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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 1 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 2 .r 1� loll �i