HomeMy WebLinkAbout2309ORDINANCE NO. .W9
AN ORDINANCE of the City of Port Angeles
adopting by reference Chapters 173 -58,
173 -60, and 173 -70, Washington Admins-
trative Code, as now existing, and all
future amendments, additions, and new
sections, and adding a new chapter to
Title 15 of the Port Angeles Municipal
Code.
WHEREAS, inadequately controlled noise adversely
affects the health, safety and welfare of people, the value of
property, and the quality of the environment within the City of
Port Angeles; and
WHEREAS, the noise regulations in the Washington
Administrative Code as promulgated by the Department of Ecology
relating to sound measurement procedures, maximum environmental
noise levels, and watercraft noise standards are adequate and
appropriate for controlling adverse noise impacts; and
WHEREAS, the Department of Ecology does not have suffi-
cient staff to enforce the noise regulations in the Washington
Administrative Code; and
WHEREAS, adoption of said regulations by the City of
Port Angeles will help the City to help deter excessive noise;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
ANGELES, as follows:
Section 1. There is hereby added to Title 15 of the
Port Angeles Municipal Code, a new Chapter 15.16, entitled "Noise
Control ", as follows:
15.16.010 Adoption. The following chapters of Title
173, Washington Administrative Code, as now existing, and all
future amendments, additions, and new sections, are hereby
adopted by reference:
A. Chapter 173 -58 WAC - Sound Level Measurement
Procedures;
-1-
B. Chapter 173 -60 WAC - Maximum Environmental Noise
Levels;
C. Chapter 173 -70 WAC - Watercraft Noise Performance
Standards.
15.16.020 Variances. Any person seeking a variance as
provided for in the regulations adopted by this chapter shall
file an application with the Board of Adjustment within ten (10)
days of being cited for a noise violation. The application shall
be accompanied by information demonstrating why the applicant
believes immediate compliance with noise requirements cannot be
achieved because of special circumstances rendering immediate
compliance unreasonable in light of economic or physical factors,
encroachment upon an existing noise source, or because of non -
availability of feasible technology or control methods. The
Board of Adjustment shall grant or deny variances in accordance
with the procedures and requirements set forth in WAC 173 -60 -080.
15.16.030 Penalties. Any person found in violation of
the established noise levels of this chapter shall be subject to
a civil penalty not to exceed One Hundred ($100) Dollars per day
of violation.
Section 2 Severability. If any section, subsection,
paragraph, sentence, clause, or phrase of this Ordinance shall be
declared unconstitutional or invalid by the valid judgment or
decree of any court of competent jurisdiction, such unconstitu-
tionality or invalidity shall not affect any of the remaining
sections, subsections, paragraphs, sentences, clauses, and
phrases of this Ordinance, since the same would have been enacted
without the incorporation in this Ordinance of any such unconsti-
tutional or invalid articles, sections, paragraphs, sentences,
clauses, and phrases.
Section 3 Effective Date. This Ordinance shall take
effect as provided by law.
-2-
PASSED by the City Council of the City of Port Angeles
at a regular meeting of said Council held on the _, day of
ATTEST:
, 1984.
Me ri A. Lannoye, City C
, APPROy D AS TO FO
Cra D. KnZytson, City Attorney
PUBLISHED:
•
M A Y O R
Sound Level Measurement Procedures 173 -58 -020
1983 t 3s• c 19 73- 44 -060, filed 8/30/83.
orrmeer
(Or-
der DE 83-25),
Formerly
d
WAC 173- 16 -060.]
WAC 173 -44 -070 Severability. If any portion of
this chapter or its application to any person or circum-
stance is held invalid, the remainder of this chapter, or
the application of the provision to other persons or cir-
cumstances, shall not be affected. [Statutory Authority:
1983 1st ex.s. c 19 and Title 43 RCW. 83 -18 -020 (Or-
der DE 83 -25), § 173 -44 -070, filed 8/30/83. Formerly
WAC 173 -16 -070.1
Chapter 173 -58 WAC
SOUND LEVEL MEASUREMENT PROCEDURES
WAC
173 -58 -010
173-58-020
173 - 58--030
173 -58-040
173 -58 -050
173 -58 -060
173 -58 -070
173-58-080
173 -58 -090
Introduction.
Definitions.
Instrumentation.
Ambient conditions,
Measurement equipment preparation and use.
Equipment variation allowances.
Environmental noise measurement procedure.
Close proximity exhaust system sound level measure-
ment procedure.
Watercraft sound level measurement procedure.
WAC 173 -58 -010 Introduction. (1) Authority.
Statutory authority for the guidance and direction con-
tained in these procedures is authorized by chapter 70-
.107 RCW, the Noise Control Act of 1974.
(2) Purpose. The purpose of these rules is to establish
standardized procedures for the measurement of sound
levels of sources regulated by the department of ecology,
including, but not limited to, environmental noise, wa-
tercraft, motor racing vehicles, construction, float
planes, railroads, and aircraft engine testing.
(3) Personnel. For the purposes of enforcement, per-
sonnel shall have received training in the use of equip-
ment and proper site selection. Certification of
competence in the use of the sound level measurement
procedures established in this chapter shall be provided
by the department of ecology upon a showing that the
enforcement personnel can perform these procedures to
the satisfaction of the department. Certification is not
required for enforcement personnel to use the procedures
described in this chapter, however training may be given
only by persons certified by the department.
(4) These regulations will be amended as needed to
include any new instrumentation, equipment, or proce-
dures which the department shall deem necessary to ac-
curately measure sound levels for enforcement purposes.
[Statutory Authority: Chapter 70.107 RCW. 79 -04 -033
(Order DE 78 -19), § 173- 58 -010, filed 3/22/79.1
WAC 173-58-020 Definitions. As used in this
chapter, unless the context clearly indicates otherwise:
(1) "Background sound level" means the level of all
sounds in a given environment, independent of the spe-
cific source being measured.
(1983 Ed.)
(2) "dBA" means the sound pressure level in decibels
measured using the "A" weighting network on a sound
level meter.
(3) "Department" means the department of ecology.
(4) "Director" means the director of the department
of ecology.
(5) "EDNA' means the environmental designation for
noise abatement, being an area or zone (environment)
within which maximum permissible noise levels are
established.
(6) "Impulse sound" means either a single pressure
peak or a single burst of multiple pressure peaks which
occur for a duration of less than one second as measured
on a peak unweighted sound level meter.
(7) "Local government" means county or city govern-
ment or any combination of the two.
(8) "Noise" means the intensity, duration and char-
acter of sounds, from any and all sources.
(9) "Operator" means any person who is in actual
physical or electronic control of a powered watercraft,
motor vehicle, aircraft, off highway vehicle, or any other
engine driven vehicle.
(10) "Person" .means any individual, corporation,
partnership, association, governmental body, state
agency, or other entity whatsoever.
(11) "Property boundary' means the surveyed line at
ground surface, which separates the real property
owned, rented, or leased by one or more persons, from
that owned, rented, or leased by one or more other per-
sons, and its vertical extension.
(12) "Racing event" means any motor vehicle compe-
tition conducted under a permit issued by a governmen-
tal authority having jurisdiction or, if such permit is not
required, then under the auspic::s of a recognized sanc-
tioning body.
(13) "Receiving property" means real property within
which the maximum permissible noise levels specified in
WAC 173 -60-040 shall not be exceeded from sources
outside such property.
(14) "Shoreline" means the existing intersection of
water with the ground surface or with any permanent,
shore- connected facility.
(15) "Sound level meter" means a device or combina-
tion of devices which measures sound pressure levels and
conforms to Type 1, Type 2, or Type 3 standards as
specified in the American National Standards Institute
Specification S1.4-1971. An impulse sound level meter
shall be a peak or impulse, unweighted sound level meter
which is capable of measuring impulse sound in con-
formance with the Type 1 or Type 2 specifications of
ANSI S1.4 -1971.
(16) "Watercraft" means any contrivance, excluding
aircraft, used or capable of being used as a means of
transportation or recreation on water. A new watercraft
is any watercraft with an internal or external combus-
tion engine which has been manufactured after
December 31, 1979, and For which the equitable or legal
title has never been transferred to a person who, in good
faith, purchases the new watercraft and /or engine for
(Title 173 WAC ---p 137)
i
173 -58 -020 Title 173 WAC: Ecology, Department of
purposes other than resale. [Statutory Authority: Chap-
ter 70.107 RCW. 79 -04 -033 (Order DE 78-19), § 173-
58-020, filed 3/22/79.]
