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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.