Agenda 01/25/2007 SPOKANE VALLEY PLANNING COMMISSION AGENDA
Council Chambers - City Hall 11707 E. Sprague Avenue
January 25, 2007
6:00 to 9:00 pm
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. APPROVAL OF AGENDA
V. APPROVAL OF MINUTES
VI. PUBLIC COMMENT
VII. COMMISSION REPORTS
VIII. ADMINISTRATIVE REPORT
IX. COMMISSION BUSINESS
Old Business — Continued Public Hearing Uniform Development Code Title 21,
Environmental Controls
New Business - Public Hearing Shoreline Master Program
X. FOR THE GOOD OF THE ORDER
XI. ADJOURNMENT
COMMISSIONERS CITY STAFF
Gail Kogle, Chair Marina Sukup, AICP
Robert Blum, Vice-Chair Greg McCormick, AICP
Kuhta, AICP
FredohG.BeCarrollc Mike Basinger, AICP
John G. bCary Driskell, Deputy City Attorney
IanCrosby Deanna Griffith
Mn Robertsonas www.spokanevalley.org
Marcia Sands
Public Hearing Draft—Title 21 Environmental Controls
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Title 21
Environmental Controls
21.10; Authority
This chapter implements the environmental goals and policies outlined in Chapter 8 Natural Environment of the
Spokane Valley Comprehensive Plan identified as the Shoreline Management& Restoration Program (SMP) and
the State Environmental Policy Act(SEPA). Critical areas identified by this chapter include flood hazard
(floodprone) areas, shorelines, wetlands, fish and wildlife habitat, geo-hazard areas, and critical aquifer recharge
areas.
21.20 State Environmental Policy Act
21.20.010 Purpose. This chapter implements the State Environmental Policy Act(SEPA), RCW 43.21 C.120
-.' -_ - - _ .l.- - _ _• _ and Chapter WAC 197-11_Washington Administrative Code (WAC).
21.20.020 Designation of Responsible Official. For those proposals for which the City is-lead agency, the
responsible official shall be the Community Development Director("Director"). The responsible official shall make
the threshold determination, supervise scoping and preparation of any required environmental impact statement,
and perform any other functions assigned to the lead agency or responsible official.
21.20.030 Lead Agency Determination and Agency Responsibilities.
1. When an application is filed for a nonexempt action or the City initiates a nonexempt action, the
responsible official shall determine the lead agency for that proposal pursuant to WAC 197-11-050 and
197-11-922 through 197-11-940, unless a lead agency has been previously identified or the responsible
official is aware that another department or agency is in the process of determining the lead agency.
2. When the city is not the lead agency for a proposal, all departments of the city shall use and consider as
appropriate either the determination of nonsignificance or the final environmental impact statement of the
lead agency in making decisions on the proposal. No city department shall prepare or require preparation
of a determination of nonsignificance or environmental impact statement in addition to that prepared by the
lead agency unless the responsible official determines a supplemental environmental review is necessary
under WAC 197-11-600.
3. If the city, or any of its departments, receives a lead agency determination made by another agency that
appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the
determination. Any objection must be made to the agency originally making the determination or the city
must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the
15-day time period. Any such petition on behalf of the city shall be initiated by the responsible official.
4. The responsible official is authorized to make agreements as to lead agency status or shared lead
agency's duties for a proposal under WAC 197-11-942 and 197-11-944.
5. The responsible official shall require sufficient information from the applicant to identify other agencies with
jurisdiction.
21.20.040 Categorical Exemptions. Categorical exemptions are set forth in WAC 197-11-800.
1. Application. If a proposal fits within any of the exemptions set forth in this section the proposal shall be
categorically exempt from the threshold determination requirements of WAC 197-11-720, except as follows:
a. The proposal includes an activity that is not exempt under WAC 197-11-908 (critical areas); or
b. The proposal is a segment of a proposal that includes a series of actions, physically or
functionally related to each other, some of which are categorically exempt and some of which are
not; or
c. The proposal includes, or is a part of, a series of exempt actions that are physically or
functionally related to each other and that together may have a probable significant adverse
impact in the judgment of an agency with jurisdiction.
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2. _Flexible Thresholds. The City adopts the following exempt levels for new construction pursuant to WAC
197-11-800 (1) (-c-).
a. For residential dwelling units, up to twenty(20) dwelling units'.
b. For agricultural structures: up to twenty thousand (20,000)square feet.
c. For office, school, commercial, recreational, service or storage buildings; up to twelve thousand
(12,000) square feet of gross floor area and with associated parking facilities designed for up to
forty(40) parking spaces.
d. For parking lots: up to forty (40) parking spaces.
e. For landfills and excavations: up to five hundred (500)cubic yards.
3. Procedure. The agency or applicant may proceed with the exempt aspects of a proposal prior to
conducting environmental review of the non exempt aspects of a proposal provided that the
requirements of WAC 197-11-070 are met.
4.Written findings. The lead agency is not required to document that a proposal is categorically exempt,
however, the lead agency may note on an application that a proposal is categorically exempt or place
such a determination in the agency's files.
21.20.050 Environmental Checklist.
A completed environmental checklist shall be filed prior to or at the same time as an application for a permit,
license, certificate, or other approval not categorically exempt. A checklist is not needed if the City and the
applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated
by another agency.
1. This checklist has been modified pursuant to WAC 197-11-960 and shall be in the form identified in SVMC
21.20.150 (1)
2. For private proposals,the City will require the applicant to complete the environmental checklist. For public
proposals, the department initiating the proposal shall complete the environmental checklist for that
proposal. During the review of the environmental checklist, the staff will review and if necessary return the
checklist to the applicant for revisions and/or additional information. City staff may also make minor changes
or additions to the environmental checklist.
3. For projects submitted under an approved planned action under WAC 197-11-164 and 168, the City shall
use its existing environmental checklist form or may modify the environmental checklist form as provided in
WAC 197-11-315. The modified environmental checklist form may be prepared and adopted along with, or
as part of, a planned action ordinance, or developed after the ordinance is adopted. In either case, a
proposed modified environmental checklist form must be sent to the Department of Ecology to allow at least
a thirty day review prior to use.
21.20.060 Threshold Determination
A threshold determination is required pursuant to WAC 197-11-310. Within 90 days of issuing a letter of
completeness for the application and environmental checklist, the responsible official shall either make a threshold
determination or notify the applicant that a determination of significance is likely and indicate the areas of likely
impact. The applicant may request that the decision be postponed for an additional thirty(30) days to allow the
responsible official to evaluate mitigation measures proposed by the applicant. The responsible official shall grant
such extension, if requested.
21.20.070 Threshold Determination -Determination of Nonsignificance (DNS)
1. The responsible official may issue a DNS pursuant to WAC 197-11-340 if there will be no probable
significant adverse impacts from a proposal. The lead agency shall prepare and issue a DNS substantially
in the form provided in WAC 197-11-970.
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2. When a DNS is issued for any of the proposals listed in subsection (a) of this section, the requirements of
this subsection shall be met. The requirements of this subsection do not apply to a DNS issued when the
optional DNS Process set forth+n SVMGin SVMC 21.20.090 is used.
a. An agency shall not act upon a proposal for fourteen (14) days after the date of issuance of a DNS
if the proposal involves:
i. Another agency with jurisdiction;
ii. Demolition of any structure or facility not exempted by WAC 197-11-800(2)(f) or 197-11-
880;
iii. Issuance of clearing or grading permits not exempted under SVMC 21.20.040;
iv. A DNS under WAC 197-11-350(2), (3) or 197-11-360(4); or
v. An action related to the requirements of the Growth Management Act.
b. The responsible official shall send the DNS and environmental checklist to agencies with
jurisdiction, the Department of Ecology, affected tribes, and each local agency or political
subdivision whose public services would be changed as a result of implementation of the proposal,
and shall give notice pursuant to SVMC 21.20.110(1).
c. Any person, affected tribe, or agency may submit comments to the lead agency within fourteen (14)
days of the date of issuance of the DNS.
d. The date of issue for the DNS is the date the DNS is sent to the Department of Ecology and
agencies with jurisdiction and is made publicly available.
e. An agency with jurisdiction may assume lead agency status only within the fourteen (14) day
comment period pursuant to WAC 197-11-948.
f. The responsible official shall reconsider the DNS based on timely comments and may retain or
modify the DNS or, if the responsible official determines that significant adverse impacts are likely,
withdraw the DNS and/or supporting documents. When a DNS is modified, the lead agency shall
send the modified DNS to agencies with jurisdiction.
3. The lead agency shall withdraw a DNS if:
a. There are substantial changes to the proposal so that the proposal is likely to have significant
adverse environmental impacts; or
b. There is significant new information indicating, or on, a proposal's probable significant adverse
environmental impacts; or
c. The DNS was procured by misrepresentation or lack of material disclosure; if such DNS resulted
from actions of an applicant, any subsequent environmental checklist on the proposal shall be
prepared directly by the lead agency or a consultant at the expense of the applicant.
4. If the lead agency withdraws a DNS, the lead agency shall make a new threshold determination and notify
other agencies with jurisdiction of the withdrawal and new threshold determination. If a DS is issued, each
agency with jurisdiction shall commence action to suspend, modify or revoke any approvals until the
necessary environmental review has occurred (WAC 197-11-070).
21.20.080 Threshold Determination -Mitigated Determination of Nonsignificance (MDNS).
1. The responsible official may issue a MDNS based on conditions attached to the proposal by the
responsible official or on changes to or clarification of the proposal made by the applicant in a manner
consistent with WAC 197-11-350.
2. An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The
request must:
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a. Follow submission of a complete permit application and environmental checklist for a nonexempt
proposal for which the department is lead agency; and
b. Precede the agency's actual threshold determination for the proposal.
3. The responsible official or a designee shall respond in writing to the request for early notice within fourteen
days unless otherwise agreed to. The response shall:
a. Be in writing; and
b. State whether the City currently considers issuance of a DS likely, and if so, indicate the general or
specific area(s) of concern leading the City to consider a DS; and
c. State that the applicant may change or clarify the proposal to mitigate the indicated impacts,
revising the environmental checklist and/or permit application as necessary to reflect the changes
or clarifications.
4. The City's written response under the subsections above shall not be construed as a DS. In addition,
preliminary discussions of clarifications or changes to a proposal, shall not bind the City to consider the
clarifications or changes in its threshold determination.
5. When an applicant submits a changed or clarified proposal, along with a revised or amended
environmental checklist, the responsible official shall base the threshold determination on the changed or
clarified proposal.
a. If the responsible official indicated specific mitigation measures in the response to the request for
early notice and the applicant changed or clarified the proposal to include those specific mitigation
measures, the responsible official shall issue and circulate a DNS pursuant to WAC 197-11-340(2).
b. If the responsible official indicated areas of concern but did not indicate specific mitigation
measures that would allow the issuance of a DNS, the responsible official shall make the threshold
determination, issuing a DNS or DS as appropriate.
c. The applicant's proposed mitigation measures (clarifications, changes or conditions) must be in
writing and must be specific.
d. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by
reference to agency staff reports, studies or other documents.
6. A MDNS is issued either under WAC 197-11-340(2) requiring a fourteen day comment period unless
otherwise established by agency procedure and public notice pursuant to Section 20.20.130 SVMC, or
under WAC 197-11-355, which may require no additional comment period beyond the comment period on
the notice of application.
7. Mitigation measures incorporated in the MDNS shall be deemed conditions of approval of the permit
decision and may be enforced in the same manner as any term or condition of the permit or enforced in
any manner specifically prescribed by the City.
21.20.090 Optional DNS Process.
1. If the city has a reasonable basis for determining significant adverse environmental impacts are unlikely, it
may use a single integrated comment period to obtain comments on the notice of application and the likely
threshold determination for the proposal. If this process is used, a second comment period will typically not
be required when the DNS is issued (refer to subsection (4) of this section).
2. If the lead agency uses the optional DNS process specified in subsection (1) of this section, the lead
agency shall:
a. State on the first page of the notice of application that it expects to issue a DNS for the proposal
and that:
i. The optional DNS process is being used;
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ii. This may be the only opportunity to comment on the environmental impacts of the
proposal;
iii. The proposal may include mitigation measures under applicable codes, and the project
review process may incorporate or require mitigation measures regardless of whether an
EIS is prepared; and
iv. A copy of the subsequent threshold determination for the specific proposal may be
obtained upon request. In addition, the lead agency may choose to maintain a general
mailing list for threshold determination distribution.
b. List in the notice of application the conditions being considered to mitigate environmental impacts,
if a MDNS is expected.
c. Comply with the requirements for a notice of application in SVMC 17.40 and public notice in SVMC
21.20.110(1).
d. Send the notice of application and environmental checklist to:
i. Agencies with jurisdiction, the Department of Ecology, affect tribes, and each local agency
or political subdivision whose public services would be changed as a result of
implementation of the proposal; and
ii. Anyone requesting a copy of the environmental checklist for the specific proposal.
3. If the lead agency indicates on the notice of application that a DNS is likely, an agency with jurisdiction may
assume lead agency status during the comment period on the notice of application pursuant to WAC 197-
11-948.
4. The responsible official shall consider timely comments on the notice of application and take one of the
following actions:
a. Issue a DNS or MDNS with no comment period using the procedures in subsection (5) of this
section;
b. Issue a DNS or MDNS with a comment period using the procedures in subsection (5)of this
section, if the lead agency determines a comment period is necessary;
c. Issue a DS; or
d. Require additional information or studies prior to making a threshold determination.
5. If a DNS or mitigated DNS is issued under subsection (d)(1) of this section, the lead agency shall send a
copy of the DNS or mitigated DNS to the Department of Ecology, agencies with jurisdiction, those who
commented, and anyone requesting a copy. A copy of the environmental checklist need not be
recirculated.
21.20.100 Threshold Determination—Determination of Significance(DS)
If the responsible official determines that a proposal may have a probable significant adverse environmental impact,
the responsible official shall prepare and issue a determination of significance (DS) substantially in the form
substantially in the form provided in WAC 197-11-980. The DS shall contain the information as set forth in WAC
197-11-360. An environmental impact statement shall be prepared for projects for which a DS threshold
determination has been issued consistent with the appropriate sections of this Title and referenced sections of the
WAC.
21.20.110 Environmental Impact Statement.
An environmental impact statement(EIS) is required for project and nonproject actions that may have a significant
adverse impact on the environment as more specifically set forth in WAC 197-11-330 and shall be prepared
pursuant to WAC 197-11-400 through 460.
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21.20.120 Environmental Impact Statement—Preparation.
1. Any person, firm, or corporation assisting in the preparation of an EIS for private projects shall have
expertise and experience in preparing environmental impact statements and shall be approved in writing by
the responsible official before participating in the EIS process.
2. Preparation of environmental impact statements, supplemental environmental impact statements, and other
environmental documentation shall be under the direction of the responsible official. The documents may
be prepared by the city staff, or by a consultant approved and directed by the City, however all costs
involved in the preparation of an EIS shall be borne by the applicant. The responsible official shall notify
the applicant of the City's procedure for preparation, and distribution of the draft and final environmental
impact statement.
3. The City may require an applicant to provide information the City does not possess, including specific
investigations relating to elements of the environment, if such information is required under this chapter or
another statute or ordinance.
4. Before the city issues a preliminary or final environmental impact statement, the responsible official shall be
satisfied that it complies with this chapter and Chapter 197-11 WAC.
5. The City may create and maintain an EIS list of Qualified Consultants to assist in determining the expertise
and experience of consultants using, but not limited to, the following procedures:
a. Annually or biannually placing a legal notice in a newspaper of local circulation requesting
statement of qualifications (SOQ)from qualified consultants.
b. The City will review the SOQs and require interested consultants to submit an application package
to be place on the list.
c. The City will review the submitted materials and place those consultants who are determined to
meet the minimum qualifications on the list. Those qualifications include, but are not limited to:
i. Possessing a thorough and comprehensive knowledge of the procedural and substantive
requirements of SEPA and related regulations; and
ii. Possessing adequate technical and administrative capacity to produce EIS documents
and/or associated technical documents.
6. The table of contents shall include a list of elements of the environment as set forth in WAC 197-11-444,
indicating those elements or portions of elements that do not involve significant adverse impacts;
7. The City may include, at its discretion, in an EIS or its appendix, the analysis of any impact relevant to the
City's decision, whether or not the impact is an environmental one. This inclusion of such analysis may or
may not be based upon comments received during the scoping process. The provision for combining
documents may be used as set forth in WAC 197-11-640. The EIS shall comply with the formatting
requirements of WAC 197-11-400 through WAC 197-11-500. The decision whether to include such
information and the adequacy of any such additional analysis shall not be used in determining whether an
EIS meets the requirements of SEPA.
8. If the City chooses to include a cost/benefit analysis in an EIS, such analysis shall be consistent with WAC
197-11-450.
21.20.130 Commenting. The rules for consulting, commenting, and responding on all environmental
documents under SEPA, including rules for public notice and hearings are set forth below as well as in WAC 197-
11-500 through 570.
1. Public notice. Whenever possible, the City shall integrate the public notice requirement of this section with
existing notice procedures for the City's nonexempt permit(s) or approval(s) required for the proposal.
When the City issues a DNS under WAC 197-11-340(2) ora DS under WAC 197-11-360(3),the City shall
give public notice as follows:
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a. If public notice is required for a nonexempt license by other regulations, that notice shall state
whether a DS or DNS has been issued and when comments are due.
b. If an environmental document is issued concurrently with the Notice of Application, the public
notice requirements as set forth in Title 17 of the SVMC will suffice to meet the public notice
requirements in WAC 197-11-510(1).
c. If no public notice is otherwise required for the permit or approval, the lead agency shall give notice
of the DNS or DS as provided for in WAC 197-11-510 and locally adopted rules and regulations.
d. If a DNS is issued using the Optional DNS process, the public notice requirements for a notice of
application as set forth in Title 17 of the SVMC as supplemented by the requirements in WAC 197-
11-355, will suffice to meet the public notice requirements in WAC 197-11-510(1)(b).
e. Whenever the City issues a DEIS under WAC 197-11-455(5) or an SEIS under WAC 197-11-620,
notice of the availability of these documents shall be given by the following:
i. Indicating the availability of the DEIS in any public notice required for the nonexempt
license subsequently published after the issuance of the DEIS and prior to the first public
hearing regarding a nonexempt license.
ii. Selecting one or more of the following notification methods:
1) Posting the property for site specific proposals pursuant to the administrative
procedures for the underlying action;
2) Publishing a legal notice in a newspaper of general circulation;
3) Notifying public or private groups, which have expressed an interest in a certain
proposal, or in the type of proposal being considered;
4) Notifying the news media;
5) Placing notices in appropriate regional, neighborhood, ethnic, or trade journals;
6) Publishing notice in newsletters and/or sending notice to agency mailing lists
(either general lists or lists for specific proposals for subject areas).
f. The City may require an applicant to complete the public notice requirements for the proposal at his
or her expense or otherwise may charge a fee sufficient to cover the lead agency's entire cost of
meeting the public notice requirements.
2. Response to a Consultation Request. The director of the department with appropriate expertise shall be
responsible for preparation of written comments for an agency in response to a consultation request prior to
a threshold determination, participation in scoping, and reviewing DEIS in a manner consistent with WAC
197-11-550.
21.20.140 Using Existing Environmental Documents.
Existing environmental documents prepared under SEPA or the National Environmental Policy Act(NEPA) may be
used for an agency's own environmental compliance in a manner consistent with WAC 197-11-164 through 172
and WAC 197-11-600 through 640.
21.20.150 SEPA Agency Decisions, Conditions, and Appeals.
1. SEPA decisions to mitigate anticipated impacts or deny proposals shall be made in a manner consistent
with WAC 197-11-650 and 660. The City, in making its determination shall consider relevant environmental
documents, alternatives, and mitigation measures as set forth in WAC 197-11-655.
2. The City may attach conditions to a permit or approval for a proposal so long as:
a. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified
in environmental documents prepared with regard to the license;
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b. Such conditions are in writing;
c. The mitigation measures included in such conditions are reasonable and capable of being
accomplished;
d. The City has considered whether other local, state or federal mitigation measures applied to the
proposal are sufficient to mitigate the identified impacts; and
e. Such conditions are based on one or more policies in subsection 3 of this section and cited in the
license or other decision document.
3. The City may deny a permit or approval for a proposal on the basis of SEPA provided that:
a. A finding is made that approving the proposal would result in probable significant adverse
environmental impacts that are identified in a Final Environmental Impact Statement(FEIS) or final
Supplemental Environmental Impact Statement(SEIS) prepared pursuant to the ordinance codified in
this chapter; and
b. A finding is made that there are no reasonable mitigation measures capable of being accomplished that
are sufficient to mitigate the identified impact; and
c. The denial is based on one or more policies identified in section 21.20.130 (4) and identified in writing
in the decision document.
4. Pursuant to RCW 43.21.060 and WAC 197-11-060(a) and 197-11-902 the City adopts the following policies
as the basis for the imposition of mitigating conditions as set forth in this Chapter.
a. The City shall use all practicable means consistent with other essential considerations of state
policy to improve and coordinate plans, functions, programs and resources to the end that the
State and its citizens may:
i. fulfill the responsibilities of each generation as trustee of the environment for succeeding
generations;
ii. assure for all people of Washington safe, healthful, productive and aesthetically and
culturally pleasing surroundings;
iii. attain the widest range of beneficial uses of the environment without degradation, risk to
health or safety, or other undesirable and unintended consequences;
iv. preserve important historic, cultural and natural aspects of our national heritage;
v. maintain, wherever possible, an environment which supports diversity and variety of
individual choice;
vi. achieve a balance between population and resource use which will permit high standards
of living and a wide sharing of life's amenities; and
vii. enhance the quality of renewable resources and approach the maximum attainable
recycling of depletable resources.
b. The City recognizes that each person has a fundamental and inalienable right to a healthful
environment and that each person has a responsibility to contribute to the preservation and
enhancement of the environment.
5. The City, for the purposes of RCW 43.21 C.060 and WAC 197-11-660(a), adopts by reference the policies,
plans, rules, and regulations, and all amendments thereto, identified in Appendix D.Appendix D is adopted
and may be amended by the City pursuant to WAC 197-11-902.
6. Except for permits and variances issued pursuant to RCW Chapter 90.58 (the Washington State Shorelines
Management Act) and rules promulgated thereto, appeals of decisions or actions conditioned or denied on
the basis of SEPA by a non elected official shall be appealable in accordance with SVMC 17.50
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21.20.160 Definitions. Uniform usage and definitions of terms under SEPA are set forth in WAC 197-11-700
through 792.
21.20.170 Forms. The city adopts the following forms attached as Appendix 21A for use in carrying out the
local SEPA procedures:
1. Environmental checklist;
2. Notice of Assumption of Lead Agency Status;
3. Determination of Significance and Scoping Notice (DS);
4. Determination of Nonsignificance (DNS);
5. Adoption notice;
6. Notice of Action.
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21.30 Floodplain Regulations
21.30.010 Purpose and Applicability
1. The provisions of this chapter shall apply to all areas of special flood hazards within the jurisdiction of
Spokane Valley, Washington, and shall be administered in conformance with the National Flood Insurance
Act, as amended (codified in 44 CFR 60) and A summary of NFIP Policy for Local Officials, FEMA Region
10 Mitigation Division, July 2001.
21.30.020 Definitions
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them
the meaning they have in common usage and to give this ordinance its most reasonable application.
"Appeal" means a request for a review of the interpretation of any provision of this ordinance or a request for a
variance.
Area of Shallow Floodinq" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM) and
which has the following characteristics:
a. The base flood depths range from one to three feet;
b. A clearly defined channel does not exist;
c. The path of flooding is unpredictable and indeterminate; and,
d. Velocity flow may be evident.
AO is characterized as sheet flow and AH indicates ponding and includes a base flood elevation.-
Area of Special Flood Hazard" means the land in the flood plain within a community subject to a one percent or
greater chance of flooding in any given year. Designation on maps always includes the letters A or V.
Base Flood" means the flood having a one percent chance of being equaled or exceeded in any given year.
Also referred to as the"100-year flood." Designation on maps always includes the letters A or V.
Basement"means any area of the building having its floor sub-grade (below ground level) on all sides.
Breakaway Wall"means a wall that is not part of the structural support of the building and is intended through its
design and construction to collapse under specific lateral loading forces, without causing damage to the elevated
portion of the building or supporting foundation system.
"Critical Facility" means a facility for which even a slight chance of flooding might be too great. Critical facilities
include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response
installations, installations which produce, use or store hazardous materials or hazardous waste.
"Cumulative Substantial Damage'—' means flood-related damages sustained by a structure on two separate
occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the
average, equals or exceeds 25 percent of the market value of the structure before the damage occurred.
Development"means any man-made change to improved or unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage
of equipment or materials located within the area of special flood hazard.
Elevated Building" means for insurance purposes, a non-basement building which has its lowest elevated floor
raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.
"Elevation Certificate" means the official form (FEMA Form 81-31) used to track development, provide elevation
information necessary to ensure compliance with community floodplain management ordinances, and determine
the proper insurance premium rate with Section B completed by Community Officials.
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Existing Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which
the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including,
at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed before the effective date of the adopted floodplain management regulations.
Expansion to an existing Manufactured Home Park or Subdivision" means the preparation of additional sites by
the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including
the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete
pads).
Flood" or"Flooding" means a general and temporary condition of partial or complete inundation of normally dry
land areas from:
a. The overflow of inland or tidal waters and/or
b. The unusual and rapid accumulation of runoff of surface waters from any source.
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance Administration has
delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
Flood Insurance Study (FIS)" means the official report provided by the Federal Insurance Administration that
includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.
Flood Storage Area means floodplain areas designated on the FIRM where the storage and infiltration of
floodwater has been taken into account in reducing flood discharges. Storage areas may include floodwater
conveyance or floodway characteristics.
"Floodway--' means the channel of a river or other watercourse and the adjacent land areas that must be reserved
in order to discharge the base flood without cumulatively increasing the water surface elevation more than one
foot.
"Infiltration"means the infiltration of floodwater into the ground which may be taken into account in reducing flood
discharges.
"Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood
resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a
basement area, is not considered a building's lowest floor, provided that such enclosure is equipped with
adequate flood-ventilation openings specified in 21.30.060 3.a.ii of this title.
Manufactured Home" means a structure, transportable in one or more sections, which is built on a permanent
chassis and is designed for use with or without a permanent foundation when attached to the required utilities.
The term "manufactured home" does not include a"recreational vehicle."
Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of land divided into two or
more manufactured home lots for rent or sale.
New Construction means structures for which the "start of construction" commenced on or after the effective
date of this ordinance.
New Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a
minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of adopted floodplain management regulations.
"Recreational Vehicle"means a vehicle which is:
a. Built on a single chassis;
b. 400 square feet or less when measured at the largest horizontal projection;
c. Designed to be self-propelled or permanently towable by a light duty truck; and
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d. Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
Start of Construction" includes substantial improvement, and means the date the building permit was issued,
provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180
days of the permit date. The actual start means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or
any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it
include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers,
or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a
substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or
other structural part of a building, whether or not that alteration affects the external dimensions of the building.
Structure means a walled and roofed building including a gas or liquid storage tank that is principally above
ground.
ubstantial Damage" means damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
Substantial Improvement" means any repair, reconstruction, or improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure either:
a. Before the improvement or repair is started; or
b. If the structure has been damaged and is being restored, before the damage occurred. For the
purposes of this definition "substantial improvement" is considered to occur when the first alteration
of any wall, ceiling, floor, or other structural part of the building commences, whether or not that
alteration affects the external dimensions of the structure.
The term does not, however, include either:
a. Any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions, or
b. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of
Historic Places.
"Variance" means a grant of relief from the specific requirements of this chapter which permits construction in a
manner that would otherwise be prohibited.
"Water Dependent" means a structure for commerce or industry which cannot exist in any other location and is
dependent on the water by reason of the intrinsic nature of its operations.
21.30.020 Basis for Establishing Areas of Special Flood Hazard
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering
report entitled "The Flood Insurance Study Spokane County" dated May 17, 1988, and any revisions thereto, with
an accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto, are hereby adopted by reference
and declared to be a part of this ordinance. The Flood Insurance Study and the FIRM are on file at the office of the
Spokane Valley Floodplain Administrator.
21.30.030 Compliance & Enforcement
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance
with the terms of this chapter. Enforcement procedures for violations of this chapter shall be in conformance with
SVUDC 17.60.
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21.30.035 Abrogation and Greater Restrictions
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
21.30.040 Interpretation
In the interpretation and application of this ordinance, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and,
3. Deemed neither to limit nor repeal any other powers granted under State statutes.
21.30.045 Warning & Disclaimer of Liability
The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is
based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood
heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the
areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.
This ordinance shall not create liability on the part of the City of Spokane Valley, any officer or employee thereof, or
the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made hereunder.
21.30.050. Administration
1. Development Permit Required: A development permit shall be obtained before construction or
development begins within any area of special flood hazard established in this chapter. The permit shall be
for all structures including manufactured homes, as set forth in the "Definitions," and for all development
including fill and other activities, also as set forth in the"Definitions."
2. -Application for Development Permit: Application for a development permit shall be made on forms
furnished by the City and may include, but not be limited to, plans in duplicate drawn to scale showing the
nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill,
storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following
information is required:
a. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures
recorded on a current elevation certificate(FF 81-31)with Section B completed by the local official;
b. Elevation in relation to mean sea level to which any structure has been flood-proofed;
c. Certification by a registered professional engineer or architect that the flood-proofing methods for
any nonresidential structure meet the flood-proofing criteria in 21.30.060.3.b. and
d. Description of the extent to which a watercourse will be altered or relocated as a result of proposed
development.
3. Designation of the Local Administrator: The Community Development Director is hereby designated as
Floodplain Administrator and appointed to administer and implement this chapter by granting or denying
development permit applications in accordance with its provisions.
4. Duties and Responsibilities of the Local Administrator shall include, but not be limited to:
a. Review all development permits to determine that the permit requirements of this ordinance have
been satisfied.
b. Review all development permits to determine that all necessary permits have been obtained from
those Federal, State, or local governmental agencies from which prior approval is required.
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c. Review all development permits to determine if the proposed development is located in the
floodway. If located in the floodway, assure that the encroachment provisions of 21.30.060.f. are
met.
d. When base flood elevation data has not been provided (A and V Zones) in accordance with SVMC
21.30.020 Basis for Establishing the Areas of Special Flood Hazard, the Floodplain Administrator
shall obtain, review, and reasonably utilize any base flood elevation and floodway data available
from a Federal, State or other source, in order to administer Sections 21.30.060.3. Specific
Standards,Standards and 21.30.060.f. Floodways.
e. Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required
as in subsection d above, the actual elevation (in relation to mean sea level) of the lowest floor
(including basement) of all new or substantially improved structures, and whether or not the
structure contains a basement shall be recorded on a current elevation certificate (FF 81-31) with
Section B completed by the local administrator.
f. For all new or substantially improved flood-proofed structures where base flood elevation data is
provided through the Flood Insurance Study, FIRM, or as required in subsection d. above, the local
administrator shall:
i. Obtain and record the elevation (in relation to mean sea level) to which the structure was
flood-proofed and
ii. Maintain the flood-proofing certifications required in 21.30.050 section 2c-above.
iii. Maintain for public inspection all records pertaining to the provisions of this chapter.
g. The local administrator shall
i. Notify adjacent communities and the Department of Ecology prior to any alteration or
relocation of a watercourse, and submit evidence of such notification to the Federal
Insurance Administration.
ii. Require that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood carrying capacity is not diminished.
h. The local administrator shall makcshall make interpretations where needed, as to exact location of
the boundaries of the areas of special flood hazards (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions). The person contesting the
interpretation of the Floodplain Administrator in relation to the boundary shall be given a
reasonable opportunity to appeal pursuant to the procedures outlined in SVMCin SVMC 17.50
Appeals.
i. The local administrator is expressly authorized to require compliance with all federal and state
permit requirements, and may require Letters of Map Amendment (LOMA) and Conditional Letters
of Map Revision (CLOMR), particularly where a proposal identifies a floodplain location that is
different from that set forth on the official FIRM.
21.30.055 Variances
1. Decision on variances.
a. The duly appointed Hearing Examiner shall hear and decide requests for variances from the
requirements of this section following notice of not less than fifteen (15) days and public hearing.
The contents of the appeal shall be as set forth in SVMC 17.50.040. Appeal procedures shall be
as set forth in SVMC 17.50.060. The decision or determination of the Hearing Examiner shall be
final unless appealed pursuant to RCW 36.70C.
b. In passing upon such applications, the Hearing Examiner shall consider all technical evaluations,
all relevant factors, standards specified in other sections of this ordinance, and:
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i. The danger that materials may be swept onto other lands to the injury of others;
ii. The danger to life and property due to flooding or erosion damage;
iii. The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner;
iv. The importance of the services provided by the proposed facility to the community;
v. The necessity to the facility of a waterfront location, where applicable;
vi. The availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
vii. The compatibility of the proposed use with existing and anticipated development;
viii. The relationship of the proposed use to the comprehensive plan and flood plain
management program for that area;
ix. The safety of access to the property in times of flood for ordinary and emergency vehicles;
x. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood
waters and the effects of wave action, if applicable, expected at the site; and,
xi. The costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and
water systems, and streets and bridges.
bc. Upon consideration of the factors and the purposes of this ordinance, the Hearing Examiner may
attach such conditions to the granting of variances as it deems necessary to further the purposes of
this chapter. The City shall maintain the records of all appeal actions and report any variances to
the Federal Insurance Administration upon request.
2. Conditions for Variances
a. Generally, the only condition under which a variance from the elevation standard may be issued is
for new construction and substantial improvements to be erected on a lot of one-half acre or less in
size contiguous to and surrounded by lots with existing structures constructed below the base flood
level, providing items (i-xi) in Section 21.30.055.1.a. have been fully considered. As the lot size
increases the technical justification required for issuing the variance increases.
b. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on
the National Register of Historic Places or the State Inventory of Historic Places, without regard to
the procedures set forth in this section.
c. Variances shall not be issued within a designated floodway if any increase in flood levels during the
base flood discharge would result.
d. Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
e. Variances shall only be issued upon:
i. A showing of good and sufficient cause, pursuant to SVMC 21.30.055.1.a of this chapter;
ii. A determination that failure to grant the variance would result in exceptional hardship to
the applicant;
iii. A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public, or conflict with existing local laws or ordinances.
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f. Variances as interpreted in the National Flood Insurance Program are based on the general zoning
law principle that they pertain to a physical piece of property; they are not personal in nature and
do not pertain to the structure, its inhabitants, economic or financial circumstances.
g. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser
degree of flood-proofing than watertight or dry-flood-proofing, where it can be determined that such
action will have low damage potential, complies with all other variance criteria except
21.30.055.2.a, and otherwise complies with Sections 21.30.060 subsections a., b. and c. of the
General Standards.
h. Any applicant to whom a variance is granted shall be given written notice that the structure will be
permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of
flood insurance will be commensurate with the increased risk resulting from the reduced lowest
floor elevation.
i. Any appeal of a decision or determination of the local administrator is a decision on a Type II
application. An appeal of the decision shall be made pursuant to SVMC 17.50.
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21.30.060. Provisions for Flood Hazard Reduction
1. General Standards
In all areas of special flood hazards, the following standards are required:
a. Anchoring
i. All new construction and substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure.
ii. Where permitted pursuant to Section 5 below, all manufactured homes shall be anchored
to prevent flotation, collapse, or lateral movement, and shall be installed using methods
and practices that minimize flood damage. Anchoring methods may include, but are not
limited te;to• use of over-the-top or frame ties to ground anchors (Reference FEMA's
"Manufactured Home Installation in Flood Hazard Areas" guidebook for additional
techniques).
b. AH Zone Drainage
Adequate drainage paths are required around structures on slopes to guide floodwaters around
and away from proposed structures.
c. Construction Materials and Methods
i. All new construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage.
ii. All new construction and substantial improvements shall be constructed using methods
and practices that minimize flood damage.
iii. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service
facilities shall be designed and/or otherwise elevated or located so as to prevent water
from entering or accumulating within the components during conditions of flooding.
d. Utilities
i. All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems;
ii. The proposed water well shall be located on high ground that is not in the floodway (WAC
173-160-171);
iii. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into flood
waters; and,
iv. On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
e. Subdivision and Other Proposed Developments
i. All development proposals shall be consistent with the need to minimize flood damage;
ii. All subdivision proposals shall have public utilities and facilities, such as sewer, gas,
electrical, and water systems located and constructed to minimize or eliminate flood
damage;
iii. All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood damage; and,
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iv. Where base flood elevation data has not been provided or is not available from another
authoritative source, it shall be generated by a civil engineer licensed in the state of
Washington for all short subdivision and subdivision proposals and binding site plans.
v. Pursuant to RCW 58.17.120, no plat shall be approved for any land situated within the
100-year floodplain as provided RCW 86.1686.16 without the prior written approval of the
department of ecology of the State of Washington.
2. Review of Building Permits
Where elevation data is not available either through the Flood Insurance Study, FIRM, or from another
authoritative source, applications for building permits shall be reviewed to assure that proposed
construction will be reasonably safe from flooding. The test of reasonableness is the Floodplain
Administrator's judgment and includes, but is not limited to use of historical data, high water marks,
photographs of past flooding, etc., where available. The Floodplain Administrator may require the
applicant to locate the lowest floor at least two feet above the highest adjacent natural ground surface.
Failure to elevate at least two feet above the highest adjacent natural ground surface in these zones
may result in higher insurance rates.
3. Specific Standards
In all areas of special flood hazards where base flood elevation data has been provided (Zones A1-30,
AH, and AE) as set forth in 21.30.020, Basis for Establishing the Areas of Special Floodplain Hazard,
or Section 21.30.050.d. relating to use of Other Base Flood Data, the following provisions are required:
a. Residential Construction
i. New construction and substantial improvement of any residential structure shall have the
lowest floor, including basement, elevated one foot or more above the base flood elevation.
ii. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall
be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this requirement must either be certified
by a professional engineer or architect licensed in the state of Washington or must meet or
exceed the following minimum criteria:
(a) A minimum of two openings having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding shall be provided.
(b) The bottom of all openings shall be no higher than one foot above grade.
(c) Openings may be equipped with screens, louvers, or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters.
b. Non-residential Construction
New construction and substantial improvement of any commercial, industrial or other nonresidential
structure shall either have the lowest floor, including basement, elevated one foot or more above
the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
i. Be flood-proofed so that below one foot or more above the base flood level the structure is
watertight with walls substantially impermeable to the passage of water;
ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy;
iii. Be certified by a professional engineer or architect licensed in the state of Washington that the
design and methods of construction are in accordance with accepted standards of practice for
meeting provisions of this subsection based on their development and/or review of the
structural design, specifications and plans.