WAC 173 -58 -030 Instrumentation. The following
instrumentation and equipment shall be used for the
measurement procedures established in this chapter:
(1) Sound level meter. The sound level meter shall
meet the Type 1, Type 2, or Type 3 requirements of
ANSI S1.4 -1971. The meter weighting and response
mode will be set as required in the specific procedure
used. The sound level meter shall be returned to the
manufacturer or a qualified laboratory at least once a
year, to be calibrated to standards traceable to the Na-
tional Bureau of Standards.
Type 1, Type 2, or Type 3 sound level meters shall be
used for any initial inspection procedures, but only Type
1 or Type 2 sound level meters shall be used for the
measurement of sound levels for enforcement purposes.
(2) Sound level calibrator. Au acoustically coupled
calibrator shall be used periodically to assure the accu-
racy of the sound level meter and microphone. The cali-
brator shall be returned to the manufacturer or a
qualified laboratory at least once a year to be calibrated
to standards traceable to the National Bureau of
Standards.
(3) Tachometer. The tachometer s!iall be either one of
two types: electric or vibrating reed. The electric ta-
chometer shall be an inductive pickup type for easy at-
tachment to any spark plug cable, contain its own
internal power supply, and shall 'meet SAE J197 specifi-
cations for off road electric tachometers. The vibrating
reed tachometer shall be designed for use on any inter-
nal combustion engine. Calibration accuracy for both
types of tachometers shall be at least 3 percent of full
scale reading. All tachometers shall be calibrated at
least once a year in accordance with the manufacturer's
calibration procedures.
(4) Windscreen. A windscreen -of open cell foam,
cloth, or other acoustically invisible material as shall be
provided by the manufacturer, shall be placed over the
microphone to protect it from moisture, exhaust gases
and wind effects.
(5) Anemometer. An anemometer shall be used peri-
odically during measurements to test the wind speed.
[Statutory Authority: Chapter 70.107 RCW. 79 -04 -033
(Order DE 78 -19), § 173- 58 -030, filed 3/22/79.]
WAC 173 -58 -040 Ambient conditions. The follow-
ing ambient conditions shall be observed during mea-
surements and shall determine whether testing is to
occur or not:
(1) Wind. Sound level measurements shall not be
made when the wind speed is in excess of:
(a) 20 mph (32 km /hr) for the close proximity test,
WAC 173- 58 -080;
(b) 12 mph (19 km /hr) for all other tests. '
(2) Precipitation. Sound level measurements shall not
be made when precipitation is falling in such a way as to
affect the equipment or the measurement readings.
Rifle 173 WAC—p 138]
(3) Background sound level. Sound level measure
ments shall not be made when the difference betweei
the background sound level and the level of the mei
sured sound source is less than 10 dBA, unless, tht
measurement personnel are technically qualified tt
logarithmically subtract the background level from tbt
measured source's sound level. [Statutory Authority
Chapter 70.107 RCW. 79 -04 -033 (Order DE 78- 19),¢[
173- 58 -040, filed 3/22/791
WAC 173 -58 -050 Measurement equipment pa.
ration and use. (1) Battery check. A battery che ,all
be conducted on all instruments before field calibration
and measurement.
(2) Calibration. Sound level meters shall be field cali-
brated (using procedures described in the manufacturer's
instruction manual) at the beginning 'and end of each
measurement period, and at intervals not exceeding two
hours when the instrument is used for more than a two!!
hour period.
(3) Microphone orientation. The microphone shall be
oriented with respect to the sound source as described in.
the manufacturer's instruction manual. [Statutory Au
thority: Chapter 70.107 RCW. 79 -04 -033 (Order "DE
78 -19), § 173- 58 -050, filed 3/22/79.])
WAC 173 -58 -060 Equipment variation allowances.
Due to unavoidable variations in measurement sites and
test instruments, the following allowances shall be made'
for the respective sound level meters: ;4J
This tolerance value shall be applied, after all neces-
sary calculations have been made, to the final reported
sound level for the measured sound source. [Statutory
Authority: Chapter 70.107 RCW. 79 -04 -033 {Order .
DE 78 -19), § 173- 58 -060, filed 3122/79.]
3
± 1 dBA for Type 1 sound level meters
2 dBA for Type 2 sound level meters
WAC 173 -58 -070 Environmental noise measure-
ment procedure. (Reserved.) [Statutory Authority:
Chapter 70.107 RCW. 79 -04 -033 (Order DE 78 -19), §
173 -58 -070, filed 3/22 /79.] -
WAC 173 -58 -080 Close proximity exhaust system
sound level measurement procedure. Thissection estab -i!
Iishes specific procedures for the measurement of sound
levels from exhaust systems at a distance of 20 inches
(0.5 meter) from the exhaust outlet. The procedures of
subsections (3), (4) and (5) of this section shall not be
used for exhaust systems which utilize the introduction
of water to the exhaust gas flow for the•purpose of muf- fl
fling the exhaust noise levels, or systems which exhaust
the gas flow directly into water.
(1) For the purposes of this section "vehicle" means'.
any motor driven contrivance used as a means of trans-
portation or recreation off of public highways.
(2) Initial inspection. An initial inspection of theil
hicle exhaust system shall be conducted to determine if
the following defects or modifications exist: _.
(a) The absence of a muffler;
{1983 Ed.)
Sound Level Measurement Procedures
(b) The presence of a muffler cut —out, bypass, or
similar device which is not standard or normal equip-
ment for the exhaust system being inspected;
(c) Defects in the exhaust system including, but not
limited to, pinched outlets, and holes or rusted through
areas of the muffler or pipes;
(d) The presence of equipment which will produce ex-
cessive or unusual noise from the exhaust system.
If the above defects are observed and are a violation
of the muffler integrity standards established for the
type of vehicle which is being inspected, then a citation
shall be issued in accordance with the enforcement sec-
tion of the applicable regulation.
An evaluation of the vehicle sound level shall also be
made by the enforcement officer, using the human ear
as a sensing device.
If the exhaust noise is discernibly louder than the en-
gine noise, or if any of the defects or modifications de-
scribed above exist but are not violations of applicable
regulations, the enforcement officer shall request the ve-
hicle operator to submit the vehicle to any measurement
procedures described in this chapter which are applica-
ble to the type of vehicle being inspected. If the operator
refuses to submit the vehicle to these measurement pro-
cedures, he shall be in violation of this chapter.
(3) Test site and instrumentation set up. The test site
and instrumentation shall be set up as follows:
(a) The test site shall be a flat, open area free of
large, sound — reflecting surfaces (other than the surface
on which the vehicle is resting), such as signboards,
buildings, large docks, hillsides, or other vehicles, located
within a 16 —foot (5— meter) radius of the vehicle being
tested and the location of the microphone. The vehicle
shall not be on a hoist, rack, or over a pit. Testing shall
not occur within a shop or building. Nobody shall stand
in the measurement area, except the observer and the
vehicle operator.
(b) The microphone shall be at the same height as the
center of the exhaust outlet if possible, but no closer to
any surface than 8 inches (0.2 meter). The microphone
shall be positioned with its longitudinal axis parallel to
the ground, 20 ± 1 inches (0.5 meter) from the edge of
the exhaust outlet, and 45 f 10 degrees from the axis of
the outlet. For exhaust outlets located inboard from the
vehicle body, the microphone shall be located at the
above specified angle and at least 8 inches (0.2 meter)
from the nearest part of the vehicle.
For vehicles provided with exhaust outlets spaced
more than 12 inches (0.3 meter) apart, measurements
shall be made for each outlet as if it were the only one,
and the highest level shall be recorded. If the exhaust
outlets are less than twelve inches (0.3 meter) apart, a
single measurement shall be made for any one of the
outlets.
For vehicles with a vertical exhaust, the microphone
shall be placed at a height of 48 f 2 inches (1.2 meter).
Its axis shall be vertical and oriented upwards. It shall.
be placed at a distance of 20 ± 1 inches (0.5 meter)
from the side of the vehicle nearest the exhaust outlet.
0981 Ed)
173-58-080
For vehicles with the exhaust system outlet near the
engine, the engine hood (if one exists) should be closed
as much as possible to reduce engine noise.
If a measuring device is attached to the exhaust outlet
and the microphone to maintain proper distance, insure
that no vibrations from the vehicle shall be transmitted
to the instrument.
(4) Vehicle operation. The vehicle shall be operated as
follows:
(a) Controlled ignition vehicles. The engine shall be
operated at a normal operating temperature with trans-
mission in park or neutral. Sound level measurements
shall be made at three — fourths (75 percent) of the RPM
for rated horsepower f 100 RPM of meter reading.
