Agenda 04/14/2005 SPOKANE VALLEY PLANNING COMMISSION AGENDA
Council Chambers -City Hall 11707 E. Sprague Avenue
6:00 p.m.—9:00 p.m.
***April 14, 2005 ***
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I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL -
IV. APPROVAL OF AGENDA —
V. APPROVAL OF MINUTES
• March 24, 2005
VI. PUBLIC COMMENT
VII. COMMISSION REPORTS
VIII. ADMINISTRATIVE REPORT
IX. COMMISSION BUSINESS
New Business
• Discussion of proposed regulations relating the use, handling and
storage of critical materials Tom Scholtens
•
Old Business:
X. FOR THE GOOD OF THE ORDER �\
XI. ADJOURNMENT
COMMISSIONERS CITY STAFF
Fred Beaulac Marina Sukup, AICP
Robert Blum Greg McCormick, AICP
John G. Carroll, Vice-Chair
David Crosby, Chair Deanna Griffith
William Gothmann � PefjOr3avk-
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Spokane Valley Planning Commission
Draft Minutes
Council Chambers — City Hall 11707 E. Sprague Ave
March 24, 2005
I. CALL TO ORDER
Planning Commission Chair Crosby called the meeting to order at
6:00 p.m.
Staff attending the meeting are Marina Sukup, Community Development Director;
Gregory McCormick, Planning Manager; Mike Basinger; Associate Planner; and
Sue Pearson, Deputy City Clerk.
II. PLEDGE OF ALLEGIANCE
The Commission, audience, and staff recited the Pledge of Allegiance.
III. ROLL CALL
Fred Beaulac— Present Bill Gothmann— Present
Bob Blum — Present Ian Robertson — Present
David Crosby— Present John G. Carroll — Present
Gail Kogle— Present
IV. APPROVAL OF AGENDA --
Commissioner
Commissioner Gothmann moved that the March 24, 2005 agenda be
approved as presented. Commissioner Blum seconded the motion. Motion
passed unanimously.
V. APPROVAL OF MINUTES
It was moved by Commissioner Beaulac seconded by Commissioner
Gothmann that the minutes of the March 10, 2005 Planning Commission
meeting be approved. Motion passed unanimously.
VI. PUBLIC COMMENT
There was no public comment.
VII. COMMISSION REPORTS
Commissioner Carroll stated he is working on the NAICS codes.
VIII. ADMINISTRATIVE REPORTS
A. Developments Updates:
Planning Manager McCormick gave updates on the following developments.
Please see his memo dated 3/25/2005 for details.
1. REZ-23-04/SUB-15-04 Ponderosa Estates North (formerly Broadmoor
Estates North)
2. ZE-46A-90/SUB-05-05 Inverary
3. SUB-07-04/PUB-04-04 Ponderosa PUD
4. PE-1746-94 Mica View Estates PUD
March 24,2005 Planning Commission Minutes Page 1 of 4
B. Comprehensive Plan Community Involvement
Planning Manager McCormick explained the community involvement element
and hearings for the comprehensive plan and presented the following tentative
schedule of meetings:.
Tues, April 19, 2005, Joint meeting, Review of the land use map with Council
Tues, May 17, 2005, Joint meeting, Overview and hearing of the draft
comprehensive plan.
Thurs, May 19, 2005, Open House in Council Chambers, 5:00 pm to 8:00 pm, to
display materials and have handouts for the public.
Wed, June 1, 2005, Open House in Council Chambers, 5:00 pm to 8:00 pm, to
display materials and have handouts for the public.
Mon, June 6, 2005, Request for map changes
Thurs, June 16, 2005, Planning Commission public hearing on the
comprehensive plan
Thurs, June 23, 2005, Overview of comprehensive plan
Tues, July 5, 2005, Council deliberate comprehensive plan
Tues, Aug 16, 205, Joint Meeting, review of comprehensive plan.
There was discussion on the process. Commissioner Gothmann observed that
he felt that each individual homeowner that will be affected by the comprehensive
plan should receive a letter explaining the changes. Planning McCormick
explained the notification required by law is in newspapers and other public
places like our website.
IX. COMMISSION BUSINESS
A. OLD BUSINESS:
A. Uniform Development Code: Definitions and Matrix and
Schedule of Permitted Uses
Ms. Sukup introduced Associate Planner Michael Basinger, the planner
• working on developing maps for the comprehensive plan. Planning
Manager McCormick reviewed the contents and purpose of the maps the
Planning Commission was encouraged to note questions and any errors.
