HomeMy WebLinkAbout3469 Ordinance ORDINANCE NO. 3469
AN ORDINANCE OF THE CITY OF PASCO,
WASHINGTON, AMENDING SECTION 16.06.040 "WAIVER-
CRITERIA" LIMITINNG WAIVERS IN GROUND WATER
PROTECTION AREA.
WHEREAS, the Washington State Department of Ecology has identified an
area within the City of Pasco that may be subject to ground water contamination;
and
WHEREAS, sanitary water services are available and do serve this area
from the City of Pasco and to insure the health, safety and welfare of the citizens of
the City of Pasco, it has been determined that withdrawal of ground water from this
area should not be subject to a waiver; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. That Section 16.06.040 entitled "Waiver-Criteria" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
16.06.040 WAIVER-CRITERIA. Any determination to grant, deny, or grant
with conditions an application for a waiver described in Section 16.06.030 shall be
based upon the following criteria:
A) Special circumstances applicable to the property in question or to the
intended use that do not generally apply to other properties or classes of use in the
same vicinity or zoning classification;
B) A waiver is necessary for the preservation and enjoyment of a
substantial property right or use possessed by other property in the same vicinity
and in zoning classification, which because of special circumstances is denied to the
property in question;
C) The granting of the waiver will not be detrimental to the public welfare
or injurious to any person, property or improvements thereon in such vicinity and
zoning classification in which the subject property is located;
D) The granting of a waiver will not conflict with the general intent of this
chapter;
E) Except as provided below, no waiver shall be granted for any -property
leg within the boundaries of the Pasco Landfill ground water protection area (the
Protection Area) as delineated on the official map designating said area on file at
the City of Pasco Public Works Department. If the City of Pasco receives a waiver
request, it shall notice the Department of Ecology of such request, and shall provide
the Department of Ecology all relevant information regarding such request. (Ord.
2303 Sec. 4, 1981.)
F) If the residual hazardous substances in the groundwater remaining
within the entirety of the Protection Area are subsequently reduced in
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concentration such that the method A or method B cleanup levels as applicable,
established under WAC 173-340-700 through 173-340-760 are met, then Section 5
hereof shall be of no further force and effect, if the Department of Ecology, after
public notice and opportunity for comment, concurs.
Section 2. The City of Pasco shall not amend or repeal this Ordinance
without providing the Department of Ecology with 30 days prior written notice of
the City of Pasco's intent to amend or repeal this Ordinance.
Section 3. This Ordinance shall take full force and effect five days after its
approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco this 7t' Day of May, 2001.
Micha�LG arr ison, Mayor
ATTEST: APPRO O FORM:
Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney
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