3800 RIVERFRONT BLVD 2025-07-23 - Laserfiche WebLink

1 The City of Everett The Floyd & Snider Team Everett Landfill Tire Fire Site Everett's Environmentally Sensitive Areas (ESAs) Ordinance requires that the planning and design of new development provide for the protection of ESAs. Section 37 of the Zoning Code requires applicants for all proposed land uses or developments on or adjacent to lots containing wetlands to provide studies such as wetland delineations and/or stream surveys describing the environmental conditions of the site. A portion of the Everett Landfill site falls within the Everett Critical Areas designation. However, there are no proposed cleanup actions associated with the CAP/CD that would alter wetlands. CLEAN WATER ACT, NPDES PERMIT PROGRAM, 33 USC 1251; 40 CFR 123; CHAPTER 90.48 RCW; CHAPTER 173-220 WAC AND FEDERALLY PROMULGATED WATER STANDARDS, 40 CFR 131 AND 141 Section 402 of the Federal Clean Water Act (CWA) (33 USC 1342) and 40 CFR 122 and 125 establish the NPDES program. This program provides for the issuance of permits for direct discharges to implement the regulations, limitations and standards promulgated pursuant to CWA, including Section 301, 306 (standards cf performance for priority dischargers) and 307 (toxic and pretreatment effluent standards). EPA regulations specified in 40 CFR 122 establish conditions for authorizing a discharge; while 40 CFR 125 imposes criteria and standards for discharges. Section 402 of the Clean Water Act (33 USC 1251) requires EPA or a state with delegated authority to issue permits for the discharge of any pollutant to navigable waters. Section 402 of the CWA does not apply to discharges to navigable water that are authorized under Section 404 of the CWA. Federal regulations (40 CFR 123) allow delegated states to issue NPDES permits. Washington has been delegated this authority. The Washington Water Pollution Control Law (Chapter 90.48 RCW) and regulations (Chapter 173-220 WAC) meet the federal requirements for the state to issue NPDES permits. These regulations list Washington water quality standards which were instituted as required in Sections 301, 302, and 303 of the CWA (33 USC 1311, 1312, and 1313) and 40 CFR 131. These federal regulations require states to develop water quality standards and to control direct discharges by establishing effluent limitations as necessary to meet applicable water quality standards. 40 CFR Parts 131 and 141 have been used to establish cleanup levels for surface water and groundwater at the Everett Landfill/Tire Fire site. Federal regulations require NPDES permits for certain stormwater discharges, including stormwater from construction involving more than five acres. Washington has issued a general permit for construction stormwater specifying best management practices and reporting requirements. These regulations are applicable to the Everett Landfill site. Any construction activity that meets NPDES permit criteria would be required to prepare a Stormwater Pollution Prevention Plan and meet surface water quality standards. CLEAN WATER ACT, DREDGE AND FILL PERMIT, 33 USC 1251 et seq. The Clean Water Act (CWA) requires the establishment of guidelines and standards to control the direct or indirect discharge of pollutants to waters of the United States. Section 404 requires Page 4 of 10 Attachment CAP-1