
2. 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
3. Use material in the construction or lining of the tank that is compatible with the substance to be stored.
H. For residential uses, application of household pesticides, herbicides, and fertilizers shall not exceed times, rates, and locations specified on the packaging.
I. Water reuse projects and locations proposed 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.
1. 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).
2. Direct injection must be in accordance with the standards developed by authority of RCW 90.46.042.
J. All activities, uses, and construction activities shall be in accordance with applicable state and federal regulations.
K. Site design review criteria include:
1. The applicant shall either demonstrate that the proposed activity will infiltrate and recharge the groundwater table using measures approved in the City of Bothell Surface Water Design Manual or that it is not feasible to incorporate infiltration measures.
2. The proposed activity must comply with the water source protection requirements and recommendations of the U.S. Environmental Protection Agency, Washington State Department of Health, and the King and Snohomish County health districts. (Ord. 2112 § 3 (Exh. C), 2013).