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iv. Nonresidential structures that are elevated, not flood-proofed, must meet the same standards
for space below the lowest floor.
v. Applicants flood-proofing nonresidential buildings shall be notified that flood insurance
premiums will be based on rates that are one foot below the flood-proofed level (e.g. a building
flood-proofed to the base flood level will be rated as one foot below).
c. Manufactured Homes
All manufactured homes in the floodplain to be placed or substantially improved shall be elevated on a
permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more
above the base flood elevation and shall be securely anchored to a permanent foundation system to resist
flotation, collapse and lateral movement; provided however that manufactured homes to be placed on
substantially improved sites in an existing manufactured home park or subdivision which has not
experienced substantial damage as a result of flooding shall be elevated so that either:
The bottom of the crawl space of the manufactured home is elevated one foot or more
above the base flood elevation, or
ii. The manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36 inches in height above
grade and be securely anchored to an adequately anchored foundation system to
resist flotation, collapse, and lateral movement.
d. Recreational Vehicles
Recreational vehicles placed on sites are required to either:
i. Be on the site for fewer than 180 consecutive days,
ii. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the
site only by quick disconnect type utilities and security devices, and has no permanently
attached additions; or
e. AE and Al-30 Zones with Base Flood Elevations but no Floodways
i. In areas where a regulatory floodway has not been designated, no new construction,
substantial improvements, or other development (including fill) shall be permitted within Zones
Al-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of
the proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood more than one foot
at any point within the community.
ii. In the unnumbered A zones, the development may not increase the water surface elevation of
the base flood by more than one (1) foot at any point.
iii. In the A zones where base flood elevations have been provided, but floodways have not been
established, the development may not increase the surface water elevation of the base flood
by more than one-tenth (1/10th) of a foot at any point.
iv. All adjacent or other property owners impacted by the development within the floodplain must
give their written, notarized approval for ANY increased base flood elevations upon their
property.
f. A Zones with Base Flood Elevations and Floodways Established
In the A zones where base flood elevations have been provided and floodways have been established, the
development may not increase the surface water elevation of the base flood at any point.
g. Floodways
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Located within areas of special flood hazard are areas designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and
erosion potential, the following provisions apply:
i. Prohibit encroachments, including fill, new construction, substantial improvements, and other
development unless certification by a registered professional engineer is provided
demonstrating through hydrologic and hydraulic analyses performed in accordance with
standard engineering practice that the proposed encroachment would not result in any
increase in flood levels during the occurrence of the base flood discharge.
ii. Construction or reconstruction of residential structures is prohibited within designated
floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not
increase the ground floor area; and (ii) repairs, reconstruction or improvements to a structure,
the cost of which does not exceed 50 percent of the market value of the structure either, (A)
before the repair, or reconstruction is started, or (B) if the structure has been damaged, and is
being restored, before the damage occurred. Any project for improvement of a structure to
correct existing violations of state or local health, sanitary, or safety code specifications which
have been identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions or to structures identified as historic places may_be
included in the 50 percent.
iii. If the provisions of this section are satisfied, all new construction and substantial improvements
shall comply with all applicable flood hazard reduction provisions of 21.30.060 Provisions for
Flood Hazard Reduction.
h. Water Dependent Works
For water-dependent utilities and other installations which by their very nature must be in the flood fringe
and/or floodway (such uses as, but not limited to, roads, bridges, marinas, dams for domestic/industrial
water supply, flood control and/or hydroelectric production; water diversion structures and facilities for
water supply, irrigation, and/or fisheries enhancement; flood water and drainage pumping plants and
facilities; hydroelectric generating facilities and appurtenant structures; structural and nonstructural flood
damage reduction facilities, and stream bank stabilization structures and practices), these provisions apply:
i. The applicant shall supply convincing evidence that a flood fringe and/or floodway location is
necessary in view of the objectives of the proposal and provided further that the proposal is
consistent with other provisions of this title and relevant local, state and federal regulations.
ii. In all instances of locating utilities and other installations in floodway locations, project design
must incorporate flood-proofing certified by a professional civil engineer registered as such by
the State of Washington to be capable of withstanding 100-year flood flows and velocities.
iii. For any works that impound water, the applicant shall provide documentation of easements,
flowage rights or ownership of the impoundment area and certification by a professional civil
engineer registered as such by the State of Washington that the works will cause no increase
in the 100-year flood elevation outside the impoundment areas and that the works and
associated impoundment area will not impair the ability of natural drainageways to drain
floodwaters adequately during a flooding event.
h. Standards for Shallow Flooding Areas (AO Zones)
Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in
these zones range from 1 to 3 feet above ground where a clearly defined channel does not exist, or where
the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually
characterized as sheet flow. In these areas, the following provisions apply:
i. New construction and substantial improvements of residential structures and manufactured
homes within AO zones shall have the lowest floor (including basement) elevated above the
highest adjacent grade to the structure, one foot or more above the depth number specified in
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feet on the community's FIRM (at least three feet above the highest adjacent grade to the
structure if no depth number is specified).
ii. New construction and substantial improvements of nonresidential structures within AO zones
shall either:
(a) Have the lowest floor (including basement) elevated above the highest adjacent grade of
the building site, one foot or more above the depth number specified on the FIRM (at least
three feet if no depth number is specified); or
(b) Together with attendant utility and sanitary facilities, be completely flood proofed to or
above that level so that any space below that level is watertight with walls substantially
impermeable to the passage of water and with structural components having the capability
of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is
used, compliance shall be certified by a registered professional engineer or architect.
iii. Require adequate drainage paths around structures on slopes to guide floodwaters around and
away from proposed structures.
iv. Recreational vehicles placed on sites within AO Zones on the community's FIRM either:
(a) Be on the site for fewer than 180 consecutive days,
(b) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to
the site only by quick disconnect type utilities and security devices, and has no
permanently attached additions.
21.30.070.Additional Requirements
1. In all storage areas designated on the FIRM, there shall be no net loss of flood storage or infiltration
capacity.
2. No development shall be allowed which removes flood storage volume unless an equal volume of storage
as defined by the pre-development ground surface and the base flood elevation is provided in the
immediate area of the proposed development to_compensate for the volume of storage which is lost
(compensatory storage). Excavation below the ground water table shall not constitute an equal volume of
storage.
3. No obstruction shall be permitted in any storage area which restricts or diminishes floodwater conveyance
capacity or floodway characteristics.
21.30.075 Critical Facilities
Construction of new critical facilities shall be, to the extent possible, located outside the limits of the Special Flood
Hazard Area (SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the
SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest
floor elevated three feet above BFE or to the height of the 500-year flood (Shaded Zone X), whichever is higher.
Access to and from the critical facility should also be protected to the height utilized above. Flood-proofing and
sealing measures must be taken to ensure that toxic substances will not be displaced by or released into
floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical
facilities to the extent possible."
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21.40 Critical Areas
WAC 365-195-410 requires that critical areas be designated and that regulations to protect them be adopted.
Critical areas include wetlands, areas of critical recharging effect on aquifers used for potable water; fish and
wildlife habitat conservation areas, frequently flooded areas; and geologically hazardous areas.
21.40.010 Wetlands.
1. Wetland Classification & Rating
Wetland areas mean areas that are inundated or saturated by surface water or ground water at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
Wetlands do not include those artificial wetlands intentionally created from non_wetland sites, including, but not
limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment
facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were
unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those
artificial wetlands intentionally created from non-wetland areas created to mitigate conversion of wetlands [RCW
36.70A.030(21)]
Wetlands areas are identified in Chapter 8 of the Spokane Valley Comprehensive Plan in conformance with the
Washington State Wetlands Identification and Delineation Manual(Ecology Publication#96-94), March 1997, as it
may be amended from time to time, which classifies wetlands. Wetland scoring is based on the Washington State
Wetland Rating System for Eastern Washington (Ecology Publication#04-06-15, or as amended).
a. Category I. Category I wetlands are those that represent a unique or rare wetland type; are more
sensitive to disturbance than most wetlands; are relatively undisturbed and contain ecological attributes
that are impossible to replace within a human lifetime; or provide a high level of function.
i. alkali wetlands;
ii. wetlands that are identified by scientists of the Washington Natural Heritage Program/DNR as
high quality wetlands;
iii. bogs
iv. mature and old-growth forested wetlands over 1/4 acre with slow-growing trees;
v. forests with stands of aspen;and
vi. wetlands that perform many functions very well (scores of 70 points or more).
b. Category II. Category II wetlands are difficult, though not impossible, to replace, and provide high
levels of some functions and include:
i. forested wetlands in the floodplains of rivers;
ii. mature and old-growth forested wetlands over%4 acre with fast-growing trees;
iii. vernal pools; and
iv. wetlands that perform functions well (scores between 51-69 points).
c. Category III. Category III wetlands include
i. vernal pools that are isolated, and
ii. wetlands with a moderate level of functions (scores between 30-50 points).
d. Category IV. Category IV wetlands have the lowest level of functions and are often heavily disturbed.
These wetlands may provide important functions and shall be replaced or restored.
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2. Wetland Buffer Areas
a. Exemptions:
i. Wetlands less than 1,000 square feet in area where the area is not associated with a riparian
corridor; is not a vernal pool, an alkali wetland, part of a wetland mosaic, or does not contain
habitat identified as essential for local populations of priority species.
ii. Category III and IV wetlands of less than 4,000 square feet in area where the area is not
associated with a riparian corridor; is not a vernal pool, an alkali wetland, part of a wetland
mosaic, does not contain habitat identified as essential for local populations of priority species
scoring less than 20 points or less on the Eastern Washington Rating System and is not
required for bio-filtration of stormwater.
iii. An exemption under this section does not relieve the proponent for providing full mitigation
through restoration or replacement.
b. Buffers:
i. Wetland buffer areas shall be required for all regulated uses and activities adjacent to wetlands. Any
wetland created, restored or enhanced as compensation for approved wetland alterations shall also
include the standard buffer required for the category of the created, restored, or enhanced wetland.
All buffers shall be measured from the wetland boundary as determined in the field.
ii. The width of wetland buffers shall be established by one of the following methods:
• Alternative 1. Width based only on wetland category.
Wetland Minimum Buffer
Category Width (in feet)
250
II 200
III 150
IV 50
• Alternative 2. Width based on wetland category and the intensity of impacts from proposed
changes in land use. Land use intensity shall be determine as follows:
Impact from Types of Land Use Based on Common Zoning Designations*
Proposed Change in
Land Use
High Commercial, Industrial and Institutional
Residential (more than 1 unit/acre)
High-intensity recreation (golf courses, ball fields,etc.)
Moderate Residential(1 unit/acre or less)
Moderate-intensity active open space(parks with biking,jogging,etc.)
Paved trails
Utility corridor with access/maintenance road
Low • Passive open space(hiking, bird-watching, etc.)
• Unpaved trails
• Utility corridor without road or vegetation management.
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Wetland Minimum Buffer Width(in feet)
Category Low Impact Moderate Impact High Impact
125 190 250
II 100 150 200
III 75 110 150
IV 25 40 50
• Alternative 3. Width based on wetland category, intensity of impacts, and wetland functions or
special characteristics. This alternative has two options for determining the widths of buffers when
they are based on the score for habitat. Alternative 3 provides three buffer widths based on habitat
scores. This alternative has two options for determining the widths of buffers when they are based
on the score for habitat. Alternative 3 provides three buffer widths based on habitat scores. Where
more than one width applies based on score for function or based on special characteristics, the
calculation providing the widest buffer shall be used.
Wetland Habitat Minimum Buffer Width (in feet)
Category Score Low Impact Moderate Impact High Impact
29-36 100 150 200
20-28 75 110 150
<20 50 75 100
29-36 100 150 200
II 20-28 75 110 150
<20 50 75 100
20-28 75 110 150
III
>28 40 60 80
IV 25 40 50
Special Characteristic Low Moderate High Impact
Impact Impact
Vernal Pool 100 150 200
Vernal Pool with regional 40 60 80
plan*
Natural Heritage Wetland 125 190 250
Bogs 125 190 250
Alkali 100 150 200
c. Additional buffer area width may be required by the Director if:
i. The wetland includes a plant or animal species listed by the federal government or the state as
endangered, threatened, candidate, sensitive, monitored or documented priority species or
habitats, or essential or outstanding habitat for those species or has unusual nesting or resting
sites such as heron rookeries or raptor nesting trees; or
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ii. The adjacent land has a slope of 30% or more adjacent to the wetland, the buffer area may be
increased by 50%.
d. Reduction of Standard Wetland Buffer Area Width.
i. The standard wetland buffer area width scored moderate or high for habitat may be reduced if:
a) A relatively undisturbed vegetative corridor of at least 100 feet in width is protected
between the wetland and any other priority habitats; and
b) The protected area is preserved by means of easement, covenant or other measure;
and
c) Measures identified in subsection ii. are taken to minimize the impact of any
proposed land use.
ii. The standard wetland buffer area width scored less than 20 for habitat may be reduced to
that for moderate land use impact where the following mitigation measures are approved by
the City:
Disturbance Minimum Buffer Area (in feet)
Light Light sources are shielded from the wetland
Noise Wetland is shielded from noise.
Stormwater run-off •Bio-filtration or other measures prevent introduction of
unfiltered stormwater directly into the wetland
Human Activity Visual screening of wetlands is required.
Dust/Particulates Parking and driveways are paved.
e. Standard Buffer Width Averaging.
i. Standard wetland buffer area width may be averaged if all of the following conditions exist:
a) The wetland has significant differences in characteristics that affect its habitat
functions, such as a wetland with a forested component adjacent to a degraded
emergent component or a"dual-rated"wetland with a Category I area adjacent to a
lower rated area
b) The buffer is increased adjacent to the higher-functioning area of habitat or more
sensitive portion of the wetland and decreased adjacent to the lower-functioning or
less sensitive portion
c) The total area of the buffer after averaging is equal to the area required without
averaging
d) The buffer at its narrowest point is never less than 3/4 of the required width
ii. Averaging may be permitted when all of the following are met:
a) There are no feasible alternatives to the site design that could be accomplished
without buffer averaging
b) The averaged buffer will not result in degradation of the wetland's functions and
values as demonstrated by a report from a qualified wetland expert
c) The total buffer area after averaging is equal to the area required without averaging
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d) The buffer at its narrowest point is never less than 3/4 of the required width
f. Wetland Buffer Maintenance. Except as otherwise specified, wetland buffer areas shall be retained in their
natural condition. Where buffer disturbances have occurred before or during construction, re-vegetation
with native vegetation shall be required.
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3. Wetland Mitigation Plan
When mitigation is required, the applicant shall submit a mitigation plan which shall include:
a. A written report identifying environmental goals and objectives of the compensation proposed,
including:
i. A description of the anticipated impacts to the critical areas and the mitigating actions
proposed, including the site selection criteria; mitigation goals and objectives, in relation to
the functions and values of the impacted critical area; and dates for beginning and
completion of mitigation activities.
ii. A review of the best available science supporting the proposed mitigation and a description
of the report author's experience to date in restoring or creating the type of critical area
proposed; and
iii. An analysis of the likelihood of success of the compensation project.
b. Measurable specific criteria for evaluating whether or not the goals and objectives of the mitigation
project have been successfully attained and whether or not the requirements of critical area
regulations in this Chapter have been met.
c. Details of the mitigation shall include:
i. The proposed construction method, sequence, timing, and duration;
ii. Grading and excavation details;
iii. Erosion and sediment control features;
iv. A planting plan specifying plant species, quantities, locations, size, spacing, and density;
and
v. Measures to protect and maintain plants until established.
These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional
drawings, topographic maps showing slope percentage and final grade elevations, and any other
drawings appropriate to show construction techniques or anticipated final outcome.
d. A program for monitoring construction of the mitigation project and for assessing the completed
project against its goals and objectives.
e. Identification of potential courses of action, and any corrective measures to be taken if monitoring
or evaluation indicates project performance standards are not being met.
f. All reasonable efforts to avoid and minimize impacts to critical areas shall be evaluated. When an
alteration to a critical area is proposed, such alteration shall be avoided, minimized, or
compensated for in the following sequential order of preference:
i. Avoiding the impact altogether by not taking a certain action or parts of an action;
ii. Minimizing impacts by limiting the degree or magnitude of the action and its
implementation, by using appropriate technology, or by taking affirmative steps, such as
project redesign, relocation, or timing, to avoid or reduce impacts;
iii. Rectifying the impact to wetlands, critical aquifer recharge areas, frequently flooded areas,
and habitat conservation areas by repairing, rehabilitating, or restoring the affected
environment to the historical conditions or the conditions existing at the time of the initiation
of the project;
iv. Minimizing or eliminating a hazard by restoring or stabilizing the hazard area through
engineered or other methods;
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v. Reducing or eliminating the impact or hazard over time by preservation and maintenance
operations during the life of the action;
vi. Compensating for the impact to wetlands, critical aquifer recharge areas, frequently flooded
areas, and habitat conservation areas by replacing, enhancing, or providing substitute
resources or environments; and
vii. Monitoring the hazard or other required mitigation and taking remedial action when
necessary.
g. If compensatory mitigation is proposed, the mitigation plan shall also include the following:
i. A baseline study that analyzes the existing functions of the wetland and wetland buffer,
functions that will be lost, and functions after mitigation;
ii. Description of how lost functions will be replaced;
iii. Description of when mitigation will occur relative to project construction;
iv. Provisions for adequate monitoring to ensure success of the mitigation plan. The
monitoring plan shall outline the approach for monitoring construction and assessment of
the completed project. , and shall include a monitoring schedule. A monitoring report shall
be submitted to the City annually for a period of at least 5 years and shall document
successes, problems and contingency actions of the mitigation project. Monitoring activities
may include, but are not limited to:
a) Establishing vegetation monitoring plots to track changes in plant species
composition and density over time;
b) Measuring base flow rates and storm water runoff to model and evaluate
hydrologic predictions;
c) Sampling fish and wildlife populations to determine habitat utilization, species
abundance and diversity; and
d) Sampling surface and subsurface waters to determine pollutant loading, and
changes from the natural variability of background conditions.
v. A contingency plan specifying what corrective actions will be taken should the mitigation
not be successful.
h. Wetland mitigation banks. Credits from a wetland mitigation bank may be approved for use as
compensation for unavoidable impacts to wetlands when:
i. The bank is certified under State law;
ii. The wetland mitigation bank provides compensation for the authorized impacts; and
iii. The proposed use of credits is consistent with the terms and conditions of the bank's
certification.
Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in
the bank's certification.
4. Wetland Mitigation & Restoration. Any wetland lost or degraded as a result of human activity shall require an
approved Wetland Mitigation Plan, prepared by a qualified ecologist and approved by the Washington
Department of Ecology, including one or more of the following measures:
a. Wetland acreage replacement and mitigation requirements based on the number of units impacted: require
replacement/mitigation according to the following:
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Wetland Replacement and Mitigation Ratios
Impacted Replacement Re- Rehabilitation Combined RIC& Combined RIC Enhancement
Wetland establismentestab Only Rehabilitationt &Enhancement Only
lishment/Creation
(R/C)
Category I 1:6 1:12 1:8* 1:1 R/C&1:6 RH* 1:1 R/C&1:12* 1:16*
Category II 1:3 1:3 1:6 1:1 R/C&1:4 RH 1:1 R/C&1:8 1:12
Category III 1:2 1:2 1:4 1:1 R/C&1:2 RH 1:1 R/C&1:4 1:8
Category IV 1:1..5 1:5 1:3 1:1 R/C&1:1 RH 1:1 R/C&1:2 E 1:6
* Based* Based on score for function
R/C= Re-establishment/Creation
b. Wetland mitigation' may be permitted off-site if:
i The hydrology and ecosystem of theoriginal wetland and those who benefit from the hydrology and
ecosystem will not be substantially damaged by the loss within that primary drainage basin; and
ii. On-site mitigation is not scientifically feasible due to problems with hydrology, soils, or other factors
such as other potentially adverse impacts from surrounding land uses; or
iii. Existing functions off-site are significantly greater than lost wetland functional values; or
iv. Established goals for flood storage, flood conveyance, habitat or other wetland functions have been
established and strongly justify off-site location of mitigation measures.
5. Permits Required. A permit shall be required for all development which affects wetlands or wetland buffers.
The permit shall specify:
a. The timing and conditions of mitigation, restoration or enhancement;
b. Requirements for title notice, conservation easements or plat dedication;
c. Access limitations and fencing, if required;
d. Temporary and permanent signage; and
e. Requirements for staking of wetland and buffers prior to development.
f. The application shall be accompanied by a report prepared by a certified biologist specifying the
classification, scoring and justification for the selection of method and proposed replacement/creation,
rehabilitation, and mitigation proposed. A copy of the report shall be filed with the Washington
Department of Ecology.
21.40.020 Fish and Wildlife Habitat Conservation Areas.
1. Priority Habitats. Priority habitats within Spokane Valley are illustrated in the 2006-2026 Comprehensive Plan,
as it may be amended from time to time, and include wetlands, riparian, urban open space, and the habitat of
native species, as defined in Appendix"A" illustrated in the Spokane Valley Comprehensive Plan. The status of
individual species is included in the Washington Department of Fish and Wildlife Management Recommendations
for Priority Species and in WAC 232.12. Where differences in regulations exist as a result of overlapping priority
habitat, the regulation providing the highest degree of protection shall apply.
1 Reference:WetlandReference: Wetland Mitigation in Washington State,Part 1: Agency Policies and Guidance(Version 1,
Publication#06-06-011a,March 2006)and Wetland Mitigation in Washington State,Part 2:Developing Mitigation Plans
(Version 1,Publication#06-06-011b,March 2006)
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2. Wetlands are located on hydric soils, support hydrophytic vegetation and are saturated with water during some
portion of the growing season.
3. Riparian fish and wildlife management zones are established pursuant to the classification of streams, lakes and
other water bodies by the Washington Department of Natural Resources as follows:
a. "Type S Water" means all waters, within their bankfull width, as inventoried as "shorelines of the
state" under chapter RCW 90.58 and the rules promulgated pursuant to chapter RCW 90.58
including periodically inundated areas of their associated wetlands.
b. "Type F Water" means segments of natural waters other than Type S Waters, which are within the
bankfull widths of defined channels and periodically inundated areas of their associated wetlands,
or within lakes, ponds, or impoundments having a surface area of 0.5 acre or greater at seasonal
low water and which in any case contain fish habitat or are described by one of the following four
categories:
i. Waters, which are diverted for domestic use by more than 10 residential or camping units or by
a public accommodation facility licensed to serve more than 10 persons, where such diversion
is determined by the department to be a valid appropriation of water and the only practical
water source for such users. Such waters shall be considered to be Type F Water upstream
from the point of such diversion for 1,500 feet or until the drainage area is reduced by 50
percent, whichever is less;
ii. Waters, which are diverted for use by federal, state, tribal or private fish hatcheries. Such
waters shall be considered Type F Water upstream from the point of diversion for 1,500 feet,
including tributaries if highly significant for protection of downstream water quality. The
department may allow additional harvest beyond the requirements of Type F Water designation
provided the department determines after a landowner-requested on-site assessment by the
department of fish and wildlife, department of ecology, the affected tribes and interested parties
that:
(a) The management practices proposed by the landowner will adequately protect water
quality for the fish hatchery; and
(b) Such additional harvest meets the requirements of the water type designation that would
apply in the absence of the hatchery;
iii. Waters, which are within a federal, state, local, or private campground having more than 10
camping units: Provided, That the water shall not be considered to enter a campground until it
reaches the boundary of the park lands available for public use and comes within 100 feet of a
camping unit, trail or other park improvement;
iv. Riverine ponds, wall-based channels, and other channel features that are used by fish for off-
channel habitat. These areas are critical to the maintenance of optimum survival of fish. This
habitat shall be identified based on the following criteria:
(a) The site must be connected to a fish habitat stream and accessible during some period
of the year; and
(b) The off-channel water must be accessible to fish.
a. "Type Np Water" means all segments of natural waters within the bankfull width of defined channels
that are perennial non-fish habitat streams. Perennial streams are waters that do not go dry any time of
a year of normal rainfall. However, for the purpose of water typing, Type Np Waters include the
intermittent dry portions of the perennial channel below the uppermost point of perennial flow. If the
uppermost point of perennial flow cannot be identified with simple, non-technical observations then
Type Np Waters begin at a point along the channel where the contributing basin area is:at least 300
acres.
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b. "Type Ns Water" means all segments of natural waters within the bankfull width of the defined
channels that are not Type S, F, or Np Waters. These are seasonal, non-fish habitat streams in which
surface flow is not present for at least some portion of a year of normal rainfall and are not located
downstream from any stream reach that is a Type Np Water. Ns Waters must be physically connected
by an above-ground channel system to Type S, F, or Np Waters.
2. Riparian Management Zones (RMZs) include three zones (measured horizontally in feet from the outer
edge of the bankfull width or channel migration zone, whichever is greater) established in the following tables 21-1
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and 21-2 and zone regulations. Outer zone requirements for S and F stream types are based on DNR Eastern
Washington 100-year site index range summarized as follows: .
Site Class 100-year site Index Range
I 120+
II 101-120
III 81-100
IV 61-80
V 560
Table 21-1 Riparian Management Zones for Streams less than 15 feet in width, bankfull
Site Class Core Zone Inner Zone Outer Zone Other Total width
Type S-Shorelines of the State
I 30' 45' 55 n/a 130
II 30' 45' 35 n/a 110
III 30' 45' 15 n/a 90
IV 30' 45' 0 n/a 75
V 30' 45' 0 n/a 75
Type F-Natural waters NOT classified as Shorelines of the State with fish
I 30' 45' 55 n/a 130
II 30' 45' 35 n/a 110
IIII 30' 45' 15 n/a 90
IV 30' 45' 0 n/a 75
IV 30' 45' 0 n/a 75
All Type Np-Non-fish-perennial 50 50
All Type Ns—Non-fish Seasonal 303 30
2 Washington State Department of Natural Resources State Soil Survey.
s Equipment Limitation Zone
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Table 21-2 Riparian Management Zones for Streams greater than 15 feet in width,bankfull
Site Class Core Zone Inner Zone Outer Zone Other Total width
II
Type S-Shorelines of the State
I 30' 70 30 n/a 130
II 30' 70 10 n/a 110
III 30' 70 0 n/a 90
IV 30' 70 0 n/a 75
V 30' 70 0 n/a 75
Type F-Natural waters NOT classified as Shorelines of the State with fish
30' 70 30 n/a 130
II 30' 70 10 n/a 110
IIII 30' 70 0 n/a 100
IIV 30' 70 0 n/a 100
IV 30' 70 0 n/a 100
All Type Np-Non-fish-perennial 50 50
All Type Ns—Non-fish Seasonal 30" 30
If there is more than one site class adjacent to the stream within a proposed RMZ, the landowner
has the option of using the highest site class (i.e. most protective) or segmenting out the site
classes and managing them separately.
a. Core zones. The core zone extends 30 feet measured horizontally from the edge of the bankfull width
or outer edge of the CMZ, whichever is greater, for all timber habitat types. No harvest or construction
is allowed in the core zone except as otherwise provided in WAC 222-30-020. Any trees cut for or
damaged by yarding corridors must be left on site. Any trees cut as a result of road construction to
cross a stream may be removed from the site unless used as part of a large woody debris replacement
strategy.
b. Inner zones.Width and leave tree requirements of the inner zone vary by timber habitat type specified
in WAC 222-30-020.
c. Outer zones.This zone has three categories based on timber habitat type: Ponderosa pine, mixed
conifer and high elevation. The width of this zone is 0 to 55 feet measured horizontally from the outer
edge of the inner zone depending on the site class and stream width.
2. The shade requirements in WAC 222-30-040 must be met regardless of harvest opportunities provided in the
inner zone RMZ rules.
3. An equipment limitation zone is a 30-foot wide zone measured horizontally from the outer edge of bankfull
width of a Type Np or Ns Water where equipment is limited. It applies to all perennial and seasonal streams.
On-site mitigation shall be required where ground based equipment; skid trails or stream crossings other than
existing roads exposes the soil more than 10% of the surface area of the zone. Mitigation must be designed to
replace the equivalent of lost functions, especially prevention of sediment delivery. Examples include water
bars, grass seeding, mulching, etc.
°Equipment Limitation Zone
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4. Except as otherwise required to reduce flooding, riparian management zones (RMZ) shall be retained or
maintained in accordance with WAC 222-30.
5. None of the limitations on harvest in each of the three zones listed below will preclude or limit the construction
and maintenance of roads for the purpose of crossing streams in accordance with WAC 222-24-030 and 222-
24-050, or the creation and use of yarding corridors in accordance with WAC 222-30-060(1). Roads within
riparian buffer areas shall be kept to a minimum and shall not run parallel to the water body. Crossings where
necessary, shall cross riparian areas at as near right angles as possible. If no alternative exists to placement of
a roadway within a riparian area, mitigation may be required. Mitigation measures shall be specified in a
management plan and may include, but are not limited to:
a. Fencing of riparian buffer area to protect remaining vegetation; and
b. Enhancement of remaining riparian buffer area through planting of native vegetation.
c. Water crossings must be approved by the Washington State Department of Fish and Wildlife (WAC
75.20.100).
6. Proposed equestrian pedestrian/bike trails shall demonstrate though "Best Available Science" that the location
and width of the trail minimizes any adverse impacts on habitat, and that measures to reduce effects during
construction are implemented.
7. Off-road motorized vehicle use in riparian buffers areas is prohibited.
8. All development proposals shall follow the bald eagle protection rules (RCW 77.12.655 and WAC 232.12.292),
as now or hereafter amended, when the proposal is likely to have a direct impact on the habitat of the bald
eagle.
21.40.021 Adjustment of Habitat Buffer Areas
1. Habitat buffer areas may be reduced by the Director up to a maximum of 10% if a riparian buffer area is
enhanced using native plants including trees and shrubs according to a plan prepared in consultation with the
Spokane County Soil Conservation District and the Washington State Department of Fish and Wildlife.
2. Habitat buffer areas may be modified by the Director if averaging will provide the necessary biological, chemical
and physical support necessary to protect the fish and wildlife; and
a. The riparian area contains variations in sensitivity due to existing physical characteristics which justify
the averaging; or
b. The land uses causing the least disturbance would be located adjacent to areas where the buffer width
is reduced and that such land uses are guaranteed in perpetuity by covenant, deed restriction,
easement or other legally binding mechanism; and
c. The total area contained within the buffer after averaging is no less than that contained within the
standard buffer prior to averaging.
3. Habitat buffer areas may be increased by the Director up to a maximum of 25% if:
a. The land adjacent to the water is susceptible to severe erosion and other erosion control measures will
not prevent adverse impacts.
b. The land adjacent to the water has minimal vegetative cover or slopes greater than thirty percent.
4. This provision does not diminish the 200 foot buffer requiremcntShoreline jurisdiction applicable to Shorelines
of the State. _- --e - -.
5. Habitat Management Plan Required.
A Habitat Management Plan shall be certified by a qualified biologist, reviewed by the Washington Department
of Fish &Wildlife and approved in writing by the Director. The Plan shall include:
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a. A description of the nature, density and intensity of the proposed use or activity in sufficient detail
to allow analysis of such land use change upon identified wildlife habitat.
b. An analysis of the effect of the proposed use or activity upon fish and wildlife species and their
habitats, identified within the priority habitat and species program.
c. A plan which explains how the applicant will avoid, minimize or mitigate adverse impacts to fish
and/or wildlife habitats created by the proposed use or activity.
d. Habitat management recommendations, including potential uses and restrictions of the habitat
areas, seasonally sensitive areas and other guidelines necessary for the protection of the species;
e. Proposed provisions for ensuring continued protection of habitat and habitat buffer areas.
f. Conditions established by an approved Habitat Management Plan shall be included as a condition
of approval for a permit.
21.40.030 Geologically Hazardous Areas.
1. Geologically hazardous areas include both erosion and landslide hazard areas where one or more of the
following exist:
a. A slope of thirty percent or greater;
b. Soils identified by Natural Resource Conservation Service as having a severe potential for erosion{see
Section 11.20.090(h)Appendix H);
c. Hydraulic factors such as existing on-site surface and groundwater or changes in hydraulic factors, caused
by proposals that create a severe potential for erosion or landslide hazard;
d. Areas that historically have been prone to landslide (areas adjacent to lakes, streams, springs) or any one
of the following geologic formations: alluvium, landslide deposit, Latah formation;
e. Areas of uncompacted fill;
f. Areas that are unstable as a result of rapid stream or stream bank erosion.
2. Geo-Hazard Evaluation & Mitigation Plan Required.
a. A geo-hazard mitigation plan, prepared by a qualified geo-technical engineer shall be prepared for building
permits, road construction, utilities and storm drainage facility installations within a geo-hazard area shall
be submitted with any application for preliminary plats, short plats, planned development projects, binding
site plans; zone reclassifications, conditional use permits, variances, manufactured home park site plans or
top soil removal permits located in geologic hazard areas.
b. The geo-hazard evaluation shall document the extent and nature of geo-hazard on the subject property and
shall provide mitigating measures and an assessment of geo-hazards associated with the proposal.
c. A geo-hazard mitigation plan may be required at the time of building permit application or actual
construction approvals.
21.40.040 Critical Aquifer Recharge Areas.
1. Classification of Aquifer Susceptibility. Critical aquifer recharge areas have prevailing geologic conditions
associated with infiltration rates that create a high potential for contamination of ground water resources or
contribute significantly to the replenishment of ground water.
a. Aquifer recharge areas are rated as having a high, moderate, or low susceptibility based on a scientific
analysis of soils, hydraulic conductivity (the ease with which water moves between the surface and
aquifers), annual rainfall, the depth to aquifers, the importance of the material between soils and aquifers
(Vadose zone), and wellhead protection information. The Aquifer Susceptibility Map identifies these areas
within Spokane Valley.
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b. Designated wellhead protection areas and areas within a one thousand-foot radius of wells without
reported plans, are additionally treated as high-susceptibility areas. As wellhead protection plans are
completed for wells, the one thousand-foot radius placeholder will be replaced by the Washington State
Department of Health-certified wellhead protection area.
c. Regulated Uses. The following uses and activities are regulated as set forth in the following table:
Susceptibility
Uses and Activities regulated in Susceptibility Rating Susceptibility
Critical Aquifer Recharge Areas Rating High Medium Rating Low
Bio-solids land application 4 4
Critical Material storage, handling, 9 B•: 94- *
generating or use
Dairy 4* d. 4
Feed lot 4 +
Feed mill •
Floriculture/horticulture 4 4 •
Grazing/cultivation 4 4 •
Greenhouse/nursery-commercial •
Large Animal raising and/or keeping 4. 4 •
Orchard/tree farm 4 + •
Poultry-raising, commercial + 4
Truck gardeningNineyard 4 4 •
• =Permitted without review _=Not permitted *= Hydro-geologic Study required.
+=Agricultural practices not accessory to a residential use that impact critical aquifer recharge areas shall be mitigated
by having a conservation plan prepared and the subject property shall be required to comply with approved land
management and/or conservation practices that protect groundwater, as set forth in the United States Department of
Agriculture Natural Resource Conservation Service(NRCS)Technical Guides,and all local state and federal
regulations and their amendments governing agricultural practices.
❖ Critical Materials Storage, Handling, Generating or Use requires:
1. All facilities related to the use of critical materials shall be designed so that:
a. Any spilled or leaked critical materials are contained on site;
b. Any spilled or leaked critical materials cannot infiltrate into the ground;and
c. No disposal of any waste containing critical materials shall be allowed on site.
2. Stormwater facilities shall be designed so that:
a. Mingling of stormwater and spilled critical materials is prevented; and
b. Spill cleanup procedures are enhanced.
3. Surface or subsurface disposal of a critical material is prohibited.
® Public sewer services consistent with concurrency requirements set forth in the Spokane County comprehensive
plan and the Spokane County zoning code, or as amended,are required for all new residential and nonresidential
uses.
1. If a parcel lies within two or more susceptibility rating designations, the higher susceptibility rating
designation shall apply to the whole parcel.
2. When there are low susceptibility areas hydrologically connected to medium and high-susceptibility areas,
the regulations for medium or high susceptibility areas apply.
3. Development shall provide for the treatment of stormwater run-off from impervious surfaces in a manner
consistent with Spokane Valley requirements and the Stormwater Management Manual for Eastern
Washington.
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4. Use, Handling and Storage of Critical Materials
a. Critical materials, including hazardous material and hazardous wastes, are identified in Appendix
21-B, attached hereto and made a part hereof for all purposes.
b. Within the Critical Aquifer Recharge Area, the use, handling or storage of critical materials shall
require submittal of the following information to the City and the fire department serving the
property for which a permit is sought:
i. Department of Ecology and Environmental Protection Agency identification number, name
and classification.
ii. The amount and concentrations of critical material used, handled or stored:
iii. The method of storage and spill containment:
iv. Material Safety Data Sheet(MSDS) for the critical materialCs): and
v. Spill containment management plan.
c. Spill containment facilities shall be designed to:
i. Prevent all infiltration into the groundwater or any contamination of property:
ii. Prevent commingling of stormwater run-off and critical materials: and
iii. Expedite clean-up operations.
d. Industrial pre-treatment shall be required for any waste entering the public wasterwaterwastewater
collection system in accordance with the requirements of Spokane County Utilities.
e. On-site disposal of any critical material or hazardous waste product is prohibited.
4.5. Enforcement procedures for violations of this chapter shall be in conformance with SVMC 17.60.
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21.50. Shoreline Management& Restoration Program
21.50.010 Purpose&Applicability. The purpose of these regulations is to manage shoreline resources within
the City of Spokane Valley in conformance with the Spokane Valley Comprehensive Plan, Spokane Valley
Shoreline Management and Restoration Program and state policies applicable to Shorelines of Statewide
Significance (RCW 90.58.020 )90.58.020), Shorelines of the State, and shorelandshorclandshoreline areas
pursuant to WAC 173-26 and WAC 173-27.
21.50.020 Permitted, Conditional of-and Limited Land Uses.
1. Land uses within shoreline environments identified in the Spokane Valley Shoreline Master Program may
be permitted, limited or conditioned as follows:
Environment
0
Permitted Uses
ca a,
c ami
2 o N
(13 o . (1.)
— Z UU u)
Commercial Uses
Non-water Recreation
Water-related
rccr otionRecreation • • •
Water-related Commercial _ –C
Water-related Industry
Roads _ --CC
Utility Corridor _ –c •
Parking C C •
Single Family Residential C —C !
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•
provisions of WAC 222-30-020 and SVMC 21.40.020. Debris and waste products shall not enter into
the water and interfere with the regeneration of forest vegetation. All burning shall comply with
Spokane County Air Pollution Control Agency requirements.
g. No more than 10 percent of the portion of property within a shoreline area shall be occupied by
impervious improvements.
h.Tillagc and application of fertilizers and chemical pesticides within 100 feet of the ordinary high water
mark is prohibited.
+-h. A-The "Shoreline Buffer", 100 foot or greatcra buffer strip of natural vegetation, the width of which
shall be determined by the requirements of Riparian Management Zones (RMZ) for
Shorelines of the State established in SVMC 21.40.020, shall be maintained along the waterfront
to prevent erosion and protect water quality and fish habitat, except:
i. Bridge and utility crossings (50 feet);
ii. Pathways of four feet or less in width providing access to the water on slopes of 5% or less;
iii. Access to watercraft launches available for use by the general public or
iv. Hand removal of noxious weeds which does not result in a net-loss of shoreline ecological function
or cause degradation of water quality. Use of herbicides shall require the written prior approval of
the Washington Department of Ecology.
i. Tillage and application of fertilizers and chemical pesticides within the Shoreline Buffer is
prohibited.
I. No single family residence or accessory structure shall be constructed in the Shoreline Buffer.
k. No on-site wastewater disposal systems serving new single family dwellings shall be
permitted within 200 feet of the ordinary high water mark.
I. Existing single family dwellings within 200 feet of the ordinary high water mark shall connect
immediately to a public wastewater collection located within 300 feet of the property.