(b) Vehicles with motorcycle engines. The engine shall
be operated at normal operating temperatures with the
transmission in neutral. If no neutral is provided, the ve-
hicle shall be operated either with the rear wheel or
wheels 2-4 inches (5 -10 centimeters) clear of the
ground, or with the drive chain or belt removed. The
sound level measurement shall be made with the engine
speed stabilized at one of the following values:
(i) If the engine data is available, test the vehicle at
one —half (50 percent) of the RPM for maximum rated
horsepower f 100 RPM.
(ii) If the engine data is not available, and if the ve-
hicle has a tachometer showing the manufacturer's rec-
ommended maximum engine speed ( "red line "), test the
vehicle at 60 percent of the "red line" RPM ± 100
RPM.
(iii) If the engine data and red line RPM are not
available, test the vehicle at:
(A) 3500 f 100 RPM for engines with total cylinder
displacement between 0 -950 cc (0 -58 in.3).
(B) 2800 RPM ± 100 RPM for engines with total
cylinder displacement greater than 950 cc (58 in.3).
(c) Diesel engine vehicles. The engine shall be oper-
ated at normal operating temperatures with transmission
in park or neutral. Sound level measurements shall be
made at the vehicle's maximum governed no —load speed.
If the engine is not provided with a governor, the vehicle
shall be operated in the same manner as a vehicle with a
controlled ignition.
(5) Measurement. The exhaust system sound level
shall be measured as follows:
(a) The sound level meter shall be set for slow re-
sponse and on the "A" weighting scale.
(b) The sound level meter shall be observed during the
full cycle of engine .acceleration —deceleration. The re-
corded sound level shall be the highest value obtained at
the appropriate, constant engine speed as specified in
subsection (4) of this section, and shall exclude peaks
due to unrelated ambient noise, engine noise, or extra-
neous impulsive —type noise.
(c) At least two measurements shall be made, and the
reported sound level shall be the average of the two
highest readings which are within one dBA of each
other. [Statutory Authority: Chapter 70.107 RCA. 79-
04-033 (Order DE 78 -19), § 173- 58 -080, filed
3/22/79.]
[Title 173 WAC—p 139]
1
173 -58 -090
Title 173 WAC: Ecology, Department of
WAC 173 -58 -090 Watercraft sound level measure-
ment procedure. This section establishes specific proce-
dures for the measurement of watercraft sound levels.
(1) Initial inspection. An initial inspection may be
made to determine if the watercraft shall be required to
undergo the pass -by measurement described in subsec-
tions (2), (3), and (4) of this section.
(a) A Type 3 or better sound level meter shall be used
to measure the sound level of any watercraft. The mi-
crophone shall be located in a boat or on a dock and no
closer than 2 feet from any surface of the boat or dock.
(b) The watercraft shall be measured as it passes at a
distance not less than 50 feet from the microphone.
(c) The enforcement officer shall require the water-
craft operator to submit to a pass -by or exhaust system
sound level measurement if the initial inspection level is
within 2 dBA of, or greater than, the levels established
in WAC 173- 70-040(3).
(2) Test site and instrumentation set -up. The test site
and instrumentation shall be set up as follows:
(a) The test site shall be a calm body of water, large
enough to allow full -speed pass -bys. The area around
the microphone and boat shall be free of large obstruc-
tions, other than the deck or platform on which the mi-
crophone is standing, such as buildings, boats, hills,
large piers, breakwater, etc., for a minimum distance of
100 feet (30 m). Three markers (buoys or posts) shall 'cue
placed in line, 50 feet (15 m) apart, to mark the course
the boat is to follow while being tested.
(b) The sound level meter shall be a Type 2 or better.
The microphone shall be placed 50 feet (15 m) from the
line determined by the three markers, normal to the line
and opposite the center marker. It shall also be placed
4 -5 feet (1.2 -1.5 m) above the water surface and no
closer than 2 feet (0.6 m) from the surface of the deck
or platform on which the microphone stands, as near to
the end of the deck or platform as possible or overhang-
ing the end of the deck or platform.
(3) Watercraft operation. The watercraft shall pass
within 1 -3 feet (0.3 -0.9 meter) on the far side of all
three markers, on a straight course.
(a) Watercraft which weigh less than 7,000 lbs. gross
weight shall be operated according to the following pro-
cedure. The watercraft shall approach the first marker
at idle speed. When the bow is even with the first
marker, the engine shall be immediately accelerated • to
its full throttle RPM range. The watercraft shall con-
tinue to accelerate until its bow passes the third marker.
(b) Watercraft which weigh 7,000 lbs. or more gross
weight shall be operated at the midpoint of the manu-
facturer's recommended maximum continuous (or
"cruise ") RPM range, f '100 RPM. The watercraft shall
be at this speed when it passes the first marker, and
shall continue to operate at this speed until its bow pas-
ses the third marker.
(4) Measurement. The watercraft sound level shall be
measured as follows:
(a) The sound level meter shall be set for fast re-
sponse and on the "A" weighting scale.
(b) The meter shall be observed during the entire
passby. The applicable reading shall be the sound level
[Title 173 WAC—p 140]
obtained as the stern of the watercraft passes the middle
marker. Peaks due to unrelated ambient noise, wate
noise from waves or wakes, propellor cavitation noise, or
extraneous impulsive -type noise shall be excluded. At
least two measurements shall be made for each side of
the watercraft. All values shall be recorded.
(c) The sound level for each aide of the watercraf
shall be the average of the two highest readings which
are within 1 dBA of each other, rounded to the neares
0.5 dBA. The reported sound level shall be that of th
loudest side of the watercraft.
(5) New watercraft shall be tested accord ing •
e
specifications of the SAE 134 measurement .,procedure.
[Statutory Authority: Chapter 70.107 RCW. :7P-04-033
(Order DE 78 -19), § 173- 58 -090, filed 3/2229.] •
• 4
Chapter 173-60 WAC
MAXIMUM ENVIRONMENTAL NOISE LEVELS
WAC
173 -60-010
173- 60-020
173 -60-030
17340 -040
173 -60 -050
173 -60-060
173-60 -070
173-60-080
173-60-090
173 - 60-100
173-60-110
173 -60 -120
Authority and purpose.
Definitions.
Identification of environments.
Maximum permissible environmental noise levels„,.,
w
Exemptions.
Nuisance regulations not prohibited. 'Pe
Future regulations.
Variances and implementation schedules.
Enforcement policy.
Appeals.
Cooperation with local government.
'Effective date.
.. IMT
WAC 173 - 60-010 Authority and purpose. These
rules are adopted pursuant to chapter 70.107 RCW, the
Noise Control Act of 1974, in order to establish maxi3 .
mum noise levels permissible in identified environments,
and thereby to provide use standards relating to the re -`f
ception of noisy within such enviromnents. [Order .747
32, § 173 - 60-010, filed 4/22/75, effective 9/1/75.] -,
,fir'et
WAC 173-60 -020 Definitions. (1) "Background n
sound. level" means the level of all sounds in a given e '1$
vironment, independent of the specific source being-
measured. -:
. (2) "dBA" means the sound pressure level. in decibels
measured using the "A" weighting network on a sound
level meter. The sound pressure level, in decibels, of $
sound is 20 times the logarithm to the base 10 of ".the
ratio of the pressure of the sound to a reference pressure:
of 20 micropascals. t
(3) "Department" means the department of ecology
(4) "Director" means the director of the department
of ecology.
(5) "Distribution facilities" means any facility u-
for distribution of commodities to final consumers,` in-
cluding facilities of utilities that convey water
,d
water, natural gas, and electricity.
(6) "EDNA" means the environmental designation{for
noise abatement, being an area or zone (environment)!
within which maximum permissible noise leveis,ar4
established. • ry'
(1983 L)
Maximum Environmental Noise Levels
(7) "Existing" means a process, event, or activity in
An established area, producing sound subject to or ex-
empt from this chapter, prior to the effective date of
September 1, 1975.
(8) 'Local government" .means county or city govern-
ment or any combination of the two.
(9) "Noise" means the intensity, duration and char-
acter of sounds, from any and all sources.
(10) "Person" means any individual, corporation,
partnership, association, governmental body, state
agency or other entity whatsoever.
(1 1) "Property boundary" means the surveyed line at
ground surface, which separates the real property owned,
rented, or leased by one or more persons, from that
owned, rented, or leased by one or more other persons,
and its vertical extension.
(12) "Racing event" means any motor vehicle compe-
tition conducted under a permit issued by a governmen-
tal authority having jurisdiction or, if such permit is not
required, then under the auspices of a recognized sanc-
tioning body.
