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1 The City of Everett The Floyd & Snider Team Everett Landfill/Tire Fire Site CITY OF EVERETT DRAINAGE ORDINANCE This ordinance requires stormwater controls and a permit from the City for activities that meet specific criteria set forth in the Drainage Ordinance. If such activities are taken as a part of the CAP/CD, the substantive portions of this ordinance must be followed. TREATY OF POINT ELLIOTT, 12 STATUTE 927 The Treaty of Point Elliott was signed with Native American tribes occupying the lands within the Puget Sound Basin lying north of Point Pulley to the Canadian border and from the summit of the Cascade Mountains to the divide between Hood Canal and Puget Sound. The treaty guarantees "the right of taking fish at usual and accustomed grounds and stations..." to all the signatory tribes and other allied and subordinate tribes and bands of Native American Indians. The Snohomish River is a usual and accustomed fishing area. This treaty will be viewed as an ARAR to ensure that cleanup activities do not interfere with the rights of the tribes. No interference is expected. HISTORIC PRESERVATION ACT, CHAPTER 27.34 RCW, CHAPTER 27.44 RCW, CHAPTER 27.53 RCW This act prohibits disturbing any Native American gravesites or other historical or prehistorical archeological resources without a permit or supervision from the proper department or tribe. According to the Washington Department of Community, Trade and Economic Development, no archeological resources are located in the project area of the landfill. This act is a potential ARAR for actions affecting Native American and other historical or prehistorical archaeological resources. No such resources have been identified on the landfill site. GENERAL REGULATIONS FOR AIR POLLUTION, CHAPTER 70.94A RCW; CHAPTER 173-400 WAC The regulations in Chapter 173-400, which were developed pursuant to Chapter 70.94A RCW, establish technically feasible and reasonably attainable standards and rules generally applicable to the control and/or prevention of the emission of air contaminants. These regulations include general requirements for prevention of visible emissions, odor, fallout, and fugitive emissions. These regulations also require the owner or operator of "any source which emits a contaminant subject to a national emission standard for hazardous air pollutants" to register the source with Ecology or the appropriate local clean air authority, to submit an inventory of emissions each year and to apply for approval of a notice of construction prior to construction, installation or establishment of a new emissions unit or source. As noted below, the Puget Sound Clean Air Authority has jurisdiction over these requirements. PUGET SOUND CLEAN AIR AGENCY; REGULATIONS I, II AND III The Puget Sound Clean Air Agency (PSCAA) was activated in March 1968 by the Washington Clean Air Act, RCW 70.94, as the designated agency to carry out the requirements and purposes of the Washington Clean Air Act and the Federal Clean Air Act within Pierce, King, Page 6 of 10 Attachment CAP-1