The draft maps are intended to assist the Commission in the review of the
schedule of permitted uses and definitions. Commissioner Blum
requested a copy of the maps for review.
X. FOR THE GOOD OF THE ORDER
Director Sukup reminded everyone of the following dates:
Wed, April 13, 2005, City Council Conversation with the Community
Thurs, April 14, 2005, Next Planning Commission meeting
Tues, April 19, 2005, Joint meeting, Review of the land use map with Council
XI. ADJOURNMENT
There being no further business, the meeting was adjourned at 7:30 p.m.
March 24,2005 Planning Commission Meeting Page 2 of 3
SUBMITTED: APPROVED:
Sue Pearson, Deputy City Clerk David Crosby, Chairman
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March 24,2005 Planning Commission Meeting Page 3 of 3
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CITY OF SPOKANE VALLEY, ce4\ -\\
WASHINGTON ORDINANCE NO. 05-
AN ORDINANCE OF TM: CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING
ARTICLE H SECTION 10.03.03.09 OF THE SPOKANE UNIFORM DEVELOPMENT CODE
RELATING TO THE USE,HANDLING AND STORAGE OF CRITICAL MATERIALS WITHIN
THE AQUIFER SENSITIVE AREA, PROVIDING FOR SEVERABILITY, AND EFFECTIVE
DATE.
WHEREAS; Title 10 Article V Section 10.05.25 of the Spokane Valley Uniform Development Code
established Critical Areas regulations in accordance with RCW 35A.11.020; and
WHEREAS; the Interim Comprehensive Plan establishes goals and policies that include prevention and
degradation of groundwater quality, protection of groundwater quality, consistent enforcement of
regulations and regular updating of critical aquifer recharge protective measures;and
WHEREAS,the City of Spokane Valley proposes to supplement development regulations within the
Aquifer Sensitive Area, in accordance with those Goals and Policies; and
WHEREAS,the proposed development regulations must be submitted to the Washington Department of
Community Trade and Economic Development pursuant to WAC 365-195-620;
NOW,THEREFORE,the City Council of the City of Spokane Valley,Washington, ordains as follows:
Section 1. Section 10.03.03.09 is hereby established to read as follows:
"ARTICLE II USE,HANDLING& STORAGE OF CRITICAL MATERIALS
10.03.03.09.01 Purpose and intent.
The purpose and intent of these supplemental regulations within the aquifer sensitive area (ASA) is to
protect the source of the Spokane area water supply from additional long term contamination. This article
applies to any person,firm or corporation which establishes or proposes to establish, a land use or activity
which involves the storage or use of critical materials within the ASA.
10.03.03.09.02 Objectives.
The objectives of this chapter are:
(1)To allow use,handling or storage of critical materials where adequate protection of the aquifer
resource can be, or is, assured; and
(2)To establish strict performance standards for use,handling or storage facilities associated with
critical materials sous to preclude their introduction into the aquifer; and
(3)To prohibit disposal of critical materials within the ASA.
10.03.03.09.03 Definitions.
1. "API 653" means the American Petroleum Institutes' standards for Tank Inspection,
Repair,Alteration, and Reconstruction.
2. Building Official shall mean the Spokane Valley Building Official or his duly authorized
representative.
3. "Critical material" means as any substance stored, used or handled within the aquifer
sensitive area that is listed on the critical materials list and is present in a quantity equal
to or greater than that defined on the list.
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4. "Critical material activity" means any non-residential land use which has on-site, for
storage, sale use in manufacturing or other purpose, any substance listed in a quantity
equal to that listed.
5. "Interstitial space" means the volume between two separate layers of a secondary or
multiple containment system. The space may be filled with air or other gas or it may be
filled with a porous material.
6. "Interstitial monitoring"means a method of leak detection based on determining if there
has been a failure of one of the containment layers surrounding an interstitial space.
Monitoring methods may include the detection of pressure changes within the space, the
detection of vapors from the contained material within the space or, the physical
detection of contained material or water from outside the container within the space.
7. "Leak detection" means a procedure for determining if the material in a primary
container has escaped into the outside environment or has invaded an interstitial space in
a multiple containment system.
8. "Multiple containment" is a means of spill or leak control involving a containment
structure having one or more layers of material between the primary container and the
environment. Containment layers must be resistant to the material stored. The volume
within the containment system must be at least as large as the primary container.
Containment layers may be separated by an interstitial space.
9. "NFPA 30" means the National Fire Prevention Association's Flammable and
Combustible Liquids Standard.