(13) "Receiving property ". means real property within
which the maximum permissible noise levels specified
herein shall not be exceeded from sources outside such
property.
,.(14) "Sound level meter" means a device which mea-
sures sound pressure levels and conforms to Type 1 or
Type 2 as specified in the American National Standards
Institute Specification S1.4 -1971.
(15) "Watercraft" means any contrivance, excluding
aircraft used or capable of being used as a means of
transportation or recreation on water.. [Statutory Au-
thority: •Chapter 70.107 RCW. 83 -15 -046 (Order DE
82 -42), § 173 - 60-020, filed 7/19/83; Order DE 77 -1, §
173 - 60-020, filed 6/1/77; Order 74 -32, § 173 - 60-020,
filed 4/22/75, effective 9/1/75.]
WAC 173 -60 -030 ,Identification of environments.
(1) Except when included within specific prior designa-
tions as provided in subsections (2), (3), and (4) of this
section, the EDNA of any property shall be based on the
following typical uses, taking into consideration the
present, future, and historical usage, as well as the usage
of adjacent and other lands in the vicinity.
(a) Class A EDNA - Lands where human beings re-
side and sleep. Typically, Class A EDNA will be the
following types of property used for human habitation:
- (i) Residential •
(ii) Multiple family living accommodations
(iii) Recreational and entertainment, (e.g., camps,
parks, camping facilities, and resorts)
- (iv) Community service, (e.g., orphanages,. homes for
the aged, hospitals, health and correctional facilities)
• (b) Class B EDNA - Lands involving uses requiring
protection against noise interference with speech. Typic-
ally, Class B EDNA will be the following types of
property:
•(i) Commercial living accommodations
- (ii) Commercial dining establishments
•(iii) Motor vehicle services
<iv) Retail services
(1983 Ed.)
173 -60 -030
(v) Banks and office buildings
(vi) Miscellaneous commercial services, property not
used for human habitation
(vii) Recreation and entertainment, property not used
for human habitation (e.g., theaters, stadiums, fair-
grounds, and amusement parks)
(viii) Community services, property not used for hu-
man habitation (e.g., educational, religious, governmen-
tal, cultural and recreational facilities).
(c) Class C EDNA - Lands involving economic activ-
ities of such a nature that higher noise levels than expe-
rienced in other areas is normally to be anticipated.
• Persons working in these areas are normally covered by
noise control regulations of the department of labor and
industries. Uses typical of Class A EDNA are generally
not permitted within such areas. Typically, Class C
EDNA will be the following types of property:
(i) Storage, warehouse, and distribution facilities.
(ii) Industrial property used for the production and
fabrication of durable and nondurable man -made goods
(iii) Agricultural and silvicultura] property used for
the production of crops, wood products, or livestock.
(d) Where there is neither a zoning ordinance in ef-
fect nor an adopted comprehensive plan, the legislative
authority of local government may, by ordinance or res-
olution, designate specifically described EDNAs which
conform to the above use criteria and, upon departmen-
tal approval, EDNAs so designated shall be as set forth
in such local determination.
(e) Where no specific prior designation of EDNAs has
been made, the appropriate EDNA for properties in-
volved in any enforcement activity will be determined by
the investigating official on the basis of the criteria of
(a), (b), and (c) of this subsection.
(2) In areas covered by a local zoning ordinance, the
legislative authority of the local government may, by or-
dinance or resolution designate EDNAs to conform with
the zoning ordinance as follows:
(a) Residential zones - Class A EDNA
(b) Commercial zones - Class B EDNA .
(c) Industrial zones - Class C EDNA
Upon approval by the department, EDNAs so desig-
nated shall be as set forth in such local determination.
EDNA designations shall be amended as necessary to
conform to zone changes under the zoning ordinance.
(3) In areas not covered by a local zoning ordinance
but within the coverage of an adopted comprehensive
plan the legislative authority of the local government
may, by ordinance or resolution designate EDNAs to
conform with the comprehensive plan as follows:
' (a) Residential areas - ,Class A EDNA
(b) Commercial areas - Class B EDNA -
(c) Industrial areas - Class C EDNA
Upon approval by the department EDNAs so desig-
nated shall be as set forth in such local determination.
EDNA designations shall be amended as necessary to
conform to changes In the comprehensive plan. -
(4) The department recognizes that on certain lands,
serenity, tranquillity, or quiet are an essential part of the
quality of the environment and serve an important public
need. Special designation of such lands with appropriate
ride 173 WAC—p 141)
173-60-030
Title 173 WAC: Ecology, Department of
noise level standards by local government may be
adopted subject to approval by the department. The di-
rector may make such special designation pursuant to
the procedures of the Administrative Procedure Act,
chapter 34.04 RCW. {Order 74 -32, § 173-- 60 -030, filed
4/22/75, effective 9/1/75.]
WAC 173 -60 -040 Maximum permissible environ-
mental noise levels. (1) No person shall cause or permit
noise to intrude into the property of another person
which noise exceeds the maximum permissible noise lev-
els set forth below in this section.
(2) (a) The noise limitations established are as set
forth in the following table after any applicable adjust-
ments provided for herein are applied.
EDNA Of EDNA of
NOISE SOURCE RECEIVING PROPERTY
CLASS A
CLASS B
CLASS C
Class A Class B Class C
55dBA
57
60
57dBA
60
65
60dBA
65
70
(b) Between the hours of 10:00 p.m. and 7:00 a.m. the
noise limitations of the foregoing table shall be reduced
by 10 dBA for receiving property within Class A
EDNAs.
(c) At any hour of the day or night the applicable
noise limitations in (a) and (b) above may be exceeded
for any receiving property by no more than:
(i) 5 dBA for a total of 15 minutes in any one —hour
period; or •
(ii) 10 dBA for a total of 5 minutes in any one —hour
period; or
(iii) 15 dBA for a total of 1.5 minutes in any one —
hour period. [Order 74 -32, § 173-60-040, filed
4/22/75, effective 9/1/751
WAC 173-60-050 Exemptions. (1) The following
shall be exempt from the provisions of WAC 173 -60-
040 between the hours of 7:00 a.m. and 10:00 p.m.:
(a) Sounds originating from residential property re-
lating to temporary projects for the maintenance or re-
pair of homes, grounds and appurtenances.
(b) Sounds created by the discharge of firearms on
authorized shooting ranges.
(c) Sounds created by blasting.
(d) Sounds created by aircraft engine testing and
maintenance not related to flight operations: Provided,
That aircraft testing and maintenance shall be con-
ducted at remote sites whenever possible.
`(e) Sounds created by the installation or repair of es-
sential utility services.
(2) The following shall be exempt from the provisions
of WAC 173 -60-040 (2)(b):
(a) Noise from electrical substations and existing sta-
tionary equipment used in the conveyance of water,
waste water, and natural gas by a utility.
fritie 173 WAC—p 142]
(b) Noise from existing industrial installations which
exceed the standards contained in these regulations and
which, over the previous three years, have consistently
operated in excess of 15 hours per day as a consequence
of process necessity and /or demonstrated routine normal
operation. Changes in working hours, which would affect
exemptions under this regulation, require approval of the
department.
(3) The following shall be exempt from the provisions
of WAC 173- 60 -040, except insofar as such provisi
relate to the reception of noise within Class A ED
1
between the hours of 10:00 p.m. and 7:00 a.m.
(a) Sounds originating from temporary construction
sites as a result of construction activity. ;
(b) Sounds originating from forest harvesting and sil-
vicultural activity.
(4) The following shall be exempt from all provisions
of WAC 173- 60 -040:
(a) Sounds created by motor vehicles when regulated
by chapter 173-62 WAC.
(b) Sounds originating from aircraft in flight and
sounds that originate at airports which are directly re-
lated to flight operations.
(c) Sounds created by surface carriers engaged in in -4
terstate commerce by railroad.
(d) Sounds created by warning devices not operating
continuously for more than five minutes, or bells,
chimes, and carillons.
(e) Sounds created by safety and protective devices
where noise suppression would defeat the intent of the
device or is not economically feasible.
(f) Sounds created by emergency equipment and work
necessary in the interests of law enforcement or for
health safety or welfare of the community.
(g) Sounds originating from motor vehicle racing
events at existing authorized facilities.
(h) Sounds originating from officially sanctioned pa-
rades and other public events.
(i) Sounds emitted from petroleum refinery boilers
during startup of said boilers: Provided, That the startup
operation is performed during daytime hours whenever
possible.
(j) Sounds created by watercraft.
(k) Sounds created by the discharge of firearms in the
course of hunting.
(1) Sounds caused by natural phenomena and unamp-
lified human voices.'