3. Conditional Uses.
In addition to meeting the requirements for permitted uses, uses for which a Conditional Use Permit are
approved, shall also be required to comply with the following provisions:
a. Conditional uses shall not result in any loss of ecological function. The Hearing Examiner may
prescribe methods, timelines and such other conditions as may be necessary to preserve ecological
function and land use compatibility. Any failure to comply with the conditions imposed by the Hearing
Examiner will result in the automatic revocation of the permit.
b. Mining of sand, gravel, soil, or minerals landward of the ordinary high water mark is permitted
enlypermitted only as a conditional use, provided the following conditions are met:
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i. The provisions of the Surface Mining Act, RCW 78.44 and WAC 334-18 shall be met for any
surface mining, including that which affects less than 3 acres or produces less than 10,000
tons in any 12 month period.Where surface mining is not subject to the RCW 78.44 permit
process the shorelines substantial development permit process shall be utilized to require
compliance to surface mining provisions of RCW 78.44.
ii. Surface drainage and wastes resulting from mining operations shall not be discharged into
streams or water bodies without treatment to remove suspended solids and organic matter
consistent with applicable local, state and federal pollution control and water quality
regulations.
iii. Cleaning, sorting, separation, and storage operations shall not be conducted within 100 feet of
the ordinary high water mark.
c. Parking. No more than 10 percent of the portion of property within a shoreline area shall be occupied
by impervious improvements.
d. Water-Related Commercial and Multi-Family Residential.
i. No water related commercial or multi-family residential or accessory structure shall be
erected within the Shoreline Buffer.
d.Singlc Family Residential.
mark.
located within 300 feet of the property.
e. A conditional use permit may be approved only upon a finding that:
i. No reasonable alternative conforming use is practical; and
ii. The proposed use is no more adverse to ••.• =- - -- - - ' -- - -- - -- - - -
with the policies and provisions of the Shoreline Management Act and the Master Program and
as compatible with the uses in the arga than the pre-existing nonconforming use, where
applicable.
iii. The proposed use will not interfere with the normal public use of public shorelines;
iv. The proposed use of the site and design of the project is compatible with other authorized uses
within the area and with uses planned for the area under the comprehensive plan and
shoreline master program;
v. The proposed use will cause no significant adverse effects to the shoreline environment in
which it is to be located; and
vi. The public interest suffers no substantial detrimental effect.
In the granting of all conditional use permits, consideration shall be given to the cumulative impact of
additional requests for like actions in the area.
3. Limited Uses:
In addition to meeting the requirements for permitted uses, uses allowed on a limited basis, shall also be
required to comply with the following provisions:
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a: New over-water structures shall be allowed only for water-dependent uses, public access, or ecological
restoration. The size of new over-water structures shall be limited to the minimum necessary to
support the structure's intended use.
b. All developments and uses on navigable waters or their beds shall be located and designed to
minimize interference with surface navigation and public access, should consider impacts to public
views, and allow for the safe, unobstructed passage of fish and wildlife, particularly those species
dependent on migration.
c. Boathouses are prohibited.
d. Use of over-water and floating structures as a residence is prohibited.
e. Except for permitted or legal non-conforming marinas, docks, and bridges, no over-water structure shall
be erected in shoreline areas unless it is consistent with all applicable requirements in this regulation
and the goals and policies of the Comprehensive Plan.
f. New docks serving residential lots shall be prohibited. Replacement docks shall be limited to 100
square feet in area and shall be located parallel to the shoreline.
g. Over-water structures shall not interfere with stream navigation.
21.50.30 Specific Provisions Applicable to All Shoreline Environments
The following additional provisions are applicable to all shoreline environments in addition to all other applicable
regulations of this Code.
1. Signs.
a. On-premises business identification signs shall be designed to blend in with the natural environment
and shall be affixed to the portion of the business structure facing away from the water, and shall not
exceed 20 square feet.
b. Signs erected by government agencies required to provide direction, protect the public health, safety,
and general welfare shall not exceed 20 square feet in area and shall be designed to minimize the
visual impact to the shoreline area.
C. Signs shall not obstruct views of the shoreline from the surface of the water, and except for
navigational aids, no light source of any sign shall be visible from the surface of the water. Only
navigational or directional signs informing boaters of services such as fuel and moorage, and
government agency signs shall be visible from the shoreline area or the surface of the water.
d. Signs shall not extend beyond the face of a building or above its roofline.
e. Signs shall not move or rotate or have lights which blink or flash on and off intermittently.
2. Utilities.
a. Ground percolation areas or drainage swales are prohibited within 100 feet of the ordinary high water
Friaficthe Shoreline Buffer.
b. Community water treatment or community wastewater treatment facilities shall not be located within
200 feet of the ordinary high-water mark. On-site systems serving existing single family dwellings shall
be permitted until public collection systems are available within 300 feet of the property. Except for
outfall lines, water/wastewater treatment facilities and collection lines shall not be located waterward of
the ordinary high water mark.
c. An overhead electrical transmission line may traverse a shoreline only when necessary to cross a
stream with an approved Conditional Use Permit. Underground stream crossings shall be installed and
shall enter and emerge to and from the ground not less than 50 feet landward of the ordinary high
water mark. Facilities which constitute the final termination or destination of a transmission line shall
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not be located in any Shoreline Area. Overhead electric transmission lines traversing "Shorelines of
State-wide Significance" shall have their conductors marked with daytime obstruction markers
wherever the spans through the Shoreline Area exceed 200 feet.
d. Pipelines shall cross streams either by being constructed on public roadway bridges or by being
constructed below-the stream bed. Underground pipelines shall enter and emerge to and from the
ground not less than 50 feet landward of the ordinary high water mark. The construction of bridges
solely to support pipelines is prohibited. New pipelines shall use preexisting utility easements, to the
extent possible.
e. Electric distribution and communication cables shall be installed underground within the shoreline area.
3. Roadways
a. Roads shall be maintained in a manner which prevents degradation of shoreline ecological functions.
b. Landfills and end abutments for bridges shall be placed not less than 50 feet landward of the Ordinary
High Water Mark at an elevation above the 100 year flood event. Abutments shall be designed so that
the flow of floodwaters shall not be restricted. The design of landfills and end abutments for bridges
over streams shall prevent the accumulation of debris upstream of the bridge.
c. Bridges across Shorelines of the State shall also be designed to accommodate pedestrian and bicycle
traffic. Other roads shall provide a space not less than three feet in width for the dedicated use of
pedestrians, bicycles and animals.
4. Fill
Fill shall be permitted only in connection with the restoration or enhancement of shoreline ecological
functions and where necessary in the interest of an overriding public necessity, provided that
a. There is no net loss of ecological function;
b. Erosion control and bank stabilization measures are required;
c. No fill shall extend waterward of the Ordinary High Water Mark; and
d. No fill shall be permitted within the limits of the 100 year flood event.
e. Dredging and disposal of dredging spoil may be permitted only in connection with the restoration or
enhancement of shoreline ecological functions, except as necessary for purposes of navigation, or
improvements associated with permitted water-related recreation provided that:
i. There is no adverse effect on water quality or littoral (shallow near shore) and riparian habitat;
and
ii. All dredging spoil and dredging equipment is removed within ten days of the completion of
dredging operations.
6. Shoreline Protection
a. New bulkheads are prohibited. No existing bulkhead may be enlarged.
b. Bank stabilization shall only be undertaken after evaluation and written bank failure report from a
qualified engineering firm.
c. Bank stabilization shall be conducted using only biotechnical (soil bioengineering) design approaches
incorporating native plant materials, unless it is demonstrated in the bank failure report that a
biotechnical design will not prevent future bank failure.
21.50.035 Shoreline Substantial Development Permit Required.
A Shoreline Substantial Development Permit shall be required prior to any development within the Spokane Valley
shoreline, subject to the following:
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1. Any new devclopment,development or any modification in a use or activity that may result in a net loss of
ecological function shall require an environmental assessment prepared by a qualified ecologist. The
assessment shall include the following information:
a. a description of the existing ecological characteristics of the site to include but not be limited to soil
characteristics, type and extent of vegetation, slope, wildlife habitat and such other characteristics
deemed appropriate by the Director based on the unique features of the site;
b. an assessment of the functioning condition of the shoreline prior to disturbance of the shoreline by
the proposal;
c. an assessment of the specific impacts of the proposal on the shoreline's ecological functioning
condition;
d. a specific strategy to restore shoreline ecological functions lost as a result of the proposal to
include the scientific basis of the recommended strategy. The strategy shall identify a restoration
timetable; and
e. a site plan which fully illustrates the proposed shoreline function enhancements and shall be drawn
to scale and precisely show all site and off-site alterations and enhancements.
2. A Shoreline Permit is valid for a period of up to five years, provided that substantial progress in project
development occurs within two years of the date of issuance. Where substantial progress has not been
demonstrated without good cause, the permit shall lapse.
3. The following activities are categorically exempt from the requirement for a Substantial Development
Permit but may require a conditional use permit or approval of a variance:
a. Maintenance and repair of existing structures for the protection of single-family residences;
b. Emergency repairs;
c. Public improvements in aid of navigation;
d. Survey and geophysical testing in advance of development;
e. Removal of noxious weeds authorized as by the Washington Department of Fish &Wildlife.
f. Shoreline restoration projects (See WAC 173-27-040(2)(o)).
q. Construction on shore lands by an owner, lessee, or contract purchaser of a single family
residence for his own use or for the use of his or her family;
h. Construction of a dock, including a community dock, designed for pleasure craft only,for the
private noncommercial use of the owner, lessee, or contract purchaser of single and multiple family
residences. This exception applies if the fair market value of the dock does not exceed ten
thousand dollars; if, however, subsequent construction having a fair market value exceeding two
thousand five hundred dollars occurs within five years of completion of the prior construction, the
subsequent construction shall be considered a substantial development for the purpose of this
chapter.
21.50.060. Non-conforming Use or Development
1. "Nonconforming use or development"for purposes of this chapter means a shoreline use or
development which was lawfully constructed or established prior to the effective date of the act or the
applicable master program, or amendments thereto, but which does not conform to present
regulations or standards of the program.
2. Structures that were legally established and are used for a conforming use but which are
nonconforming with regard to setbacks, buffers or yards; area; bulk; height or density may be
maintained and repaired and may be enlarged or expanded provided that said enlargement does not
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increase the extent of nonconformity by further encroaching upon or extending into areas where
construction or use would not be allowed for new development or uses.
3. Uses and developments that were legally established and are nonconforming with regard to the use
regulations of the master program may continue as legal nonconforming uses. Such uses shall not be
enlarged or expanded, except that nonconforming single-family residences that are located landward
of the ordinary high water mark may be enlarged or expanded in conformance with applicable bulk
and dimensional standards by the addition of space to the main structure or by the addition of normal
appurtenances as defined in WAC 173-27-040 (2)(g) upon approval of a conditional use permit.
4. A use which is listed as a conditional use but which existed prior to adoption of the master program or
any relevant amendment and for which a conditional use permit has not been obtained shall be
considered a nonconforming use. A use which is listed as a conditional use but which existed prior to
the applicability of the master program to the site and for which a conditional use permit has not been
obtained shall be considered a nonconforming use.
5. A structure for which a variance has been issued shall be considered a legal nonconforming structure
and the requirements of this section shall apply as they apply to preexisting nonconformities.
6. A structure which is being or has been used for a nonconforming use may be used for a different
nonconforming use only upon the approval of a conditional use permit.
7. Conditions may be attached to the permit as are deemed necessary to assure compliance with the
above findings, the requirements of the master program and the Shoreline Management Act and to
assure that the use will not become a nuisance or a hazard.
8. A nonconforming structure which is moved any distance must be brought into conformance with the
applicable master program and the act.
9. If a nonconforming development is damaged to an extent not exceeding seventy-five percent(75%) of
the replacement cost of the original development, it may be reconstructed to those configurations
existing immediately prior to the time the development was damaged, provided that:
a. Application is made for the permits necessary to restore the development within six months of
the date the damage occurred;
b. All permits are obtained; and
c. The restoration is completed within two years of permit issuance.
10. If a nonconforming use is discontinued for twelve consecutive months or for twelve months during any
two-year period, the nonconforming rights shall expire and any subsequent use shall be conforming.
11. An undeveloped lot,tract, parcel, site, or division of land located landward of the ordinary high water
mark which was established prior to the effective date of the Shoreline Management Act or the
Shoreline Master Program but which does not conform to the present lot size standards may be
developed so long as such development conforms to all other requirements of the applicable master
program and the act.
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Recommended Staff Changes 1-16-07
21.50.080-070 Variances
1. Requests for variances shall be processed in the same manner as any land use variance, provided
however, that the application for a variance shall not be deemed complete until the Department of
Ecology (DOE) provides written acknowledgement to the city that applicant has provided DOE with a
full and complete copy of the application.
2. A variance may be considered only in extraordinary circumstances where it is determined that:
a. The strict application of the bulk, dimensional or performance standards set forth in the
applicable master program precludes, or significantly interferes with, reasonable use of the
property;
b. The hardship is specifically related to the property, and is the result of unique conditions such
as irregular lot shape, size, or natural features and the application of the master program, and
not, for example, from deed restrictions or the applicant's own actions;
c. The design of the project is compatible with other authorized uses within the area and with
uses planned for the area under the comprehensive plan and shoreline master program and
will not cause adverse impacts to the shoreline environment;
d. The variance will not constitute a grant of special privilege not enjoyed by the other properties
in the area;
e. The variance requested is the minimum necessary to afford relief; and
f. The public interest will suffer no substantial detrimental effect.
3. In the granting of all variance permits, consideration shall be given to the cumulative impact of
additional requests for like actions in the area.
4. Variances from the use regulations of the master program are prohibited.
21.50.080 Enforcement
Enforcement procedures for violations of this chapter shall be in conformance with SVMC 17.60.
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Recommended Staff Changes 1-16-07
City of Spokane Valley SEPA Checklist
WAC 197-11-960 Environmental Checklist
ENVIRONMENTAL CHECKLIST
Purpose of checklist:
The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all governmental agencies to
consider the environmental impacts of a proposal before making decisions. An environmental impact statement(EIS)
must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The
purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and
to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is
required.
Instructions for applicants:
This environmental checklist asks you to describe some basic information about your proposal.
Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are
significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or
give the best description you can.
You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you
should be able to answer the questions from your own observations or project plans without the need to hire experts.
If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or"does not
apply." Complete answers to the questions now may avoid unnecessary delays later.
Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations.
Answer these questions if you can. If you have problems, the governmental agencies can assist you.
The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or
on different parcels of land. Attach any additional information that will help describe your proposal or its environmental
effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional
information reasonably related to determining if there may be significant adverse impact.
Use of checklist for non-project proposals:
Complete this checklist for non-project proposals, even though questions may be answered "does not apply."
IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NON-PROJECT ACTIONS (part D).
For non-project actions, the references in the checklist to the words "project," "applicant," and "property or
site"should be read as"proposal,""proposer,"and"affected geographic area," respectively.
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City of Spokane Valley SEPA Checklist
To Be Completed by Applicant
A. BACKGROUND
1. Name of proposed project, if applicable
2. Name of applicant:
3. Address and phone number of applicant and contact person:
4. Date checklist prepared:
5. Agency requesting checklist:
6. Proposed timing or schedule (including phasing, if applicable):
7. Do you have any plans for future additions, expansion, or further activity related to or connected with this
proposal? If yes, explain.
8. List any environmental information you know about that has been prepared, or will be prepared, directly
related to this proposal.
9. Do you know whether applications are pending for governmental approvals of other proposals directly
affecting the property covered by your proposal? If yes, explain.
10. List any government approvals or permits that will be needed for your proposal, if known.
11. Give brief, complete description of your proposal, including the proposed uses and the size of the project
and site. There are several questions later in this checklist that ask you to describe certain aspects of your
proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to
include additional specific information on project description.)
12. Location of the proposal. Give sufficient information for a person to understand the precise location of your
proposed project, including a street address, if any, and section, township, and range, if known. If a
proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal
description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit
any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with
any permit applications related to this checklist.
13. Does the proposed action lie within the Aquifer Sensitive Area (ASA)? The General Sewer
Service Area? The Priority Sewer Service Area? (See: Spokane County's ASA Overlay
zone Atlas for boundaries).
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City of Spokane Valley SEPA Checklist
To Be Completed by Applicant
Public Hearing Draft Title 21 Environ Controls Staff Recommend'-_' --- -_ ` -• - - -- -
14. The following questions supplement Part A.
a. Critical Aquifer Recharge Area (CARA)/Aquifer Sensitive Area (ASA).
1. Describe any systems, other than those designed for the disposal of sanitary waste,
installed for the purpose of discharging fluids below the ground surface (includes systems
such as those for the disposal of Stormwater or drainage from floor drains). Describe the
type of system, the amount of material to be disposed of through the system and the
types of material likely to be disposed of(including materials which may enter the system
inadvertently through spills or as a result of firefighting activities).
2. Will any chemicals (especially organic solvents or petroleum fuels) be stored in
aboveground or underground storage tanks? If so, what types and quantities of material
will be stored?
3. What protective measures will be taken to insure that leaks or spills of any chemicals
stored or used on site will not be allowed to percolate to groundwater? This includes
measures to keep chemicals out of disposal systems.
4. Will any chemicals be stored, handled or used on the site in a location where a spill or
leak will drain to surface or groundwater or to a Stormwater disposal system discharging
to surface or groundwater?
b. Stormwater
1. What are the depths on the site to groundwater and to bedrock(if known)?
2. Will Stormwater be discharged into the ground? If so, describe any potential impacts.
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E. ENVIRONMENTAL ELEMENTS
1) Earth
a. General description of the site (check one): ❑ Flat, ❑ rolling, ❑ hilly, ❑
steep slopes,
❑ mountainous, other
b. What is the steepest slope on the site (approximate percent slope)?
c. What general types of soils are found on the site (for example, clay, sand,
gravel, peat, muck)? If you know the classification of agricultural soils,
specify them and note any prime farmland.
d. Are there surface indications or history of unstable soils in the immediate
vicinity?
If so, describe.
e. Describe the purpose, type, and approximate quantities of any filling or
grading proposed.
Also indicate source of fill.
f. Could erosion occur as a result of clearing, construction, or use?
If so, generally describe.
g. About what percent of the site will be covered with impervious surfaces after
project construction (for example, asphalt or buildings)?
h. Proposed measures to reduce or control erosion, or other impacts to the
earth, if any:
2) Air
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a. What types of emissions to the air would result from the proposal (i.e., dust,
automobile, odors, and industrial wood smoke) during construction and when
the project is completed? If any, generally describe and give approximate
quantities if known.
b. Are there any off-site sources of emissions or odor that may affect your
proposal? If so, generally describe.
c. Proposed measures to reduce or control emissions or other impacts to air, if
any:
3) Water
a. Surface:
-141. Is there any surface water body on or in the immediate vicinity of the
site (including year-round and seasonal streams, saltwater, lakes, ponds,
wetlands)? If yes, describe type and provide names. If appropriate, state
what stream or river it flows into.
2_2) Will the project require any work over, in, or adjacent to (within 200 feet)
the described waters? If yes, please describe and attach available plans.
243.Estimate the amount of fill and dredge material that would be placed in or
removed from surface water or wetlands and indicate the area of the site that
would be affected.
a. Indicate the source of fill material.
30.Will the proposal require surface water withdrawals or diversions?
a Give general description, purpose, and approximate quantities if
known.
5_5) Does the proposal lie within a 100-year floodplain? If so, note
location on the site plan.
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6_6) Does the proposal involve any discharges of waste materials to surface
waters? If so, describe the type of waste and anticipated volume of
discharge.
b. Ground:
1) Will ground water be withdrawn, or will water be discharged to ground
water? Give general description, purpose, and approximate
quantities if known.
2) Describe waste material that will be discharged into the ground from septic
tanks or other sources, if any (for example: Domestic sewage; industrial,
containing the following chemicals; agricultural; etc.). Describe the
general size of the system, the number of such systems, the number of
houses to be served (if applicable), or the number of animals or humans
the system(s) are expected to serve.
c. Water runoff(including stormwater):
1) Describe the source of runoff(including storm water) and method of
collection and disposal, if any (include quantities, if known).
Where will this water flow?
Will this water flow into other waters? If so,describe.
2) Could waste materials enter ground or surface waters?
If so, generally describe.
d. Proposed measures to reduce or control surface, ground, and runoff water
impacts, if any:
4) Plants
a. Check or circle types of vegetation found on the site:
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❑ deciduous tree: alder, maple, aspen, other
❑ evergreen tree: fir, cedar, pine, other
❑ shrubs
❑ grass
❑ pasture
❑ crop or grain
❑wet soil plants: cattail, buttercup, bullrush, skunk
cabbage, other
❑water plants: water lily, eelgrass, milfoil, other
❑ other types of vegetation
b. What kind and amount of vegetation will be removed or altered?
c. List threatened or endangered species known to be on or near the site.
d. Proposed landscaping, use of native plants, or other measures to preserve or
enhance vegetation on the site, if any:
5) Animals
a. Circle any birds and animals which have been observed on or near the site or
are known to be on or near the site:
❑ birds: hawk, heron, eagle, songbirds, other:
❑ mammals: deer, bear, elk, beaver, other:
❑fish: bass, salmon, trout, herring, shellfish, other:
b. List any threatened or endangered species known to be on or near the site.
c. Is the site part of a migration route? If so, explain.
d. Proposed measures to preserve or enhance wildlife, if any:
6). Energy and natural resources
a. What kinds of energy (electric, natural gas, oil, wood stove, solar)will be used
to meet the completed project's energy needs? Describe whether it will be
used for heating, manufacturing, etc.
b. Would your project affect the potential use of solar energy by adjacent
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properties? If so, generally describe.
c. What kinds of energy conservation features are included in the plans of this
proposal?
List other proposed measures to reduce or control energy impacts, if any:
7) Environmental health
a. Are there any environmental health hazards, including exposure to toxic
chemicals, risk of fire and explosion, spill, or hazardous waste, that could
occur as a result of this proposal? If so, describe:
1) Describe special emergency services that might be required.
2) Proposed measures to reduce or control environmental health hazards, if
any:
b. Noise
1)What types of noise exist in the area which may affect your project(for
example: traffic, equipment, operation, other)?
2)What types and levels of noise would be created by or associated with
'the project on a short-term or a long-term basis (for example: traffic,
construction, operation, other)? Indicate what hours noise would
come from the site.
3) Proposed measures to reduce or control noise impacts, if any:
8). Land and shoreline use
a. What is the current use of the site and adjacent properties?
b. Has the site been used for agriculture? If so, describe.
c. Describe any structures on the site.
d. Will any structures be demolished? If so, what?
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e. What is the current zoning classification of the site?
f. What is the current comprehensive plan designation of the site?
g. If applicable, what is the current shoreline master program designation of the
site?
h. Has any part of the site been classified as an "environmentally sensitive"
area? If so, specify.
i. Approximately how many people would reside or work in the completed
project?
j. Approximately how many people would the completed project displace?
k. Proposed measures to avoid or reduce displacement impacts, if any:
I. Proposed measures to ensure the proposal is compatible with existing and
projected land uses and plans, if any:
9) Housing
a. Approximately how many units would be provided, if any? Indicate
whether high, middle, or low-income housing.
b. Approximately how many units, if any, would be eliminated? Indicate
whether high, middle, or low-income housing.
c. Proposed measures to reduce or control housing impacts, if any:
10). Aesthetics
a. What is the tallest height of any proposed structure(s), not including
antennas; what is the principal exterior building material(s) proposed?
b. What views in the immediate vicinity would be altered or obstructed?
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c. Proposed measures to reduce or control aesthetic impacts, if any:
11). Light and glare
a. What type of light or glare will the proposal produce?
What time of day would it mainly occur?
b. Could light or glare from the finished project be a safety hazard or interfere
with views?
c. What existing off-site sources of light or glare may affect your proposal?
d. Proposed measures to reduce or control light and glare impacts, if any:
12) Recreation
a. What designated and informal recreational opportunities are in the
immediate vicinity?
b. Would the proposed project displace any existing recreational uses?
If so, describe.
c. Proposed measures to reduce or control impacts on recreation, including
recreation opportunities to be provided by the project or applicant, if any:
13). Historic and cultural preservation
a. Are there any places or objects listed on, or proposed for, national, state, or
local preservation registers known to be on or next to the site? If so,
generally describe.
b. Generally describe any landmarks or evidence of historic, archaeological,
scientific, or cultural importance known to be on or next to the site.
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c. Proposed measures to reduce or control impacts, if any:
14). Transportation
a. Identify public streets and highways serving the site, and describe proposed
access to the existing street system.
Show on site plans, if any.
b. Is site currently served by public transit? If not, what is the
approximate distance to the nearest transit stop?
c. How many parking spaces would the completed project have? How
many would the project eliminate?
d. Will the proposal require any new roads or streets, or improvements to
existing roads or streets, not including driveways? If so, generally
describe(indicate whether public or private).
e. Will the project use (or occur in the immediate vicinity of) water, rail, or air
transportation? If so, generally describe.
f. How many vehicular trips per day would be generated by the completed
project? If known, indicate when peak volumes would occur.
g. Proposed measures to reduce or control transportation impacts, if any:
15) Public services
a. Would the project result in an increased need for public services (for
example: fire protection, police protection, health care, schools,
other)? If so, generally describe.
b. Proposed measures to reduce or control direct impacts on public services, if
any.
16) Utilities
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a. Check utilities currently available at the site: ❑ electricity, ❑ natural gas,
❑water, ❑ refuse service, ❑ telephone, ❑ sanitary sewer, ❑ septic
system, ❑ other—describe:
b. Describe the utilities that are proposed for the project, the utility providing
the service, and the general construction activities on the site or in the
immediate vicinity which might be needed.
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C. SIGNATURE
The above answers are true and complete to the best of my knowledge. I understand that the lead agency
is relying on them to make its decision.
Signature:
Date Submitted:
D. SUPPLEMENTAL SHEET FOR NON-PROJECT ACTIONS
(do not use this sheet for project actions
Because these questions are very general, it may be helpful to read them in conjunction with the list
of the elements of the environment.
When answering these questions, be aware of the extent the proposal, or the types of activities
likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if
the proposal were not implemented. Respond briefly and in general terms.
1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or
release of toxic or hazardous substances; or production of noise?
a. Proposed measures to avoid or reduce such increases are:
2. How would the proposal be likely to affect plants, animals, fish, or marine life?
a. Proposed measures to protect or conserve plants, animals,fish, or marine life are:
3. How would the proposal be likely to deplete energy or natural resources?
a. Proposed measures to protect or conserve energy and natural resources are:
4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or
eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers,
threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime
farmlands?
a. Proposed measures to protect such resources or to avoid or reduce impacts are:
City of Spokane Valley SEPA Checklist
To Be Completed by Applicant
5. How would the proposal be likely to affect land and shoreline use, including whether it
would allow or encourage land or shoreline uses incompatible with existing plans?
a. Proposed measures to avoid or reduce shoreline and land use impacts are
6. How would the proposal be likely to increase demands on transportation or public services and utilities?
a. Proposed measures to reduce or respond to such demand(s) are:
7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements
for the protection of the environment.
E. SIGNATURE
I, the undersigned, swear under penalty of perjury that the above responses are made truthfully and to
the best of my knowledge. I also understand that, should there be any willful misrepresentation or willful
lack of full disclosure on my part, the agency may withdraw any Determination of Nonsignificance that it
might issue in reliance upon this check list.
Date: Signature:
Please print or type:
Proponent:
Address:
Phone:
Person completing form (if different from proponent):
Name:
Address:
Phone:
Rage-Page 59-e#-of 676766
Community Development Department
SSCITYOF �t Planning Division
pokane 11707 E Sprague Ave Suite 106
® Spokane Valley WA 99206
4000*\
' Ta11ey®
Phone: 509.688.0036
Fax: 509.688.0037
SPOKANE VALLEY MUNICIPAL CODE
WAC 197-11-985 and SVMC Title 21, Environmental Controls
Notice of Assumption of Le;-; d Agency Status
Description of proposal:
Proponent:
Location of proposal:
Initial Lead Agency:
New Lead Agency:
The initial lead agency has determined this proposal was not likely to have significant adverse
impact on the environment, according to its determination of non-significance dated:
,20_
We have reviewed the environmental checklist and related information. In our opinion, an
Environmental Impact Statement (EIS) is required on the proposal because of the following
impacts:
You are being notified that we assume the responsibility of lead agency under SEPA, including
the duty to prepare an EIS on the proposal.
Responsible Official:
Position/Title:
Address:
Date: Signature:
P-age-Page 60-o#-of 676-766
Community Development Department
Planning Division
Siokane
11707 E Sprague Ave Suite 106
Spokane Valley WA 99206
Valley® Phone: 509.688.0036
Fax: 509.688.0037
Spokane Valley Municipal Code
WAC 197-11-965 and SVMC Title 21,Environmental Controls
Determination of Significance
And Request for Comments on Scope of EIS
Description of proposal:
Proponent:
Location of proposal:
Lead Agency:
EIS Required. The lead agency has determined this proposal is likely to have a significant adverse
impact on the environment. An Environmental Impact Statement (EIS) is required
under RCW 43.21C.030.(2)(c) and will be prepared. An environmental checklist or
other materials indicating likely environmental impacts can be reviewed at our
offices.
The lead agency has identified the following areas for discussion in the EIS:
Scoping. Agency, affected tribes and members of the public are invited to comment on the scope of the
EIS. You may comment on alternatives, mitigation measures, probable significant
adverse impacts and licenses or other approvals that may be required.
The method and deadline for giving us your comments is:
Responsible Official:
Position/Title: Phone:
Address:
Date: Signature:
You may appeal this determination of significance to:
At(location): No later than(date):
By(method):
You should be prepared to make specific factual objections.
Contact to read or ask about the procedures for SEPA appeals.
Page Page 61-of-of 676766
Community Development Department
o
p ,'A Planning Division
kane 11707 E Sprague Ave Suite 106
Y `7A7 Spokane Valley WA 99206
Vglley® Phone: 509.688.0036
Fax: 509.688.0037
Spokane Valley Municipal Code
WAC 197-11-965 and SVMC Title 21,Environmental Controls
Determination of NonSignificance
Description of proposal:
Property Owner:
Applicant:
Location of proposal:
Lead Agency:
Determination: The City of Spokane Valley adopted Ordinance No. 48, effective March 31, 2003, that
implemented on an interim basis the Spokane Environmental Ordinance, effective November 19, 2002
and it provisions. The lead agency has determined that this proposal does not have a probable significant
adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under
RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist
and other information on file with the lead agency. This information is available to the public on request.
This DNS is issued pursuant to WAC 197-11-340(2); the lead agency will not act on this proposal for
fourteen (14) calendar days from the date issued (below). Comments must be received by this
department no later than 5:00 pm on:
Scoping. Agency,affected tribes and members of the public are invited to comment on the scope of the
EIS. You may comment on alternatives,mitigation measures,probable significant adverse impacts and
licenses or other approvals that may be required.
The method and deadline for giving us your comments is:
Responsible Official:
Position/Title: Phone:
Address:
Date: Signature: _
You may appeal this determination of significance to:
At(location): No later than(date):
By(method):
You should be prepared to make specific factual objections.
Contact to read or ask about the procedures for SEPA appeals.
Pogo Page 62-ef-of 676766
Community Development Department
CITY OFolPlanning Division
Np �ane 11707 E Sprague Ave Suite 106
� �o ® Spokane Valley WA 99206
Phone: 509.688.0036
Fax: 509.688.0037
Spokane Valley Municipal Code
WAC 197-11-965 and Title 21, Environmental Controls
ADOPTION OF EXISTING ENVIRONMENTAL
DOCUMENT
Adoption for: (check appropriate box) 0 DNS 0 EIS 0 Other
Description of proposal:
Proponent:
Location of proposal:
Title of document being adopted:
Agency that prepared document being adopted:
Date adopted document was prepared:
Description of document (or portion) being adopted:
If document being adopted has been challenged (WAC 197-11-630), please describe:
The document is available to be read at(place/time):
We have identified and adopted this document as being appropriate for this proposal after independent
review. The document meets our environmental review needs for the current proposal and will
accompany the proposal to the decision maker.
Name of agency adopting document:
Contact person(If Other Than Responsible Official):
Phone:
Responsible Official:
Position/Title: Phone:
Address:
DATE ISSUED: SIGNATURE:
Page-Page 63-0-of 6766
Community Development Department
_ Planning Division
*dime 11707 E Sprague Ave Suite 106
Spokane Valley WA 99206
4000 valley® Phone: 509.688.0036
Fax: 509.688.0037
Spokane Valley Municipal Code
WAC 197-11-965 and Title 21, Environmental Controls
Notice of Action
Notice is Given Under SEPA, RCW 43.21C.080, That:
(Name of agency or entity)
Took the Action Described in (2) Below on:
(Date)
1. Any action to set aside, enjoin, review, or otherwise challenge such action on the grounds of
noncompliance with the provisions of Chapter 43.21 C RCW(State Environmental Policy Act) shall be
commenced on or before: ,20_
2. Description of Agency Actions:
3. Description of Proposals(If not covered by 2 above):
4. Location of Proposal (A sufficient description should be given to locate the site, if any, but a
complete legal description is not required):
5. Type of Environmental Review Under SEPA (Include name and date of any environmental
documents):
6. Documents May Be Examined During Regular Business Hours At (Location, including
room number, if any):
7.Name of Agency, Proponent, or Applicant Giving Notice:
8.This Notice is Filed by:
Responsible Official:
Position/Title: Phone:
Date: Signature:
Page Page 6,1 of of 6767€
Appendix A
Pertinent WAC 197-11 Provisions
1. 197-11-040, Definitions;
2. 197-11-050, Lead Agency;
3. 197-11-055, Timing of the State Environmental Policy Act process;
4. 197-11-060, Content of environmental review;
5. 197-11-070, Limitations on action during State Environmental Policy Act process;
6. 197-11-080, Incomplete or unavailable information;
7. 197-11-090, Supporting documents;
8. 197-11-100, Information required of applicants;
9. 197-11-158, GMA project review—reliance on existing plans, laws and regulations;
10. 197-11-164, Planned actions—definition and criteria;
11. 197-11-168, Ordinances or resolutions designating planned actions—procedures for adoption;
12. 197-11-172, Planned actions, project review;
13. 197-11-210, SEPA/GMA integration;
14. 197-11-220, SEPA/GMA definitions;
15. 197-11-228, Overall SEPA/GMA integration procedures;
16. 197-11-230, Timing of an integrated GMA/SEPA process;
17. 197-11-232, SEPA/GMA integration procedures for preliminary planning, environmental analysis,
and expanded scoping;
18. 197-11-235, Documents;
19. 197-11-238, Monitoring;
20. 197-11-250, SEPA/Model Toxics Control Act(MTCA) integration;
21. 197-11-253, SEPA lead agency for MTCA actions;
22. 197-11-256, Preliminary evaluation;
23. 197-11-259, Determination of nonsignificance for MTCA remedial actions;
24. 197-11-262, Determination of significance for MTCA remedial actions;
25. 197-11-265, Early scoping for MTCA remedial actions; and
26. 197-11-268, MTCA interim actions.
27. 197-11-300, Purpose of this article;
28. 197-11-305, Categorical exemptions;
29. 197-11-310, Threshold determination required;
30. 197-11-315, Environmental checklist required;
31. 197-11-330, Threshold determination process;
32. 197-11-335, Additional information;
33. 197-11-340, Determination of nonsignificance (DNS);
34. 197-11-350, Mitigated DNS;
35. 197-11-355, Optional DNS process;
36. 197-11-360, Determination of significance (DS)/initiation of scoping; and
37. 197-11-390, Effect of threshold determination.
38. 197-11-400, Purpose of EIS;
39. 197-11-402, General requirements;
40. 197-11-405, EIS types;
41. 197-11-406, EIS timing;
42. 197-11-408, Scoping;
43. 197-11-410, Expanded scoping;
44. 197-11-420, EIS preparation;
45. 197-11-425, Style and size;
46. 197-11-430, Format;
47. 197-11-435, Cover letter or memo;
48. 197-11-440, EIS contents;
49. 197-11-442, Contents of EIS on nonproject proposals;
50. 197-11-443, EIS contents when prior nonproject EIS;
51. 197-11-444, Elements of the environment;
52. 197-11-448, Relations of the EIS to other considerations;
53. 197-11-450, Cost-benefit analysis;
54. 197-11-455, Issuance of draft EIS (DEIS);
65
55. 197-11-460, Issuance of final EIS (FEIS).
56. 197-11-500, Purpose of this article;
57. 197-11-502, Inviting comment;
58. 197-11-504, Availability and cost of environmental documents;
59. 197-11-508, SEPA register;
60. 197-11-510, Public notice;
61. 197-11-535, Public hearings and meetings;
62. 197-11-545, Effect of no comment;
63. 197-11-550, Specificity of comments;
64. 197-11-560, FEIS response to comments;
65. 197-11-570, Consulted agency costs to assist lead agency.
66. 197-11-600, When to use existing environmental documents;
67. 197-11-610, Use of NEPA documents;
68. 197-11-620, Supplemental environmental impact statement—Procedures;
69. 197-11-625, Addenda—Procedures;
70. 197-11-630, Adoption—Procedures;
71. 197-11-635, Incorporation by reference—Procedures;
72. 197-11-640, Combining documents.
73. 197-11-650, Purpose of this article;
74. 197-11-655, Implementation;
75. 197-11-660, Substantive authority and mitigation;
76. 197-11-680, Appeals.
77. 197-11-700, Definitions;
78. 197-11-702, Act;
79. 197-11-704, Action;
80. 197-11-706, Addendum;
81. 197-11-708, Adoption;
82. 197-11-710, Affected tribe;
83. 197-11-712, Affecting;
84. 197-11-714, Agency;
85. 197-11-716, Applicant;
86. 197-11-718, Built environment;
87. 197-11-720, Categorical exemption;
88. 197-11-721, Closed record appeal;
89. 197-11-722, Consolidated appeal;
90. 197-11-724, Consulted agency;
91. 197-11-726, Cost/benefit analysis;
92. 197-11-728, County/city;
93. 197-11-730, Decision maker;
94. 197-11-732, Department;
95. 197-11-734, Determination of nonsignificance (DNS);
96. 197-11-736, Determination of significance(DS);
97. 197-11-738, EIS;
98. 197-11-740, Environment;
99. 197-11-742, Environmental checklist;
100. 197-11-744, Environmental document;
101. 197-11-746, Environmental review;
102. 197-11-750, Expanded scoping;
103. 197-11-752, Impacts;
104. 197-11-754, Incorporation by reference;
105. 197-11-756, Lands covered by water;
106. 197-11-758, Lead agency;
107. 197-11-760, License;
108. 197-11-762, Local agency;
109. 197-11-764, Major action;
110. 197-11-766, Mitigated DNS;
111. 197-11-768, Mitigation;
66
112. 197-11-770, Natural environment;
113. 197-11-772, NEPA;
114. 197-11-774, Nonproject;
115. 197-11-776, Phased review;
116. 197-11-778, Preparation;
117. 197-11-780, Private project;
118. 197-11-782, Probable;
119. 197-11-784, Proposal;
120. 197-11-786, Reasonable alternative;
121. 197-11-788, Responsible official;
122. 197-11-790, SEPA;
123. 197-11-792, Scope;
124. 197-11-793, Scoping;
125. 197-11-794, Significant;
126. 197-11-796, State agency;
127. 197-11-797, Threshold determination;
128. 197-11-799, Underlying governmental action.