10. "Primary container" is the container that is in direct contact with the material of concern
during the course of normal transport,use or storage.
11. Regulated substance. For purposes of this chapter"regulated substance"referred to in 42
U.S.C. 6991(2)means"critical material."
12. "Secondary containment" is a means of spill or leak containment involving a second
bather or tank constructed outside the primary container and capable of holding the
contents of the primary container.
13. "Underground storage tank" means any storage container meeting the definition in 42
U.S.C. 6991(1).Aggregates of tanks that are hydraulically connected are considered to be
one tank.Any tank and the associated piping used for the storage of liquids which is to be
installed so that ten percent or more of the total volume (including the volume contained
in piping)lies below the ground surface.
10.03.03.09.04. Administrative guides for implementation.
(a) The geographic,extent of the aquifer sensitive area (ASA) is delineated on maps, as now or
hereafter may be updated and supplemented.
(b) The Building Official may use design standards contained in the International Building Code,
the International Fire Code or standard practices of the industry.
10.03.03.09.05 Designation of critical materials use activities.
(a) The Building Official may require that the application for any nonresidential building permit
be accompanied by a list of chemicals to be maintained on site.
(b) Based on the list of materials provided, the Building Official shall designate any proposed
facility that will have one or more critical materials on site as a critical materials activity.
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(c)Upon reviewing the plans, the Building Official will define the areas subject to the secondary
containment requirements.
(d)When it is determined that a use for which a permit has been required is a critical use activity,
a fee will be assessed pursuant to Master Fee Schedule for the review and inspection of critical
use activity and materials.
(e) Any facility approved without secondary containment after the effective date of this article
later found to have critical materials on-site, shall be modified to incorporate appropriate
containment facilities or be subject to loss of the certificate of occupancy.
10.03.03.09.06 Critical materials lists.
Any activity which involves the use, handling or storage of a critical quantity of material on the Critical
Materials List shall be designated a critical materials use activity and is subject to the provisions of this
code.
(a) Critical materials include all those substances for which ground water standards have been
established under 173-200 WAC, water quality standards for ground waters of the state of
Washington, or for which drinking water standards have been established under 246-290 WAC,
drinking water regulations of the state of Washington and included in the list contained in Section
14.706.200 of the Interim Zoning Regulations, as it may be amended from time to time.
(b) Critical material activities are those nonresidential land used activities that maintain on-site a
quantity of material equal to or greater than that tabulated under"critical quantity."
(c) The critical materials activity list contained in Section 14.706.300 of the Interim Zoning
Regulations, as it may be amended from time to time,is a tabulation of business activity types in
the county likely to have critical materials on site. While not exhaustive,the list serves as a guide
to aid in project review and will be available for review by building proponents and the general
public.
10.03.03.09.07 Application of critical materials standards.
(a) Plans submitted shall show appropriate safeguards included in the design of newly constructed or
remodeled buildings, including the installation of underground storage tanks, meeting the
performance criteria established in Section 10.03.03.09.08.
(b) A certificate of occupancy shall be required for all new or re-occupied facilities using, handling
or storing critical materials.
10.03.03.09.08 Standards for nonresidential uses.
(a) Any above ground storage of critical materials requires:
1. A secondary containment mechanism that will prevent any leak or spill from leaving the site or
infiltrating into the ground below.
a) Secondary containment shall be provided in areas of the facility where the critical
materials are stored, used and along corridors where chemicals are moved within the
facility.
b) The containment facility shall be capable of holding one hundred ten percent(110%)
of the volume of critical material or three times the volume of the largest container of
material,whichever is greater.
c) Outdoor facilities shall make provision for containing the required volume of spill
and precipitation that occurs during a storm event equivalent to that required for
storm drainage design.
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2. Secondary containment facilities should facilitate the proper clean up and disposal of spills or
leaks.
a) No secondary containment facility shall be connected to any sanitary or storm sewer
system, including drywells, without pretreatment facilities appropriate to the
substances maintained on-site, installed between the containment facility and the
discharge.
b) A spill clean up plan shall be developed to define proper procedures for maintaining
and cleaning containment facilities and to identify proper disposal practices for any
critical materials removed from the containment facilities.
3. Permanent disposal of any waste containing critical materials shall not be allowed within the
aquifer sensitive area.
(b) When underground storage for any critical materials is included in the design of any facility,the
storage vessel and associated piping and transfer equipment shall be protected by a secondary
containment system.