(m) Sounds created by motor vehicles, licensed or un-
licensed, when operated off public highways EXCEPT
when such sounds are received in Class A EDNAs.
(n) Sounds originating from existing natural gas,-
transmission and distribution facilities. However, in cir-
cumstances where such sounds impact EDNA Class A
environments and complaints are received, the director.
or his designee may take action to abate by application
of EDNA Class C source limits to the facility under
requirements of WAC 173 -60-050(5).
(6) Nothing in these exemptions is intended to pre-
clude the department from requiring installation of the
best available noise abatement technology consistent
with economic feasibility. The establishment of any such
(1983 Ed.)
Maximum Environmental Noise Levels 173 -60 -110
requirement shall be subject to the provisions of the Ad-
ministrative Procedure Act, chapter 34.04 RCW. [Stat-
utory Authority: Chapter 70.107 RCW. 83 -15 -046
(Order DE 82 -42), § 173- 60-050, filed 7/19/83; Order
DE 77 -1, § 173 - 60-050, filed 6/1/77; Order 75 -18, §
173-60 -050, filed 8/1/75; Order 74 -32, § 173 - 60-050,
hied 4/22/75, effective 9/1/75.)
WAC 173 -60 -060 Nuisance regulations not prohib-
it. Nothing in this chapter or the exemptions provided
herein, shall be construed as preventing local govern-
ment from .regulating noise from any source as a nui-
sance. Local resolutions, ordinances, rules or regulations
regulating noise on such/a basis shall not be deemed in-
consistent with this chapter by the department. [Order
74-32, § 173 - 60-060, filed 4/22/75, effective 9/1/75.]
WAC 173-60 -070 Future regulations. It is the in-
tention of the department to establish use standards
and /or performance standards for the following sources
of noise exempted or partially exempted from the re-
quirements of this chapter within two years after ade-
quate legislative funding is made, available to conduct
studies providing the necessary data.
(1) Sounds created by aircraft engine testing and
maintenance not related to flight operations, through the
adoption of a new chapter 173-64 WAC.
(2) Sounds created by construction equipment and
emanating from construction sites, through the adoption
of a new chapter 173 -66 WAC.
.(3) Sounds created by motor vehicle racing events,
through the adoption of a new chapter 173 -63 WAC.
(4) Sounds created by watercraft, through the adop-
tion of a new chapter 173-70 WAC.
(5) Sounds created by the operation of equipment or
facilities of surface carriers engaged in commerce by .
railroad, to the extent consistent with federal law and
regulations through the adoption of a new chapter 173-
72 WAC. [Order DE 77 -1, § 173-60-070, filed 6/1/77;
Order 74-32, § 173 - 60-070, filed 4/22/75, effective
9/1/75.]
WAC 173 -60 -080 Variances and implementation
schedules. (1) Variances may be granted to any person
from any particular requirement of this chapter, if find-
ings are made that immediate compliance, with such re-
quirement cannot be achieved because of special
circumstances rendering immediate compliance unrea-
sonable in light of economic or physical .factors, en-
roachment [encroachment] upon an ,existing noise
source, or because of nonavailability of feasible technol-
ogy or control methods. Any such variance or renewal
thereof shall be granted only for the minimum time pe-
riod found to be necessary under the facts and
circumstances.
(2) An implementation schedule for achieving compli-
ance with this chapter shall be incorporated into any
variance issued.
(3) Variances shall be issued only upon application in
writing and after providing such information as may be
{1983 Ed.)
requested. No variance shall be issued for a period of
more than 30 days except upon due notice to the public
with opportunity to comment. Public hearings may be
held, when substantial public interest is shown, at the
discretion of the issuing agency.
(4) Sources of noise, subject to this chapter, upon
which construction begins after the effective date hereof
shall immediately comply with the requirements of this
chapter, except in .extraordinary circumstances where
overriding considerations of public interest dictate the
issuance of a variance. [Order 74 -32, § 173 - 60-080,
filed 4/22/75, effective 9/1/75.]
WAC 173 -60 -090 Enforcement policy. Noise meas-
urement for the purposes of enforcing the provisions of
WAC 173 -060-040 shall be measured in dBA with a
sound level meter with the point of measurement being
at any point within the receiving property. Such en-
forcement shall be undertaken only upon receipt of a
complaint made by a person who resides, owns property,
or is employed in the area affected by the noise com-
plained of, EXCEPT for parks, recreational areas, and
wildlife sanctuaries: For enforcement purposes pursuant
to RCW 70.107.050, each day, defined as the 24 -hour
period beginning at 12:01 a.m., in which violation of the
noise control regulations (chapter 173-60 WAC) occurs,
shall constitute a separate violation. [Order DE 76-5, §
173- 60-090,.filed 2/5/76; Order 74 -32, § 173- 60-090,
filed 4/22/75, effective 9/1/751
WAC 173-60 -100 Appeals. Any person aggrieved
by any decision of the department in relation to the en-
forcement of the maximum permissible noise levels pro-
vided for herein, the granting or denial of a variance or
the approval or disapproval of a local resolution or ordi-
nance for noise abatement and control may appeal to the
pollution control hearings board pursuant to chapter 43-
.21B RCW under the procedures of chapter 371 -08
WAC. [Order 74 -32,- § 173 -60 -100, filed 4/22/75, ef-
fective 9/1/75.]
WAC 173 -60 -110 Cooperation with local govern-
ment. (1) The department conceives the function of noise
abatement and control to be primarily the role of local
government and intends actively to encourage local gov-
ernment to ;adopt measures for noise abatement and
control. Wherever such measures are made effective and
are being actively enforced, the department does not in-
tend to engage directly in enforcement activities.
-, (2) No ordinance or resolution of any local govern-
ment which imposes noise control requirements differing
from those adopted by the department shall be effective
unless And until approved by the director. If approval is
denied, the department, within.60 days of submission of
such local ordinance or resolution to the department,
shall deliver its statement or order of denial, designating
in detail the specific provision(s) found to be objection-
able and the precise grounds upon which the denial is
based, and shall submit to the local government, the de-
partment's suggested modification.
"Title 173 WAC—p 1431
173 -60 -110 Title 173 WAC:
(3) The department shall encourage all local govern-
ments enforcing noise ordinances pursuant to this chap-
ter to consider noise criteria and land use planning and
zoning. [Order 74 -32, § 173 -60 -110, filed 4/22/75, ef-
fective 9/1/75.]
WAC 173 -60 -120 Effective date. This chapter shall
become effective on September 1, 1975. It is the inten-
tion of the department to periodically review the provi-
sions hereof as new information becomes available for
the purpose of making amendments as appropriate. [Or-
der 74-32, § 173-60-120, filed 4/22/75, effective
9/1/75.]
Chapter 173-62 WAC
MOTOR VEHICLE NOISE PERFORMANCE
STANDARDS
WAC
173 -62 -010
173 -62 -020
173-62-030
173 -62 -040
173 -62 -050
173 -62-060
173 -62 -070
Authority and purpose.
Definitions.
Standards.
Exemptions.
Implementation schedules.
Enforcement.
Effective date.
Ecology, Department of
WAC 173-62-010 Authority and purpose. (1) Un-
der RCW 70.107.030(5) of the Noise Control Act of
1974 (chapter 183, Laws of 1974), the legislature di-
rected the department of ecology, in exercising rule -
making authority to give first priority to the adoption of
motor vehicle noise performance standards. The purpose
of this chapter is to carry out that legislative directive
through the adoption of noise emission standards for new
motor vehicles and noise emission standards for the op-
eration of motor vehicles on public highways.
(2) Local needs. The standards established in this
chapter provide several methods of evaluating motor ve-
hicle noise levels. Nothing in these rules is meant to re-
quire enforcement agencies or local governments to
adopt or use every standard in this chapter to determine
a violation. Specific local needs shall dictate the
standard(s) which may be adopted or used. [Statutory
Authority: Chapter 70.107 RCW. 80 -14 -041 (Order
DE 80 -29), § 173 -62 -010, filed 9/30/80; Order DE
74-33, § 173-- 62 -010, filed 1/30/75, effective 7/1/75.]