129. 197-11-800, Categorical exemptions;
130. 197-11-880, Emergencies;
131. 197-11-890, Petitioning DOE to change exemptions.
132. 197-11-900, Purpose of this article;
133. 197-11-902, Agency SEPA policies;
134. 197-11-916, Application to ongoing actions;
135. 197-11-920, Agencies with environmental expertise;
136. 197-11-922, Lead agency rules;
137. 197-11-924, Determining the lead agency;
138. 197-11-926, Lead agency for governmental proposals;
139. 197-11-928, Lead agency for public and private proposals;
140. 197-11-930, Lead agency for private projects with one agency with jurisdiction;
141. 197-11-932, Lead agency for private projects requiring licenses form more than one
agency when one of the agencies is a county/city;
142. 197-11-934, Lead agency for private projects requiring licenses from a local agency, not
a county/city, and one or more state agencies;
143. 197-11-936, Lead agency for private projects requiring licenses from more than one state
agency;
144. 197-11-938, Lead agencies for specific proposals;
145. 197-11-940, Transfer of lead agency status to a state agency;
146. 197-11-942, Agreements on lead agency status;
147. 197-11-944, Agreements on division of lead agency duties;
148. 197-11-946, DOE resolution of lead agency disputes;
149. 197-11-948, Assumption of lead agency status
67
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: January 25, 2007
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ® public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Public Hearing (continued): Uniform Development Code Title 21 -
Environmental Controls.
Public Hearing: Shoreline Master Program (SMP)
GOVERNING LEGISLATION: See below professional
PREVIOUS COUNCIL/COMMISSION
ACTION TAKEN: The 2006-2026 Comprehensive Plan was adopted on April 25, 2006
and effective on May 10, 2006.
BACKGROUND:
Development regulations implementing the Comprehensive Plan should be adopted by March
31, 2007. These regulations are subject to the same requirements for early, continuous and
collaborative public participation as the Comprehensive Plan.
Title 21 — Environmental Controls.
Title 21 includes provisions for compliance with the State Environmental Policy Act (SEPA —
RCW 43.21C, WAC 197-11) as well as critical areas regulation (RCW 36.70A, WAC 365-195)
including floodplain hazards (44CFR 60, RCW 86.16), wetlands protection, fish and wildlife
conservation, geologically hazardous areas, critical aquifer recharge areas, as well as
regulations implementing the proposed Spokane Valley Shoreline Master Program (RCW
90.58). This Title is unique in many respects, since the jurisdiction of several state agencies, as
well as the federal government must be taken into account.
SEPA: The SEPA process mimics the National Environmental Policy Act (NEPA) in
many ways. The administration of the process is delegated to a "lead agency" which is
resolved through a statutorily established process. Many planning (non-project),
development and construction projects are subject to SEPA review and administrative
determination, with the requirement for a hearing in the event the determination is
appealed. The statute is fairly prescriptive.
Policy Questions: Should the City continue with the optional thresholds adopted by
Spokane County?
Critical Areas:
Floodplain Hazard. Flood Hazard regulations are a condition of the City's participation
in the National Flood Insurance Program (NFIP) regulated by the Federal Emergency
Management Agency and the Washington Department of Ecology. The proposal
includes updates incorporated in the Washington Model Ordinance, as well special
provisions for flood storage, resulting from the recent completion of the Chester Creek
re-study. The proposal has been reviewed by FEMA and the Washington Department of
Ecology.
Policy Questions: The proposed ordinance is significantly more rational in dealing with
flood prone areas. The analysis was a result of the Chester Creek restudy which will
permit evidence of compensatory storage in-lieu of limitations on impervious cover.
Information Report
Uniform Development Code Title 21 Environmental Controls
Shoreline Master Program)
Page 2 of 3
Wetland Protection. Wetland buffers implement provisions of The Clean Water Act and
are included among the critical areas which must be regulated. The Department of
Ecology has updated regulations concerning wetlands significantly, allowing much
greater latitude for analysis than was the case under the old rules.
Policy Questions: DOE has outlined three alternative approaches (plus one variation on
alternative 3) to wetlands regulation. Alternative 1 is the only alternative permitted under
our interim regulations. The proposed regulations would allow an applicant to elect
among the three alternatives outlined by DOE to establish wetland buffers.
Fish & Wildlife Conservation._These provisions implement regulations for habitat
conservation established by the Washington Department of Natural Resources (DNR)
for riparian areas (RCW 90.58). DNR very recently completed its update of stream and
water body typing. These regulations replaced the earlier five stream type classification
with four, "S" Shorelines of the State, "F" Fish, "Np" Non-fish perennial and "Ns" Non-fish
seasonal. Setbacks and forest practices regulations (WAC 222-determine conservation
setbacks based on a combination of stream width (bankfull) and soil types, pursuant to
WAC 222-30-020. These regulations also replace the "ordinary high water mark" as a
benchmark with "bankfull".
Policy Question: Should the Director's authority to allow reductions in the riparian buffer
be reduced from 25% to 10%?
Geologically Hazardous Areas. These areas are designated on the Comprehensive
Plan and include both erosion and landslide hazard areas.
Policy Question: Proposed regulations determined only by the results of a geo-technical
report, as is currently the case. Note that some provisions relate to grading and
excavating included in Title 24- Building Regulations.
Critical Aquifer Recharge Areas. This provision regulates land uses with the potential
for aquifer contamination, based on susceptibility. A one thousand foot radius around all
groundwater wells is defined as "high" susceptibility", regardless of soil conditions.
Policy Question: Should containment of Critical Materials be included here or a part of
Title 24 Building Regulations, as is the case with Spokane County? While the public
hearing draft does not include it, it would be prudent to incorporate it here as a part of
the CARA.
Shoreline Master Program
The proposed Spokane Valley Shoreline Master Program (SMP) is subject to approval of
the Department of Ecology. Staff has followed the adopted Citizen Participation process
but DOE will 7undertake a separate public participation process following City
approvals.. The City collaborated with all jurisdictions in Spokane County, except the
City of Spokane, in performing an inventory and assessment of all statutorily designated
shorelines. These include "Shorelines of Statewide Significance" (Spokane River) and
"Shorelines of the State" which includes all bodies of water with a surface area of 20
acres or more. This includes Shelley Lake, the Flora Pit and the Park/Thierman pit (both
owned by Central Pre Mix).
The SMP consists of the Plan (8.5 SV Comprehensive Plan and 8.6 Goals & Policies), a
restoration plan included as an appendix, and regulations to be incorporated into the
Spokane County Municipal Code, including Title 21 — Environmental Controls and Title
17- General Provision (Enforcement & Penalties).
Information Report
Uniform Development Code Title 21 Environmental Controls
Shoreline Master Program)
Page 3 of 3
The City of Spokane is in the process of updating its own Shoreline Master Program.
Part of the process includes designating "shoreline environments" which may affect
adjacent land uses. Shoreline Management Programs place a strong emphasis on an
environmentally "properly functioning condition" and public access to the water. Present
regulations also require a restoration plan. The statute also requires specific provisions
related to signage, roadway and utility construction, fill, docks and buoys, as well as
shoreline protection. "Substantial Development Permits" are required for construction in
shoreline areas.
Since the regulations must follow the formulation of the SMP, they should be discussed
concurrently. Three Open Houses were held at City Hall from 4-6 pm during October,
November and December 2006, on the same dates as the Planning Commission. The
Planning Commission is the designated Citizen Advisory Committee.
The proposed drafts include the preliminary comments and recommendations of the
Department of Ecology. Policy questions have been identified for the Commission, and
the text of the relevant statutes to assist the Commission in their deliberations.
NOTE: Omitted from the draft are two categorical exemption from the requirement for a
Substantial Development Permit: 1) Exemption for single-family residential and 2)an
exemption for a residential dock where the amount is less than $10,000. This will need
to be included.
Policy Questions:
Setbacks from the Ordinary High Water Mark increased from 50 feet to 100 feet?
Alternately, the Riparian Management Zone (RMZ) may be established as the "Shoreline
Buffer.
Prohibitions on new docks for single family residential?
Limitation on size and alignment of replacement docks? (This should be retained, even
if new docks should be permitted, although the dimensions may be revised)
Are the Shoreline Environments properly identified on the maps?
Are additional uses allowed by right, with a conditional use permit, or otherwise limited
appropriate within the Shoreline jurisdiction?
Planning Commission continued the Public Hearing on Title 21 opened on January 11, 2007
until January 25, 2007 to hear testimony on the SMP which is scheduled for that evening.
The proposed regulations were submitted to CTED on October 20, 2006. A Determination of
Non-Significance (SEPA) was issued on the same day. The comment period expired on
November 30, 2006.
OPTIONS: Continue public hearing, move to recommend approval, move to not recommend
approval
RECOMMENDED ACTION OR MOTION: Recommend approval to the City Council
BUDGET/FINANCIAL IMPACTS: None.
STAFF CONTACT: Marina Sukup, AICP, Community Development Director
ATTACHMENTS:
Title 21- Draft regulations, Draft SMP Goals & Policies
Public Hearing Draft Shoreline Master Program
8.5 SHORELINE MASTER PROGRAM
[To be incorporated into the Spokane Valley Comprehensive Plan]
8.5.1. Planning Context
The goals, policies and regulations of the Shoreline Management Program are promulgated
under the authority of and pursuant to the requirements of Chapter 90.58 RCW, the Shoreline
Management Act of 1971, Shoreline Master Program Planning Guidelines WAC 173-26 and
Shoreline Management Permit and Enforcement Procedures WAC 173-27, and Chapter 8—
Natural Resources of the Spokane Valley Comprehensive Plan
The Shoreline Management Act (SMA) further designates "natural rivers or segments thereof'
that have a mean annual flow of two hundred (200) cubic feet per second (cfs) and lakes of 20
acres or more in size, or more, as shorelines of statewide significance.
The interests of all of the people of the State shall be considered in the management of
shorelines of statewide significance. Accordingly, preference is given to uses and development
that meet the following principles:
a. Recognize and protect the statewide interest over local interest;
b. Preserve the natural character of the shoreline;
c. Result in long-term over short-term benefits;
d. Protect the resources and ecology of the shoreline;
e. Increase public access to publicly owned areas of the shoreline; and
f. Increase recreational opportunities for the public on the shorelines.
g. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or
necessary.
Pursuant to RCW 90.58.100 the SMP shall include:
a. An economic development element for the location and design of industries, industrial
projects of statewide significance, transportation facilities, port facilities, tourist facilities,
commerce and other developments that are particularly dependent on their location on
or use of the shorelines of the state;
b. A public access element making provision for public access to publicly owned areas;
c. A recreational element for the preservation and enlargement of recreational
opportunities, including but not limited to parks, tidelands, beaches, and recreational
areas;
d. A circulation element consisting of the general location and extent of existing and
proposed major thoroughfares, transportation routes, terminals, and other public utilities
and facilities, all correlated with the shoreline use element;
e. A use element which considers the proposed general distribution and general location
and extent of the use on shorelines and adjacent land areas for housing, business,
industry, transportation, agriculture, natural resources, recreation, education, public
buildings and grounds, and other categories of public and private uses of the land;
f. A conservation element for the preservation of natural resources, including but not
limited to scenic vistas, aesthetics, and vital estuarine areas for fisheries and wildlife
protection;
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Public Hearing Draft Shoreline Master Program
g. An historic, cultural, scientific, and educational element for the protection and
restoration of buildings, sites, and areas having historic, cultural, scientific, or
educational values;
h. An element that gives consideration to the statewide interest in the prevention and
minimization of flood damages; and
i. Any other element deemed appropriate or necessary to effectuate the policy of this
chapter.
RCW 90.58.100 the SMP also requires that
"(6) Each master program shall contain standards governing the protection of
single family residences and appurtenant structures against damage or loss
due to shoreline erosion. The standards shall govern the issuance of
substantial development permits for shoreline protection, including structural
methods such as construction of bulkheads, and nonstructural methods of
protection. The standards shall provide for methods which achieve effective
and timely protection against loss or damage to single family residences and
appurtenant structures due to shoreline erosion. The standards shall provide a
preference for permit issuance for measures to protect single family
residences occupied prior to January 1, 1992, where the proposed measure is
designed to minimize harm to the shoreline natural environment."
In 2003 c 321: "(1)The legislature finds that the final decision and order in Everett
Shorelines Coalition v. City of Everett and Washington State Department of Ecology, Case
No. 02-3-0009c, issued on January 9, 2003, by the central Puget Sound growth
management hearings board was a case of first impression interpreting the addition of the
shoreline management act into the growth management act, and that the board considered
the appeal and issued its final order and decision without the benefit of shorelines
guidelines to provide guidance on the implementation of the shoreline management act and
the adoption of shoreline master programs.
(2) This act is intended to affirm the legislature's intent that:
(a)The shoreline management act be read, interpreted, applied, and implemented
as a whole consistent with decisions of the shoreline hearings board and
Washington courts prior to the decision of the central Puget Sound growth
management hearings board in Everett Shorelines Coalition v. City of Everett and
Washington State Department of Ecology,
(b)The goals of the growth management act, including the goals and policies of the
shoreline management act, set forth in RCW 36.70A.020 and included in RCW
36.70A.020 by RCW 36.70A.480, continue to be listed without an order of priority;
and
(c) Shorelines of statewide significance may include critical areas as defined by
RCW 36.70A.030(5), but that shorelines of statewide significance are not critical
areas simply because they are shorelines of statewide significance.
(3) The legislature intends that critical areas within the jurisdiction of the shoreline
management act shall be governed by the shoreline management act and that critical areas
outside the jurisdiction of the shoreline management act shall be governed by the growth
management act. The legislature further intends that the quality of information currently
required by the shoreline management act to be applied to the protection of critical areas
within shorelines of the state shall not be limited or changed by the provisions of the growth
management act." [2003 c 321 § 1.]
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8.5.2 Scope and Application
The Spokane Valley Shoreline Management & Restoration Program has been fully integrated
within the planning and regulatory framework of the City including:
1. The Shoreline Goals, Policies and Shoreline designations set forth herein and incorporated
into Chapter 8 of the Spokane Valley Comprehensive Plan.
2. The regulations set forth in Spokane Valley Municipal Code Title 21 Environmental
Controls.
3. The Official Shoreline Designation Map maintained in the Department of Planning &
Community Development included in Chapter 8 of the Comprehensive Plan.
4. Inventory and Assessment was conducted by Landau Associates, July 2005, adopted by
reference.
5. Department of Natural Resources Stream Typing, 2006.
6. Department of Natural Resources Reclamation Permit data.
7. Spokane County Conservation District Shoreline Inventory &Assessment, January 2005,
adopted by reference.
8. Shoreline Assessment for Spokane County Lakes, URS Corporation, December 2002,
adopted by reference.
8.5.3 Existing Conditions
8.5.3.1. Shorelines of Statewide Significance
1. The Spokane River is the only Shoreline of Statewide Significance within or adjacent to the
City. Reaches within the jurisdiction of the City include portions of Reach 3 and 8, as well as all
of Reaches 4 though 7, identified and evaluated by the Spokane County Conservation District.'
The condition of the river is described in the following table:
Length `\ Development
(river PFC Ecological Restoration
Reach miles) Sinuosity Ratio Rating Rating Potential Risk
3 3.4 Low High PFC Fair-good Fair-poor High
4 0.9 Moderate High PFC Fair Fair-poor High
5 3.2 Moderate High PFC Fair-good Poor High
6 2.8 Moderate High PFC Poor-fair Fair-good High
7 2.3 Low Low FAR Poor-fair Poor-fair High
8 1.2 Low Low PFC Fair-good Low-N/A High
W/D Width/depth ratio.
PFC Proper functioning condition.
FAR Functional-at-risk.
N/A Not applicable.
Red text indicates high priority reach
2. The statewide interest in preserving the natural character of the shoreline is supported through
most reaches within the jurisdiction of Spokane Valley by the Centennial Trail, located on the
south shore, which provides recreational opportunities as well as public access to publicly
owned areas of the shoreline. Increased public access and recreational use may require
additional attention to maintenance and conservation to protect the ecology and resources of
' Shoreline Inventory&Assessment, Spokane County Conservation District, January 2005.
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the shoreline. The portion of Reach 7 downstream of Plantes Ferry Park is a prime candidate
for a mixed use redevelopment. The development of Myrtle Point Park should be designed to
off-set ecological degradation resulting from past industrial uses and future redevelopment.
The north bank of the river through Reaches 5 and 6 is primarily industrial with adequate
setbacks from the river. Residential properties on the north bank of the river are separated
from the river by the property owned by the Washington Department of Parks and Recreation.
3. Factors to be considered pursuant to RCW 90.58.100 were incorporated into the designation of
Shoreline environments and the goals and policies that follow.
8.5.3.2 Shorelines of the State
1. Shorelines of the state in Spokane Valley include Shelley Lake and two permitted aggregate
surface mines with operational mineral resource recovery operations in progress.
a. Shelley Lake: The shoreline of the 35.9 acre lake is described as stable with little or no
vegetation, an absence of riparian and wetland vegetation and non-functional wetland area.
Water quality is poor with iron oxide deposits visible along shorelines and basalt cliffs, with
significant potential for non-point source pollution. PFC rating is functional-at risk, with a
moderate sensitivity to development and a significant opportunity and need for restoration.
b. Flora Pit: Water surface of 24.2 acres in 2006 with bare shoreline (Central Pre-Mix
Pit/Acme Materials Reclamation Permit Nos. 70011179 and 70012884—sand and gravel)
operated under a DNR Surface Mining permit. Following closure of the pit, the reclamation
plan provides for restoration of the site with revegetation with native plant species to be
maintained as a wildlife habitat. Speedway Pit (Park/Thierman): Water surface of 53.8
acres with bare shorelines intrudes into the Spokane Rathdrum aquifer. (Central Pre-Mix
Pit/Acme Materials Reclamation Permit Nos. 70012085 and 70010226—sand and gravel)
operated under a DNR Surface Mining permit. Following closure of the pit, the reclamation
plan provides for restoration of the site with revegetation with native plant species to be
maintained as a wildlife habitat. 2. Factors to be considered pursuant to RCW 90.58.100
were incorporated into the designation of Shoreline environments and the goals and
policies that follow.
8.5.3.3. Standards for Protection of Residential Properties from Shoreline Erosion.
Single family residential property potentially affected by shoreline erosion is generally limited to an
area located west of the Town of Millwood adjacent to the Spokane River in Reach 7. The area
includes 27 lots, 20 of which include residential structures, 17 of which were constructed prior to
1992. Because of the dam, downstream current is slow and the channel is vertically and laterally
stable. The Conservation District analysis observed that low water velocities, coupled with man-
made structures along the banks, protect banks from erosion. There is no significant erosion on
the shorelines of the forebay pool behind Upriver Dam where the vegetation has been left alone.
An additional 30 unimproved residential lots are located east of Millwood and west of Myrtle Point.
Bio-engineered bank stabilization and protection/non-disturbance of native riparian vegetation
should be required to prevent shoreline degradation resulting from development.
8.5.4 Shoreline Management Environment Designations
8.5.4.1. Classification
1. In general. In order to provide a uniform basis for applying policies and use-regulations within
distinctively different shoreline designations, shorelines are classified based on existing
development patterns, ecological function, and the community's goals and aspirations.
The shoreline designation system classifies shorelines into three management environments,
Natural, Rural-Conservancy, Urban Conservancy, and Shoreline Residential. The system is
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intended to permit continued development not inconsistent with maintaining ecological function and
character of the environment.
2. Natural Environment Uses
a. The Natural Environment classification is intended to protect those shoreline areas that
are relatively free of human influence or include intact or partially degraded shoreline
functions intolerant of human use.
b. Development permitted within Natural Areas is established in SVMC 21.50.
c. Significant vegetation removal that would reduce the capability of vegetation to perform
normal ecological maintenance functions is prohibited.
3. Urban Conservancy Environment
a. The Urban Conservancy Environment classification is intended to protect and restore
ecological functions of open space, flood plain and other sensitive lands where they
exist in urban and developed settings, while allowing a variety of compatible uses.
b. Public access and public recreation objectives should be implemented whenever
feasible and where significant ecological impacts can be mitigated.
c. Priority is given water-related uses over non-water-oriented uses. For shoreline areas
adjacent to commercially navigable waters, water-dependent uses should be given
highest priority.
d. Development permitted within Urban Conservancy Environment Areas is established in
SVMC 21.50.
d. Uses that result in restoration of ecological functions should be allowed if the use is
otherwise compatible with the purpose of the environment and the setting.
e. Standards should be established for shoreline stabilization measures, vegetation
conservation, water quality, and shoreline modifications within the Urban Conservancy
designation.
4 Shoreline Residential Environment
a. The Shoreline Residential Environment is intended to accommodate residential
development and to provide appropriate public access and recreational uses.
b. Standards for density or minimum frontage width, setbacks, lot coverage limitations,
buffers, shoreline stabilization, vegetation conservation, critical area protection, and
water quality are established in SVMC 21.50 to assure no net loss of shoreline
ecological functions.
c. Multifamily and multi-lot residential and recreational developments should provide joint
use of recreational facilities.
d. Existing public access should be maintained consistent with constitutionally protected
private property rights.
5. Map 8.xx identifies Shoreline environments in the City of Spokane Valley identified through
detailed analysis and citizen participation. (See also Maps 8.xx through 8.Xn.
6. Shoreline Restoration is addressed in an Appendix X.
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8.6 GOALS AND POLICIES [To be incorporated into the Comprehensive Plan]
Goal
SMG- Use and Development: Encourage economic development in
shoreline areas which depend on their location or use being on the
shorelines of the state.
Policies
SMP-1.1 The location of economic development activities should be appropriate in
relation to other land uses and the ecological functions of the shorelines.
SM-1.2 Access and utilities should be designed to protect and/or enhance the
natural functioning conditions of the shoreline area.
SMP-1.3. Shoreline uses should consider the environmental impact of their location,
distribution and design.
SMP-1.4. All existing and proposed developments should be provided with a full
range of utility services adequate to serve the developments and protect
against hazards to the public and the physical environment.
SMP-1.5 Adverse changes to the natural character of the shorelines and
interference with the public's use of publicly owned water bodies and
shoreline areas should be minimized.
Goal
SMG-2 - Public Access and Circulation: Provide reasonable and adequate
public access, both physical and visual, to the publicly owned
shorelines while providing for the protection of the natural
environment and private property rights.
Policies
SMP-2.1. Physical and visual access to water should be preserved and increased.
SMP-2.2. Access design and spacing of access points should be based on the
ecological function of the shoreline features and should protect fragile
shoreline elements.
SMP-2.3. Except for carefully designed access points, roads, motorized vehicles
and parking should be kept as far from shorelines as feasible.
SMP-2.4. All circulation elements should be designed to minimize conflict between
modes of travel, particularly between recreation and through traffic, and
between auto, bicycle, and pedestrian traffic.
SMP-2.5. Corridors for transportation and utilities should be combined when
possible.
SMP-2.6. Vehicular circulation facilities should be on the upland side of
development whenever physically feasible.
SMP-2.7. Bike paths, foot paths, and bridle paths should be encouraged while still
protecting fragile shoreline elements.
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Goal
SMG— 3 Recreation: Preserve, increase and diversify recreational
opportunities on the shorelines of Spokane Valley.
Policies
SMP-3.1 Encourage the preservation of shorelines for public use.
SMP-3.2. Both passive and active recreation should be encouraged.
SMP-3.3. Public and private recreational uses should be consistent with maintaining
the ecological functions of the shoreline resources to support such use.
Goal
SMG-4 Conservation: Preserve natural shoreline resources including but
not limited to scenic vistas, aesthetics, and areas vital for fisheries
and wildlife habitat.
Policies
SMP-4.1 Unique and fragile shoreline and wetlands resources should be preserved
and natural and semi-natural open spaces should be preserved and
enhanced using best available science.
SMP-4.2 Aesthetics, scenic vistas and irreplaceable resources should be
preserved.
Goal
SMG— 5 Historical and Cultural: Identify, protect, preserve, acquire, and
restore shoreline resources that have cultural, historic, educational,
or scientific values.
Policies
SMP-5.1 All actions within shoreline areas should identify, preserve, and restore
buildings, sites or areas that have cultural, historical, educational or
scientific significance in accordance with all current applicable local, state
and federal regulations.
SMP-5.2 Public acquisition through purchase, gifts, bequests, or donations of
buildings or sites having cultural, scientific, educational, or historical value
should be encouraged.
Goal
SMG— 6 Shoreline Restoration and Protection: Rehabilitate those shorelines
where ecological functions have been degraded.
Policies
SMP-6.1 Develop and implement a program to restore the ecological functions of
degraded shorelines:
SMP-6.2 Developing and implementing a restoration program should be a
collaborative effort among public and private entities and interested
citizens.
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SMP-6.3 Shoreline restoration should include:
a. implementation of strategies to meet goals and priorities
b. benchmarks to measure levels of restoration, monitoring and
maintenance.
c. citizen education and involvement
d. encouragement of collaborative partnership of private and public
entities willing and able to contribute to the rehabilitation of shoreline
resources.
Goal
SMG-7 Ensure that no net loss of ecological functions will result from the
development and use of the shorelines
Policies
SMG-7.1 Develop regulations and mitigation standards in the shoreline master
program to implement a policy of no net loss policy.
SMG-7.2 Preserve priority habitat.
SMG-7.3 Disseminate information regarding the proper care and use of shoreline
resources to foster stewardship.
SMG-7.4 Restoration strategies may include, but not be limited to, land banking,
shoreline acquisition (e.g. conservation futures), conservation easements,
transfer of development rights and clustering of development.
SMG-7.5 Identify mitigation measures to achieve a "no net loss of ecological
functions" determination prior to issuance of development approvals
(WAC 173-26-201(e).
SMG-7.6. Monitor shoreline uses to assure compliance with the goals, policies and
use activity regulations of the Shoreline Management Program.
Goal
SMG 8 Encourage good stewardship of shorelines
Policies
SMP-8.1- Encourage establishment of landowner associations within each shoreline
designation.
SMP-8.2- Disseminate educational materials promoting good stewardship and
construction practices.
SMP-8.3- Educate property owners, shoreline users and the development
community regarding shoreline management regulations.
Goal
SMG 9 Encourage Interagency Cooperation and Coordination
Policies
SMP-9.1 Provide educational information regarding programs on the website with
links to other agency programs.
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SMP-9.2 Encourage interagency collaboration and partnerships through Spokane
County as the regional clearinghouse of shoreline protection and
restoration information.
SMP-9.3 Encourage public agencies to alert their clients about the existence of
other shoreline protection and restoration programs sponsored by public
and private agencies.
Goal
SMG-10 Special Flood Hazards; Manage special flood hazard areas to
enhance environmental quality and to minimize the risks to life and
property.
Policies
SMP-10.1 Minimize impacts of new development on special flood hazard areas
through design that accommodates flood events without property damage,
in accordance with the standards and requirements of the National Flood
Insurance Program.
SMP-10.2 Maintain, protect and restore natural drainage systems to control erosion
and to protect water and environmental quality in conformance with the
Clean Water Act and the National Pollution Control Elimination Systems
(NPDES).
SMP-10.3 Retain, restore and enhance natural vegetation buffers adjacent to the
high water mark of a perennial or intermittent stream or other special flood
hazard areas.
SMP-10.4 Encourage the use of bioengineering techniques, rather than hard
engineering structures to stabilize the floodway.
SMP-10.5 Special flood areas shall be identified through hydrologic and hydraulic
study methods approved by the Federal Emergency Management
Agency.
SMP-10.5 Development within flood hazard areas should be required to mitigate any
adverse environmental impacts, both temporary and permanent, in
accordance with critical areas and flood plain regulations.
Goal
SMG-11 Private Property Rights: Recognize and protect property rights
consistent with the public interest.
Policies
SMP-11.1 Encourage shoreline preservation and restoration with due respect for
constitutionally protected private property rights.
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Appendix XX
Shoreline Restoration
Criteria for Identifying Priority Projects & Mitigation.
1. Priority criteria include:
• Restoration meets the goals and policies pertaining shoreline protection and restoration.
• Restoration avoids residual impacts to other shoreline functions or processes.
• Projects address a known degraded condition.
• Conditions that are progressively worsening are of greater priority.
• Restoration has a high benefit to cost ratio.
• Restoration is feasible, such as being located on and accessed by public property or private
property that is cooperatively available for restoration.
• Restoration measures shall not adversely impact upstream or downstream properties.
• There is public support for the project.
• The project is supported by and consistent with other restoration plans, such as those for
Water Resources Inventory Area 57.
2. The five components of a restoration project plan shall at a minimum include the following:
specific site plan, implementation, performance assessment strategy, adaptive management
techniques, and dissemination of results.
3. Mitigation strategies, both on-site and off-site shall be considered based on a detailed site
restoration plan prepared by a qualified wetland/riparian specialist including:
• Planting of native vegetation that mimics the adjacent plant communities.
Communities should include shrubs, trees, and herbaceous components.
• Minimal grading or sloping to replicate natural topography.
• Drip irrigation to increase survivability of introduced vegetation. Use available
hydrology necessary for the reestablishment of vegetation where drip irrigation is
not necessary.
• Placement of small quantities of plant material in areas that have fairly intact habitat
conditions to improve function and value.
• Placement of tree and shrub habitat components that are focused in providing
habitat connectivity or canopy cover for fish and wildlife values.
• Monitoring and evaluation to include periodic watering, removal of noxious or
invasive plants, and replacement of seed in areas of low grass reestablishment
e. Buffer Requirements based on Best Available Science; exclude encroachment into the
established buffer area as established in the SVMC 21.40.
f. Hydrology enhancement/alteration provides re-establishment of natural hydrology to
include:
• Culvert replacement removal.
• Dike removal or maintenance.
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• Artificial drainage removal (tiling, ditching, etc.)
• Floodplain reconnection
• Barrier removal
4. Shoreline Restoration
Stream
Reach/ Responsible Oversight
Miles/Acreage Ecological Shoreline Impact Schedule/Method for Monitoring
Disturbances Restoration
PFC
6 RR Bridge to Myrtle Increased run-off,reduced 2012 through Spokane Ecology,
1.6 Point filtration capability,water development Valley, Spokane
ualit affected bynutrients mitigation, SRTC, Valley
Lacks riparian vegetation q y
(a) and sedimentation,loss of volunteer action, volunteers
due to development and habitat and work in
parks connection with
rail bridge
construction
6 Myrtle Point Increased run-off,reduced 2009—In Spokane Ecology,
0.6 Lack riparian vegetation filtration capability,water conjunction with Valley Spokane
quality affected by nutrients park development Valley
(a) and sedimentation,loss of
habitat
6 Centennial Trail Increased run-off,reduced 2008 Development Spokane Ecology,
0.6 Footbridge to SV City filtration capability,water Mitigation Valley, Spokane
Limits quality affected by nutrients Developer Valley
(a) Lacks riparian vegetation and sedimentation,loss of
due to development habitat
Lakes
Shelley Lake Fragmentation of Loss of wildlife habitat, 2011 Developer, Ecology,
A vegetative communities, increased runoff,lowered Shelley Lake Spokane
increaseinimpervious filtration capability increasing Homeowners Valley
(c) surfaces,introduction of nutrients and sediments Association
fertilizers and possibly flowing to lake potentially
herbicides reducing water quality and
fish life
Central Pre- Park&Thierman. Active mining—Closure 2008 Restoration in Central DNR
Mix conformance with Premix
Reclamation Plan
—grading,
revegetation
Flora Pit Flora and Sullivan Active mining- Restoration in Central DNR
conformance with Premix
Active gravel/sand Reclamation Plan
mining —grading,
revegetation
PFC: Properly Functioning Condition
(a) Properly Functioning Condition-When adequate vegetation,landform,or large woody debris is present to:dissipate stream
energy associated with high waterflow,thereby reducing erosion and improving water quality;filter sediments,captures bedload,
and aids in floodplain development;improve flood-water retention and ground-water recharge;develop root masses that stabilize
streambanks against cutting action; develop diverse ponding and channel characteristics to provide the habitat and the water
depth, duration, and temperature necessary for fish production, waterfowl breeding, and other uses; and supports greater
biodiversity.
(b)Functional-At Risk-Riparian-wetland areas that are in functional condition,but an existing soil,water,or vegetation attribute
makes them susceptible to degradation.
(c)Nonfunctional-Riparian-wetland areas that clearly are not providing adequate vegetation,landform,or large woody debris to
dissipate stream energy associated with high flows,and thus are not reducing erosion,improving water quality,etc.
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Shoreline Restoration Incentives
The restoration plan must be coordinated with these other components of a master program.
Under the Shoreline Management Guidelines (WAC 173-26) restoration planning has a particular
purpose that exists separate from development regulations. The Guidelines focus restoration
requirements on the use of master program "policies," as opposed to "development regulations."
Under the guidelines, local governments are not required to plan to have individual permittees
restore past damages to an ecosystem as a condition of a permit approval for new development,
although the permittee must fully mitigate for any new harms. Restoration planning should be
focused on such tools as economic incentives, participation in public agency resource
management programs, utilization of private funding sources and public education.
8.5.5.5 Shoreline Management Regulations
Title 21 of the Spokane Valley Municipal Code (SVMC) includes regulations implementing the
State Environmental policy Act, the Spokane Valley Shoreline Management& Restoration Program
and Critical Area. These regulations require that proponents of new development (and some
exempt improvements) that disturb the shoreline environment prepare a report, prepared by a
qualified biologist, demonstrating that there will be no net-loss of ecological function.
8.5.5.6 Protection and Restoration Monitoring
Spokane Valley will evaluate the effectiveness of shoreline restoration and protection strategies
every 3 years in conjunction with the annual update of the Comprehensive Plan.
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Appendix XX
8.5.6 Resources
Numerous public and private agencies have responsibility to protect/restore shoreline ecological
conditions, maintain shoreline aesthetics, improve public access, and to maintain recreational
value as well as wildlife habitat. These agencies include but are not limited to the Spokane County
Conservation District, Inland Northwest Land Trust, WSU Cooperative Extension Service of
Spokane County, Inland Paper Company/Centennial Land Company, Washington State Lake
Protection Association, Washington State Department of Fish and Wildlife, Washington State
Department of Parks and Recreation, Washington State Department of Ecology, Natural Resource
Conservation Service, Spokane County, Avista Company, Northwest Power and Conservation
Council, Upper Columbia Association of Indian Tribes, Washington State Department of Natural
Resources, United States Environmental Protection Agency, and the US Fish and Wildlife Service.
Spokane County Conservation District(SCCD) Programs:
• Buffer Cost Share Program: includes different cost share rates on riparian replanting and
other best management practices components (off-creek watering, fencing, plants). This
SCCD program offers cost-share on such practices as stream-side fencing, off-creek
watering facilities, buffer plantings, grass only, irrigation weed control (2 yr maintenance).
Buffers may vary, but most are narrow strips of land, planted with permanent vegetation,
either grass, shrubs, and/or trees.
• Backyard Conservation Program: provided advice that will help transform a yard into a
natural haven for birds, blooms, and beauty.
• Water, Wetlands, Ponds Program: provides information on water rights,water testing
and maintaining local watersheds. This program assists landowners in the protection of
wetlands and the design and implementation of artificial ponds.
• Stewardship Incentive Program: provides financial assistance to support conservation
efforts of farmers, ranchers or small acreage owners. Through partnerships with state and
federal agencies, the SCCD can provide access to assistance for conservation practices
such as irrigation and water management, erosion and flood control, animal waste
management, and habitat restoration.
• Watershed Conservation/Habitat Restoration Program: is funded by the Natural
Resource Conservation Service to acquire trees and shrubs for planting in shoreline areas
to rehabilitate the ecosystem.
Inland Northwest Land Trust (INLT)
INLT identifies high ecological value land and negotiates long term conservation easements or
outright land purchases.
Forestry Riparian Easement Program protects the qualifying timber and its associated riparian
functions with easements.
Washington Department of Fish and Wildlife (WDFW) has both regulatory and non-regulatory
programs that seek to protect, enhance, and restore shoreline areas, including:
• Backyard Wildlife Sanctuary Program is designed to help homeowners enhance
native habitat.
• Landowner Incentive Program (LIP) is a competitive grant process to provide
financial assistance to private landowners for the protection, enhancement, or
restoration of habitat to benefit"species at risk" on privately owned lands.
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• Watershed Stewardship Program (WST) coordinates resources in local planning and
recovery efforts for salmonids.
Water Quality/Centennial Clean Water Program (Washington State Department of Ecology):
funds the Shoreline Inventory and Assessment Project and includes a Total Maximum Discharge
Limits (TMDLS) assessment of the Spokane River.
Natural Resource Conservation Service [NCRS]
• Environmental Quality Incentives Program: provides technical, educational, and
financial assistance to eligible farmers and ranchers to address soil, water, and related
natural resource concerns on their lands.
• Wetlands Reserve Program Plant Materials Program provides native plants for
wetland restoration, water quality improvement, stream bank and riparian area
protection and other special conservation treatment needs
• Wildlife Habitat Incentives Program: provides financial incentives to develop habitat
for fish and wildlife on private lands. Participants agree to implement a wildlife habitat
development plan and USDA agrees to provide cost-share assistance for the initial
implementation of wildlife habitat development practices.
• Watershed Program:works through local government sponsors providing technical
and financial assistance for watershed protection, erosion and sediment control, water
quality protection, fish and wildlife habitat enhancement, wetlands creation and
restoration,
US Fish and Wildlife Service
• North American Wetlands Conservation Act Grants Program (NAWCA) supports
the long-term protection of wetlands and associated uplands habitats needed by
waterfowl and other migratory birds in North America..
• Partners for Fish and Wildlife (PFW) supports voluntary restoration of wetlands and
other fish and wildlife habitats on private land through public-private partnerships.
• Private Stewardship Program (PSP) provides grants and other assistance on a
competitive basis to individuals and groups for voluntary conservation efforts to benefit
federally listed, proposed, or candidate species, or other at-risk species on private
lands.
Spokane County
• Open Space Taxation Program: pursuant to Chapter 84.43 RCW, this program benefits
owners maintaining property undeveloped or minimally developed.
• The Conservation Futures Program: provides a means for counties to acquire lands and
habitats important to the preservation of wildlife or lands having significant recreational, social,
scenic, or esthetic values.
WSU Cooperative Extension Service (WSUCES) of Spokane County Realtor Education
Program provides information to realtors to clients regarding protection and conservation of
shoreline areas and encourages them to pass it on to their clients.
Master Gardner Training Program (WSUCES program) includes a block of information
pertaining to conserving and protecting shoreline vegetation and if replanting is necessary what are
the most appropriate plantings (referred to as 'natural landscaping')that will survive and protect
and conserve shoreline functions.
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Washington Water Program (WSUCES program)website includes information regarding
streamside plantings which protect the shoreline ecology.
Washington State Department of Ecology (DOE) information addresses bank protection, native
vegetation protection and enhancement, noxious weed abatement, non-point source pollution
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21.50. Shoreline Management& Restoration Program
[To be included as part of the SV Municipal Code—Title 21 Environmental Controls]
21.50.010 Purpose&Applicability. The purpose of these regulations is to manage shoreline resources
within the City of Spokane Valley in conformance with the Spokane Valley Comprehensive Plan, Spokane
Valley Shoreline Management and Restoration Program and state policies applicable to Shorelines of
Statewide Significance(RCW 90.58.020), Shorelines of the State, and shore land areas pursuant to WAC
173-26 and WAC 173-27.