1. In addition to any product inventory monitoring program the tank owner may institute,
the interstitial space between primary and secondary containment shall be monitored on a
schedule approved by the Building Official.
2. Monitoring records shall be retained for not less than two years. Records for the latest
six-month period shall be available on twenty-four-hour notice. Those older than six
months shall be available within five working days.
3. Underground tanks installed solely for the purpose of containing spills or leaks are
exempt from secondary containment requirements:
10.03.03.09.09 Above ground bulk storage of critical materials.
(a) In addition to the containment prescribed in Section 10.03.03.09.08 and the requirements of Chapter
173-180A WAC, new facilities with aboveground tanks having an individual net storage capacity of
ten thousand gallons or more of critical materials shall include special provisions to insure all
facilities will meet API Standard 2610 for Design, Construction, Operation, Maintenance, and
Inspection of Terminal'and Tank Facilities, and shall include provisions for secondary containment
for the following:
1. All pipes, pumps and valves associated with carrying critical materials to or from the storage
facility,and shall be located aboveground to the extent possible.
2. All areas where critical materials are transferred from conveyances, such as trucks, rail cars and
pipelines,to the bulk storage facilities.
(b)New aboveground tanks for the storage of critical materials with an individual net storage capacity of
ten thousand gallons or more, shall meet the secondary containment requirements outlined in
10.03.03.09.08 of this article and 173-180A-080 WAC. In addition, the following requirements shall
apply:
1. Any new tank installed to store critical materials shall be equipped with a multiple containment
system and leak detection.
2. Any new single-bottom tank constructed of steel or similar shall have secondary containment,
leak detection and cathodic protection installed as an integral part of the tank structure.
"Secondary containment" means a double bottom with interstitial monitoring or an equivalent
system of tank liners and leak detection.
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3. Any new tank system shall be installed within new diked areas totally lined by a multiple
containment system composed of material resistant to the chemical stored in the facility having
hydraulic conductivity less than 1 x 10-6 centimeters per second at the anticipated hydrostatic
loads. Interstitial monitoring shall be provided between the containment layers when appropriate.
(Note for interpretation: This means that the secondarily contained tank described in subsection
(b)(1)above lies within a secondary containment berm--creating a multiple containment system.)
4. Uncovered diked areas shall be constructed to contain one hundred ten percent of the volume of
the largest tank within the containment area. Stormwater management for runoff generated within
the diked areas shall conform to the Department of Ecology's State General Permit and Spokane
Valley's guidelines for stormwater management prior to disposal.
5. When used for emergency containment of tank contents, dikes shall be designed and constructed
to comply with the requirements of NFPA 30.
6. For any new tank, a tank leak detection system shall be installed and monitored for leakage by
visual, mechanical or electronic leak detection methods. Monitoring reports shall be kept on file
for a period of five years and shall be available for review at the request of the director.
Inspection reports prepared for compliance with Chapter 173-180D WAC shall be considered
adequate for compliance with this section.
(c) Any individual aboveground tank with a net storage capacity of ten thousand gallons or more in bulk
storage facilities in existence at the time of adoption these regulations shall be required to meet the
following requirements:
1. Be inspected and repaired as required by API Standard 653; and
2. Meet the compliance schedule as required by the existing United States Department of
Transportation, United States Environmental Protection Agency and Washington Department of
Ecology regulations. Tanks inspected and upgraded in compliance with the above schedule prior
to the adoption of this regulation shall be re-inspected and upgraded in accordance with this
article within ten years of the initial inspection; and
3. Be upgraded,when the tank is emptied for inspection and repair in accordance with the applicable
compliance schedule to include a coated, cathodically protected single bottom and under-tank
leak detection, a double bottom and with interstitial monitoring or an equivalent system of tank
bottom lining,leak detection and interstitial monitoring; and
4. When the tank is upgraded,the bermed area around the tank shall also be upgraded. The bermed
area outside the footprint of the tank shall be equipped with a multiple containment system
composed of two or more layers of material with a hydraulic conductivity less than 1 x 10-6
centimeters per second at the anticipated hydrostatic loads. The multiple containment layers of
the bermed areas shall be sealed to the tank to prevent any spilled or leaked material from
migrating under the tank; and
5. Uncovered diked areas shall be constructed to contain one hundred ten percent (110%) of the
volume of the largest tank within the containment area. Stormwater management for runoff
generated within the diked areas shall conform to the Department of Ecology's State General
Permit and Spokane Valley's guidelines for stormwater management prior to disposal; and
6. When upgraded, pumps, pipes and other facilities associated with tanks shall be placed
aboveground within bermed containment areas or be replaced with double walled units with
interstitial monitoring at the time the tank containment is upgraded. Aboveground facilities shall
be protected from impact with vehicles and machinery by protective walls or bollards. Pumps,
pipes and other facilities not within secondary containment areas shall be pressure tested at least
once a year.Records of pressure testing shall be kept on file for at least five years; or
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7. The facility shall be upgraded to multiple containment standards if such tank is relocated.