WAC 173 -62 -020 Definitions. As used in this
chapter:
(1) "dBA" means the sound level in decibels mea-
sured using the "A" weighting network on a sound level
meter as specified in the American National Standard
Specification For Sound Level Meters S1.4 -1971. A
decibel is a unit of sound, based on a logarithmic scale,
of the ratio of the magnitude of a particular sound pres-
sure to a standard reference pressure of 20 micropascals;
(2) "Department" means the department of ecology;
(3) "Director" means director of the department of
ecology;
(rifle 173 WAC—p 1441
(4) "Gross vehicle weight rating (GVWR)" means the
value specified by the manufacturer as the loaded weight
of a single vehicle;
(5) "In -use" motor vehicle is any motor vehicle which
is used on a public highway, except farm vehicles as de-
fined under RCW 46.04.181;
(6) "Motor vehicle" means any vehicle which is self -
propelled, used primarily for transporting persons or
property upon public highways and required to be li-
censed under RCW 46.16.010 (aircraft, water craft and
vehicles used exclusively on stationary rails or tracks are
not motor vehicles as that term is used herein); .
(7) "Motorcycle" means any motor vehicle having a
saddle for the use of the rider and designed to travel on
not more than three wheels in contact with the ground,
except farm tractors;
(8) "Muffler" means a device consisting of a series of
chambers or other mechanical designs for the purpose of
receiving exhaust gas from an internal combustion en-
gine and effective in reducing noise to comply with the
standards of this chapter;
(9) "New motor vehicle" means a motor vehicle man-
ufactured after December 31, 1975, whose equitable or =g. •
legal title has never been transferred to a person who, in ,.
good faith, purchases the new motor vehicle for purposes
other than resale;
r
a
(10) "Off - highway vehicle" means any self - propelled ,.,
vehicle not used primarily for transporting persons or -
property upon public highways nor required to be li-
censed under RCW 46.16.010; r'
'$.
( I 1 ) "Person" means any individual, corporation,.,
partnership, association, governmental body, state
agency or other entity whatsoever;
(12) "Public highway" means the entire width be-
tween the boundary lines of every way publicly main-
tained by the department of highways or any county or'
city when any part thereof is generally open to the use of 4.:
the public for purposes of vehicular travel as a matter of =
right;
(13) "Sound level" means a weighted sound pressure
level measured by use of a sound level meter using the
"A" weighting network and reported as dBA. [Statutory,
Authority: Chapter 70.107 RCW. 80 -14 -041 .(Order
DE .80 -29), § 173- 62 -020, filed 9/30/80; Order DE
75 -17, § 173- 62 -020, filed 8/11/75; Order DE- 74- 33,; -:.
§ 173 -62 -020, filed 1/30/75, effective 7/ 1 /75.]'
it .
WAC 173-62 -030 Standards. (1) No person shall
operate any motor vehicle or any combination of such
vehicles upon any public highway under any conditions..:
of grade, load, acceleration or deceleration in such a,�
manner as to exceed the maximum permissible soundl .
levels for the category of vehicle in Table 1, as measured
at a distance of 50 feet (15.2 meters) from the center of ., .
the lane of travel within the speed limits specified, wide
�
procedures established by the state commission•on;
equipment in chapter 204 -56 WAC, "procedures for, ,.
measuring motor vehicle sound levels."
'rs
Watercraft Noise Performance Standards
(6) Any seller, importer, or manufacturer who sells or
offers for sale a motor vehicle which violates the stand-
ards in WAC 173 -62 -030 shall be subject to a civil
penalty not to exceed one hundred dollars as established
in RCW 70.107.050. Every motor vehicle sold or offered
for sale shall constitute a separate violation. [Statutory
Authority: Chapter 70.107 RCW. 80 -14 -041 (Order
DE 80 -29), § 173- 62 -060, filed 9/30/80; Order DE
74_33, § 173- 62 -060, filed 1/30/75, effective 7/1/751
WAC 173 -62 -070 Effective date. This chapter shall
become effective July 1, 1975. [Order DE 74-33, § 173-
62-070, filed 1/30/75, effective 7/1/75.]
Chapter 173 -70 WAC
WATERCRAFT NOISE PERFORMANCE
STANDARDS
WAC
173 -70-010
173 -70-020
173 -70-030
173 -70-040
173 -70-050
173 -70-060
173-70-070
173 - 70-080
173 - 70-090
173 - 70-100
173 - 70-110
173 - 70-120
Introduction.
Definitions.
Identification of receiving property environments.
Standards.
Exemptions.
Nuisance regulations not prohibited.
Future standards.
Implementation schedules.
Enforcement.
Appeals.
Cooperation with local government.
Effective date.
WAC 173 -70 -010 Introduction. (1) Authority and
purpose. These rules are adopted pursuant to chapter
70.107 RCW, the Noise Control Act of 1974, in order to
establish noise performance standards for watercraft
operating on all waters of Washington state.
(2) Local needs. The standards established in this
chapter assume a general view toward providing as many
methods of watercraft noise measurement as possible.
Nothing in these regulations is meant to require a local
government to adopt every standard in this chapter.
Specific local needs shall dictate the specific standards
which the local government shall adopt. [Statutory Au-
thority: Chapter 70.107 RCW. 79 -04 -034 (Order DE
78 -20), § 173 -70 -010, filed 3/22/79, effective 5/1/791
WAC 173 -70 -020 Definitions. As used in this
chapter, unless the context clearly indicates otherwise:
(1) "dB(A) "- means the sound pressure level in deci-
bels measured using the `'A" weighting network on a
sound level meter. The sound pressure level, in decibels,
of a sound is 20 times the logarithm to the base 10 of
the ratio of -the pressure of the sound to a reference
pressure of 20 micropascals.
(2) "Department" means the department of ecology.
(3) "Director" means the director of the department
of ecology.
(4) "EDNA" means the environmental designation for
noise abatement, being an area or zone (environment)
within which maximum permissible noise levels are
established.
0983 Ed.)
173 -70 -030
(5) "Local government" means county or city govern-
ment or any combination of the two.
(6) "Muffler" means a device consisting of a series of
chambers or other mechanical designs for the purpose of
receiving exhaust gas from an engine, or for the purpose
of introducing water to the flow of the exhaust gas, and
which is effective in reducing noise from the engine
exhaust.
(7) "Noise" means the intensity, duration, and char-
acter of sounds, from any and all sources.
(8) "Operator" means any person who is in actual
physical or electronic control of a powered watercraft.
(9) "Person" means any individual, corporation, part-
nership, association, governmental body, state agency, or
other entity whatsoever.
(10) "Property boundary" means the surveyed line at
ground surface which separates the real property owned,
rented, or leased by one or more persons, from that
owned, rented, or leased by one or more other persons,
and its vertical extension.
(11) "Receiving property" means real property within
which the maximum permissible noise levels specified in
this chapter shall not be exceeded from sources outside
such property. '
(12) "Sound level meter" means a device which mea-
sures sound pressure levels and conforms to Type 1,
Type 2, or Type 3 as specified in the American National
Standards Institute Specification SI.4 -1971.
(13) "Shoreline" means the existing intersection of
water with the ground surface or with any permanent,
shore connected facility.
(14) "Watercraft" means any contrivance, excluding
aircraft, used or capable of being used as a means of
transportation or recreation on water, including model
craft, powered by an internal or external combustion
engine.
(15) "New watercraft' means a watercraft with an
internal or external combustion engine which has been
manufactured after December 31, 1979, and for which
the equitable or legal title has never been transferred to
a person who, in good faith, purchases the new water-
craft and /or engine for purposes other than resale.
(16) 'Waters of Washington state" include all lakes,
rivers, ponds, streams, inland waters, saltwaters and all
other surface waters and watercourses within the juris-
diction of the state of Washington. [Statutory Authority:
Chapter 70.107 RCW. 79-04 -034 (Order DE 78 -20), §
173 - 70-020, filed 3/22/79, effective 5/1/79.]
WAC 173-70-030 Identification of receiving- prop-
erty environments. (1) Except when included within spe-
cific prior designations as provided in subsections (2),
(3), and (4) of this section, the EDNA of any property
shall be based on the following typical uses, taking into
consideration the present, future, and historical usage, as
well as the usage of adjacent and other lands in the
vicinity.
(a) Class A EDNA - Properties where human beings
reside and sleep. Typically, Class A EDNA will be the
following types of property used for human habitation:
(i) Residential.
[Title 173 WAC—p 147j
173 -70 -030 Title 173 WAC: Ecology, Department of
(ii) Multiple family living accommodations.
(iii) Recreational and entertainment, (e.g., camps,
parks, camping facilities, and resorts).
(iv) Community service, (e.g., orphanages, homes for
the aged, hospitals, health, and correctional facilities).
(b) Class B EDNA — Properties involving -uses requir-
ing protection against noise interference with speech.
Typically, Class B EDNA will be the following types of
property:
(i) Commercial living accommodations.
(ii) Commercial dining establishments.
(iii) Motor vehicle services.
(iv) Retail services.
(v) Banks and office buildings.