21.50.020 Permitted,Conditional of Limited Land Uses.
1. Land uses within shoreline environments identified in the Spokane Valley Shoreline Master Program
may be permitted, limited or conditioned as follows:
Environment
T
0
Permitted Uses o m
C C
12- 'n(6 N
C O •U)
(i3
0 L O
Z DO u)
Commercial Uses — —
Non-water Recreation —Water-related recreation • • •
Water-related Commercial —
Water-related Industry — — —
Roads —
Utility Corridor — — •
Parking C C •
Single Family Residential
Multi-family Residential — _ —
Mining C C C
Over-water structures L L L
• Permitted Use L Limited
Conditional
C Use - Not Permitted
2. Permitted Uses.
a. All uses and activities shall preserve or restore natural resources including vegetation,wildlife
habitat, or aquatic life and other sensitive resource features which are intolerant of human
activity.
b. There shall be no net loss of shoreline ecological functions as a result of new development. New
development shall include environmental cleanup and restoration of the shoreline.
c. The alteration of a shoreline to create additional shoreline area is prohibited.
d. All new uses and activities or redevelopment of existing uses shall not reduce existing public
access.
e. No structure in the shoreline area shall exceed 35 feet in height above the average elevation of
land in the shoreline area, except where additional height is specifically authorized.
f. Slash and debris and other waste products resulting from a use activity or land clearing activity
shall be removed from the shoreline area immediately following cessation of said activity, as
limited by the provisions of WAC 222-30-020 and SVMC 21.40.020. Debris and waste products
shall not enter into the water and interfere with the regeneration of forest vegetation. All burning
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shall comply with Spokane County Air Pollution Control Agency requirements.
g. No more than 10 percent of the portion of property within a shoreline area shall be occupied by
impervious improvements.
h. Tillage and application of fertilizers and chemical pesticides within 100 feet of the ordinary high
water mark is prohibited.
i. A 100-foot or greater buffer strip of natural vegetation shall be maintained along the waterfront to
prevent erosion and protect water quality and fish habitat, except:
i. Bridge and utility crossings(50 feet);
ii. Pathways of four feet or less in width providing access to the water on slopes of 5%or less;
iii. Access to watercraft launches available for use by the general public or
iv. Hand removal of noxious weeds which does not result in a net-loss of shoreline ecological
function or cause degradation of water quality. Use of herbicides shall require the written
prior approval of the Washington Department of Ecology.
3. Conditional Uses.
In addition to meeting the requirements for permitted uses, uses for which a Conditional Use Permit
are approved, shall also be required to comply with the following provisions:
a. Conditional uses shall not result in any loss of ecological function. The Hearing Examiner may
prescribe methods, timelines and such other conditions as may be necessary to preserve
ecological function and land use compatibility. Any failure to comply with the conditions imposed
by the Hearing Examiner will result in the automatic revocation of the permit.
b. Mining of sand, gravel, soil, or minerals landward of the ordinary high water mark is permitted
only as a conditional use, provided the following conditions are met:
i. The provisions of the Surface Mining Act, RCW 78.44 and WAC 334-18 shall be met for
any surface mining, including that which affects less than 3 acres or produces less than
10,000 tons in any 12 month period. Where surface mining is not subject to the RCW
78.44 permit process the shorelines substantial development permit process shall be
utilized to require compliance to surface mining provisions of RCW 78.44.
ii. Surface drainage and wastes resulting from mining operations shall not be discharged
into streams or water bodies without treatment to remove suspended solids and organic
matter consistent with applicable local, state and federal pollution control and water
quality regulations.
iii. Cleaning, sorting, separation, and storage operations shall not be conducted within 100
feet of the ordinary high water mark.
c. Parking. No more than 10 percent of the portion of property within a shoreline area shall be
occupied by impervious improvements.
d. Single Family Residential.
i. No residential or accessory structure shall be erected within 100 feet of the ordinary
high-water mark.
ii. No on-site wastewater disposal systems serving new single family dwellings shall be
permitted within 200 feet of the ordinary high water mark. Existing single family
dwellings within 200 feet of the ordinary high water mark shall connect immediately to a
public wastewater collection located within 300 feet of the property.
e. A conditional use permit may be approved only upon a finding that:
i. No reasonable alternative conforming use is practical; and
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ii. The proposed use will be at least as consistent as the preexisting use with the policies
and provisions of the Shoreline Management Act and the Master Program and as
compatible with the uses in the area.
iii. The proposed use will not interfere with the normal public use of public shorelines;
iv. The proposed use of the site and design of the project is compatible with other
authorized uses within the area and with uses planned for the area under the
comprehensive plan and shoreline master program;
v. The proposed use will cause no significant adverse effects to the shoreline environment
in which it is to be located; and
vi. The public interest suffers no substantial detrimental effect.
In the granting of all conditional use permits, consideration shall be given to the cumulative
impact of additional requests for like actions in the area.
3. Limited Uses:
In addition to meeting the requirements for permitted uses, uses allowed on a limited basis, shall also be
required to comply with the following provisions:
a New over-water structures shall be allowed only for water-dependent uses, public access, or
ecological restoration. The size of new over-water structures shall be limited to the minimum
necessary to support the structure's intended use.
b. All developments and uses on navigable waters or their beds shall be located and designed to
minimize interference with surface navigation and public access, should consider impacts to
public views, and allow for the safe, unobstructed passage of fish and wildlife, particularly those
species dependent on migration.
c. Boathouses are prohibited.
d. Use of over-water and floating structures as a residenceis prohibited.
e. Except for permitted or legal non-conforming marinas, docks, and bridges, no over-water
structure shall be erected in shoreline areas unless it is consistent with all applicable
requirements in this regulation and the goals and policies of the Comprehensive Plan.
f. New docks serving residential lots shall be prohibited. Replacement docks shall be limited to
100 square feet in area and shall be located parallel to the shoreline.
g. Over-water structures shall not interfere with stream navigation.
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21.50.30 Specific Provisions Applicable to All Shoreline Environments
The following additional provisions are applicable to all shoreline environments in addition to all other
applicable regulations of this Code.
1. Signs.
a. On-premises business identification signs shall be designed to blend in with the natural
environment and shall be affixed to the portion of the business structure facing away from the
water, and shall not exceed 20 square feet.
b. Signs erected by government agencies required to provide direction, protect the public health,
safety, and general welfare shall not exceed 20 square feet in area and shall be designed to
minimize the visual impact to the shoreline area.
c. Signs shall not obstruct views of the shoreline from the surface of the water, and except for
navigational aids, no light source of any sign shall be visible from the surface of the water. Only
navigational or directional signs informing boaters of services such as fuel and moorage, and
government agency signs shall be visible from the shoreline area or the surface of the water.
d. Signs shall not extend beyond the face of a building or above its roofline.
e. Signs shall not move or rotate or have lights which blink or flash on and off intermittently.
2. Utilities.
a. Ground percolation areas or drainage swales are prohibited within 100 feet of the ordinary high
water mark.
b. Community water treatment or community wastewater treatment facilities shall not be located
within 200 feet of the ordinary high-water mark. On-site systems serving existing single family
dwellings shall be permitted until public collection systems are available within 300 feet of the
property. Except for outfall lines,water/wastewater treatment facilities and collection lines shall
not be located waterward of the ordinary high water mark.
c. An overhead electrical transmission line may traverse a shoreline only when necessary to cross
a stream with an approved Conditional Use Permit. Underground stream crossings shall be
installed and shall enter and emerge to and from the ground not less than 50 feet landward of
the ordinary high water mark. Facilities which constitute the final termination or destination of a
transmission line shall not be located in any Shoreline Area. Overhead electric transmission
lines traversing "Shorelines of State-wide Significance" shall have their conductors marked with
daytime obstruction markers wherever the spans through the Shoreline Area exceed 200 feet.
d. Pipelines shall cross streams either by being constructed on public roadway bridges or by being
constructed below-the stream bed. Underground pipelines shall enter and emerge to and from
the ground not less than 50 feet landward of the ordinary high water mark. The construction of
bridges solely to support pipelines is prohibited. New pipelines shall use preexisting utility
easements, to the extent possible.
e. Electric distribution and communication cables shall be installed underground within the
shoreline area.
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3. Roadways
a. Roads shall be maintained in a manner which prevents degradation of shoreline ecological
functions.
b. Landfills and end abutments for bridges shall be placed not less than 50 feet landward of the
Ordinary High Water Mark at an elevation above the 100 year flood event.Abutments shall be
designed so that the flow of floodwaters shall not be restricted. The design of landfills and end
abutments for bridges over streams shall prevent the accumulation of debris upstream of the
bridge.
c. Bridges across Shorelines of the State shall also be designed to accommodate pedestrian and
bicycle traffic. Other roads shall provide a space not less than three feet in width for the
dedicated use of pedestrians, bicycles and animals.
4. Fill
Fill shall be permitted only in connection with the restoration or enhancement of shoreline ecological
functions and where necessary in the interest of an overriding public necessity, provided that
a. There is no net loss of ecological function;
b. Erosion control and bank stabilization measures are required;
c. No fill shall extend waterward of the Ordinary High Water Mark; and
d. No fill shall be permitted within the limits of the 100 year flood event.
e. Dredging and disposal of dredging spoil may be permitted only in connection with the restoration
or enhancement of shoreline ecological functions, except as necessary for purposes of
navigation, or improvements associated with permitted water-related recreation provided that:
i. There is no adverse effect on water quality or littoral (shallow near shore) and riparian
habitat; and
ii. All dredging spoil and dredging equipment is removed within ten days of the completion
of dredging operations.
6. Shoreline Protection
a. New bulkheads are prohibited. No existing bulkhead may be enlarged.
b. Bank stabilization shall only be undertaken after evaluation and written bank failure report from a
qualified engineering firm.
c. Bank stabilization shall be conducted using only biotechnical (soil bioengineering) design
approaches incorporating native plant materials, unless it is demonstrated in the bank failure
report that a biotechnical design will not prevent future bank failure.
21.50.035 Shoreline Substantial Development Permit Required.
A Shoreline Substantial Development Permit shall be required prior to any development within the Spokane
Valley shoreline, subject to the following:
1. Any new development, or any modification in a use or activity that may result in a net loss of
ecological function shall require an environmental assessment prepared by a qualified ecologist.
The assessment shall include the following information:
a. a description of the existing ecological characteristics of the site to include but not be limited
to soil characteristics,type and extent of vegetation, slope,wildlife habitat and such other
characteristics deemed appropriate by the Director based on the unique features of the site;
b. an assessment of the functioning condition of the shoreline prior to disturbance of the
shoreline by the proposal;
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c. an assessment of the specific impacts of the proposal on the shoreline's ecological
functioning condition;
d. a specific strategy to restore shoreline ecological functions lost as a result of the proposal to
include the scientific basis of the recommended strategy. The strategy shall identify a
restoration timetable; and
e. a site plan which fully illustrates the proposed shoreline function enhancements and shall be
drawn to scale and precisely show all site and off-site alterations and enhancements.
2. A Shoreline Permit is valid for a period of up to five years, provided that substantial progress in
project development occurs within two years of the date of issuance. Where substantial progress
has not been demonstrated without good cause,the permit shall lapse.
3. The following activities are categorically exempt from the requirement for a Substantial Development
Permit but may require a conditional use permit or approval of a variance:
a. Maintenance and repair of existing structures for the protection of single-family residences;
b. Emergency repairs;
c. Public improvements in aid of navigation;
d. Survey and geophysical testing in advance of development;
e. Removal of noxious weeds authorized as by the Washington Department of Fish &Wildlife.
f. Shoreline restoration projects (See WAC 173-27-040(2)(o)).
21.50.060. Non-conforming Use or Development
1. "Nonconforming use or development"for purposes of this chapter means a shoreline use or
development which was lawfully constructed or established prior to the effective date of the act
or the applicable master program, or amendments thereto, but which does not conform to
present regulations or standards of the program.
2. Structures that were legally established and are used for a conforming use but which are
nonconforming with regard to setbacks, buffers or yards; area; bulk; height or density may be
maintained and repaired and may be enlarged or expanded provided that said enlargement
does not increase the extent of nonconformity by further encroaching upon or extending into
areas where construction or use would not be allowed for new development or uses.
3. Uses and developments that were legally established and are nonconforming with regard to the
use regulations of the master program may continue as legal nonconforming uses. Such uses
shall not be enlarged or expanded, except that nonconforming single-family residences that are
located landward of the ordinary high water mark may be enlarged or expanded in conformance
with applicable bulk and dimensional standards by the addition of space to the main structure or
by the addition of normal appurtenances as defined in WAC 173-27-040 (2)(g) upon approval of
a conditional use permit.
4. A use which is listed as a conditional use but which existed prior to adoption of the master
program or any relevant amendment and for which a conditional use permit has not been
obtained shall be considered a nonconforming use.A use which is listed as a conditional use
but which existed prior to the applicability of the master program to the site and for which a
conditional use permit has not been obtained shall be considered a nonconforming use.
5. A structure for which a variance has been issued shall be considered a legal nonconforming
structure and the requirements of this section shall apply as they apply to preexisting
nonconformities.
6. A structure which is being or has been used for a nonconforming use may be used for a
different nonconforming use only upon the approval of a conditional use permit.
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7. Conditions may be attached to the permit as are deemed necessary to assure compliance with
the above findings, the requirements of the master program and the Shoreline Management Act
and to assure that the use will not become a nuisance or a hazard.
8. A nonconforming structure which is moved any distance must be brought into conformance with
the applicable master program and the act.
9. If a nonconforming development is damaged to an extent not exceeding seventy-five percent
(75%) of the replacement cost of the original development, it may be reconstructed to those
configurations existing immediately prior to the time the development was damaged, provided
that:
a. Application is made for the permits necessary to restore the development within six
months of the date the damage occurred;
b. All permits are obtained; and
c. The restoration is completed within two years of permit issuance.
10. If a nonconforming use is discontinued for twelve consecutive months or for twelve months
during any two-year period,the nonconforming rights shall expire and any subsequent use shall
be conforming.
11. An undeveloped lot, tract, parcel, site, or division of land located landward of the ordinary high
water mark which was established prior to the effective date of the Shoreline Management Act
or the Shoreline Master Program but which does not conform to the present lot size standards
may be developed so long as such development conforms to all other requirements of the
applicable master program and the act.
21.50.070.Conditional Use Permits
21.50.080 Variances
1. Requests for variances shall be processed in the same manner as any land use variance,
provided however, that the application for a variance shall not be deemed complete until the
Department of Ecology(DOE) provides written acknowledgement to the city that applicant has
provided DOE with a full and complete copy of the application.
2. A variance may be considered only in extraordinary circumstances where it is determined that:
a. The strict application of the bulk, dimensional or performance standards set forth in the
applicable master program precludes, or significantly interferes with, reasonable use of
the property;
b. The hardship is specifically related to the property, and is the result of unique
conditions such as irregular lot shape, size, or natural features and the application of
the master program, and not, for example, from deed restrictions or the applicant's own
actions;
c. The design of the project is compatible with other authorized uses within the area and
with uses planned for the area under the comprehensive plan and shoreline master
program and will not cause adverse impacts to the shoreline environment;
d. The variance will not constitute a grant of special privilege not enjoyed by the other
properties in the area;
e. The variance requested is the minimum necessary to afford relief; and
f. The public interest will suffer no substantial detrimental effect.
3. In the granting of all variance permits, consideration shall be given to the cumulative impact of
additional requests for like actions in the area.
4. Variances from the use regulations of the master program are prohibited.
21.50.080 Enforcement
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Enforcement procedures for violations of this chapter shall be in conformance with SVMC 17.60. See
Section 17.60 Compliance and Enforcement below.
17.60 Compliance and Enforcement
17.60.010 Purpose and Scope
This chapter sets forth the enforcement procedures for violations of the following:
1. Nuisances (SVMC 7.05)
2. Violations of any provisions of the Uniform Development Code (SVMC Titles 17-25)
17.60.030 Relationship to Growth Management Act
This article is adopted as development regulations pursuant to Chapter 36.70A RCW (Growth
Management Act).
17.60.040 Enforcement, Authority, and Administration
1. In order to discourage public nuisances and otherwise promote compliance with
applicable code provisions, the City may, in response to field observations or reliable
complaints, determine that violations of this title have occurred or are occurring, and may:
a. Enter into voluntary compliance agreements with persons responsible for code
violations;
b. Issue notice and orders, assess civil penalties, and recover costs as authorized by
this article;
c. Require abatement by means of a judicial abatement order, and if such abatement
is not timely completed by the person or persons responsible for a code violation,
undertake the abatement and charge the reasonable costs of such work as
authorized by this article;
d. Allow a person responsible for the code violation to perform community service in
lieu of paying civil penalties as authorized by this article;
e. Order work stopped at a site by means of a stop work order, and if such order is not
complied with, assesses civil penalties as authorized by this article;
f. Suspend, revoke, or modify any permit previously issued by the City or deny a
permit application as authorized by this article when other efforts to achieve
compliance have failed; and
g. Forward a written statement providing all relevant information relating to the
violation to the office of the City Attorney with a recommendation to prosecute
willful and knowing violations as misdemeanor offenses.
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2. The procedures set forth in this article are not exclusive. These procedures shall not in
any manner limit or restrict the City from remedying or abating violations of this title in any
other manner authorized by law.
3. In addition to, or as an alternative to, utilizing the procedures set forth in this article, the
City may seek legal or equitable relief to abate any conditions or enjoin any acts or
practices which constitute a code violation.
4. In addition to, or as an alternative to, utilizing the procedures set forth in this article, the
City may assess or recover civil penalties accruing under this article by legal action filed
in Spokane County district court by the office of the City Attorney.
5. The provisions of this article shall in no way adversely affect the rights of the owner,
lessee, or occupant of any property to recover all costs and expenses incurred and
required by this article from any person causing such violation.
6. In administering the provisions for code compliance, the City shall have the authority to
waive any one or more such provisions so as to avoid substantial injustice by application
thereof to the acts or omissions of a public or private entity or individual, or acts or
omissions on public or private property including, for example, property belonging to
public or private utilities, where no apparent benefit has accrued to such entity or
individual from a code violation. Any determination of substantial injustice shall be made
in writing supported by appropriate facts. For purposes of this subsection, substantial
injustice cannot be based exclusively on financial hardship.
7. The City may, upon presentation of proper credentials, with the consent of the owner or
occupier of a building or premises, or pursuant to a lawfully issued court order, enter at
reasonable times any building or premises subject to the consent or court order to
perform the duties imposed by this article. It is the intent of the City Council that any entry
made to private property for the purpose of inspection for code violations be
accomplished in strict conformity with constitutional and statutory constraints on entry,
and the holdings of the relevant court cases regarding entry. The right of entry authorized
by this article shall not supersede those legal constraints.
8. The City may request that the police, appropriate fire district, Spokane Regional Health
District, or other appropriate City department or other non-city agency assist in
enforcement.
17.60.050 Guidelines for Departmental Responses to Complaints
City representatives are authorized to determine based upon past complaints regarding a property,
subsequent field investigations, and other relevant criteria, whether a complaint is reliable. If the
City determines a complaint is not reliable, the City is not obligated to conduct a field investigation.
17.60.060 Procedures when Probable Violation is Identified
1. The City shall determine, based upon information derived from sources such as field
observations, the statements of witnesses, relevant documents, and data systems for
tracking violations and applicable City codes and regulations, whether or not a violation
has occurred. As soon as the City has reasonable cause to determine that a violation has
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occurred, the violation shall be documented and the person responsible for the code
violations promptly notified.
2. Except as provided in subsection 4 of this section, a warning shall be issued verbally or in
writing promptly when a field inspection reveals a violation, or as soon as the City
otherwise determines a violation has occurred. The warning shall inform the person
determined to be responsible for a code violation of the violation and allow the person an
opportunity to correct it or enter into a voluntary compliance agreement as provided for by
this article. Verbal warnings shall be logged and followed up with a written warning within
five days, and the site shall be re-inspected within 14 days.
3. No warning need be issued in emergencies, repeat violation cases, cases that are already
subject to a voluntary compliance agreement, cases where the violation creates or has
created a situation or condition that is not likely to be corrected within 72 hours, cases
where a stop work order is necessary, or when the person responsible for the code
violation knows, or reasonably should have known, that the action was a code violation.
4. Notice and orders should be issued in all cases in which a voluntary compliance
agreement has not been entered.
5. The City shall use all reasonable means to determine and proceed against the person(s)
actually responsible for the code violation occurring when the property owner has not
directly or indirectly caused the violation.
6. If the violation is not corrected, or a voluntary compliance agreement is not entered into
within 15 days of notification by the City, a notice and order or stop work order should be
issued. Stop work orders should be issued promptly upon discovery of a violation in
progress.
17.60.070 Service— Notice and Order and Stop Work Order
1. Service of a notice and order shall be made on a person responsible for code violation by
one or more of the following methods:
a. Personal service of a notice and order may be made on the person identified by
the City as being responsible for the code violation, or by leaving a copy of the
notice and order at the person's house of usual abode with a person of suitable
age and discretion who resides there;
b. Service directed to the landowner and/or occupant of the property may be made by
posting the notice and order in a conspicuous place on the property where the
violation occurred and concurrently mailing notice as provided for below, if a
mailing address is available; or
c. Service by mail may be made for a notice and order by mailing two copies, postage
prepaid, one by ordinary first class mail and the other by certified mail, to the
person responsible for the code violation at his or her last known address, at the
address of the violation, or at the address of the place of business of the person
responsible for the code violation. The taxpayer's address as shown on the tax
records of Spokane County shall be deemed to be the proper address for the
purpose of mailing such notice to the landowner of the property where the
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violation occurred. Service by mail shall be presumed effective upon the third
business day following the day upon which the notice and order was placed in the
mail.
2. For notice and orders only, when the address of the person responsible for the code
violation cannot be reasonably determined, service may be made by publication once in
an appropriate regional or neighborhood newspaper or trade journal. Service by
publication shall conform to the requirements of Civil Rule 4 of the Rules for Superior
Court.
3. Service of a stop work order on a person responsible for a code violation may be made by
posting the stop work order in a conspicuous place on the property where the violation
occurred or by serving the stop work order in any other manner permitted by this article.
4. The failure of the City to make or attempt service on any person named in the notice of
violation, notice and order, or stop work order shall not invalidate any proceedings as to
any other person duly served.
17.60.80 Training and Rulemaking
The City shall adopt procedures to implement the provisions of this article, and specifically the
guidelines set out in this article describing reasonable and appropriate protocols for investigating
code violations.
17.60.090 Obligations of Persons Responsible for Code Violation
1. It shall be the responsibility of any person identified as responsible for a code violation to
bring the property into a safe and reasonable condition to achieve code compliance.
Payment of civil penalties, applications for permits, acknowledgement of stop work
orders, and compliance with other remedies does not substitute for performing the
corrective work required and having the property brought into compliance to the extent
reasonably possible under the circumstances.
2. Persons determined to be responsible for a code violation pursuant to a notice and order
shall be liable for the payment of any civil penalties and abatement costs; provided,
however, that if a property owner affirmatively demonstrates that the action which resulted
in the violation was taken without the owner's knowledge or consent by someone other
than the owner or someone acting on the owner's behalf, that owner shall be responsible
only for bringing the property into compliance to the extent reasonably feasible under the
circumstances. Should the owner not correct the violation, only those abatement costs
necessary to bring the property into a safe and reasonable condition, as determined by
the City, shall be assessed by the City. No civil penalties shall be assessed against such
an owner or his or her property interest.
17.60.100 Determination of Compliance
After issuance of a warning, voluntary compliance agreement, notice and order, or stop work order,
and after the person(s) responsible for a violation has come into compliance, the City shall issue a
written determination of compliance. The City shall mail copies of the determination of compliance
to each person originally named in the warning, voluntary compliance agreement, notice and order,
or stop work order, as well as the complainant, by certified mail, five-day return receipt requested.
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17.60.110 Voluntary Compliance Agreement—Authority
1. Whenever the City determines that a code violation has occurred or is occurring, the City
shall make reasonable efforts to secure voluntary compliance from the person
responsible for the code violation. Upon contacting the person responsible for the code
violation, the City may enter into a voluntary compliance agreement as provided for in this
article.
2. A voluntary compliance agreement may be entered into at any time after issuance of a
verbal or written warning, a notice and order, or a stop work order and before an appeal is
decided.
3. Upon entering into a voluntary compliance agreement, a person responsible for a code
violation waives the right to administratively appeal, and thereby admits that the
conditions described in the voluntary compliance agreement existed and constituted a
code violation.
4. The voluntary compliance agreement shall incorporate the shortest reasonable time
period for compliance, as determined by the City. An extension of the time limit for
compliance or a modification of the required corrective action may be granted by the City
if the person responsible for the code violation has shown due diligence or substantial
progress in correcting the violation, but circumstances render full and timely compliance
under the original conditions unattainable. Any such extension or modification must be in
writing and signed by the authorized representative of the City and person(s) who signed
the original voluntary compliance agreement.
5. The voluntary compliance agreement is not a settlement agreement.
17.60.120 Voluntary Compliance Agreement— Contents
The voluntary compliance agreement is a written, signed commitment by the person(s) responsible
for a code violation in which such person(s) agrees to abate the violation, remediate the site,
and/or mitigate the impacts of the violation. The voluntary compliance agreement shall include the
following:
1. The name and address of the person responsible for the code violation;
2. The address or other identification of the location of the violation;
3. A description of the violation and a reference to the provision(s) of the ordinance,
resolution or regulation which has been violated;
4. A description of the necessary corrective action to be taken and identification of the date
or time by which compliance must be completed;
5. The amount of the civil penalty that will be imposed if the voluntary compliance agreement
is not satisfied;
6. An acknowledgement that if the City determines that the terms of the voluntary
compliance agreement are not met, the City may, without issuing a notice and order or
stop work order, impose any remedy authorized by this article, enter the real property and
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perform abatement of the violation by the City, assess the costs incurred by the City to
pursue code compliance and to abate the violation, including reasonable legal fees and
costs, and the suspension, revocation or limitation of a development permit obtained or to
be sought by the person responsible for the code violation;
7. An acknowledgement that if a penalty is assessed, and if any assessed penalty, fee or
cost is not paid, the City may charge the unpaid amount as a lien against the property
where the code violation occurred if owned by the person responsible for the code
violation, and that the unpaid amount may be a joint and several personal obligation of all
persons responsible for the violation;
8. An acknowledgement that by entering into the voluntary compliance agreement, the
person responsible for the code violation thereby admitsthat the conditions described in
the voluntary compliance agreement existed and constituted a code violation; and
9. An acknowledgement that the person responsible for the code violation understands that
he or she has the right to be served with a notice and order, or stop work order for any
violation identified in the voluntary compliance agreement, has the right to administratively
appeal any such notice and order or stop work order, and that he or she is knowingly and
intelligently waiving those rights.
17.60.130 Failure to Meet Terms of Voluntary Compliance Agreement
1. If the terms of the voluntary compliance agreement are not completely met, and an
extension of time has not been granted, the authorized representatives of the City may
enter the real property and abate the violation without seeking a judicial abatement order.
The person responsible for code compliance may, without being issued a notice and
order or stop work order, be assessed a civil penalty as set forth by this article, plus all
costs incurred by the City to pursue code compliance and to abate the violation, and may
be subject to other remedies authorized by this article. Penalties imposed when a
voluntary compliance agreement is not met accrue from the date that an appeal of any
preceding notice and order or stop work order was to have been filed or from the date the
voluntary compliance agreement was entered into if there was not a preceding notice and
order or stop work order.
2. The City may issue a notice and order or stop work order for failure to meet the terms of a
voluntary compliance agreement.
17.60.140 Notice and Order—Authority
When the City has reason to believe, based on investigation of documents and/or physical
evidence, that a code violation exists or has occurred, or that the terms of a voluntary compliance
agreement have not been met, the City is authorized to issue a notice and order to any person
responsible for a code violation. The City shall make a determination whether or not to issue a
notice and order within 30 days of receiving a complaint alleging a violation or otherwise
discovering that a violation may potentially exist, or within 10 days of the end of a voluntary
compliance agreement time period which has not been met. Subsequent complaints shall be
treated as new complaints for the purposes of this article.
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17.60.150 Notice and Order— Effect
1. A notice and order represents a determination that a violation has occurred, that the party
to whom the notice is issued is a person responsible for a code violation, and that the
violations set out in the notice and order require the assessment of penalties and other
remedies that may be specified in the notice and order.
2. The City is authorized to impose civil penalties upon a determination by the City that a
violation has occurred pursuant to a notice and order.
3. Issuance of a notice and order in no way limits the City's authority to issue a stop work
order to a person previously cited through the notice and order process pursuant to this
article.
17.60.160 Notice and Order—Contents
The notice and order shall contain the following information:
1. The address, when available, or location of the violation;
2. A legal description of the real property or the Spokane County tax parcel number where
the violation occurred or is located, or a description identifying the property by commonly
used locators;
3. A statement that the City has found the named person(s) to have committed a violation
and a brief description of the violation(s)found;
4. A statement of the specific provisions of the ordinance, resolution, regulation, public rule,
permit condition, notice and order provision, or stop work order that was or is being
violated;
5. A statement that a civil penalty is being assessed, including the dollar amount of the civil
penalties per separate violation, and that any assessed penalties must be paid within 20
days of service of the notice and order;
6. A statement advising that any costs of enforcement incurred by the City shall also be
assessed against the person to whom the notice and order is directed;
7. A statement that payment of the civil penalties assessed under this article does not relieve
a person found to be responsible for a code violation of his or her duty to correct the
violation and/or to pay any and all civil penalties or other cost assessments issued
pursuant to this article;
8. A statement of the corrective or abatement action required to be taken and that all
required permits to perform the corrective action must be obtained from the proper issuing
agency;
9. A statement advising that, if any required work is not commenced or completed within the
time specified by the notice and order, the City may proceed to seek a judicial abatement
order from Spokane County superior court to abate the violation;
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10. A statement advising that, if any assessed penalty, fee or cost is not paid on or before the
due date, the City may charge the unpaid amount as a lien against the property where the
code violation occurred if owned by a person responsible for a violation, and as a joint
and several personal obligation of all persons responsible for a code violation;
11. A statement advising that any person named in the notice and order, or having any record
or equitable title in the property against which the notice and order is recorded may
appeal from the notice and order to the Hearing Examiner within 20 days of the date of
service of the notice and order;
12. A statement advising that a failure to correct the violations cited in the notice and order
could lead to the denial of subsequent Spokane Valley permit applications on the subject
property;
13. A statement advising that a failure to appeal the notice and order within the applicable
time limits renders the notice and order a final determination that the conditions described
in the notice and order existed and constituted a violation, and that the named party is
liable as a person responsible for a violation;
14. A statement advising the person responsible for a code violation of his/her duty to notify
the City of any actions taken to achieve compliance with the notice and order; and
15. A statement advising that a willful and knowing violation may be referred to the Office of
the City Attorney for prosecution.
17.60.170 Notice and Order— Supplementation, Revocation, Modification
1. The City may add to, revoke in whole or in part or otherwise modify a notice and order by
issuing a written supplemental notice and order. The supplemental notice and order shall
be governed by the same procedures and time limits applicable to all notice and orders
contained in this article.
2. The City may issue a supplemental notice and order, or revoke a notice and order issued
under this article:
a. If the original notice and order was issued in error;
b. Whenever there is new information or change of circumstances; or
c. If a party to an order was incorrectly named.
17.60.180 Notice and Order—Administrative Conference
An informal administrative conference may be conducted by the City at any time for the purpose of
facilitating communication among concerned persons and providing a forum for efficient resolution
of any violation. Interested parties shall not unreasonably be excluded from such conferences.
17.60.190 Notice and Order— Remedies—Suspension, Revocation, or Limitation of Permit
1. The City may suspend, revoke, or modify any permit issued by the City whenever:
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a. The permit holder has committed a violation in the course of performing activities
subject to that permit;
b. The permit holder has interfered with the authorized representatives of the City in
the performance of his or her duties related to that permit;
2. The permit was issued in error or on the basis of materially incorrect information supplied
to the City;
3. Permit fees or costs were paid to the City by check and returned from a financial institution
marked non-sufficient funds (NSF) or canceled; or
4. For a permit or approval that is subject to sensitive area review, the applicant has failed to
disclose a change of circumstances on the development proposal site which materially
affects an applicant's ability to meet the permit or approval conditions, or which makes
inaccurate the sensitive area study that was the basis for establishing permit or approval
conditions.
Such suspension, revocation, or modification shall be carried out through the notice and
order provisions of this article and shall be effective upon the compliance date established
by the notice and order. Such suspension, revocation, or modification may be appealed
to the Hearing Examiner using the appeal provisions of this article.
5. Notwithstanding any other provision of this article, the City may immediately suspend
operations under any permit by issuing a stop work order.
17.60.200 Notice and Order— Remedies— Denial of Permit
1. The City may deny a permit when, with regard to the site or project for which the permit is
submitted:
a. Any person owning the property or submitting the development proposal has been
found in violation of any ordinance, resolution, regulation, or public rule of the City
that regulates or protects the public health, safety and welfare, or the use and
development of land and water; and/or
b. Any person owning the property or submitting the development proposal has been
found in violation and remains in violation of the conditions of any permit, notice
and order, or stop work order issued pursuant to any such ordinance, resolution,
regulation, or public rule.
2. In order to further the remedial purposes of this article, such denial may continue until the
violation is cured by restoration, accepted as complete by the City, and by payment of any
civil penalty imposed for the violation, except that permits or approvals shall be granted to
the extent necessary to accomplish any required restoration or cure.
17.60.210 Notice and Order— Remedies—Abatement
In addition to, or as an alternative to, any other judicial or administrative remedy, the City may use
the notice and order provisions of this article to order any person responsible for a code violation to
abate the violation and to complete the work at such time and under such conditions as the City
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determines reasonable under the circumstances. If the required corrective work is not commenced
or completed within the time specified, the City may seek a judicial abatement order pursuant to
this article.
17.60.220 Stop Work Order—Authority
The City is authorized to issue a stop work order to a person responsible for a code violation.
Issuance of a notice and order is not a condition precedent to the issuance of the stop work order.
17.60.230 Stop Work Order— Effect
1. A stop work order represents a determination that a code violation has occurred or is
occurring, and that any work or activity that caused, is causing or contributing to the
violation on the property where the violation has occurred, or is occurring, must cease.
2. A stop work order requires the immediate cessation of the specified work or activity on the
named property. Work activity may not resume unless specifically authorized in writing by
the City.
3. A stop work order may be appealed according to the procedures prescribed in this article.
4. Failure to appeal the stop work order within 20 days renders the stop work order a final
determination that the civil code violation occurred and that work was properly ordered to
cease.
5. A stop work order may be enforced by the City police.
17.60.240 Stop Work Order— Remedy—Civil Penalties
1. In addition to any other judicial or administrative remedy, the City may assess civil
penalties for the violation of any stop work order according to the civil penalty schedule
established in SVMC 17.60.260.
2. Civil penalties for the violation of any stop work order shall begin to accrue on the first day
the stop work order is violated and shall cease accruing on the day the work is actually
stopped.
3. Violation of a stop work order shall be a separate violation from any other code violation.
17.60.250 Stop Work Order— Remedy— Criminal Penalties
In addition to any other judicial or administrative remedy, the City may forward to the office of City
Attorney a detailed factual background of the alleged violation with a recommendation that a
misdemeanor charge be filed against the person(s) responsible for any willful violation of a stop
work order.
17.60.260 Civil Penalties—Assessment Schedule
1. Civil penalties for code violations shall be imposed for remedial purposes and shall be
assessed for each violation identified in a notice of violation, notice and order, or stop
work order, pursuant to the following schedule:
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a. Notice and orders and stop work orders:
b. Basic initial penalty: $500.00
2. Additional initial penalties may be added where there is:
a. Public health risk—amount depends on severity: $0—2,500
b. Environmental damage— amount depends on severity: $0—2,500
c. Damage to property—amount depends on severity: $0—2,500
d. History of similar violations (less than three): $500
e. History of similar violations (three or more): $2,500
f. Economic benefit to person responsible for violation: $5,000
3. The above penalties may be offset by the following compliance:
a. Full compliance with a voluntary compliance agreement with prior history of zero to
one similar violations: $0— 1,500.00
b. Full compliance with a voluntary compliance agreement and a history of two or
more prior similar violations: $0—500.00
4. The total initial penalties assessed for notice and orders and stop work orders pursuant to
this article shall apply for the first 30-day period following issuance of the order, unless
another time period is specified in a voluntary compliance agreement.
5. Civil penalties shall be paid within 20 days of service of the notice and order or stop work
order if not appealed. Payment of the civil penalties assessed under this article does not
relieve a person found to be responsible for a code violation of his or her duty to correct
the violation and/or to pay any and all civil penalties or other cost assessments issued
pursuant to this article.
6. The City may suspend civil penalties if the person responsible for a code violation has
entered into a voluntary compliance agreement. Penalties shall begin to accrue again
pursuant to the terms of the voluntary compliance agreement if any necessary permits
applied for are denied, canceled or not pursued, if corrective action identified in the
voluntary compliance agreement is not completed as specified, or if the property is
allowed to return to a condition similar to that condition which gave rise to the voluntary
compliance agreement.
7. Civil penalties assessed create a joint and several personal obligations in all persons
responsible for a code violation.
8. In addition to, or in lieu of, any other state or local provision for the recovery of civil
penalties, the City may file for record with the Spokane County auditor to claim a lien
against the real property for the civil penalties assessed under this article if the violation
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was reasonably related to the real property. Any such lien can be filed under this article if,
after the expiration of 30 days from when a person responsible for a code violation
receives the notice and order or stop work order (excluding any appeal) and any civil
penalties remain unpaid in whole or in part.
17.60.270 Civil Penalties— Duty to Comply
Persons responsible for a code violation have a duty to notify the City in writing of any actions
taken to achieve compliance with the notice and order. For purposes of assessing civil penalties, a
violation shall be considered ongoing until the person responsible for a code violation has come
into compliance with the notice and order, voluntary compliance agreement, or stop work order,
and has provided sufficient evidence of such compliance.
17.60.280 Civil Penalties— Community Service
The City is authorized to allow a person responsible for a code violation that accumulates civil
penalties as a result of a notice and order, or for failure to comply with the terms of a voluntary
compliance agreement, to voluntarily participate in an approved community service project(s) in
lieu of paying all or a portion of the assessed civil penalties. Community service may include, but is
not limited to, abatement, restoration, or education programs designed to clean up the City. The
amount of community service will reasonably relate to the comparable value of penalties assessed
against the violator. The rate at which civil penalties are worked off under this subsection is $10.00
per hour. The City shall take into consideration the severity of the violation, any history of previous
violations, and practical and legal impediments in considering whether to allow community service
in lieu of paying penalties.
17.60.290 Civil Penalties Waivers
1. Civil penalties may be waived or reimbursed to the payer by the City under the following
circumstances:
a. The notice and order or stop work order was issued in error;
b. The civil penalties were assessed in error;
c. Notice failed to reach the property owner due to unusual circumstances; or
d. New, material information warranting waiver has been presented to the City since
the notice and order or stop work order was issued.
2. The City shall state in writing the basis for a decision to waive penalties, and such
statement shall become part of the public record unless privileged.