(d) Retrofitting an aboveground tank with an individual net storage capacity of ten thousand gallons or
more with multiple containment shall require a building permit. ..
(e) Annual inspection of aboveground tanks with an individual net storage capacity of ten thousand
gallons or more shall be conducted to verify that required secondary containment facilities are
maintained, that clean up materials and equipment needed to implement clean up plans are available and
that proper notification of leaks and spills occurs. Inspection reports shall be kept on file for a period of
five years and shall be made available for review at the request of the Building Official.Inspection reports
prepared for compliance with Chapter 173-180D WAC shall be considered adequate for compliance with
this section.
10.03.03.09.10 Underground tanks
(a) This section implements provisions of Subchapter IX, Regulation of Underground Storage Tanks, of
"The Hazardous and Solid Waste Amendments of 1984" (Sec. 1,P.L. 98-616; 42 USC 6991-6991(i)
and 42 USC 6901, et seq.("Resource Conservation and Recovery Act of 1976."(RCRA)
(b) UST's are classified as follows:
1. "Active use UST" means a UST in actual use for receipt, storage or delivery of substances, as a
UST,within any ninety-day period.
2. "Short-term out of service UST"means a UST not in active use within any ninety-day period.
3. "Long-term out of service UST" means a UST not in active use within any one-year period or
longer,where application for this status is approved prior to placing it out of service.
4. "Abandoned in place UST" means a UST permanently prepared for nonuse and left in place,
where application for this status is approved prior to placing it out of service..
(b) No person may own or maintain an underground storage tank(UST) installation, unless the same is
registered and approved pursuant to a permit and a current approval tag has been issued.
(c) To secure an initial permit, to transfer an existing permit or to maintain an approval tag, the
installation shall provide evidence that the UST passed a precision leak test approved by the
Building Official. The permit or approval tag is conditioned upon annual leak tests for any UST not
installed with secondary containment for the duration of the permit. The permit shall be valid for a
period of five(5)years.
(d) Leak tests shall be conducted not more than six months prior to an application for a permit or tag
approval. Leak test methods shall be based on statistically reliable measurement, down to five
hundredths of a gallon per hour, including temperature compensation, or in accordance with the
latest recommendations of the National Fire Protection Association.
(e) The Building Official may approve alternative methods of monitoring leaks.
(f) Approval tags or tank certificates shall be displayed in a conspicuous location on the premises at all
times.
(g) Approval tags or tank certificates may be revoked for any of the following reasons:
1. Failure to maintain adequate records; or
2. Violation of any condition or requirement of the permit; or
3. Failure to comply with an order of the Building Official.
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(h) The building official shall provide prior written notice to any property owner of an impending
enforcement action. This section does not limit emergency enforcement powers or liabilities of any
party.
10.03.03.09.11 Required inventory and test records.
(a) Records of UST shall be maintained on the premises and shall be available for inspection during
regular business hours. Records shall include the following information:
1. Type of product received,stored or delivered;
2. Volume thereof; and
3. Name and address of vendor of product; and
4. Test results for the term of the permit.
(b) Records of UST's holding substances not intended for resale or transfer to a third party may be
reconciled on a weekly basis rather than daily if, and only if:
1. Individual or aggregate UST(connected hydraulically)capacity is less than one thousand one
hundred gallons; or
a. Weekly volume exchange is less than five percent(5%) of tank capacity. Exchanges within a
system of tanks not involving exterior product release or receipt are not considered volume
exchanges for purposes of this provision.
(e) As used herein, "reconcile" means any method approved by the Building Official wherein the
beginning and ending tank volumes are compared to logs or reliable records of vehicles or other vessels
transferring product in or out of the subject tank. Where output metering is in place, alternative
monitoring or testing may be approved in lieu of reconciliation.
10.03.03.09.12 Reporting failures,leaks and leak risks.
(a)The following events shall the reported within three business days,regardless of cause or fault:
1. A failure to perform accurate records reconciliation;
2. A reconciliation discrepancy,irregularity or apparent loss or gain of product not explained as
normal variation in permittee's inventory records.