(vi) Miscellaneous commercial services, property not
used for human habitation.
(vii) Recreation and entertainment, property not used
for human habitation (e.g., theaters, stadiums, fair-
grounds, and amusement parks).
(viii) Community services, property not used for hu-
man habitation (e.g.. educational, religious, governmen-
tal, cultural and recreational facilities).
(c) Class C EDNA — Properties involving economic
activities of such a nature that higher noise levels than
experienced in other areas is normally to be anticipated.
Persons working in these areas are normally covered by
noise control regulations of the department of labor and
industries. Uses typical of Class A EDNA are generally
not permitted within such areas. Typically, Class C
EDNA will be the following types of property:
(i) Storage, warehouse, and distribution facilities.
(ii) Industrial property used for the production and
fabrication of durable and nondurable man - -made goods.
(iii) Agricultural, aquacultural, and silvicultural prop-
erty used for the production of crops, wood products,
food products, or livestock.
(d) Where there is neither a zoning ordinance in ef-
fect nor an adopted comprehensive plan, the legislative
authority of local government may, by ordinance or res-
olution, designate specifically described EDNAs which
conform to the above use criteria and, upon departmen-
tal approval, EDNAs so designated shall be as set forth
in such local determination.
(e) Where no specific prior designation of EDNAs has
been made, the appropriate EDNA for ,properties in-
volved in any enforcement activity will be determined by
the investigating official on the 'basis of the criteria of
subparagraphs (a), (b), and (c) of this subsection.
(2) In areas covered by a local zoning ordinance, the
legislative authority of the local government may, by or-
dinance or resolution, designate EDNAs to conform with
the zoning ordinance as follows:
(a) Residential zones — Class A EDNA;
(b) Commercial zones — Class B EDNA; -.a. +
(c) Industrial zones — Class C EDNA. .
Upon approval by the department, EDNAs so desig-
nated shall be as set forth in such local determination.
EDNA designations shall be amended as necessary to
conform to zone changes under the zoning ordinance.
(3) In areas not covered by a local zoning ordinance,
but within the coverage of an adopted comprehensive
1Tilte 173 WAC—p 148}
plan, the legislative authority of the local govcrnmen
may, by ordinance or resolution, designate EDNAs.to
conform with the comprehensive plan as follows:
(a) Residential areas -- Class A EDNA;
(b) Commercial areas — Class B EDNA;
(c) Industrial areas — Class C EDNA.
Upon approval by the department, EDNAs so desig
nated shall be set forth in such local determination
EDNA designations shall be amended as necessary .to
conform to changes in the comprehensive plan.
(4) The department recognizes that on certain 1
serenity, tranquility, or quiet are an essential p9rt o
quality of the environment and serve an important public
need. Special designation of such lands with appropriate
watercraft noise level standards by local governmen
may be adopted subject to approval by the departmen
The director may make such special designation pursu-
ant to the procedures of the Administrative Procedure
Act, chapter 34.04 RCW. [Statutory Authority: Chapter
70.107 RCW. 79 -04-034 (Order DE 78 -20), § 173 -7
030, filed 3/22/79, effective 5/1/79.)
WAC 173--70 -040 Standards. (1) Any watercraft
operated on the waters of Washington state shall be
equipped with a, muffler which shall be maintained in
proper working condition. Any of the following defects
in the muffling system shall constitute a violation of this
regulation:
(a) The absence of a muffler;
(b) The presence of a muffler .cut -out, bypass, or
similar device which is not standard or normal equip-
ment for the exhaust system being inspected; ; *s
(c) Defects in the exhaust system including, but not -
limited to, pinched outlets, holes, or rusted — through 'ar-
eas of the .muffler or pipes; tf;.
(d) The presence of equipment which will produce ex-
cessive or unusual noise from the exhaust system.
(2) No person shall operate any watercraft on the,
waters of Washington state in such a manner as to ex-J,
ceed the following maximum noise limits when measured
at the shoreline or anywhere within a receiving property.;
(a) At any hour of the day or night, the limit for any,.
receiving property shall be 74 dBA; • ?# 44,
(b) Between sunset and sunrise, the limit fora Class,
A EDNA receiving property shall be 64 dBA.
Enforcement of the above standards shall "R under-
taken only upon receipt of.a complaint made by'a• person
who resides, owns property,'or is employed in the area
affected by the noise complained of, except for persons
in parks, recreational areas, and wildlife sanctuaries. its..
(3) ,Any watercraft .operated :on the waters . -0f
Washington state shall not exceed the following maxi -j
mum noise .limits when measured at a distance of not
less than fifty feet from the closest point of the
watercraft's hull :according to procedures established in
WAC 173- 58 -090, "watercraft. sound level meas.
ment procedure."
-:(a) For watercraft and engines manufactured before 4
January 1, 1980, a noise level of 84 dBA. —
(b) For watercraft and engines manufactured after.
January 1, 1980, a noise level of 82 dBA.
(1983 E4.
Watercraft Noise Performance Standards
(c) For watercraft and engines manufactured after
January 1, 1984, a noise level of 80 dBA.
(4) Any watercraft operated on the waters of
Washington state shall not exceed the following maxi-
mum noise limits when measured at a distance of twenty
inches (0.5 meter) from the exhaust outlet according to
procedures established in WAC 173- 58 -080, "close
proximity exhaust system sound level measurement pro-
cedure." These standards shall not apply to exhaust sys-
tems which utilize the introduction of water to the
exhaust gas flow, or systems which exhaust the gas di-
rectly into water.
(a) For watercraft and engines manufactured before
January 1, 1980, a noise level of 98 dBA.
(b) For watercraft and engines manufactured after
January 1, 1980, a noise level of 96 dBA.
(c) For watercraft and engines ianufactured after
January 1, 1984, a noise level of 94 dBA.
(5) No person shall sell or offer for sale a new water-
craft, or new watercraft engine for use in any existing
watercraft which exceeds the following maximum noise
limits when measured according to the procedures of the
society of automotive engineer's recommended practice
SAE -J34.
(a) For watercraft and engines
January 1, 1980, a noise level of 82
(b) For watercraft and engines
January 1, 1984, a noise level of
Authority: Chapter 70.107 RCW.
DE 78 -20), § 173 -70 -040, filed
5/1/79.]
manufactured after
dBA.
manufactured after
80 dBA. [Statutory
79 -04 -034 (Order
3/22/79, effective
WAC 173 -70 -050 Exemptions. (1) Normal dock-
ing, undocking, and water skier pick -up and drop -off
operations of all watercraft shall be exempt from the
provisions of WAC 173 - 70-040(2).
(2) The following sounds shall be exempt from all
provisions of WAC 173 -70 -040.
(a) Sounds created by the operation of commercial,
nonrecreational watercraft. These commercial activities
include, but are not limited to, tugboats, fishing boats,
ferries, and vessels engaged in intrastate, interstate or
international commerce.
(b) Sounds created by safety and protective. devices
where noise suppression would defeat the intent of the
device. . -
(c) Sounds created by a warning device not operating
continuously for more than five minutes.
(d) ,Sounds created by emergency equipment for
emergency 'work necessary in the interests of .law en-
forcement or for the health,' safety, and welfare of the
community. •, 4 • r • If T... "J.
(e) Sounds treated by auxiliary equipment operated
on watercraft for the purposes of . dredging, pile idriving,
operation of a marina, clam and oyster harvesting are
exempt,' however, such operations are not exempt from
requirements of chapter .173-60 WAC 'maximum envi-
ronmental noise levels."
(3) The provisions of WAC 173 -70-040 shall not ap-
ply to motorboats competing under a local public entity
or United States Coast Guard permit in a regatta, in a
4
(1983 Ed.)
173 -70 -080
boat race, while on trial runs, or while on official trials
for speed records during the time and in the designated
area authorized by the permit. In addition, motorboats
preparing for an officially sanctioned race or regatta are
exempt if authorized by a permit issued by the local en-
tity having jurisdiction over the area where the prepara-
tions will occur.
(4) Nothing in these exemptions is intended to pre-
clude the enforcing or permitting authority from requir-
ing installation of the 'best available noise abatement
technology consistent with economic feasibility. [Statu-
tory Authority: Chapter 70.107 RCW. 79 -04-034 (Or-
der DE 78 -20), § 173 - 70-050, filed 3/22/79, effective
5/1/79.]
WAC 173 -70 -060 Nuisance regulations not prohib-
ited. Nothing in this chapter or the exemptions provided
herein shall be construed as preventing local government
from regulating noise from watercraft as a nuisance.