17.60.300 Civil Penalties —Critical Areas
1. The compliance provisions for critical areas are intended to protect critical areas and the
general public from harm, to meet the requirements of Chapter 36.70A RCW (the Growth
Management Act), and to further the remedial purposes of this article. To achieve this,
persons responsible for a code violation will not only be required to restore damaged
critical areas, insofar as that is possible and beneficial, but will also be required to pay a
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civil penalty for the redress of ecological, recreational, and economic values lost or
damaged due to their unlawful action.
2. The provisions of this section are in addition to, and not in lieu of, any other penalty,
sanction, or right of action provided by law for other related violations.
3. Where feasible, the owner of the land on which the violation occurred shall be named as a
party to the notice and order. In addition to any other persons who may be liable for a
violation, and subject to the exceptions provided in this article, the owner shall be jointly
and severally liable for the restoration of a site and payment of any civil penalties
imposed.
4. Violation of critical area provisions of this code means:
a. The violation of any provision of SVMC 21.40 Critical Areas, or of the administrative
rules promulgated there under;
b. The failure to obtain a permit required for work in a critical area; or
c. The failure to comply with the conditions of any permit, approval, terms and
conditions of any sensitive area tract or setback area, easement, covenant, plat
restriction or binding assurance, or any notice and order, stop work order,
mitigation plan, contract or agreement issued or concluded pursuant to the above-
mentioned provisions.
5. Any person in violation of SVMC 21.40 Critical Areas may be subject to civil penalties,
costs, and fees as follows:
a. According to the civil penalty schedule under SVMC 17.60.260; provided, that the
exact amount of the penalty per violation shall be determined by the City based on
the physical extent and severity of the violation; or
b. The greater of:
i. An amount determined to be equivalent to the economic benefit that the
person responsible for a code violation derives from the violation, measured
as the total of:
a) The resulting increase in market value of the property;
b) The value received by the person responsible for a violation;
c) The savings of construction costs realized by the person
responsible for a code violation as a result of performing any act in
violation of SVMC 21.40 Critical Areas; or
ii. Code compliance costs incurred by the City to enforce SVMC 21.40 Critical
Areas.
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17.60.310 Cost Recovery
1. In addition to the other remedies available under this article, upon issuance of a notice
and order or stop work order the City shall charge the costs of pursuing code compliance
and abatement incurred to correct a code violation to the person responsible for a code
violation. These charges include:
a. Reasonable Legal Fees and Costs. For purposes of this section, "reasonable legal
fees and costs" shall include, but are not limited to, legal personnel costs, both
direct and related, incurred to enforce the provisions of this article as may be
allowed by law; and
b. Administrative Personnel Costs. For purposes of this section, "administrative
personnel costs" shall include, but are not limited to, administrative employee
costs, both direct and related, incurred to enforce the provisions of this article; and
c. Abatement Costs. The City shall keep an itemized account of costs incurred by the
City in the abatement of a violation under this article. Upon completion of any
abatement work, the City shall prepare a report specifying a legal description of
the real property where the abatement work occurred, the work done for each
property, the itemized costs of the work, and interest accrued; and
d. Actual expenses and costs of the City in preparing notices, specifications and
contracts; in accomplishing or contracting and inspecting the work; and the costs of
any required printing, mailing, or court filing fees.
2. Such costs are due and payable 30 days from mailing of the invoice.
3. All costs assessed by the City in pursuing code compliance and/or abatement create a
joint and several personal obligations in all persons responsible for a violation. The office
of the City Attorney, on behalf of the City, may collect the costs of code compliance efforts
by any appropriate legal means.
4. In addition to, or in lieu of, any other state or local provision for the recovery of costs, the
City may, after abating a violation pursuant to this article, file for record with the Spokane
County auditor to claim a lien against the real property for the assessed costs identified in
this article if the violation was reasonably related to the real property, in accordance with
any lien provisions authorized by state law.
5. Any lien filed shall be subordinate to all previously existing special assessment liens
imposed on the same property and shall be superior to all other liens, except for state and
county taxes, with which it shall share priority. The City may cause a claim for lien to be
filed for record within 90 days from the later of the date that the monetary penalty is due
or the date the work is completed or the nuisance abated. The claim of lien shall contain
sufficient information regarding the notice and order, a description of the property to be
charged with the lien, the owner of record, and the total of the lien. Any such claim of lien
may be amended from time to time to reflect changed conditions. Any such lien shall bind
the affected property for the period as provided for by state law.
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17.60.320 Collection of Civil Penalties, Fees, and Costs
The City may use the services of a collection agency in order to collect any civil penalties, fees,
costs, and/or interest owing under this article.
17.60.330 Abatement
1. Emergency Abatement. Whenever a condition constitutes an immediate threat to the
public health, safety or welfare or to the environment, the City may summarily and without
prior notice abate the condition. Notice of such abatement, including the reason for it,
shall be given to the person responsible for the violation as soon as reasonably possible
after the abatement.
2. Judicial Abatement. The City may seek a judicial abatement order from Spokane County
superior court, to abate a condition which continues to be a violation of this code where
other methods of remedial action have failed to produce compliance.
3. The City shall seek to recover the costs of abatement as authorized by this chapter.
17.60.340 Code Compliance Abatement Fund —Authorized
All monies collected from the assessment of civil penalties and for abatement costs and work shall
be allocated to support expenditures for abatement, and shall be accounted for through either
creation of an account in the fund for such abatement costs, or other appropriate accounting
mechanism.
17.60.350 Judicial Enforcement— Petition for Enforcement
1. In addition to any other judicial or administrative remedy, the office of the City Attorney, on
behalf of the City, may seek enforcement of the City's order by filing a petition for
enforcement in Spokane County superior court.
2. The petition must name as respondent each person against whom the City seeks to obtain
civil enforcement.
3. A petition for civil enforcement may request monetary relief, declaratory relief, temporary
or permanent injunctive relief, and any other civil remedy provided by law, or any
combination of the foregoing.
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S
CITY pok .4._. "4\
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CHR5T1N:O.GREGOME
Governor ""' po 6/101 yig
STATE OF WASUiNGTONv
OFFICE OF THE GOVERNOR
P.O. Box 40002 Olympia, Washington 98504-0(102 a (•3601 753-6783 9 wwwgavernor.wa.gov
EXECUTIVE ORDER 05-05
ARCHEOLOGICAL AND CULTURAL RESOURCES
WHEREAS Washington has a rich and diverse cultural heritage,as represented
by the numerous archaeological and historic sites that have been identified and located
throughout our state; and
WHEREAS preservation and protection of these sites provides educational and
cultural values for all citizens and leads to better understanding between cultures of our
shared history; and
WHEREAS many citizens of Washington contribute their time and efforts to
preserve and protect Washington's unique archaeological and historic sites,and
traditional cultural places; and
WHEREAS these sites and places hold special cultural,historical,and spiritual
significance for both tribal members and citizens of Washington;and
WHEREAS the Department of Archaeology and Historic Preservation(DAHP)
and the Governor's Office of Indian Affairs(GOIA)have key statewide responsibility
to enhance the public's awareness of the need and value of protecting Washington's
heritage and establish effective consultation with Native American tribal governments.
NOW,THEREFORE,I,Christine O. Gregoire, Governor of the state of
Washington,hereby order all state agencies to:
1. Review capital construction projects and land acquisitions for the
purpose of a capital construction project, not undergoing Section 106 review under the
National Historic Preservation Act of 1966 (Section 106),with the DAHP and affected
Tribes to determine potential impacts to cultural resources. This review shall be
required on all capital construction projects unless they are categorically exempted by
DAHP. Cultural resources are defined as archeological and historical sites and artifacts,
and traditional areas or items of religious, ceremonial and social uses to affected tribes.
This review should be done as early in the project planning process as possible. Should
DAHP identify a known culturally significant site in the area of a project,or should
DAHP inform the agency of the potential that such a significant site is likely to be
found in a project locale, the agency shall:
tiA
A. Work with DAHP and affected Tribes on appropriate
archaeological survey and mitigation strategies consistent with state and federal
laws.
B. Consult with affected Tribes in a way that includes a face-to-face
meeting or other agreed upon method to discuss the project before a state agency
completes the project design. The agency will work with GOIA and DAHP to
identify affected Tribes and, if needed, seek their help to arrange a meeting to
discuss the project in question. If an agency is unable to arrange such a meeting,
it will promptly notify GOIA and DAI-JP of the situation.
C. Take reasonable action to avoid,minimize or mitigate adverse
effects to the archeological or cultural resource.
D. Notify DAHP and GOIA,in advance, of any meeting with
affected Tribes during which matters concerning cultural resources relatedto a
capital construction project will be discussed,and extend invitations to both
agencies to attend any such meetings. If representatives from DAHP or GOIA
cannot attend, the agencies will provide DAHP and GOIA with detailed meeting
notes.
2. Submit all agreements between state agencies and affected Tribes
concerning cultural resources that are developed outside the Section 106 process for
review and comment to DAHP. DAHP's review and comment on any such agreement
must occur before the agency can sign such agreement. Consult with DAHP and
affected Tribes during project design and prior to construction on projects not
undergoing Section 106 review,as a condition to receiving state grants or loans for the
purposes of a capital construction project. Should either DAHP or the affected Tribes
identify cultural resources affected by the proposed project, the state agency or agencies
will ensure that the grant recipient finds reasonable ways to avoid,minimize or mitigate
impacts to the resource before state funding is disbursed. State agencies shall take steps
to insure that this type of review is incorporated into their grant and loan.management
process.
3. The Office of Financial Management is directed to include in its capital
budget instruction a requirement that agencies consult with DAHP and GOIA,as
appropriate, as part of the budgeting process for pre-design, design and construction.
4. To the extent that they have not already received training, all appropriate
state agency employees managing capital construction projects or pass through capital
grants will attend Government-to-Government training and Cultural Resource training
provided by GOIA and DAHP.
5. By January 15,2007,DAHP shall report back to the Governor's Office
and the Office of Financial Management on the implementation of this executive order
including any recommendations on ways of improving implementation.
2
I invite institutions of higher education,public schools, statewide elected
officials, boards, commissions, and others to implement the practices herein described
within their agencies.
This executive order takes effect immediately.
,'.�:,1 ,,:, IN WITNESS WHERE OF, I have
�L�\��A������ai;:cl?'
; � ;` .• hereuntosetmyhand and caused the seal
a e� _ ) .,` of the state of Washington to be affixed at
fil
(r }:°4M1 �, i� :� ; Olympia this 1Q 'day of November,Two
n r '' (�4 Thousand and Five.
((;'t;(': 'X• -1(14.'... 4 t ft 1' #; `
1. ',",i`,�i �•1`' /� / / /
,Y,"----1 ,
j\4'''� �� y CHRISTINE O. GREGOI'
' ''r\` z;tv4., r.NrtMatt+��Ad"\•••�J Governor of Washington
;;(-%
BY THE GOVERNOR:
Secre ry of tate
•
3
From: Staci Lehman
Sent: Tuesday,January 16, 2007 8:58 AM
To: 'sfranks@spokanecity.org'
Subject: MTP committee
The Metropolitan Transportation Plan (MTP) is scheduled to be updated in 2007 with projects to
be completed up until the year 2020. At SRTC, we have already started meeting with the
jurisdictions involved. Each jurisdiction is in the process of submitting to the Plan projects they
feel should be constructed.
We would like to form an MTP oversight committee of local planning people to review those
projects. I was hoping that someone from both your staff and the City's 'Planning Commission'
would be available to take part. The bulk of the committee's work would most likely be in late
March and April, but they would be involved to some extent until the MTP is approved by the
SRTC Board in July of 2007.
For more information on the process of updating the MTP, please log on to
http://www.srtc.orq/MTP%20Update.html. In the meantime, if you would like to recommend
someone from your staff and the Commission, or ask if anyone would be interested, I would
appreciate it. Thank you in advance for any help that you can provide and please let me know
your thoughts on this.
SL'— / �
Public Information/Education Coordinator
Spokane Regional Transportation Council
(509) 343-6387
TITLE 21 - APPENDIX B
CITY OF SPOKANE VALLEY DRAFT CRITICAL MATERIALS LIST
Critical
DOE EPA Concentra- Critical Refer.
I.D.No. Substance Name Designation Hazard Class tion Quantity ence
ug/L kg
U001 Acetaldehyde EHW B,H 11 3.1 1.0 V
U003 Acetonitrile EHW C,I 9 3.1 1.0 V
U006 Acetyl chloride EHW C,H.O 11 3.1 1.0 V
P003 Acrolein EHW X 11 0.32 0.1 Ila
U007 Acrylamide EHW C 9 0 0.00 VIla
U008 Acrylic acid EHW C,O,I 11 3.1 1.0 V
U009 Acrylonitrile EHW C,+,I 9 0.58 0.19 IIa
P070 Aldicarb EHW B 2 9 2.9 VIIa
P004 Aldrin EHW X.H 2 0.00074 0.000 Ha
P005 Ally!alcohol EHW B,I 11 3.1 10 V
U012 Aniline EHW C.I 4,9 3.1 1.0 V
P010 Arsenic acid EHW B 1 72 23 la
P012 Arsenic(III)oxide EHW B,+ 1 66 21 Ia
P011 Arsenic(V)oxide EHW B 1 77 25 la
P011 Arsenic pentoxide EHW B 1 77 25 la
P012 Arsenic trioxide EHW B,+ 1 66 21 Ia
U018 1,2-Benzanthracene EHW P,+ 5 0.028 0.01 Ha
U094 1-2-Benzanthracene.7,12-dimethyl. EHW C,P 5 0.028 0.01 Ila
U019 Benzene EHW C,+,l 4 5 1.6 IX
U037 Benzene,chloro- . EHW B.H.1 4 60 19 VIIa
U070 Benzene, 1,2-dichloro- EHW B,H 4 620 200 VIIa
U071 Benzene, 1,3-dichloro- EHW B,H 4 20 6.5 IV
U072 Benzene, 1,4-dichloro- EHW B,H 4 750 242 IX
U127 Benzene,hexachloro- EHW H 4 0.002 0.001 VIIa
U056 Benzene,hexahydro- EHW C,I 4 3.1 1.0 V
U188 Benzene,hydroxy- EHW C 4 3.1 1.0 V
U220 Benzene,methyl- EHW C,I 4 2000 646 VIla
U169 Benzene,nitro- EHW C.I 4 19800 6394 IV
11183 Benzene,pentachloro- EHW H 4 3.1 1.0 V
11021 - Benzidine EHW B,+ 4,9 0.00116 0.000 Ila
11022 Benzo(a)pyrene EHW P,+ 5 0.028 0.01 IIa
U022 3,4-Benzopyrene EHW P,+ 5 0.028 0.01 IIa
U050 1,2-Benzphenanthrene EHW P,+ 5 0.028 0.01 IIa
U021 (1,1'-Biphenyl)-4,4'-diamine- EHW H,+ 4,9 0.00116 0.000 - Ila
U073 (1,1'-Biphenyl)-4,4'-diamine,3,3-dichloro- EHW B,+ 5,9 0.028 0.01 IIa
U256 Bromine cyanide EHW C,H 1 815 263 Ha
P017 Bromoacetone EHW C,H 3.11 3.1 1.0 V
U225 Bromoform EHW H 3 3.1 1.0 V
U128 1,3-Butadiene, 1,1',23.4,4'-hexachloro- EHW C,H 3 4.47 1.4 IIa
U053 2-Butenal EHW B,I 11 3.1 1.0 V
U074 2-Butene,1,4-dichloro- EHW C.H,I 3 3.1 1.0 V
U032 Calcium chromate EHW C,+,EP 1 196 63 Ia
P021 Calcium cyanide EHW B 1 508 164 IIa
P022 Carbon disulfide EHW D,1,' 1 3.1 1.0 V
Key to Tables on page 12 Page 1 of 12
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TITLE 21 - APPENDIX B
CITY OF SPOKANE VALLEY DRAFT CRITICAL MATERIALS LIST
Critical
DOE EPA Concentra- Critical Refer-
I.D.No. Substance Name Designation Hazard Class tion Quantity ence
ug/L kg
P022 Carbon bisulfde EHW D,1? 1 3.1 1.0 V
U211 Carbon tetrachloride EHW C,H.+ 3 5 1.6 IX
P095 Carbonyl chloride EHW B,H 1 3.1 1.0 V
U036 Chlordane,technical EHW X,H 2 0 0.00 VIIa
P033 Chlorine cyanide EHW A,H 1 488 158 lIa
U026 Chloronaphazine EHW H,+ 5 0.028 0.01 IIa
P024 p-Chloroaniline EHW C,H 4 3.1 1.0 V
U037 Chlorobenzene EHW B,H,I 4 60 19 VIIa
U039 4-Chloro-m-cresol EHW H 4 3.1 1.0 V
U044 Chloroform EHW C,H,+ 3 1.9 0.61 Ha
U047 beta-Chloronaphthalene EHW D,H 5 0.028 0.01 IIa
U048 o-Chlorophenol EHW D,H, 4 0.1 0.03 IIa
U032 Chromic acidcalcium salt EHW C,H+ 1 196 63 IIa
U050 Chrysene EHW P,+ 5 0.028 0.01 IIa
P029 Copper cyanides EHW B I 688 222 IIa
U051 Creosote EHW B 4 3.1 1.0 V
U052 Cresols EHW B 4 3.1 1.0 V
U240 2,4-D,salts and esters EHW B,H 2 70 23 Vila
U060 DDD EHW C,H,+ 2 3.1 1.0 V
11061 DDT EHW X.H,+ 2 0.00024 0.000 IIa
11063 Dibenz(a,h)anthracene EHW P.+ 5 0.028 0.01 IIa
U063 1,2:5,6-Dibenzanthracene EHW P,+ 5 0.028 0.01 Ila
U064 1,2:7,5-Dibenzopyrene • EHW F,+ 5 0.028 0.01 Ha
11064 Dibenz(a.1)pyrene EHW P,+ 5 0.028 0.01 Ha
U066 1,2-Dibromo-3-chloropropane EHW C,H,+ 3 0 0.00 Vila
U070 o-Chlorobenzene EHW B,H 4 620 200 VIIa
U071 m-Chlorobenzene EHW B,H 4 20 6.5 IV
U072 p-Chlorobenzene EHW B,H 4 750 242 IX
U073 3,3-Dichlorobenzidine EHW H,+ 8 0.1 0.03 IIa
•11074 1,4-Dichloro-2-butene EHW C,H,1 3 3.1 1.0 V
U075 Dichlorolluromethane EHW H 3 100 32 la
U060 Dichloro diphenyl dichloroethane EHW C,H,+ 2 3.1 1.0 V
U061 Dichloro diphenyl trichloroethane EHW X,H,+ 2 0.00024 0.000 lb
U078 1.1-Dichloroethylene EHW C,H,+ 3 7 2.3 IX
U079 1,2-Dichloroethylene EHW D,H 3 70 22.6 Vila
U081 2,4-Dichlorophenol EHW D,H 4 0.3 0.10 Ila
U082 2,6-Dichlorophenol EHW 0,11 4 3.1 1.0 V
U240 2.4-Dichlorophenoxyacetic acid, salts and
ester EHW B,H 2 70 23 Vila
U083 1,2-Dichloropropane EHW C.H,1 3 6 1.9 Vila
P037 Dieldrin EHW A 2 0.00071 0.000 IIa
P038 Diethylarsine EHW B 1,10 89 29 IIa
P039 0,0-Diethyl S-(2-(ethylthio) ethyl) phos-
phorothioate EHW A 2 3.1 1.0 V
U094 7,12-Dimethylbenz(a)a nthracene EHW C,P 5 0.028 0.01 IIa
Key to Tables on page 12 Page 2 of 12
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TITLE 21 - APPENDIX B
CITY OF SPOKANE VALLEY DRAFT CRITICAL MATERIALS LIST
Critical
•
DOE EPA Concentra- Critical Refer-
LD.No. Substance Name Designation Hazard Class tion Quantity ence
ug/L kg
U095 3.3'-Dimethylbenzidine EHW C,+ 8 3.1 LO V
U099 1,2-Dimethylhydrazine EHW C.+.1 9 3.1 1.0 V
U087 O,)-Diethyl-s-methyl-dithiophosphate EHW B 2 3.1 1.0 V
P044 Dimethoatc EHW A 2 3.1 1.0 V
U094 7.12-Dimethylbenzanthracene EHW, C,P 5 0.028 0.01 IIa
U095 3,3'-Dimethylbenzidine EHW C,+ 8 3.1 1.0 V
P071 0,0-Dimethyl O-p-nitrophenyl phos-
phorothioate EHW A 2 3.1 1.0 V
P047 4,6-Dinitro-o-cresol and salts EHW B 4,9 13.4 4.3 Ha
P034 4,6-Dinitro-o-cyclohexylphenol EHW C 4,9 3.1 1.0 V
P048 2,4-Dinitrophenol EHW B 4,9 70 23 IIa
U105 2,4-Dinitrotoluene EHW C 4,9 3.1 1.0 V
U106 2,6-Dinitrotoluene EHW C 4,9 3.1 1.0 V
P020 Dinoseb EHW B 2 3.1 1.0 V
U109 1,2-Diphenylhydrazine EHW C 4,9 0.422 0.14 Ila
P039 Disulftan EHW A 2 3.1 1.0 V
P049 2,4-Thiobiuret EHW A 9 423 137 IIa
P050• Endosulfan EHW X,H 2 75 24 Ha
P088 Endothall EHW B 2 3.1 1.0 V
P051 Endrin EHW X,H 2 0.2 0.06 is
U001 Ethanal EHW C 11 3.1 1.0 • V
U067 Ethane. 1,2-dibromo- EHW C,H,+ 3 1 0.32 Vlla
U076 Ethane, 1,1-dichloro- EHW D,H 3 3.1 1.0 V
U077 Ethane, 1,2-dichloro- EHW D.H 3 5 1.6 IX
U031 Ethane, 1,1,1,2,2,2-hexachioro EHW H 3 3.1 1.0 V
0208 Ethane, 1,1,1.2-tetrachloro- EHW H 3 3.1 1.0 V
U209 Ethane, 1,1.2,2-tetrachloro- EHW H 3 1.7 0.55 IV
U227 Ethane, 1,1,2-trichloro- EHW C,H.+ 3 6 1.9 IV
U043 Ethane,chloro EHW D,H,+ 3 1 0.32 IX
U078 Ethene, 1,1-dichloro- EHW C,H,+ 3 7 2.3 IX
U079 Ethene.trans 1,2-dichloro- EHW D,H 3 70 22.605 Vila
U210 Ethene, 1,1,2,2-tetrachloro- EHW C,H 3 5 L6 IX
P101 Ethyl cyanide EHW B 1 393 127 IIa
U067 Ethylene dibromide EHW C,H 3 0 0.00 Vlla
U077 Ethylene dichloride EHW D,H 3 5 1.6 IX
0 115 Ethylene oxide EHW C,I 13 3.1 • 1.0 V
U122 Formaldehyde EHW R,? 11 3.1 1.0 V
P065 Fulminic acid,mercury(III)salt EHW C,1 . 1 3.2 1.0 la
P059 Heptachlor EHW X.H,+ 2 0 0.000 Vlla
U127 Hexachlorobenzene EHW H 2,4 0.002 0.001 VIIa
U128 Hexachlorobutadiene EHW C,H 4 4.47 1.4 Ha
U129 Hexachlorocyclohexane.gamma isoner EHW H,+ 2 0.2 0.06 Vila
P051 1.2,3.4,10,10- Hexachloro-6, 7-
epoxy-1.4,4a.5.6.7,8.8a- octahydro-endo,
endo-1.4.5,8-dimethanonaphthalene EHW X,H 2 3.1 1.0 V
Key to Tables on page 12 Page 3 of 12
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TITLE 21 -APPENDIX B
CITY OF SPOKANE VALLEY DRAFT CRITICAL MATERIALS LIST
Critical
DOE EPA Concentra- Critical Refer-
LD.No. Substance Name Designation*Hazard Class tion Quantity ence
ug/L. kg
P037 1.2.3,4,10,10- Hexachloro- 6,7-
epoxy-I,4,4a,5,6,7,8, 8a-octahydro-endo,
exo-1,4.5.8-dimethanonaphthalene EHW X.H,+ 2 0.00071 0.000 Ha
U131 Hexachloroethane EHW H 3 19 6.1 Pa
U243 Hexachloropropane EHW H 3 3.1 1.0 V
U133 Hydrazine EHW B,+,R 9 3.1 1.0 V
U109 Hydrazine,1,2-diphenyl- . :EHW C 4,9 3.! 1.0 V
P063 Hydrocyanic acid EHW A 1 3.1 1.0 V
P068 Hydrogen cyanide EHW A 1 3.1 1.0 V
U142 Kepone EHW X,H 2 3.1 1.0 V
U129 Lindane EHW H,+ 2 0.2 0.06 VIIa
UI14 Lead acetate EHW D,EP I 64 21 IIa
U151 Mercury EHW EP 1 2 0.65 Ia
P065 Mercury fulminate EHW R,? l 3.2 1.0 Ia
U029 Methane,bromo- EHW H 3 1400 452 Ila
U045 Methane,chloro- EHW Hi 3 13800 4457 Ha
U068 Methane,dibromo- EHW C,H,+ 3 0.55 0.18 IV
U080 Methane,dichloro- EHW C,H 3 150 48 IV
U075 Methane,dichlorodifluro- EHW H 3 1600 517 IV
U121 Methane,trichlorofluro- EHW H 3 32300 10431 Ila
U044 Methane,trichloro- EHW C,H,+ 3 1.9 0.61 IIa
U211 Methane,tetrachloro- EHW C.H.+ 3 5 1.6 IX
P059 4,7-Methano-IH-Indene, 1,4,5,6,7,8,8'- hep-
tachloro-3a,4,7,7a-tetrahydro- EHW X.H,+ 5 0.0028 0.00 Ha
P068 Methyl hydrazine EHW A,I . 9 3.1 1.0 V
P064 Methyl isocyanate EHW I,? 9 3.1 1.0 V
P071 Methyl parathion EHW A 2 3.1 1.0 V
0029 Methyl bromide EHW H 3 1400 452 Ha
U045 Methyl chloride EHW H,I 3 13800 4457 Ha
U226 Methyl chloroform EHW C,H 3 200 65 IX
U157 3-Methylcholanthrene EHW H,P 5 0.028 0.01 IIa
U068 Methylene bromide EHW C,H,+ 3 3.1 1.0 V
U080 Methylene chloride EHW C,H 3 150 48 IV
U160 Methyl ethyl ketone peroxide EHW C,R 11 3.1 1.0 V
U165 Naphthalene EHW B 5 3.1 1.0 V
P073 Nickel carbonyl EHW B I 39 13 Ha
U074 Nickel cyanide EHW D,R,? I 28 9.0 Ha
U074 Nickel(II)cyanide EHW D,R.? 1 28 9.0 lb
P073 Nickel tetracarbonyl EHW B 1 39 13 IIa
P077 p-Nitroaniline EHW D,? 4,9 3.1 1.0 V
U169 Nitrobenzene EHW C,I 4,9 19800 6394 IIa
P170 p-Nitrophenol EHW C 4,9 3.1 1.0 V
0171 2-Nitropropane EHW Ci 11,9 .1 1.0 V
Ti 174 N-Nitrosodiethylamine EHW C,+ 9 0.008 0.003 IIa
P082 N-Nitrosodimethylamine EHW B,+ 9 0.014 0.005 Ha
Key to Tables on page 12 Page 4 of 12
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TITLE 21 - APPENDIX B
CITY OF SPOKANE VALLEY DRAFT CRITICAL MATERIALS LIST
Critical
DOE EPA Concentra- Critical Refer-
I.D.No. Substance Name Designation Hazard Class tion Quantity ence
ugJL kg
P089 Parathion EHW X 2 3.1 1.0 V
U183 Pentachlorobenzene EHW H 4 3.1 1.0 V
U242 Pentachlorophenol EHW A,H 4 220 71.05 VIIa
U188 Phenol EHW C 4 300 97 lb
P048 Phenol,2,4-dinitro- EHW B . 4,9 70 23 Ha
U048 Phenol,2-chloro- EHW D,H 4 0.1 0.03 IIa
U081 Phenol,2,4-dichloro- EHW D,H 4 0.3 0.10 Ila
P082 Phenol,2,6-dichloro- EHW D.H 4 3.1 1.0 IIa
U242 Phenol,pentachloro- EHW A,H 4 220 71.05 Vila
U230 Phenol.2,4,5-trichloro- EHW A,H 4 I 0.32 Ha
U231 .Phenol,2.4,6-trichloro- EHW A,1-I 4 2 0.65 IIa
P092 Phenylmercuricacetate EHW B 4,1 3.4 1.1 is
P110 Plumbane,tetraethyl EHW A 1,10 76 25 la
P098 Potassium cyanide EHW A 1 330 107 Ila
P099 Potassium silver cyanide EHW A 1 93 30 la
P003 2-Propenal EHW X 11 3.1 1.0 V
11233 Propionic acid,242.4.5-trichlorophenoxy) EHW B,H 2 52 17 Vila
U083 Propylene dichloride EHW C,H,I 3 3.1 1.0 V
U196 Pyridine EHW C,I 9 3.1 1.0 V
P201 Resorcinol EHW C 4 3.1 1.0 V
P104 Silver cyanide EHW C I 62 20 la
U233 Silvex EHW B,H 2 52 17 Vlla
P106 Sodium cyanide EHW B 1 377 122 IIa
P108 Strychnine and salts EHW B 2 3.1 1.0 V
U232 2,4,5-T EHW B.H,+ 2 2 0.65 la
U207 1.2.4,5-Tetrachlorobenzene EHW D,H 4 3.1 1.0 V
U208 1,1,1,2-Tetrachloroethane EHW H 3 3.1 1.0 V
U209 1,1,2,2-Tetrachloroethane EHW H 3 1.7 0.55 IV
U210 Tetrachloroethylene EHW C,H 3 5 1.6 Vila
U212 2,3,5,6-Tetrachlorophenol EHW C,H 4 3.1 1.0 V
P110 Tetraethyl lead EHW A 1 76 25 la
U220 Toluene EHW C,I 4 2000 645.9 Vila
U226 1,1,1-Trichloroethane EHW C,H 3 200 . 65 IX
U227 1,1,2-Trichloroethane EHW C,H 3 6 1.9 IV
U228 Trichloroethene EHW C,H,+ 3 5 1.6 IX
U228 Trichloroethylene EHW C,H,+ .3 5 1.6 IX
P118 Trichloromethanol EHW H 11 3.1 1.0 V
11121 . Trichloromonofluromethane EHW H 3 32300 10431 IIa
U230 2,4,5-Trichlorophenol EHW A,H 4 I 0.32 Ha
U231 2,4.6-Trichlorophenol EHW A,H 4 2 0.65 lb
U232 2,4,5-Trichlorophenoxyacetic acid EHW B,H,+ 2 2 0.65 la
U043 Vinyl chloride EHW D,H,+ 3 1 0.32 IX
P001 Warfarin EHW A 2 3.1 1.0 V
U239 o-Xylene EHW C,I 4 440 142 Vila
P121 Zinc cyanide EHW C l 700 226 Ila
Key to Tables on page 12 Page 5 of 12
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TITLE 21 -APPENDIX B
CITY OF SPOKANE VALLEY DRAFT CRITICAL MATERIALS LIST
Critical
DOE EPA Concentra- Critical Refer-
I.D.No. Substance Name ,Designation Hazard Class don Quantity ence
ng/L kg
U002 Acetone DW D,I 11' 563 182 V
U031 I-Butanol DW D,I 11 563 182 V
U011 Amitrole DW D,+ 182 V
U159 2-Butanone DW _ D.1 11 563 182 V
U031 n-BuIy1 alcohol DW D,I 11 563 182 V
U069 Dibutyl phthalate DW D 7 563 182 V
• U088 Diethyl phthalate DW ? 7 563 182 V
1/101 2,4-Dimethylphenol DW D 4 400 129 IIa
U102 Dimethyl phthalate DW ? 7 313000 101079 IIa '
11107 Di-n.octyl phthalate DW ? 7 563 182 V
U108 1,4-Dioxane DW D,+ 13 563 182 V
UI12 Ethyl acetate DW D,I 12 563 182 V
0113 Ethyl acrylate DW D,I 12 563 182 V
U238 Ethyl carbamate DW + 12 563 182 V
UI 17 Ethyl ether DW D,I 11 563 182 V
U118 Ethyl methacrylate DW 1 12 563 182 V .
11120 Fluoranthene DW D 5 563 182 V
U123 Formic acid DW D,0 II 563 182 V
U213 Furan,tetrahydro DW I 9 563 182 V
U134 Hydrofluoric acid DW D,O 1 563 182 V
U134 Hydrogen fluoride DW D,O 1 563 182 V
U140 Isobutyl alcohol DW D,1 II 563 182 V
11145 Lead phosphate DW I 1 65 21 Ia
U146 Lead subacetate DW I 1 65 21 Ia
U154 Methanol DW D,I II 563 182 V
U154 Methyl alcohol DW D,I 11 563 182 V
UI59 Methyl ethyl ketone DW D,I 11 1000 323 III
UI61 Methyl isobutyl ketone DW D,I 11 563 182 V
U162 Methyl methacrylate DW D,I 12 563 182 V
U172 N-Nitrosodi-n-butylamine DW D.+ 9 0.064 0.02 IIa
U173 N-Nitroso-diethanolamine DW + 9 563 182 V
U180 N-Nitrosopyrrolidine DW D,+ 9 0.16 0.05 IIa
0101 Phenol,2,4,-dimethyl- DW D 4 400 129 IIa
U145 Phosphoric acid,lead salt DW + I 65 21 Ia
U002 2-Propanone DW 0,I 11 563 182 V
U202 Saccharine and salts DW + 4,9 563 . 182 V
Ammonium salts,NEC N/C N/C I 500 161 lIb
Chloride salts,NEC N/C N/C 1 800 258 VI
Cyanide salts,NEC N/C N/C 1 200 65 IIa
Fluoride salts,NEC N/C N/C 1 200 65 Ia
Nitrate-nitrogen,NEC N/C N/C 1 400 129 VI
Sulfate salts,NEC N/C N/C 1 3000 969 VI
Total hardness N/C N/C I 17000 5490 VI
Calcium salts,NEC N/C N/C I 7000 2261 VI
Magnesium salts.NEC N/C N/C 1 400 129 VI
Key to Tables on page 12 Page 6 of 12
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TITLE 21 - APPENDIX B
CITY OF SPOKANE VALLEY DRAFT CRITICAL MATERIALS LIST
Critical
DOE EPA Concentra- Critical Refer-
I.D.No. Substance Name Designation Hazard Class tion Quantity ence
ng/L kg
Antimony salts.NEC N/C N/C 1 0.145 0.05 IIa
Arsenic salts,NEC N/C N/C 1 501 162 Ia
Barium salts.NEC N/C N/C 1 1000 323 Ia
Beryllium salts.NEC N/C N/C I 0.037 0.01 IIa
Boron salts.NEC N/C N/C 1 10 3.2 Ila
Cadmium salts,NEC N/C N/C 1 10 3.2 Ia
Chromium salts,NEC N/C N/C 1 50 16 la
Copper salts,NEC N/C N/C 1 1000 323 Ib
Iron salts,NEC N/C N/C 1 300 97 lb
Lead salts,NEC N/C N/C 1 50. 16 la
Manganese salts,NHC N/C N/C 1 50 16 lb
Mercury salts,NEC N/C N/C I 2 0.65 Ia
Nickel salts,NHC N/C N/C 1 13.4 4.3 IIa
Selenium salts,NHC N/C N/C I 10 3.2 Ia
Silver salts,NEC N/C N/C 1 50 16 Ia
Sodium salts,NEC N/C N/C 1 500 161 VI
Thallium salts,NHC N/C N/C 1 13.4 4.3 Ha
Zinc salts,NHC N/C N/C 1 5000 1615• lb
2,4-Dimethylphenol N/C N/C 4 400 129 IIb
Bis-(2-ethylhexyi)phthalate N/C N/C 7 15000 4844 Ilb
1,2,4-Trichlorobenzene N/C N/C 4 0.0072 0.002 lIb
Ethyl benzene N/C N/C 4 680 220 Vila
Isopropyl benzene N/C N/C 4 100 32 IV
2,4-Dinitrotoluene N/C N/C 4,9 1.1 0.36 IIb
2,6-Dinitrotoluene N/C N/C 4,9 1.1 0.36 IIb
m-Xylene N/C N/C 4 440 142 Vlla
Styrene N/C N/C 4 140 45 Vila
Bis(2-chloroethyl)ether N/C N/C6 0.3 0.10 IIa
N-Nitroso-di-N-butylamine N/C N/C .9 0.064 0.02 Ha
N-Nitrosopyrrolidine N/C N/C 9 0.16 0.05 Ha
N-NitrosodiphenylamineN/C N/C 9 49 16 IIa
Isophorone N/C N/C 9 5200 1679 Ha
ToxapheneN/C N/C 2 0 0.00 Vlla
Methoxychlor N/C N/C 2 340 110 Vila
Ethylene glycol N/C N/C II 100 32 III
Isopropyl alcohol N/C N/C 11 1000 323 III
Oil and grease N/C N/C 4,10 1000 323 lb
Gasoline N/C N/C 4,10 1000 323 Ib
--- Diesel(fuel oil) N/C N/C 4.10 1000 323 Ib
Phenols.NEC N/C N/C 4 1 0.32 1Ib
Alachlor N/C N/C 2 0 0.00 Vila
6-Chloro-N-ethyl-N'- (1-methylethyi)-1,3,5-
triazine-2,4-diamine N/C N/C 2 500 161 VIII
Atrzine N/C N/C 2 500 161 VIII
Bromacil N/C N/C 2 500 161 VIII
Key to Tables on page 12 Page 7 of 12
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TITLE 21 -APPENDIX B
CITY OF SPOKANE VALLEY DRAFT CRITICAL MATERIALS LIST
Critical
DOE EPA Concentra- Critical Refer-
LD.No. Substance Name Designation Hazard Class don Quantity ence
ug/L kg
5-Bromo-6-methyl-3-(I- meth-
ylpropyl)-2,4(1H.3H)-pyrimidinedione N/C N/C 2 500 161 VIII
Carbofuran N/C N/C 2 36 12 VITa
2,3-Dihydro-2,2-dimethyl-7-benzofuranol
methylcaramate N/C N/C 2 500 161 VIII
Dacthal N/C N/C 2 500 161 VIII
DCPA N/C N/C 2 500 161 VIII
2,3,5,6-Tetrachloro-1,4- benzene-dicarboxylic
acid,dimethyl ester N/C N/C 2 500 161 VIII
Dylonate N/C N/C 2 500 161 VIII
Fonolos N/C N/C 2 500 161 VIII
Ethylphosphonodithioic acid,0-ethyl-S-phe-
nyl ester N/C N/C 2 500 161 VIII
Metribuzin N/C N/C 2 500 161 VIII
Oxamyl N/C N/C 2 500 161 VIII
Simazine N/C N/C 2 500 161 VIII
6-Chloro-N-N'-diethyl-1,3,5- triazine-2,4-
diamine N/C N/C 2 500 161 VIII
1,2,3-Trichloropropane N/C N/C 2 500 161 VIII
Epichlorohydrin N/C N/C 2 0 0 VIIa
0
Possible Critical
Type of Business SIC Codes Material Critical Quantity
Agricultural chemical
warehousing and
distribution 5191 Ammonium 1600 lbs.as NH,NO3
2873 Nitrate 370 lbs.as NH,NO3
2874 Sulfate 3000 lbs.as(NH4)2S0,
2875 Chloride 1200 lbs.as KCI
2879 Pesticides 0-300 lbs.
Aluminum rolling mills 3353 Hydrocarbon solvents 110 gal.