3. A loss or destruction of records or information needed to accomplish reconciliation or
otherwise required to be kept hereunder; and/or
4. Failure of any monitoring method to function or otherwise confirm tank safety.
(b)The discovery of any leak or circumstances indicating possibility of a leak of a UST shall immediately
be reported to the Building Official. This obligation shall extend to product vendors and repair or testing
personnel, as well as permittee:
10.03.03.09.13 UST Spill prevention and protection.
(a) The Building Official is authorized to require additional leak testing; additional monitoring; removal
of UST contents; UST reinforcement, modification, repair or replacement; prohibition of UST usage;
revocation or suspension of permit and/or approval tags or certificates; additional permit conditions; spill
clean-up or any additional measure to protect the health and safety of the public, or to protect the aquifer
in the event of:
1. A violation of this article or any provision of permit approval;
2. Reasonable cause exists to believe a spill or seepage is occurring;
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3. A leak test failure;
4. Monitoring does not disclose a leak or possible leak; or
5. Other environmental risk.
(b) The Building Official may order the top of the UST installation exposed, if reasonable investigation
indicates the possibility of leakage, and may permit repair where the leak is not the result of corrosion,
tank failure, or other serious malfunction.
(d) Underground storage tanks and associated underground piping shall be permitted to be repaired only
once. Thereafter, said UST installation must be either replaced or abandoned.
10.03.03.09.14 Requirements for out of service and abandoned in place USTs
(a) A short-term out of service UST shall be secured in accordance with the requirements of the adopted
fire code, as it may be amended from time to time.
(b) Long-term and abandoned in place USTs shall not require a permit,provided the classification is
approved by the Building Official, subject to such conditions as s/he may deem appropriate.
(c) The Building Official may require removal of the UST for failure to meet conditions established to
the long-term and abandoned in place UST.
(d) Removal of any UST shall be in accordance with the requirements of the Building Official.
10.03.03.09.15 UST Maximum useful life.
(a) All existing single-walled UST installations (tanks and associated piping) without secondary
containment shall be conclusively presumed to have a maximum useful life of forty years.
(b) On or before the fifth anniversary of the effective date of this chapter, all single-walled UST
installations forty years old or older as of said effective date and without secondary containment, shall
have been withdrawn from operation and either physically removed or converted to satisfy abandoned
status.
(c) A repaired, expanded or remodeled UST shall not exceed a forty-year life unless.
1. An approved tank liner of fiberglass reinforced epoxy or similar material is installed on a
single-walled UST; and
2. Liners are installed prior to the time that a tank reaches its fortieth birthday. The additional
life resulting from the installation of a tank liner shall be equal to the length of the warranty
provided by the company installing the liner.
Provided, however that liners shall not be used to repair a leaking single-walled tank for the
purpose of extending its useful life. It is further provided that a single-walled tank may be lined
only once.
10.03.03.09.16 Enforcement&Penalties
(a) It shall be a violation of this article to:
1. Submit false, incomplete or inaccurate permit application or test information or fail to correct any
such error immediately when it is or should have been known;
2. Tamper with or fail to display any approval tag lawfully issued, or to display any invalid, expired
or revoked tag or facsimile;
3. Fill any UST to which a current, valid approval tag is not conspicuously affixed. This provision
applies specifically to all parties including the tank owner and any vendor of products
encompassed in this chapter;
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4. Alter,tamper with, obscure, destroy or fail to maintain updated, accurate inventory records or any
other records or information required hereunder;
5. Falsify, misstate, conceal or withhold information regarding product delivery, date, amount or
tank capacity or any other records or information required by this article;
6. Fail to comply with any regulation or order imposed as a condition of permit approval;
(b) This article shall be enforced in accordance with Section 10.01.20 Enforcement & Penalties of the
Spokane Valley Uniform Development Code."
SECTION 2.— Severability. If any section, sentence, clause or phrase of this ordinance, or any
regulation, rule or order adopted pursuant to the authority thereof be determined invalid or
unconstitutional, it shall not affect the validity or constitutionality of any other section, sentence,clause or
phrase of this ordinance.
SECTION 3 — Effective date. This ordinance shall be in full force and effect five (5) days after
publication of this ordinance or a summary thereof in the official newspaper of the City as provided by
law.
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PASSED by the City Council this day of May,2005.
Diana Wilhite,Mayor
ATTEST:
Christine Bainbridge, City Clerk
Approved as to form:
Cary P.Driskell,Deputy City Attorney
Date of publication:
Effective date:
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