Local resolutions, ordinances, rules, or regulations regu-
lating watercraft noise on such a basis shall not be
deemed inconsistent with this chapter by the depart-
ment. [Statutory Authority: Chapter 70.107 RCW. 79-
04-034 (Order DE 78 -20), § 173 - 70-060, filed
3/22/79, effective 5/1/79.]
WAC 173 -70 -070 Future standards. It is the inten-
tion of the department to establish use standards and /or
performance standards for the following sources of noise
exempted or partially exempted from the requirements
of this chapter. Adoption of these standards will depend
on the extent of future local needs, and on the provision
of adequate legislative funding to conduct studies pro-
viding necessary data.
(1) Sounds created by commercial, nonrecreational
watercraft through the amendment of this chapter.
(2) Sounds created by watercraft racing events
through the amendment of this chapter. [Statutory Au-
thority: Chapter 70.107 RCW. 79 -04 -034 (Order DE
78 -20), § 173 - 70-070, filed 3/22/79, effective 5/1/79.]
WAC 173 -70 -080 Implementation schedules. (1)
Conditions of issuance.
.The department' or local entity with an ordinance
which has been approved by ,the department may ap-
prove and issue to any person an .implementation sched-
ule for meeting. any particular requirement of this
chapter if it finds that immediate'compliance with such
requirement cannot be achieved because of conditions
beyond the control of such person or because of special
circumstances rendering immediate compliance unrea-
sonable in light of 'economic or physical factors or be-
cause of the nonavailability of feasible technology or
control methods. ..:,: , -
~ (2) Request procedure. ,.: .
Implementation schedules shall be issued only upon
application in writing to the department or local entity
with an approved ordinance. Such application shall state
in a concise manner the facts to show cause why such
schedule should be approved. Any aggrieved .person may
appeal the department's decision on an application to the
!Title 173 WAC ---p 149]
173 -70 -080
Title 173 WAC: Ecology, Department of
pollution control hearings board pursuant to chapter 43-
.21B RCW. [Statutory Authority: Chapter 70.107
RCW. 79- 04-034 (Order DE 78 -20), § 173 - 70-080,
filed 3/22/79, effective 5/1/79.]
WAC 173 -70 -090 Enforcement. (1) Measurements
shall be made with a sound level meter meeting Type 1
or Type 2 standards as specified in the American Na-
tional Standards Institute Specifications S1.4 -1971 to
document violations for final enforcement actions under
measurement procedures established in chapter 173 -58
WAC.
(2) Any law enforcement officer or noise control en-
forcement personnel shall be competent in the use of
sound measuring equipment, The personnel shall be
trained by the department, or by a person certified by
the department, in the use of the watercraft sound level
measurement procedures established in chapter 173 -58
WAC. Any enforcement personnel who by the use of the
initial inspection procedure of WAC 173 -58 -080(2)
suspects that a watercraft may be in violation of the
standards of this chapter, shall require the operator to
submit to a measurement of the sound level of the wa-
tercraft according to the procedures of chapter 173 -58
WAC: Provided, That the enforcement personnel shall
have discretion in determining whether measurement
would occur under unsafe conditions. Weather, water
conditions, operator competence, and similar considera-
tions shall be taken into account. If conditions are un-
safe, measurement shall not be required. Shoreline
measurements shall be made under any conditions, ex-
cept as provided in WAC 173- 58 -040, ambient
conditions.
(3) Any operator who fails to comply with the direc-
tive to submit to a sound level measurement shall be in
violation of this chapter.
(4) Any person operating a watercraft found in viola-
tion of the established noise levels of this chapter shall
be subject to a civil penalty not to exceed one hundred
dollars per day of violation.
(5) Any seller, importer, or manufacturer who violates
the standards in WAC 173 - 70-040(4) shall be subject
to a civil penalty not to exceed one hundred dollars as
established in RCW 70.107.050. Each watercraft or en-
gine offered for sale or sold shall constitute a separate
violation. [Statutory Authority: Chapter 70.107 . RCW.
79-04-034 (Order DE 78 -20), § 173 - 70-090, filed
3/22/79, effective 5/1/79.]
WAC 173-70 -100 Appeals. Any ,person aggrieved
by any final decision of the department in relation to the
enforcement of the watercraft noise levels provided for
in this chapter, the granting or denial of a variance or
the approval or disapproval of a local resolution or ordi-
nance for noise abatement and control may appeal to the
pollution control hearings board pursuant to chapter 43-
.21 B RCW under the procedures of chapter 371 -08
WAC. [Statutory Authority: Chapter 70.107 RCW. 79-
04-034 (Order DE 78 -20), § 173 -70 -100, filed
3/22/79, effective 5/1/79.]
WAC 173 -70 -110 Cooperation with local govern-
ment. (1) The department conceives the function of noise
abatement and control to be primarily the role of local .�
government and intends actively to encourage local gov
ernment to adopt measures for noise abatement and
control. Wherever such measures are made effective and
are being actively enforced, the department does not in-
tend to engage directly in enforcement activities.
(2) No ordinance or resolution of any local govern- .,
meet which imposes watercraft noise control require-
ments differing from those adopted by the department
shall be effective unless and until approved by the direc-
tor. If approval is denied, the department, within sixty
days of receipt of such local ordinance or resolution by, c.
the department, shall deliver its statement or order of
denial, designating in detail the specific provision(s) ,
found to be objectionable and the precise grounds upon -
which the denial is based, and shall submit to the local
government, the department's suggested modification.
[Statutory Authority: Chapter 70.107 RCW. 79 -04 -034
(Order DE 78 -20), § 173 -70 -110, filed 3/22/79, effec-
tive 5/1/79.]
WAC 173 -70 -120 Effective date. This chapter shall,
become effective on May 1, 1979. It is the intention of
the department to periodically review the provisions in._
this chapter as new information becomes available for
the purpose of making amendments as appropriate..
[Statutory Authority: Chapter-70.107 RCW. 79-04-034
(Order DE 78 -20), § 173 -70 -120, filed 3/22/79, effec,j
tive 5/1/79.] .;
Chapter 173 -80 WAC
LIMITATIONS ON USE OF REFERENDUM 39
GRANT FUNDS FOR WATER POLLUTION
ABATEMENT
WAC
173 - 80-010 Purpose and scope.
173 -80-020 Definitions.
173 - 80-030 Limitations on the use of funds.
173 - 80-040 Provision of guidelines. • Vat
17340 -050 'Wastewater treatment works grants— Priority rating I
• and other provisions.
173-80-060 Lake restoration project grants — General eligibility
requirements and priority rating.
173 -80-070 Agricultural wastes project grants — General d igilail-
ity requirements and priority rating.
VAC 173 -80 -010 Purpose and scope. The purpose
of this chapter is 10 set forth limitations on the alloca :.-
tion and uses of 'monies administered by the department,°
of ecology for purposes of providing grants and loans for,o .;
wastewater .treatment facilities, agricultural pollution
abatement facilities, and lake restoration projects pursu- 7
ant to chapter 43.99F RCW (Referendum 39). To de
rive the most benefit for the state , in protecting the
health and safety of the people it is necessary to estab -3; -;
fish criteria for the use of funds made available by Ref- -
erendum 39. This chapter will outline (1) limitations on
the allocation and uses of the funds, (2) the criteria to
be considered for determining who will receive funds, •*
(Tike 173 WAC—p 150] 0983 Ed.)
MEMORANDUM
TO: City Council �.
FROM: Planning Dep .H� -nt
•
SUBJ: Del Hur Eastside + ' exation
A 82(11)2
ISSUE:
August 4, 1984
Formal adoption of the ordinance annexing 55 acres immediately east of
Peninsula Golf Course and south of State Route 101 East.
BACKGROUND:
In February of this year, the City Council, by motion, concurred with
the Planning Commission regarding annexation of the 55 acres, subject to
the preparation of a master plan and correction of a storm water culvert.
During the spring, a master plan waa developed and agreed upon by the
applicant and City staff, and presented to the Council.( a copy is
attached to this nerno) July 19, 1984, the applicant notified the City
that the existing storm water culvert had been corrected, per condition
#2. Accordingly, the Staff scheduled formal adoption of the annexation
ordinance for this Council meeting, and began work on the annexation
agreement. (copies of which are attached for Council's convenience) The
applicant should be bringing signed copies of the annexation agreement to
the Council meeting.
REC I DATION:
If Council is satisfied with the annexation agreement, and the applicants
have provided the Council with the signed copy, the Council could proceed
to formally annex the 55 acre parcel. Formal annexation requires two
motions: the first motion should authorize the Mayor to sign the annexation
agreement, the second motion should adopt the annexation ordinance. Staff
will be available to respond to questions.