Methyl ethyl ketone 105 gal.
1,1,1-Trichloroethane 13 lbs.
Gasoline/diesel 110 gal.
Key to Tables on page 12 Page 8 of 12
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TITLE 21 - APPENDIX B
CITY OF SPOKANE VALLEY DRAFT CRITICAL MATERIALS LIST
Possible Crit-'il •
Type of Business SIC Codes Material Critical Quantity
Aluminum reduction 3334 Gasoline/diesel 110 gal.
3341 Chloride salts 1000 lbs.as NaCl
Fluoride salts 300 lbs.as AIF3
Chromium salts 90 lbs.as Na2Cr207
Fluoride/cyanide waste
Building materials and
production 2435 Pentachlorophenol 500 gal. 5%solution
2436 Copper salts 90 lbs.as CuSO4
2439 Chromium sa1t2491 Phenolic resin glue
15 lbs.(Formaldehyde)
2492 Caustic soda(NaOH) 850 lbs.
Chemical manufacturing 2813 All types of chemicals
2816 may be on site
2819
Chemical warehousing and
distribution 5161 All types of chemicals may
be on site
Cleaning supplies
manufacturing and
distribution 2841 Isopropyl alcohol 110 gal.
2869 Chlorinated phenols 5 lbs.
5087 Dibutyl phthalate 3000 lbs.
Drycleaning facilities 7215 Trichloroetene 0.25 gal.
7217 Tetrachloroethene 0.25 gal.
1,1,1-Trichloroethane 13 gal.
Hydrocarbon solvents 110 gal.
Educational institutions 8221
8222
Electrical and electronic
products manufacturing 3612 Metal salts(Cu,Ni and Zn) 90 lbs.
3641 Cyanide salts 150 gal. 10%NaCN solution
3662 Methylene chloride 10 gal.
3674 1,1,1-Trichloroethane 13 gal.
3677 Acetone 60 gal.
3679 Methyl ethyl ketone 105 gal.
3825 Formaldehyde 1 gal.
3993
Electroplating operations 3471 Metal salts(Cr,Cu, 90 lbs.
Ni and Zn)
Cyanide salts 150 gal. 10%NaCN solution
Sodium phosphate 300 gal.30%solution
Trichloroethene 0.25 gal.
Tetrachloroethene 0.25 gal.
Xylene 45 gal.
Hydrocarbon solvents 110 gal.
Key to Tables on page 12 Page 9 of 12
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TITLE 21 - APPENDIX B
CITY OF SPOKANE VALLEY DRAFT CRITICAL MATERIALS LIST
Possible Critical
Type of Business SIC Codes Material Critical Quantity
Foundries 3321 Metal salts(Cr,Cu, 90 lbs.
Ni and Zn)
3322 Cyanide salts 150 gal. 10%NaCN solution
3325 Trichloroethene 0.25 gal.
3361 Isopropyl alcohol 110 gal.
3362 Caustic soda cleaning
3369 solution 250 gal. 35%solution
Furniture refinishing 7641 Methylene chloride 10 gal.
1,1,1-Trichloroethane 13 gal.
Acetone 60 gal.
Methyl ethyl ketone 105 gaL
Xylene 45 gal.
Tuolene 2000 gal.
Hydrocarbon solvents 110 gal.
Medical facilities 0742 Mono and poly-cyclic
8062 aromatic hydrocarbons 1 gal.
8069
8071 Prescription drugs
Biological contaminants
Lab quantities of many other
chemicals
Paint manufacturing and
wholesale distribution 2816 Metal salts(Cr,Pb, 90 lbs.
Sb and Cr)
2851 Phthalate esters
2865 Methylene chloride 10 gal.
5198 Acetone 60 gal.
Methyl ethyl ketone 105 gal.
Xylene 45 gal.
Tuolene 2000 gal.
Ethylene glycol 7.5 gal.
Hydrocarbon solvents 110 gal.
Paint/auto body shops 7535 Hydrocarbon solvents 110 gal.
Methylene chloride 10 gal.
Xylene 45 gal.
Other paint products
Petroleum products
production and storage 2992 Gasoline 110 gal.
5171 Diesel and heating oil 110 gal.
Bulk storage of petroleum
products 5172 Lubricating oil 110 gal.
Ethylene glycol 7.5 gal.
Methyl alcohol 60 gal.
Photo processing 7333 Silver salts 50 lbs.as AgNO3
7395 Phenols 10 lbs.
Key to Tables on page 12 Page 10 of 12
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TITLE 21 - APPENDIX B
CITY OF SPOKANE VALLEY DRAFT CRITICAL MATERIALS LIST
Possible Critical
Type of Business SIC Codes Material Critical Quantity
Cyanide salts 125 lbs.as NaCN
Aromatic hydrocarbons 0.5 gal.as benzene
Plastics and fiberglass Acetone 60 gal.
Methyl ethyl ketone 105 gal.
Aromatic hydrocarbons 0.5 gal.as benzene
Hydrocarbon solvents 110 gal.
Methylene chloride 10 gal.
Printing establishments 2711 Silver salts 50 lbs.as AgNO3
2751 Phenols 10 lbs.
2752 Cyanide salts 125 lbs.as NaCN
2761 Aromatic hydrocarbons 0.5 gaL as Benzene
Tetrachloroethene 0.25 gal.
Hydrocarbon solvents 110 gal.
Gasoline distribution 5541 Gasoline 110 gal.
Diesel 110 gal.
Lubricating oil 110 gal.
Ethylene glycol 7.5 gal.
Methyl alcohol 60 gal.
Metal fabrication 3441 Metal salts(Cr,Cu, 90 lbs.
3442 Ni and Zn)
3443 Cyanide salts 150 gal. 10%NaCN solution
3444 Hydrochloric acid 200 gal.
Sulfuric acid 95 gal.
Caustic soda(NaOH) 110 gal. .
Caustic soda cleaning
solution 250 gal.35%solution
Sodium phosphate 300 gal. 30%solution
Xylene 45 gal.
Hydrocarbon solvents 110 gal.
Secondary metals refining 3341 Metal salts(Al,Cr, 90 lbs.
Cd,Zn etc.)
Chloride salts 1000 lbs as NaC1
Sulfate salts 3000 lbs.as(NH4)2SO4
Seed cleaning and treating 0721 Hexachlorobenzene 1 gal.
Other pesticides 0-300 lbs.
Solvent recycling 2911 Trichloroethene 0.25 gal.
Tetrachloroethene 0.25 gal.
1,1,1-Trichloroethane 13 gal.
Hydrocarbon solvents 110 gal.
Trucking companies 4171 Gasoline/diesel 110 gal.
4172 lubricating oil 110 gal.
4231 Ethylene glycol 7.5 gal.
Hydrocarbon solvents 110 gal.
Caustic soda cleaning
solution 250 gal.35%solution
Key to Tables on page 12 Page 11 of 12
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TITLE 21 - APPENDIX B
CITY OF SPOKANE VALLEY DRAFT CRITICAL MATERIALS LIST
KEY TO SYMBOLS
I.D.Number E.P.A.Hazard Class
Thom EPA Hazardous waste number X Toxicity,Category X
Pxtx EPA Hazardous waste number A Toxicity,Category A
B Toxicity,Category B
C Toxicity,Category C
D Toxicity,Category D
EP Extraction procedure toxicity
H Persistent halogenated hydrocarbon
DOE Designation I Ignitable
O Corrosive
EHW Extremely hazardous waste P Persistent polycyclic aromatic
DW Dangerous waste hydrocarbon
R Reactive
+ ARC known or suspected carcinogen
•
Chemical CIass References
1 Metals and other inorganics Ia. Interim primary drinking water
2 Pesticides regulations
3 Halogenated aliphatic lb. Proposed secondary drinking
hydrocarbons water regulations
4 Monocyclic aromatic hydrocarbons Ila_ Ambient water quality criteria
5 Polycyclic aromatic hydrocarbons for priority pollutants
6 Halogenated ethers IIb. Water quality criteria 1972
7 Phthalate esters III. Suspected no adverse response
8 Polychlorinated biphenyls and levels,April,1980
related compounds IV. Suspected no adverse response
9 Nitrosamines and related levels,April,1981
compounds V. Washington State dangerous waste
10 Aliphatic hydrocarbons regulation,WAC 173-303-9903
11 Alcohols,aldehydes and ketones VI. "Acquifer quality monitoring
12 Esters and anhydrides interference level" (See Critical
13 Ethers and epoxides Materials Handbook)
VII. Primary drinking water standards
VIIa. Proposed recommended maximum
contaminant levels
VIII. Arbitrary leachable pesticide
level
IX. Primary drinking water
regulations,VOC's
Key to Tables on page 12 Page 12 of 12
P:\Community Development\Development Regulations\Title 21 Environmental Contrls\Critical Materials List.doc
SVMC Title 21 Appendix B
c = c -o
0
Hazardousco
w .j o �,
w mal
CAS# Waste ID Substance Name = c C� . O rn _ _m
number U 8 _ m a.< 0 °'
ix
o0 0 w
U _
100-75-4 U179 N-nitrosopiperidine 3.1 1.00 EHW C,+ 9 V
10102-45-1 U217 thallium nitrate 17 5.49 DW ? 1 Ila
101-14-4 U158 benzenamine,4,4-methylenebis(2-chloro)- 3.1 . 1.0 EHW H,+ 4.9 V
101-14-4 U158 4,4'-methylenebis(2-chloroaniline) 3.1 1.00 EHW H,+ 4,9 V
105-67-9 U101 2,4-dimethylphenol 400 129 DW D 4 Ila_
105-67-9 U101 phenol,2,4-dimethyl- 400 129 DW D • 4 Ila
106-46-7 U072 benzene, 1,4-dichloro 0.3 0.1 EHW B,H 4 IV
106-46-7 U072 p-dichlorobenzene 0.3 0.10 EHW B,H 4 IV
106-46-7 U072 1,4-dichlorobenzene 0.3 0.10 EHW B,H 4 IX
106-46-7 U072 PARA 0.3 0.10 EHW B,H 4 IX
106-51-4 U197 p-benzoquinone 3.1 1.0 EHW C 4,9 V
106-51-4 U197 1,4-cyclohexadienedione 3.1 1.00 EHW C 11 V
106-93-4 U067 ethane, 1,2-dibromo- 0.55 0.18 EHW C,H,+ 3 IV
106-93-4 U067 ethylene dibromide 3.1 1.00 EHW C,H 3 V
107-06-2 U077 ethane, 1,2-dichloro- 7 2.26 EHW D,H 3 IV
107-06-2 U077 ethylene dichloride 3.1 1.00 EHW D,H 3 V
107-10-8 U194 1-propanimine 3.1 1.00 EHW C,I 9 V
107-10-8 U194 n-propylamide 3.1 1.00 EHW C,I 9 V
108-10-1 U161 methyl isobutyl ketone 563 182 DW D,I 11 V
108-10-1 U161 4-methyl-2-pentanone 563 182 DW + 11 V
108-31-6 U147 2,5-Furandione 3.1 1.00 EHW C 11,9 V
108-31-6 U147 malic anhydride 3.1 1.00 EHW C 12 V
108-46-3 U201 1,3-benzendiol 3.1 1.0 EHW H 4 V
108-46-3 U201 Resorcinol 3.1 1.00 EHW C 4 V
108-88-3 U220 bezene,methyl- 3.1 1.0 EHW C,I 4 V
108-88-3 U220 toluene 100 32.3 EHW C,I 4 IV
108-95-2 U188 benzene,hydroxy- 3.1 1.0 EHW C 4 V
108-95-2 U188 phenol 300 96.9 EHW C 4 Ila
109-06-8 U191 2-picoline 3.1 1.00 EHW C 9 V
109-06-8 U191 pyridine,2-methyl 3.1 1.00 EHW C 9 V
109-77-3 U149 Malononitrile 3.1 1.00 EHW C 9 V
109-77-3 U149 propanedintrile 3.1 1.00 EHW B 9 V
109-99-9 U213 furan,tetahydro 563 182 DW I 9 V
109-99-9 U213 tetrahydrofuran 563 182 DW I 9 V
110-00-9 U124 furan 563 182 DW I 9 V
110-00-9 U124 fufuran 563 182 DW I 9 V
110-82-7 U056 benzene,hexahydro- 3.1 1.0 EHW C,I 4 V
110-82-7 U056 cyclohexane 3.1 1.00 EHW C,I 10 V
1116-54-7 U173 ethanol,2,2-(nitrosoimino)bis- 563 182 DW + 9 V
1116-54-7 U173 N-nitrosodiethanolamine 563 182 DW + 9 V
1120-71-4 U193 1,3-propane sultone 563 182 DW + 11 V
117-84-0 U107 1,2-benzenedicarboxylic acid,di-n-octyl ester 563 182 DW ? 4,12 V
117-84-0 U107 di-n-octyl phthalate 563 182 DW ? 7 V
118-74-1 U127 benzene, hexachloro- 7200 2325.1 EHW H 2,4 Ila
118-74-1 U127 hexachlorobenzene 0.0072 0.002 EHW H 2,4 Ila
119-90-4 U091 (1,1'-biphenyl)-4'-diamine,3,3'-dimetl oxy- 563 182 DW D,± 8 , V
119-90-4 U091 3,3'-dimethoxybenzidine 563 182 DW D,+ 8 V
119-93-7 U095 4,4'-diamino-3,3'-dimethyl-1,1'-biphenyl 3.1 1.0 EHW C,+ 4,9 V
P:\Community Development\Development Regulations\Title 21 Environmental Contrls\Critical Materials List
Updated.xls 1 of 28
SVMC Title 21 Appendix B
2 c a m
0 e
Hazardous 'm ? _I g r N N c
CAS# Waste ID Substance Name w . 0 a, = co
U 0 z 2 .N < U d
number 0 ) w o:
U
119-93-7 U095 3,3'-dimethylbenzidine 3.1 1.00 EHW C,+ 8 V
120-58-1 U141 benzene, 1,2-methylenedioxy-4-propenyl- 563 182 DW D,+ 4 V
120-58-1 U141 isosafrole 563 182 DW D,+ V
120-83-2 U081 2,4-dichlorophenol 0.3 0.10 EHW D,H 4 Ila
120-83-2 U081 phenol,2,4-dichloro- 0.3 0.096 EHW D,H 4 Ila
121-14-2 U105 benzene, 1-methyl-2,4-dinitro- 1.1 0.4 EHW C 4,9 IV
121-14-2 U105 2,4-dinitro toluene 3.1 1.00 EHW C 4,9 V
122-66-7 U109 1,2-diphenylhydrazine 0.422 0.14 EHW C 4,9 11a
122-66-7 U109 hydrazine, 1,2-diphenyl 0.422 0.136 EHW C 4,9 Ila
123-33-1 U148 1,2-dihydro-3-6-pyridizinedione 563 182 DW D 4,9 V
123-33-1 U148 maleic hydrazide 563 182 DW D 9 V
123-63-7 U182 paraldehyde 563 182 DW D,I 11 V
123-63-7 U182 1,3,5-trioxane,2,4,5-trimethyl- 563 182 DW D,I 12 V
123-91-1 U108 1,4-diethylene dioxide 563 182 DW D,+ 13 V
123-91-1 U108 1,4-dioxane 563 182 DW D,+ 13 V
124-40-3 U092 dimethylamine 3.1 1.00 EHW C,I 9 V
124-40-3 U092 methanamine,N-methyl- 3.1 1.00 EHW C,I 9 V
126-72-7 U235 1-propanol,2,3-dibromo-,phosphate(3:1) 3.1 1.00 EHW D,H 3 V
126-72-7 . U235 tris(2,3-disbromopropyl)phosphate 3.1 1.00 EHW D,H 3 V
126-98-7 U152 methacrylonitrile 3.1 1.00 EHW 13,1 9 V
126-98-7 U152 2-propenenitrile,2-methyl 3.1 1.00 EHW B,I 9 V
127-18-4 U210 ethene, 1,1,2,2-tetrachloro- 1.7 0.55 EHW C,H 3 IV
127-18-4 U210 tetrachloroethylene 35 11.30 EHW C,H 3 IV
130-15-4 U166 1,4-naphthalenedione 3.1 1.00 EHW C 5 V
130-15-4 U166 1,4-naphthaquinone 3.1 1.00 EHW C 4 V
131-11-3 U102 1,2-benzenedicarboxylic acid,dimethyl ester 563 182 DW ? 4,12 V
131-11-3 U102 dimethyl phthalate 313000 101099 DW ? 7 Ila
1314-80-3 U189 phosphorous sulfide 3.1 1.00 EHW B,I,R 1 V
1314-80-3 U189 sulfur phosphide 3.1 1.00 EHW B,I,R 1 V
1330-20-7 U239 benzene,dimethyl- 3.1 1.0 EHW C,I 4 V
1330-20-7 U239 o-xylene 500 162 EHW C,I 4 IV
1335-32-6 U146 lead subacetate 65 21.0 DW + 1 la
1338-23-4 U160 2-butanone peroxide 3.1 1.0 EHW C,R 11 V
1338-23-4 U160 methyl ethyl ketone peroxide 3.1 1.00 EHW C,R 11 V
134-32-7 U167 1-naphthylamine 3.1 1.00 EHW B,+ 9,5 V
134-32-7 U167 alpha-naphthylamine 3.1 1.00 EHW B,+ 9 V
137-26-8 U244 bis(dimethylthiocarbonmoyl)0-disulfide 563 182 DW D 2 V
137-26-8 U244 thiuran 563 182 DW D 2 V
140-88-5 U113 ethyl acrylate 563 182 DW D,I 12 V
140-88-5 U113 2-propenoic acid,ethyl ester 563 182 DW D,I 12 V
141-78-6 U112 acetic acid,ethyl ester 563 182 DW D,I 11 Ila
141-78-6 U112 ethyl acetate 563 182 DW D,I 12 V
142-84-7 U110 dipropylamine 3.1 1.00 EHW C,I 9 V
142-84-7 U110 1-propanimine,N-propyl- 3.1 1.00 EHW C,I 9 V
143 50-0 U142 Decachloroctahydro-1,3,4-metheno-2H-cyclobuta[c,d] 0.028 0.01 EHW X,H 2 Ila
pentalen-2-one
143-50-0 U142 Kepone 3.1 1.00 EHW X,H 2 V
1464-53-5 U085 2,2'-bioxirane 3.1 1.0 EHW 13,1 V
1464-53-5 U085 1,2:3,4-diepoxybutane 3.1 1.00 EHW 13,1 13 V
148-82-3 U150 alanine,3-[p-bis(2-chloroethyl)amino]phenyl-,L- 563 182 DW + 4,9 V
148-82-3 U150 melphalan 563 182 DW + 4,9 V
156-60-5 U079 1,2-dichloroethane 7 2.26 EHW D,H 3 IV
156-60-5 U079 ethene,trans-1,2-dichloro- 3.1 1.00 EHW D,H 3 V l
P:\Community Development\Development Regulations\Title 21 Environmental Contrls\Critical Materials List
Updated.xls 2 of 28
1
SVMC Title 21 Appendix B
c c •c m
0
Hazardous '•�° o N cci
w com
CAS# Waste ID Substance Name a c . O , x �,
r. c0 0 �, a U d
number 0
re
o .v_- 0 0.
U U
1615-80-1 U086 N,N-diethylhydrazine 563 182 DW + 9 V
1615-80-1 U086 hydrazine, 1,2-diethyl- 563 182 DW + 9 V
18883-66-4 U206 D-glucopyranose,2-deoxy-2(3-methyl-3-nitrosoureido)- 563 182 DW + 9 V
18883-66-4 U206 streptozotocin 563 182 DW + V
1888-71-7 U243 hexachlororpropene 3.1 1.00 EHW H 3 V
1888-71-7 U243 1-propene, 1,1,2,3,3,3-hexachloro- 3.1 1.00 EHW H 3 V
189-55-9 U064 1,2:7,8-dibenzopyrene 0.028 0.01 • EHW P,+ 5 Ila
189-55-9 U064 dibenz[a,i]pyrene 0.028 0.01 EHW P,+ 5 Ila
193-39-5 U137 indeno[1,2,3-cd]pyrene 0.028 0.009 DW + 5 Ila
193-39-5 U137 1,10-(1,2-phenylene)pyrene 563 182 DW + 5 V
206-44-0 U120 benzo[j,k]fluorene 0.028 0.009 DW D 5 Ila
206-44-0 U120 fluoranthene 42 13.6 DW D 5 Ila
20830-81-3 U059 Daunomycin 563 182 DW + V
5,12-naphthacenedione,(8S-cis)-8-acetyl-10-[(3-amino-
20830-81-3 U059 2,3,6-trihydroxy-alpha-L-lyxo-hexapyranosy)oxyl]- 0.028 0.009 DW + 5 Ila
7,8,9,10-tetrahydro-6,8,11-trihyd roxy-1-methoxy-
225-51-4 U016 bis(2-chloromethyl)ether 0.000037 0.001 EHW B,H,+ 6 Ila
225-51-4 U016 benz[c]acridine 0.028 0.009 DW + 5 Ila
225-51-4 U016 3,4-benzacridine 0.028 0.009 DW + 5 Ila
2303-16-4 U062 Diallate 3.1 1.00 EHW C,H,+ 2 V
2303-16-4 U062 S-(2,3-dichloroallyl)diisopropylthiocarbamate 3.1 1.00 EHW C,H,+ V
23950-58-5 U192 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide 563 182 DW 9 V
23950-58-5 U192 pronamide 563 182 DW 9 V
25376-45-8 U221 toluenediamine 563 182 DW ? 4,9 V
26471-62-5 U223 benzene, 1,3-diisocyanatomethyl- 3.1 1.0 EHW C,I 4 V
26628-22-8 P105 sodium azide 3.1 1.00 EHW A 1 V
301-04-2 U144 Acetic acid,lead salt 3.1 1.00 EHW D,EP 1,11 V
301-04-2 U144 lead acetate 64 20.67 EHW D,EP 1 Ila
302-01-2 U133 Diamine 3.1 1.00 EHW B,+,R 9 V
303-34-4 U143 Lasiocarpine 3.1 1.00 EHW C,+ V
3288-58-2 U087 0,0-diethyl S-methyl-dithiophosphate 3.1 1.00 EHW B 2 V
3288-58-2 U087 phosphorodithioic acid,0,0-dimethyl-S-methyl ester 563 182 EHW 12 V
353-50-4 U033 carbon oxyfluoride 3.1 1.00 EHW H,R 1 V
353-50-4 U033 Carbonyl fluoride 3.1 1.00 EHW B,H,R 1 V
50-00-0 U122 formaldehyde 3.1 1.00 EHW C 11 V
50-00-0 U122 methylene oxide 3.1 1.00 EHW C 13 V
50-18-0 U058 Cyclophosphamide 3.1 1.00 EHW C,H,+ 9 V
50-18 0 U058 2H-1,3,2-Oxaphosphorine,2-[bis(2-chloro- 3.1 1.00 EHW C,H,I V
ethyl)amino]tetrahydro-,oxide 2-
50-29-3 U061 DDT 0.00024 0.001 EHW X,H,+ 2 Ila
50-29-3 U061 dichloro diphenyl trichloroethane 0.00024 0.001 EHW X,H,+ 2 Ila
504-60-9 U186 1-methylbutadiene 563 182 DW D,I 10 V
504-60-9 U186 1,3-pentadiene 563 182 DW D,I 10 V
50-55-5 U200 reserpine 563 182 DW ? V
50-55-5 U200 Yohimban-16-carboxylic acid, 11,17-dimethoxy-18- 563 182 DW ? 5,9 V
[(3,4,5-trimethoxy-benzoyl)oxy]-,methyl ester
506-68-3 U246 cyanogen bromide 3.1 1.00 EHW C,H 1 V
51-79-6 U238 Carbamic acid,ethyl ester 563 182 DW + 12 V
51-79-6 U238 ethyl carbamate(urethane) 563 182 DW + 12 V
P:\Community Development\Development Regulations\Title 21 Environmental Contrls\Critical Materials List
Updated.xls 3 of 28
SVMC Title 21 Appendix B
cc a
0
cHazardous m -J N en
CAS# Waste ID Substance Name w e O xw z c
'a, d
number v t,, N < V a
Wo ` a
0 U
53-70-3 U063 dibenz[a,h]anthracene 0.028 0.01 EHW P,+ 5 Ila
53-70-3 U063 1,2:5,6-dibenzanthracene 0.028 0.01 EHW P,+ 5 Ha
540-73-8 U099 1,2-dimethylhydrazine 3.1 1.00 EHW C,+,I 9 V
540-73-8 U099 hydrazine, 1,2-dimethyl 3.1 1.00 EHW C,+,I 9 V
541-73-1 U071 benzene, 1,3-dichloro 20 6.5 EHW B,H 4 IV
541-73-1 U071 m-dichlorobenzene 20 6.46 EHW B,H 4 IV
541-73-1 U071 1,3-dichlorobenzene 20 6.46 EHW B,H 4 IV
542-75-6 U084 propene, 1,3-dichloro- 3.1 1.00 EHW C,H 3 V
55-18-5 U174 ethanamine, N-ethyl-N-nitroso- 3.1 1.00 EHW C,+ 9 V
55-18-5 U174 N-nitrosodiethylamine 0.008 0.002 EHW C,+ 9 Ha
56-04-2 U164 methylthiouracil 563 182 DW + 9 V
56-04-2 U164 4(1H)-pyrimidinone,2,3-dihydro- 563 182 DW + 9 V
56-23-5 U211 carbon tetrachloride 45 14.5 EHW C,H,+ 3 IV
56-23-5 U211 methane,tetrachloro- 45 14.53 EHW C,H,+ 3 Ila
56-23-5 U211 2,3,4,6-tetrachlorophenol 3.1 1.00 EHW C,H 4 V
563-68-8 U214 acetic acid,thallium salt 563 182 DW ? 11,1 V
563-68-8 U214 thallium(I)acetate 17 5.49 DW ? 1 Ila
56-49-5 U157 benz[j]aceanthrylene, 1,2-dihydro-3-methyl- 0.028 0.009 EHW H,P 5 Ila
56-49-5 U157 3-methylcholanthrene 0.028 0.009 EHW H,P 5 Ila
56-53-1 U089 diethylstilbestrol 563 182 DW + 4 V
56-53-1 U089 4,4'-stilbenediol,alpha,alpha'-diethyl- 563 182 DW + 4 V
57-14-7 U098 1,1-dimethylhydrazine 563 182 DW I,+ 9 V
57-14-7 U098 hydrazine, 1,1-dimethyl- 563 182 DW I,+ 9 V
57-97-6 U094 1,2-Benzanthracene,7,12-dimethyl- 0.028 0.009 EHW C,P 5 Ila
57-97-6 U094 7,12-dimethylbenz[a]anthracene 0.028 0.01 EHW C,P 5 Ila
58-89-9 U129 hexachlorocyclohexane(gamma isomer) 0.123 0.040 EHW H,+ 2 Ila
58-89-9 U129 Lindane 4 1.29 EHW H,+ 2 la
58-90-2 U212 phenol,2,3,4,6-tetrachloro- 3.1 1.00 EHW C,H 4 Ila
60-11-7 U093 benzenamine, N,N-dimethyl-4-phenylazo- 3.1 1.0 EHW C,+ 4,9 V
60-11-7 U093 dimethylaminobenzene 3.1 1.00 EHW C,+ 4,9 V
60-29-7 U117 ethane,1,1'-oxybis- 563 182 DW D,I 13 V
60-29-7 U117 ethyl ether 563 182 DW D,I 11 V
606-20-2 U106 benzene, 1-methyl-2,6-dinitro- 1.1 0.4 EHW C 4,9 IV
606-20-2 U106 2,6-dinitro toluene 3.1 1.00 EHW C 4,9 V
608-93-5 U183 benzene,pentachloro- 3.1 1.0 EHW H 4 V
608-93-5 U183 pentachlorobenzene 3.1 1.00 EHW H 4 V
615-53-2 U178 N-nitroso-N-methylurathane 3.1 1.00 EHW B,+ 9 V
621-64-7 U111 di-n-propylnitrosamine 3.1 1.00 EHW C,+ 9 V
621-64-7 U111 N-nitroso-N-propylamine 3.1 1.00 EHW C,+ 9 V
62-44-2 U187 acetamide, N-(4-ethoxyphenyl)- 563 182 DW D,+ 9 V
62-44-2 U187 phenacetin 563 182 DW D,+ V
62-50-0 U119 ethyl methanesulfonate 563 182 DW + 12 V
62-50-0 U119 methanesulfonic acid,ethyl ester 563 182 DW + 12 V
62-55-5 U218 ethanethioamide 563 182 DW + 9 V
62-55-5 U218 thioactamide 563 182 DW + 9 V
62-56-6 U219 thiocarbamide 3.1 1.00 EHW C,+ 1,9 V
62-56-6 U219 thiourea 3.1 1.00 EHW C,+ 1 V
630-20-6 U208 ethane, 1,1,1,2-tetrachloro 3.1 1.00 EHW H 3 V
630-20-6 U208 1,1,1,2-tetrachloroethane 3.1 1.00 EHW H 3 V
636-21-5 U222 benzenamine,2-methyl-,hydrochloride 563 182 DW D,+ 9 V
636-21-5 U222 o-toluidine hydrochloride 563 182 DW D,+ 4 V
64-18-6 U123 formic acid 563 182 DW D,0 11 V
64-18-6 U123 methanoic acid 563 182 DW 0,0 11 V
P:\Community Development\Development Regulations\Title 21 Environmental Contrls\Critical Materials List
Updated.xls 4 of 28
SVMC Title 21 Appendix B
c
0
c
°
•y o m
Hazardous To m ym
CAS# Waste ID Substance Name = c - (5s 0 . 11 ° `m c ' ,
number V z oi
SVMC Title 21 Appendix B
c z.
0
Hazardous m w N to c
CAS# Waste ID Substance Name w a, ,x' 0 rn = m
V a '- u ❑ .y a U 0
number o:
o P a Lu
U
76-01-7 U184 ethane,pentachloro- 3.1 1.00 EHW A,H 3 V
76-01-7 U184 pentachloroethane 3.1 1.00 EHW A,H 3 V
764-41-0 U074 1,4-dichloro-2-Butene 3.1 1.0 EHW C,H,I 3 V
764-41-0 U074 1,4-dichloro-2-butene 3.1 1.00' EHW C,H,I 3 V
765-34-4 U126 glycidaldehyde 3.1 1.00 EHW C,+ 11 V
765-34-4 U126 1-propanol,2,3-epoxy- 3.1 1.00 EHW C,+ 13 V
7664-39-3 U134 hydrofluoric acid 563 182 DW D,0 1 V
7664-39-3 U134 hydrogen fluoride 563 182 DW 13,0 1 V
77-47-4 U130 1,3-cyclopentadiene, 1,2,3,4,5,5-hexachloro- 3.1 1.00 EHW X,H 3 V
77-78-1 U103 dimethyl sulfate 3.1 1.00 EHW C,0,+ 12 V
77-78-1 U103 sulfuric acid,dimethyl ester 3.1 1.00 EHW C,0,+ 12 V
7783-00-8 U204 selenious acid 16 5.17 DW 0 1 la
7783-00-8 U204 selenium dioxide 14 4.52 DW 0 1 la
7783-06-4 U135 hydrogen sulfide 3.1 1.00 EHW 13,1 1 V
7783-06-4 U135 sulfur hydride 3.1 1.00 EHW 13,1 1 V
7791-12-0 U216 thallium(I)chloride 16 5.17 DW ? 1 Ila
78-83-1 U140 isobutyl alcohol 563 182 DW D,I 11 V
78-83-1 U140 1-propanol,2-methyl- 563 182 DW D,I 11 V
78-87-5 U083 1,2-dichloropropane 1.4 0.45 EHW C,H,I 3 IV_
78-87-5 U083 propylene dichloride 3.1 1.00 EHW C,H,I 3 V
78-93-3 U159 2-butanone 563 182 DW D,I 11 V_
78-93-3 U159 methyl ethyl ketone 1000 323 DW D,I 11 III
79-00-5 U227 ethane, 1,1,2-trichloro- 6 1.94 EHW C,H 3 IV
79-00-5 U227 1,1,2-trichloroethane 6 1.94 EHW C,H 3 IV
-
79-01-6 U228 trichloroethene 45 14.5 EHW C,H,+ 3 IV
79-01-6 U228 trichloroethylene 45 14.5 EHW C,H,+ 3 V
79-22-1 U156 carbonchloridic acid,methyl ester 3.1 1.00 EHW B,H,I 12 V
-
79-22-1 U156 methyl chlorocarbonate 3.1 1.00 EHW B,H,I 3 V
79-34-5 U209 ethane, 1,1,2,2-tetrachloro 1.7 0.55 EHW H 3 IV
79-34-5 U209 1,1,2,2-tetrachloroethane 1.7 0.549 EHW H 3 IV
79-44-7 U097 dimethyl carbamoyl chloride 3.1 1.00 EHW D,H,+ V
79-44-7 U097 dimethylcarbomoyl chloride 3.1 1.00 EHW D,H,+ V
79-44-7 U097 Famphur 3.1 1.00 EHW A 2 V
79-46-9 U171 2-nitropropane 3.1 1.00 EHW C,I 11,9 V
79-46-9 U171 propane,2-nitro- 3.1 1.00 EHW C,I 11,9 V
-
80-15-9 U096 alpha,alpha-dimethylbenzyl-hydroperoxide 3.1 1.00 EHW C,R 4 V
80-15-9 U096 hydroperoxide,1-methyl-1-phenylethyl- 3.1 1.00 EHW C,R 4 V
80-62-6 U162 methyl methacrylate 563 182 DW D,I 12 V_
80-62-6 U162 2-propenoic acid,2-methyl-,methyl ester 563 182 DW D,I 12 V _
81-07-2 U202 1,2-benzisothiasolin-3-one, 1,1-dioxide and salts 563 182 DW + V
81-07-2 U202 saccharine and salts 563 182 DW + 4,9 V _
82-68-8 U185 benzene,pentachloronitro- 3.1 1.0 EHW D,H,+ 4,9 V
82-68-8 U185 pentachloronitrobenzene 3.1 1.00 EHW D,H,+ 4,9 V
84-66-2 U088 1,2-benzenedicarboxylic acid,diethyl ester 563 182 DW ? 4,12 V
84-66-2 U088 diethyl phthalate 352000 113696 DW ? 7 Ila
84-74-2 U069 1,2-benzenedicarboxylic acid,dibutyl ester 563 182 DW D 4 V
84-74-2 U069 dibutyl phthalate 34000 10982 DW D 7 Ha
85-44-9 U190 1,2-benzenedicarboxylic acid anhydride 3.1 1.0 EHW C 4 V
85-44-9 U190 phthalic anhydrite 3.1 1.00 EHW C 12 V
87-65-0 U082 2,6-dichlorophenol 3.1 1.00 EHW D,H 4 V
87-68-3 U128 1,1',2,3,4,4'hexacholro-1,3-butadiene 4.47 1.4 EHW C,H 4 Ila
87-68-3 U128 hexachlorobutadiene 4.47 1.44 EHW C,H 4 Ila
87-86-5 U242 pentachlorophenol 30 9.69 EHW A,H 4 Ila
P:\Community Development\Development Regulations\Title 21 Environmental Contrls\Critical Materials List
Updated.xls 6 of 28
SVMC Title 21 Appendix B
c Z.
cD y
C p
Hazardous f0 2 J jCO N c
w COm
CAS# Waste ID Substance Name ` ' C� . o c x m m
number 0 a w w < U IX
U U
87-86-5 U242 phenol,pentachloro- 30 9.69 EHW A,H 4 Ila
88-06-2 U231 phenol,2,4,6-trichloro- 2 0.646 EHW A,H 4 Ila
88-06-2 U231 2,4,6-trichlorophenol 2.0 0.646 EHW A,H 4 Ha
91-20-3 U165 naphthalene 3.1 1.00 EHW B 5 V
91-59-8 U168 2-naphthylamine 3.1 1.00 EHW B,+ 9,5 V
91-59-8 U168 beta-naphthylamine 3.1 1.00 EHW B,+ 9 V
91-80-5 U155 methapyrilene 563 182 DW D 4,9 V
91-80-5 U155 pyridine,2-[(2-dimethylamino)-2-phenylamine]- 563 182 DW D 9 V
91-94-1 U073 4,4'-diamino-3,3'-dichloro-1,1'-biphenyl 0.028 0.009 EHW H,+ 5,9 Ila
91-94-1 U073 3,3'-dichlorobenzidine 0.028 0.009 EHW H,+ 8 Ila
924-16-3 U172 1-butanimine,N-butyl-N-nitroso- 563 182 DW D,+ 9 V
924-16-3 U172 N-nitrosodi-n-butylamine 0.064 0.020 DW D,+ 9 Ila
930-55-2 U180 N-nitrosopyrrolidine 0.160 0.051 DW D,+ 9 Ila
930-55-2 U180 pyrrole,tetrahydro-N-nitroso-6-methyl-2-thioxo- 563 182 DW D,+ 9 V
93-72-1 U233 Propanoic acid,2-(2,4,5-trichlorophenoxy)- 10 3.23 EHW B,H 2 la
93-72-1 U233 Silvex(2,4,5-TP) 10 3.23 EHW B,H 2 la
93-76-5 U232 2,4,5-T 2.0 0.646 EHW B,H,+ 2 la
93-76-5 U232 2,4,5-trichlorophenoxyacetic acid 2.0 0.646 EHW B,H,+ 2 la
94-58-6 U090 benzene, 1,2-methylenedioxy-4-propyl- 563 182 DW D,+ 4 V
94-58-6 U090 dihydrosafrole 563 182 DW D,+ 4,13 V
94-59-7 U203 benzene, 1,2-methylenedioxy-4-allyl- 563 182 DW D,+ 4 V
94-59-7 U203 Safrole 563 182 DW D,+ 4,13 V
94-75-7 U240 2,4-D,salts and esters 100 32.29 EHW B,H 2 la
95-50-1 U070 benzene, 1,2-dichloro 10 3.2 EHW B,H 4 IV
95-50-1 U070 o-dichlorobenzene 10 3.23 EHW B,H 4 IV
95-57-8 U048 o-chlorophenol 0.1 0.032 EHW D,H 4 Ila
95-57-8 U048 phenol,2-chloro- 0.1 0.032 EHW D,H 4 Ila
95-94-3 U207 benzene, 1,2,4,5-tetrachloro- 3.1 1.0 EHW D,H 4 V
95-94-3 U207 1,2,4,5-tetrachlorobenzene 3.1 1.00 EHW D,H 4 V
95-95-4 U230 phenol,2,4,5-trichloro- 1 0.323 EHW A,H 4 Ila
95-95-4 U230 2,4,5-trichlorophenol 1.0 0.323 EHW A,H 4 Ila
96-12-8 U066 1,2-dibromo-3-chloropropane 0.05 0.02 EHW C,H,+ 3 IV
96-12-8 U066 propane, 1,2-dibromo-3-chloro 3.1 1.00 EHW C,H,+ 3 V
96-45-7 U116 ethylene thiourea 563 182 DW D,+ 10 V
96-45-7 U116 2-imidazolidinethione 563 182 DW D,+ 9 V
97-63-2 U118 ethyl methacrylate 563 182 DW I 12 V
97-63-2 U118 2-propenoic acid,2-methyl-,ethyl ester 563 182 DW D 12 V
98-01-1 U125 2-furancarboxaldehyde 3.1 1.00 EHW C,I 11 V
98-01-1 U125 Furfural 3.1 1.00 EHW C,I 9 V
98-95-3 U169 benzene,nitro- 19800 6394.1 EHW C,I 4 IV
98-95-3 U169 nitrobenzene 19800 6395 EHW C,I 4,9 Ila
99-35-4 U234 benzene, 1,3,5-trinitro- 563 182 DW D,R 4,9 V
99-35-4 U234 sym-trinitrobenzene 563 182 DW D,R 4,9 V
99-55-8 U181 benzenamine,2-methyl-5-nitro- 563 182 DW D 9 V
99-55-8 U181 5-nitro-o-toluidine 563 182 DW D 9 V
100-01-6 P077 benzeneamine,4-nitro- 3.1 1.0 EHW D,? 4,9 V
100-01-6 P077 p-nitroaniline 3.1 1.00 EHW D,? 4,9 V
100-02-7 P170 p-nitrophenol 3.1 1.00 EHW C 4,9 V
100-41-4 0004 ethyl benzene 100 32.3 IV
100-42-5 0009 stryene 50 16.1 IV
100-44-7 P028 benzene,chloromethyl- 3.1 1.0 EHW B,H,+ 4 V
100-44-7 P028 Benzyl chloride 3.1 1.0 EHW B,H,+ 4 _V
100-75-4 U179 pyridine,hexahydro-N-nitroso- 3.1 1.00 EHW C,+ 9 V
P:\Community Development\Development Regulations\Title 21 Environmental Contrls\Critical Materials List
Updated.xls 7 of 28
SVMC Title 21 Appendix B
c 2 c -a a)
0 0
Hazardous m J w N co c
CAS# Waste ID Substance Name r g ' C, Y c = m a
� 0z 0 o .7) a
number 0 o w o:
U
10102-43-9 P076 nitric oxide 3.1 1.00 EHW B 1 V
10102-43-9 P076 Nitrogen(II)oxide 3.1 1.00 EHW B 1 V
10102-44-0 P078 nitrogen dioxide 3.1 1.00 EHW A 1 V
10102-44-0 P078 Nitrogen(IV)oxide 3.1 1.00 EHW A 1 V
101-55-3 U030 benzene, 1-bromo-4-phenoxy- 3.1 1.0 EHW H 4 V
101-55-3 U030 4-bromophenyl phenyl ether 3.1 1.0 EHW H 6 V
103-85-5 P093 N-phenylthiourea 3.1 1.00 EHW A 4,9 V
103-85-5 P093 thiourea,phenyl 3.1 1.00 EHW A 4 V
105-40-8 U178 Carbamic acid,methylnitroso-,ethyl ester 3.1 1.00 EHW C,+ 9 V
105-67-9 0001 2,4-dimethylphenol 400 129 Ila
106-47-8 P024 benzenamine,4-chloro- 3.1 1.0 EHW C,H 4 V
106-47-8 P024 p-chloroaniline 3.1 1.00 EHW C,H 4 V
106-89-8 U041 1-chloro-2,3-epoxypropene 3.1 1.00 EHW C,H,+ 13 V
106-89-8 U041 Oxirane,2-(chloromethyl)- 3.1 1.00 EHW C,H,+ V
107-02-8 P003 Acrolein 0.32 0.103 EHW X 11 Ila
107-02-8 P003 2-propenal 3.1 1.00 EHW X 11 V
107-12-0 P101 ethyl cyanide 393 126.91 EHW B 1 Ila
107-12-0 P101 propanenitrile 3.1 1.00 EHW B 9 V
107-13-1 U009 Acrylonitrile(Vinyl cyanide) 0.58 0.187 EHW C,+,I 9 X
107-13-1 U009 2-propenenitrile 3.1 1.00 EHW C,+,I 9 X
107-18-6 P005 Allyl alcohol 3.1 1.0 EHW 13,1 11 V
107-18-6 P005 2-propen-1-ol 10 3.23 EHW 6,1 11 V
107-19-7 P102 propargyl alcohol 3.1 1.00 EHW X 11 V
107-19-7 P102 2-propyn-1-ol 3.1 1.00 EHW X 11 V
107-20-0 P023 chloroacetaldehyde 3.1 1.00 EHW B,H 11 V
107-21-1 0017 ethylene glycol 100 32.3 III
107-30-2 U046 chloromethyl methyl ether 3.1 1.00 EHW D,H+ 6 V
107-30-2 U046 methan,chloromethoxy 3.1 1.00 EHW D,H,+ 13 V
107-49-3 P111 pyrophosphoric acid,tetraethyl ester 3.1 1.00 EHW A 12 V
107-49-3 P111 tetraethylpyrophosphate 3.1 1.00 EHW A 1 V
108-38-3, 0008 m-xylene 1100 355 IV
108-60-1 U027 bis(2-chloroisopropyl)ether 3.1 1.0 EHW C,H,0 6 V _
108-60-1 U027 propane,2,2'oxybis[2-chloro]- 3.1 1.00 EHW C,H2O 3 V
108-90-7 U037 benzene,chloro- 72 23.3 EHW B,H,I 4 Vila
108-90-7 U037 chlorobenzene 72 23.3 EHW B,H,I 4 IV
108-94-1 U057 cyclohexanone 3.1 1.00 EHW C,I 11 V
108-98-5 P014 Benzenethiol 3.1 1.0 EHW A 4 V
108-98-5 P014 thiophenol 3.1 1.00 EHW A 4 V
110-75-8 U042 2-chloroethyl vinyl ether 3.1 1.00 EHW C,H, 6
110-75-8 U042 ethane,2-chlorethoxy- 3.1 1.00 EHW C,H 13 V
110-86-1 U196 pyridine 3.1 1.00 EHW C,I 9 V
111-44-4 U025 dichloroethyl ether 3.1 1.00 EHW C,H 12 V
111-44-4 U025 ethane, 1,1'-oxybis[2-chloro- 3.1 1.00 EHW C,H 13 V
111-44-4 0010 bis(2-chloroethyl)ether 0.3 0.097 Ila
111-54-6 U114 1,2-ethanediylbiscarbomothioic acid 3.1 1.00 EHW B V
111-54-6 U114 Ethylenebis(dithiocarbamic acid),salts and esters 3.1 1.00 EHW_ B 2 V
111-91-1 U024 bis(2-chloroethoxy)methane 3.1 1.0 EHW C,H 6 V
111-91-1 U024 ethane, 1,1'-[methylenebis(oxy)]bis[2-chloro-] 3.1 1.00 EHW C,H 13 V
115-02-6 U015 Azaserine 3.1 1.00 EHW C,+ 9 V
115-02-6 U015 L-serine,diazoacetate(ester) 3.1 1.00 EHW C,+ 12 V
115-29-7 P050 endosulfan 75 24.22 EHW X,H 2 Ila
115-29-7 P050 5-norborene-2,3-dimethanol, 1,4,5,6,7,7-hexachloro, 3.1 1.00 EHW X,H V
cyclic sulfite
P:\Community Development\Development Regulations\Title 21 Environmental Contrls\Critical Materials List
Updated.xls 8 of 28
SVMC Title 21 Appendix B
cc .o °
° c o
Hazardous w y m
CAS# Waste ID Substance Name ` m m - s 0 0) = 10 8
aU
number V o s r o 0. rX
V U
116-06-3 P070 Aldicarb 3.1 1.0 EHW B 2 Vila
116-06-3 P070 propanal,2-methyl-2(methylthio)- 3.1 1.00 EHW B 2 V
116-06-3 P070 0-[(methylamino)carbonyl]oxime 3.1 1.00 EHW B 2 V
117-81-7 U028 1,2-benzenedicarboxylic acid[bis(2-ethyl-hexyl)]ester 563 182 DW ? 4 V
117-81-7 U028 bis(2-ethylthoxyl)phthalate 563 182 DW ? 7 V
117-81-7 0002 bis-(2-ethylhexyl)phthalate 15000 4845 Ila
12039-52-0 P114 thallium(I)selenide 19 6.14 EHW C 1 Ila
120-82-1 0003 1,2,4-trichlorobenzene 0.0072 0.002 Ila
121-14-2 0006 2,4-dinitrotoluene 1.1 0.355 Ila
122-09-8 P046 alpha,alpha-dimethylphenethyiamine(a,a- 3.1 1.00 EHW C 9,4 V
dimethylphenethylamine)
122-09-8 P046 ethanamine, 1,1-dimethyl-2-phenyl 3.1 1.00 EHW C 9 V
12612-55-4 P073 nickel carbonyl 39 12.6 EHW B 1 Ila
1303-28-2 P011 Arsenic(V)oxide 77 24.9 EHW B 1 la
1303-28-2 P011 Arsenic pentoxide 77 24.9 EHW B 1 la
1314-32-5 P113 thallic oxide 15 4.84 EHW B 1 Ila
1314-32-5 P113 thallium(III)oxide 15 4.84 EHW B 1 Ila
1314-62-1 P120 vanadium pentoxide 3.1 1.00 EHW B 1 V
1314-62-1 P120 vanadium(V)oxide 3.1 1.00 EHW B 1 V
1314-84-7 P122 zinc phosphide 6580 2125 EHW B,R 1 lb
1314-96-1 P107 strontium sulfide 3.1 1.00 EHW R,? 1 V
131-74-8 P009 phenol,2,4,5-trinitro-, ammonium salt 3.1 1.00 EHW R,? 4,9 V
131-89-5 P034 4,6-dinitro-o-cyclohexylphenol 3.1 1.00 EHW C 4,9 V
131-89-5 P034 phenol,2-cyclohexyl-4,6-dinitro- 3.1 1.00 EHW C 4,9 V
1319-77-3 U052 Cresols 3.1 1.00 EHW B 4 V
1319-77-3 U052 cresylic acid 3.1 1.00 EHW B 4 V
1327-53-3 P012 Arsenic(III)oxide 66 21.3 EHW B,+ 1 la
1327-53-3 P012 Arsenic trioxide 66 21.3 EHW B,+ 1 la
13463-39-3 P073 nickel tetracarbonyl 39 12.6 EHW B 1 Ila
13765-19-0 U032 Calcium chromate 196 63.3 EHW C,+,EP 1 la
13765-19-0 U032 chromic acid,calcium salt 196 63.3 EHW C,H,+ 1 Ila
143-33-9 P106 sodium cyanide 377 122 EHW B 1 Ila
145-73-3 P088 Endothall 3.1 1.00 EHW B 2 V
145-73-3 P088 7-oxabicyclo[2,2,1]heptane,2,3-dicarboxlic acid 3.1 1.00 EHW B 10 V
151-50-8 P098 potassium cyanide 330 107 EHW A 1 Ila
151-56-4 P054 Azirdine 3.1 1.0 EHW B+ V
151-56-4 P054 ethylenimine 3.1 1.00 EHW B,+ 9 V
152-16-9 P035 diphosphoramide,octamethyl 3.1 1.00 EHW ? 9,1 V
152-16-9 P085 octamethylphosphoramide 3.1 1.00 EHW A 9 V
152-16-9 P085 Osmium oxide 3.1 1.00 EHW B 1 V
16752-77-5 P066 Acetimidic acid, N[(methylcar 3.1 1.00 EHW B 12,9 V
16752-77-5 P066 methomyl 3.1 1.00 EHW B 2,9 V
20816-12-0 P087 osmium trioxide 3.1 1.00 EHW B 1 V
20859-73-8 P006 Aluminum phosphide 3.1 1.0 EHW B,R 1 V
218-01-9 U050 1,2-benzphenanthrene 0.028 0.009 EHW P,+ 5 Ila
218-01-9 U050 chrysene 0.028 0.009 EHW P,+ 5 Ila
2763-96-4 P007 5-Aminomethyl-3-isoxazolol 3.1 1.0 EHW B 9 V
2763-96-4 P007 3(2H)-isoxazolone,5-(aminomethyl)- 3.1 1.00 EHW B 4,9 V
297-97.' P040 n 0-diethy!-O-pyrszeny!phncphorothioate 3.1 1.00 EHW A 2 V
297-97-2 P040 phosphorothioic acid,0,0-diethyl 0-pyravinyl ester 3.1 1.00 EHW A 2 V
298-00-0 P071 0,0-dimethyl 0-nitrophenyl phosphorothioate 3.1 1.00 EHW A 2 V
298-00-0 P071 methyl parathion 3.1 1.00 EHW A 2 V
P:\Community Development\Development Regulations\Title 21 Environmental Contrls\Critical Materials List
Updated.xls 9 of 28
SVMC Title 21 Appendix B
0 C G -a 0
° o
Hazardous m J w io N . c
CAS# Waste ID Substance Name c . O ° = m :-'
Va) O .y
number < 0 m
C
w Ce
U
298-02-2 P094 phorate 3.1 1.00 EHW X 2 V
298-02-2 P094 phosphorothiac acid,0,0-diethyl S-(ethylthio)methyl 3.1 1.00 EHW X 3 V
ester
298-04-4 P039 0,0-diethyl S-[2-(ethylthio)ethyl]phosphorodithioate 3.1 1.00 EHW A 2 V
298-04-4 P039 disulfoton 3.1 1.00 EHW A 2 V
302-01-2 U133 Hydrazine 3.1 1.00 EHW B,+,R 9 V
305-03-3 U035 4-[bis(2-chloro-ethyl)amino]benzene-1,3-butanoicacid 3.1 1.0 EHW H+ 4,9 V
305-03-3 U035 Chlorambucil 3.1 1.00 EHW H,+ 4,9 V
309-00-2 P004 Aldrin 0.00074 0.0002 EHW X,H 2 Ila
309-00-2 P004 1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-hexahydro 3.1 1.00 EHW B,H 2 V
1,4:5,8 endo,exo-dimethanophthalene
311-45-5 P041 diethyl-p-nitrophenyl phosphate 3.1 1.00 EHW A 4 V
311-45-5 P041 phosphoric acid,diethyl p-nitrophenyl ester 3.1 1.00 EHW V
3165-93-3 U049 benzenamine,4-chloro-2-methyl- 3.1 1.0 EHW H 4,9 V
3165-93-3 U049 4-chloro-o-toluidine,hydrochloride 3.1 1.00 EHW H 8 V
357-57-3 P018 Brucine 3.1 1.0 EHW A 5,9 V
357-57-3 P018 strychnidin-10-one,2,3-dimethoxy- 3.1 1.00 EHW A 2 V
3689-24-5 P109 dithiopyrophosphoric acid tetraethyl ether 3.1 1.00 EHW A 12 V
3689-24-5 P109 tetraethyldithiopyrophosphate 3.1 1.00 EHW A 1 V
39196-18-4 P045 0,0-dimethyl-1-(methylthio)-2-butanone,0 3.1 1.00 EHW B 2 V
[(methylamino)carbonyl]oxime
39196-18-4 P045 thiofanox 3.1 1.00 EHW B 2 V
4170-30-3 U053 2-butenal 3.1 1.0 EHW B,I 11 V I
4170-30-3 U053 crotonaldehyde 3.1 1.00 EHW 13,1 11 V
4549-40-0 P084 ethenamine, N-methyl-N-nitroso- 3.1 1.00 EHW B,+ 9 V
4549-40-0 P084 N-nitrosomethylvinylamine 3.1 1.00 EHW B,+ 9 V
460-19-5 P031 cyanogen 3.1 1.00 EHW 13,1 1 V
465-73 6 P060 1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-hexahydro 3.1 1.00 EHW B,H 2 V
1,4:5,8 endo,endo-dimethanophthalene
465-73-6 P060 hexachlorohexahydro-endo,endo- 3.1 1.00 EHW B,H 2 V
dimethanonaphthalene
492-80-8 U014 Auramine 563 182 DW + 9 V
492-80-8 U014 benzenamine,4,4-carbonimidoylbis(N,N-dimethyl)- 563 182 DW + 9 V
494-03-1 U026 Chlornaphazine 0.028 0.009 EHW H,+ 5 Ila
494-03-1 U026 2-naphthylamine,N,N'-bis(2-chloro-methyl)- 3.1 1.00 EHW H,+ 9 V
Azirino(2',3:3,4)pyrrolo(1,2a)in dole-4,7-dione,6-amino-
50-07-7 U010 8[((amino carbonyl)oxy)methyl]-1,1a,2,8,8a,8b- 3.1 1.0 EHW B+ V
hexahydro-8 a-methoxy-5-m eth y l
50-07-7 U010 Mitomycin C 3.1 1.00 EHW B,+ V
50-32-8 U022 Benzo[a]pyrene 0.028 0.009 EHW P,+ 5 Ila
50-32-8 U022 3,4-benzopyrene 0.028 0.009 EHW P,+ 5 Ila
504-24-5 P008 4-Aminopyridine 3.1 1.0 EHW B 9 V
504-24-5 P008 4-pyridinamine 3.1 1.00 EHW B 9 V
506-61-6 P099 potassium silver cyanide 93 30.0 EHW A 1 la
506-64-9 P104 silver cyanide 62 20.0 EHW C 1 la
506-68-3 U256 Bromine cyanide 815 263.2 EHW C,H 1 Ila
506-77-4 P033 Chlorine cyanide 488 157.6 EHW A,H 1 Ila
506-77-4 P033 cyanogen chloride 3.1 1.00 EHW A,H 1 Ila
509-14-8 P112 methane,tetranitro 3.1 1.00 EHW A,R 9 V
509-14-8 P112 tetronitromethane 3.1 1.00 EHW A,R 9 V
i
P:\Community Development\Development Regulations\Title 21 Environmental Contrls\Critical Materials List
Updated.xls 10 of 28
SVMC Title 21 Appendix B
c E c a m
0
E o
Hazardous c`oi ? -I ; °" y cc c
w
CAS# Waste ID Substance Name :r• c a . ' O a, s m d
U Z f9 'N Q V d
number U o y p w IX
U U
510 15-6 U038 Benzeneacetic acid,4-chloro-alpha-(4-chlorophenyl) 3.1 1.0 EHW H 4,12 V
alpha-hydroxy,ethyl ester
510-15-6 U038 ethyl 4,4'-dichlorobenzilate 3.1 1.00 EHW D,H 4 V
51-28-5 P048 2,4-dinitrophenol 70 22.61 EHW B 4,9 Ila
51-28-5 P048 phenol,2,4-dinitro- 70 22.6 EHW B 4,9 Ila
51-43-4 P042 1,2-benzenediol,4-[1-hydroxy-2-(methylamino)ethyl]- 3.1 1.0 EHW B 4,9 V
51-43-4 P042 Epinephrine 3.1 1.00 EHW B V
52-85-7 P097 phosphorothioic acid,0,0-dimethyl 0-[p 3.1 1.00 EHW A 2 V
((dimethylamino)-sulfonyl)]ester
5344-82-1 P026 1-(o-chlorophenyl)thiourea 3.1 1.00 EHW A,H 4 V
5344-82-1 P026 thiourea,(2-chlorophenyl)- 3.1 1.00 EHW A,H 4 V
534-52-1 P047 4,6-dinitro-o-cresol and salts 13.4 4.33 EHW B 4,9 Ila
534-52-1 P047 phenol,2,4-dinitro-6-methyl-,and salts 3.1 1.00 EHW B 4,9 V
53-86-1 U245 indomethacin 0.028 0.01 EHW B,H 5,9 Ila
53-96-3 U005 acetamide, N-9H-fluoren-2-yl- 0.028 0.009 DW ? 5,9 Ila
53-96-3 U005 2-acetylaminofluorine 563 182 DW ? 9 V
54-11-5 P075 nicotine and salts 3.1 1.00 EHW B 4 V
54-11-5 P075 pyridine,(S)-3-(1-methyl-2-pyrrodidinyl)-and salts 3.1 1.00 EHW B 9 V
541-53-7 P049 2,4-thiobiuret 423 136.60 EHW A 9 Ila
541-53-7 P049 thiomidodicarbonic diamide 3.1 1.00 EHW A 9 V
542-62-1 P013 Barium Cyanide 727 234.8 EHW A 1 V
542-76-7 P027 3-chloropropionitrile 3.1 1.00 EHW B,H 3,9 V
542-76-7 P027 propanenitrile,3-chloro- 3.1 1.00 EHW B,H 3,9 V
542-88-1 P016 methan,oxybis(chloro)- 3.1 1.00 EHW B,H,+ 3 V
544-92-3 P029 copper cyanides 688 222.18 EHW B 1 Ila
55-63-0 P081 nitroglycerine 3.1 1.00 EHW R,? 9,11 V
55-63-0 P081 1,2,3-propanetrio,trinitrate- 3.1 1.00 EHW R,? 9 V
557-19-7 P074 nickel cyanide 28 9.04 EHW D,R,? 1 Ila
557-19-7 P074 nickel(II)cyanide 28 9.04 EHW D,R,? 1 Ila
557-21-1 P121 zinc cyanide 700 226 EHW C 1 Ila
55-91-4 P043 diisopropyl flurophosphate 3.1 1.00 EHW B,H 12,1 V
55-91-4 P043 phosphofluoridic acid bis(1-methyl-ethyl)-ester 3.1 1.00 EHW B,H 2 V
56-38-2 P089 Parathion 3.1 1.00 EHW X 2 V
56-38-2 P089 phosphorothioic acid,0,0-diethyl O-(P-nitophenyl)ester 3.1 1.00 EHW X 2 V
56-55-3 U018 Benz[a]anthracene 0.028 0.009 EHW P,+ 5 Ila
56-55-3 U018 1,2-Benzanthracene 0.028 0.009 EHW P,+ 5 Ila
57-24-9 P108 strychnidin-10-one,and salts 3.1 1.00 EHW B 2 V
57-24-9 P108 strychnine and salts 3.1 1.00 EHW B 2 V
57-74-9 U036 Chlordane,technical 3.1 1.00 EHW X,H 2 lib
57-74 9 U036 4,7-methanoindan,1,2,3,4,5,6,7,8,8-octachloro 3.1 1.00 EHW X,H 4 V
3a,4,7,7a-tetrahydro-
591-08-2 P002 acetamide,N-(aminothioxomethyl)- 3.1 1.00 EHW B 9 V
591-08-2 P002 1-acety1-2-thiourea 3.1 1.00 EHW B 11 V
592-01-8 P021 Calcium cyanide 508 164.1 EHW B 1 Ila
59-50-7 U039 4-chloro-m-cresol 3.1 1.00 EHW H 4 V
59-50-7 U039 phenol,4-chloro-3-methyl- 3.1 1.00 EHW H 4 V
598-31-2 P017 Bromoacetone 3.1 1.0 EHW C,H 3,11 V
598-31-2 P017 propanone, 1,bromo- 3.1 1.00 EHW C,H 3,11 V
60-34-4 P068 hydrazine,methyl 3.1 1.00 EHW A,i 9 V
60-34-4 P068 methyl hydrazine 3.1 1.00 EHW A,I 9 V
60-51-5 P044 dimethoate 3.1 1.00 EHW A 2 V
P:\Community Development\Development Regulations\Title 21 Environmental Contrls\Critical Materials List
Updated.xls 11 of 28
SVMC Title 21 Appendix B.
C
0 a
c 0
Hazardous m n1°i N c
CAS# Waste ID Substance Name r c - a . O m
` _ 0 .N < U w
number V c d a °'
U 'C uJ
U
60-51 5 P044 phosphorodithioic acid,0,0-dimethyl S-[2-methylamino) 3.1 1.00 EHW A 2 V
2-oxoethyl]ester
60-57-1 P037 dieldrin 0.00071 0.001 EHW X,H,+ 2 Ila
60 57-1 P037 1,2,3,4,10,10-hexachloro-6,7-epoxy-1,4,4a,5,6,7,8,8a- 0.00071 0.001 EHW X,H,+ 2 Ila
octahydro-endo,exo, 1,4,5,8-dimethanophthalene
606-20-2 0007 2,6-dinitrotoluene 1.1 0.355 Ila
61-82-5 U011 Amitrole 563 182 DW D,+ V
61-82-5 U011 1H-1,2,4-triazol-3-amine 563 182 DW D,+ 9 V
62-38-4 P092 mercury,(acetato-0)phenyl- 3.4 1.10 EHW B 4,1 la
62-38-4 P092 phenylmercuric acetate 3.4 1.10 EHW B 4,1 la
624-83-9 P064 isocyanic acid,methyl ester 3.1 1.00 EHW I,? 9,12 V
624-83-9 P064 methyl isocyanate 3.1 1.00 EHW I,? 9 V
62-53-3 U012 Aniline 3.1 1.00 EHW C,I 4,9 V
62-53-3 U012 Benzenamine 3.1 1.00 EHW C,I 4,9 V
62-74-8 P058 acetic acid fluoro-,sodium salt 3.1 1.00 EHW A,H 3,11 V
62-74-8 P058 fluoroacetic acid,sodium salt 3.1 1.00 EHW A,H 11 V
62-75-9 P082 dimethylnitrosamine 3.1 1.00 EHW B,+ 9 V
62-75-9 P082 N-nitrosodimethylamine 0.014 0.004 EHW B,+ 9 Ila
62-75-9 P082 phenol,2,6-dichloro- 3.1 1.00 EHW D,H 4 V
628-86-4 P065 fulminic acid,mercury(II)salt 3.2 1.03 EHW R,? 1 la
628-86-4 P065 mercury fulminate 3.2 1.03 EHW R,? 1 la
630-10-4 P103 carbamimidsoselenoic acid 3.1 1.00 EHW B 3,1 la
630-10-4 P103 Selenourea 18 5.81 EHW B 1 la
640-19-7 P057 acetamide,2-fluoro- 3.1 1.00 EHW B,H 9 V
640-19-7 P057 fluoroacetamide 3.1 1.00 EHW B,H 9 V
67-63-0 0018 isopropyl alcohol 1000 323 III
67-64-1 U002 Actone 563 182 DW D,I 11 V
67-64-1 U002 2-propanone 563 182 DW D,I 11 V
692-42-2 P038 arsine,diethyl 3.1 1.0 EHW B 1,10 Ha
692-42-2 P038 diethylarsine 89 28.74 EHW B 1,10 Ha
696-28-6 P036 dichlorophenylarsine 3.1 1.00 EHW B,H 4 V
696-28-6 P036 phenyl dichloroarsine 3.1 1.00 EHW B,H 4,9 V
71-36-3 U031 1-butanol 563 182 DW D,I 11 V
71-36-3 U031 n-butyl alcohol 563 182 DW D,I 11 V
71-43-2 U019 benzene 6.7 2.2 EHW C,+,I 4 IV
72-20-8 P051 Endrin 0.2 0.06 EHW X,H 2 1a
72-20-8 P051 1,2,3,4,10,10-hexachloro-6,7-epoxy-1,4,4a,5,6,7,8,8a 3.1 1.00 EHW X,H 2 V
octahydro-endo,endo, 1,4,5,8-dimethanophthalene
72-43-5 0016 methoxychlor 100 32.3 la
7439-89-6 1018 iron salts,NEC 300 96.9 1 lb
7439-95-4 1009 magnesium salts,NEC 400 129 1 VI
7439-96-5 1020 manganese salts,NEC 50 16.15 1 lb
7439-97-6 1021 mercury salts,NEC 2 0.65 1 la j
7440-02-0 1022 nickel salts,NEC 13.4 4.33 1 Ila
7440-22-4 1024 silver salts,NEC 50 16.15 1 la 1
7440-23-5 1025 sodium salts,NEC 500 161 1 VI I
7440-28-0 1026 thallium salts,NEC 13.4 4.33 1 Ila
7440-36-0 1010 antimony salts,NEC 0.145 0.05 1 Ila
7440-38-2 1011 arsenic salts,NEC 50 16.15 1 la
7440-39-3 1012 barium salts,NEC 1000 322.93 1 la
7440-41-7 P015 Beryllium dust 0.037 0.012 EHW C,+ 1 Ila
P:\Community Development\Development Regulations\Title 21 Environmental Contrls\Critical Materials List
Updated.xls 12 of 28
SVMC Title 21 Appendix B
c c c 'a
0 0
++ �p U
Hazardous m O. -I 2 w' N N c
CAS# Waste ID Substance Name w r O _ m
m
number c`.5
o = en ct0 w U
0 U
7440-41-7 1013 beryllium salts,NEC 0.037 0.01 1 Ila
7440-43-9 1015 cadmium salts,NEC 10 3.23 1 la
7440-47-3 1016 chromium salts,NEC 50 16.15 1 la
7440-50-8 1017 copper salts,NEC 1000 323 1 la
7440-66-6 1027 zinc salts, NEC 5000 1615 1 lb
7440-70-2 1008 calcium salts,NEC 7000 2260.54 1 VI
7446-18-6 P115 sulfuric acid,thallium(I)salt 3.1 1.00 EHW B 1 V
7446-18-6 P115 thallium(I)sulfate 17 5.49 EHW B 1 Ila
74-83-9 U029 methane,bromo 1400 452 EHW H 3 Ila
74-83-9 U029 methyl bromide 1400 452 EHW H 3 Ila
74-87-3 U045 methane,chloro 13800 4456.50 EHW H,I 3 Ila
74-87-3 U045 methyl chloride 13800 4457 EHW H,I 3 Ila
74-90-8 P063 hydrocyanic acid 208 67.17 EHW A 1 Ila
74-90-8 P063 hydrogen cyanide 208 67.17 EHW A 1 Ila
75-01-4 U043 ethane,chloro- 3.1 1.00 EHW D,H,+ 3 V
75-01-4 U043 vinyl chloride 10.0 3.23 EHW D,H,+ 3 IV
75-05-8 U003 Acetonitrile 3.1 1.00 EHW C,l 9 X
75-05-8 U003 ethanenitrile 3.1 1.00 EHW C 9 V
75-07-0 U001 Acetaldehyde 3.1 1.00 EHW C 11 V
75-07-0 U001 Ethanal 3.1 1.00 EHW C 11 V
75-15-0 P022 carbon disulfide 3.1 1.00 EHW D,I,? 1 V
75-15-0 P022 carbon bisulfide 3.1 1.00 EHW D,I,? 1 V
75-36-5 U006 Acetyl chloride 3.1 1.00 EHW C,H2O 11 V
75-36-5 U006 ethanoyl chloride 3.1 1.00 EHW C,H2O 11 V
75-44-5 P095 Carbonyl chloride 3.1 1.00 EHW B,H 1 V
75-44-5 P095 phosgene 3.1 1.00 EHW B,H 1 V
75-55-8 P067 2-methylazindine 3.1 1.00 EHW B,=,I 9 V
75-55-8 P067 1,2-propylenimine 3.1 1.00 EHW B,+,I 9 V
75-70-7 P118 methanethiol,trichloro- 3.1 1.00 EHW H 3,11 V
75-70-7 P118 trichloromethanol 3.1 1.00 EHW H 11 V
757-58-4 P062 hexethyl tetraphosphate 3.1 1.00 EHW B V
757-58-4 P062 tetraphosphoric acid,hexaethyl ester 3.1 1.00 EHW B 12 V
75-86-5 P069 2-methyllactonitrite 3.1 1.00 EHW A 9 V
75-86-5 P079 propanenitrile,2-hydroxy-2-methyl- 3.1 1.00 EHW A 9 V
75-87-6 U034 acetaldehyde,trichloro 3.1 1.00 EHW H 3,11 V
75-87-6 U034 chloral 563 182 DW ? 1 V
76-44-8 P059 Heptachlor 0.00278 0.001 EHW X,H,+ 2 Ilb
76-44-8 P059 4,7-methano-IH-indene,1,4,5,6,7,8,8-heptachloro 0.028 0.01 EHW X,H,+ 5 Ila
3a,4,7,7a-tetra hyd ro-
7664-41-7 1001 ammonium salts,NEC 500 162 1 Ilb
77-47-4 P130 hexachlorocyclopentadiene 3.1 1.00 EHW X,H 3 V
7778-39-4 P010 Arsenic acid 72 23.3 EHW B 1 la
7782-41-4 P056 fluorine 3.1 1.00 EHW B 1 V
7782-49-2 1023 selenium salts,NEC 10 3.23 1 la
78-00-2 P110 plumbane,tetraethyl- 76 24.5 EHW A 1,10 la
78-00-2 P110 tetraethyl lead 76 24.5 EHW A 1 la
7803-51-2 P096 hydrogen phosphide 3.1 1.00 EHW B,I 1 V
7803-51-2 P096 phosphine 3.1 1.00 EHW B,I 1 V
7803-55-6 P119 Ammonium vanadate 3.1 1.0 EHW B 1 V
7803-55-6 P119 vanadic acid,ammonium salt 3.1 1.00 EHW B 1 V
78-59-1 0014 isophorone 5200 1680 iia
79-06-1 U007 Acrylamide 3.1 1.00 EHW C 9 L X
79-06-1 U007 propenamide 3.1 1.00 EHW C 9 V
P:\Community Development\Development Regulations\Title 21 Environmental Contrls\Critical Materials List
Updated.xls 13 of 28
SVMC Title 21 Appendix B
C C c 'O d7
0
Hazardous �v ? N N C
w m
CAS# Waste ID Substance Name m a) - . o a� z m d
number v " v y ¢ V m
` 0 W
(
U
79-10-7 U008 Acrylic acid 3.1 1.00 EHW C,O,1 11 V
79-10-7 U008 propanoic acid 3.1 1.00 EHW C,0,I 11 V
79-19-6 P116 hydrazinecarbothioamide 3.1 1.00 EHW B 9 V
79-19-6 P116 thiosemicarbozide 3.1 1.00 EHW B,H,+ 9 V
8001-35-2 P123 octachlorocamphene 3.1 1.00 EHW X,H 3 V
8001-35-2 0015 toxaphene 5.0 1.61 la
8001-58-9 U051 creosote 3.1 1.00 EHW B 4 V
81-81-2 P001 3-(alpha-acetonylbenzyl)-4-hydroxycoumarin and salts 3.1 1.00 EHW A 2 V
81-81-2 P001 Warfarin 3.1 1.00 EHW A 2 V
•
86-30-6 0013 N-nitrosodiphenylamine 49 15.8 Ila
86-88-4 P072 alpha-naphthylthiourea 3.1 1.00 EHW B 5 V
86-88-4 P072 thiourea, 1-naphthalenyl- 3.1 1.00 EHW B 5 V _
88-85-7 P020 Dinoseb 3.1 1.00 EHW B 2 V
88-85-7 P020 phenol,2,4-dinitro-6-(1-methyl-propyl)- 3.1 1.00 EHW B 4,9 V
9004-66-4 U139 ferric dextran 563 182 DW + 1,11 V
9004-66-4 U139 iron dextran 563 182 DW + 1,11 V
9004-66-4 U139 1,2-oxathiolane,2,2-dioxide 563 182 DW + 13 V
91-58-7 U047 beta-chloronaphthalene(13-chloronaphthalene) 0.028 0.009 EHW D,H 5 Ila
91-58-7 U047 naphthalene,2-chloro- 3.1 1.00 EHW D,H 5 V
924-16-3 0011 N-nitroso-di-N-butylamine 0.064 0.021 Ila
92-87-5 U021 Benzidine 0.00116 0.000 EHW B,+ 4,9 Ila
92-87-5 U021 4,4'-diamino-1,1'-biphenyl 0.00116 0.001 EHW B,+ 4,9 Ila
930-55-2 0012 N-nitrosopyrrolidine 0.16 0.052 Ila
94-75-7 U240 2,4-dichlorophenoxyacetic acid,salts and esters 100 32.29 EHW B,H 2 la
98-07-7 U023 acetaldehyde,chloro 3.1 1.00 EHW B,H 3,11 V
98-07-7 U023 benzene,trichloromethyl- 3.1 1.0 EHW H2O,R 4 V
98-07-7 U023 benzotrichloride 3.1 1.0 EHW H2O,R 4 V
98-09-9 U020 Benzenesulfonic acid chloride 3.1 1.0 EHW D,H2O 4 V
98-09-9 U020 Benzenesulfonyl chloride 3.1 1.0 EHW D,H2O 4 V
98-82-8 U055 benzene, 1-methylethyl- 3.1 1.0 EHW C,I 4 V
98-82-8 U055 cumene 3.1 1.00 EHW C,I 4 V
98-82-8 0005 isopropyl benzene 100 32.3 IV
98-86-2 U004 acetophenone 563 182 DW D 11 V
98-86-2 U004 ethanone, 1-phenyl- 563 182 DW D 4 V
98-87-3 U017 Benzal chloride 3.1 1.0 EHW D,H 4 V
98-87-3 U017 benzene,dichloromethyl 3.1 1.0 EHW D,H 4 V
98-87-3 U017 phenol,4-nitro- 3.1 1.00 EHW C 4,9 V
1002 chloride salts, NEC 800 258.35 1 VI
•
1003 cyanide salts, NEC 200 64.59 1 Ila
1004 fluoride salts, NEC 200 64.59 1 la
1005 nitrate-nitrogen salts,NEC 400 129.17 1 VI
1006 sulfate salts,NEC 3000 968.80 1 VI
1007 total hardness 17000 5489.89 1 VI
1014 boron salts,NEC 10 3.23 1 Ila
1019 lead salts,NEC 50 16.15 1 la
0019 oil and grease 1000 323 lb
0020 gasoline 1000 323 lb
0021 diesel(fuel oil) 1000 323 lb
0022 Phenols,NEC 1.0 0.323 _ Ilb
P:\Community Development\Development Regulations\Title 21 Environmental Contrls\Critical Materials List
Updated.xls 14 of 28
SVMC Title 21 Appendix B
KEY TO SYMBOLS
I.D.NUMBER E.P.A.HAZARD CLASS
Uxxx EPA Hazardous waste number X Toxicity,Category X
Pxxx EPA Hazardous waste number A Toxicity,Category A
Oxxx Other Organic Chemical B Toxicity,Category B
DOE Designation C Toxicity,Category C
EHW Extremely hazardous waste D Toxicity,Category D
DW Dangerous waste EP Extraction procedure toxicity
H Persistent halogenated hydrocarbon
I Ignitable
O Corrosive
p Persistent Polycyclic aromatic hydrocarbon
R Reactive
+ ARC known or suspected carcinogen
CHEMICAL CLASS REFERENCES
1 Metals and other inorganics la Interim primary drinking water regulations
2 Pesticides lb Proposed secondary drinking water regulations
3 Halogenated aliphatic hydrocarbons Iia Ambient water quality criteria for priority pollutants
4 Monocyclic aromatic hydrocarbons lib Water quality criteria 1972
5 Polycyclic aromatic hydrocarbons III Suspected no adverse response levels,April 1980
6 Halogenated ethers IV Suspected no adverse response levels,April 1981
Washington State dangerous waster regulation,WAC
7 Phthalate esters V 173.303.9903
Polychlorinated biphenyls and related "Acquifer quality monitoring interference level"(see Critical
8 compounds VI Materials Handbook
9 Nitrosamines and related compounds VII Primary drinking water standards
10 Aliphatic hydrocarbons Vila Propsoed recommended maximum contaminant levels
11 Alcohols,aldehydes and ketones VIII Arbitrary leachable pesticide level
12 Esters and anhydrides IX Primary drinking water regulations,VOC's
13 Ethers and epoxides
P:\Community Development\Development Regulations\Title 21 Environmental Contrls\Critical Materials List
Updated.xls 15 of 28