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14837 99th Ave SE 082903August 29, 2003 City of Yelm Community Development Department 105 Yelm Avenue Weat P.O. Box 479 Yelm, WA 98597 Karen Kangas 202 SW Edwards Street - Number 11 Yelm, WA 98597 Dear Ms.Kangas: This letter is in response to your Citizen Action Request. The Community Development Department has completed its investigation of the noise levels generated by Harding Evergreen as they relate to adopted noise regulations and has determined that no violation of existing laws exist, based on the following findings: Section 17.57.030 Yelm Municipal Code (Environmental Performance Standards - Noise) adopts Chapter 173-60 Washington Administrative Code (Maximum Environmental Noise Levels) and establishes Environmental Designation for Noise Abatement (EDNA) areas within the City of Yelm. The City has identifed EDNA's based on the zoning classification of the property, with Commercial Zones being identified as EDNA Class B. The Harding Evergreen property as well as the Rainier Apartments are both designated Commercial (C -1) by the Zoning Code. Section 173 -60 -040 WAC establishes a maximum noise limitation of 60 dBA when both the source and receiving property are identified as EDNA Class B. This threshold may be exceeded 5 dBA for a total of 15 minutes, 10 dBA for a total of 5 minutes, and 15 dBA for a total of 1.5 minutes within a one -hour period. The City contracted with Construction Testing Laboratories, Inc. to conduct noise tests. On August 20, 2003, Construction Testing performed four tests at locations along the property line of the Rainier Apartments on Railroad Street. The maximum recorded noise level in these tests was 50 dBA. The Compressor at Harding Evergreen was running during two of the tests Attached for your information is a copy of Chapter 17.57 YMC and the report from Construction Testing Laboratories, Inc. I would like to take this opportunity to address your concerns relating to the conduct of the sound test and why access to the consultant was not provided to either side of the (360) 45X8108 (.700) 15X3144 FAX investigation. At all times, but particularly during potential enforcement proceedings, the Department's duty is to the general public to act as an impartial party to the dispute. The purpose of hiring a consultant to conduct the sound tests was twofold: the City does not have the equipment to conduct a proper study itself; and the City required a determination untainted the potential appearance of unfairness if the study had been paid for by either yourself or the property owner. Because of the City's responsibility to both sides of the issue, it is appropriate that neither side have access to the consultant and that they report solely to the Code Enforcement Officer. Beck, of Community Development C. Shelly Badger, City Administrator Ron Harding, Harding Evergreen Yehn Municipal Code 17.57.040 Chapter 17.57 ENVIRONMENTAL PERFORMANCE STANDARDS Sections: 17.57.010 17.57.020 17.57.030 17.57.040 17.57.050 17.57.060 17.57.080 Intent. Environmental performance standards. Noise. Emissions. Aquifer, ground and soil contamination. Storage. Enforcement. 17.57.010 Intent. It is the inted of this chapter to: A. Protect public health and general welfare; B. Establish minimum standards for the control of environmental pollution; C. hfinlmize the adverse effects of comami- nanm which may result from the use of land by any activity or person. (Ord. 561 § 3, 1995; Ord 555 § 14, 1995). 17.57.020 Environmental performance standards. It shall be the responsibility of the operator and/or the proprietor of any permitted use and the owner of the property upon which such use is to be developed or conducted to provide such reasonable evidence and technical data as the approval author- ity may require to demonstrate that the use or activ- ity or the development of the property for such use or activity is or will be in compliance with the requirements and performance standards of this code. Failure of the approval authority to require such information shall not be construed as relieving the operator and/or the proprietor or property owner from compliance with the requirements and envi- ronmental performance standards of this code. (Ord. 561 § 3, 1995; Ord. 555 § 14, 1995). 17.57.030 Noise. A. The maximum allowable noise levels as measured at the property line of noise - impacted uses or activities shall be those set forth in Chapter 173 -60 WAC, titled "Maximum Environmental Noise Levels," which chapter is incorporated by reference. 17 -51 B. The Environmental Designation for Noise Abatement (EDNA) for the several land use clusi- fications of this title shall be as follows: All living auras (single-family, multifamily, etc.) A All commercial areas B All public/institutional areas A All industrial, warehouse areas C C. Noise levels of any sound source, when mea- sured in the manner and locations prescribed in Chapter 173 -60 WAC shall not exceed the values shown in Chapter 173 -60 WAC. (Ord 561 § 3, 1995; Ord 555 § 14, 1995). 17.57.040 Emissions. A. Air Pollution. Air pollution shall be con- trolled by the operator and/or the proprietor of any land use or activity permitted by this chapter. The ambient air quality standards specified in Regulation I of the Olympia Air Pollution Control Authority (OAPCA) shall apply to all air contami- nants listed therein. B. Toxic Substances. Toxic substances shall be kept to concentrations not exceeding one - fiftieth of interior standards by use of the best available con- trol methods and technology in all phases of plant operation and handling of materials, and by an active commitment to good housekeeping prac- tices. Toxic substances not listed in Regulation I of OAPCA, but released into the am, shall be limited in accordance with the most current publication entitled "Threshold Limit Values" of the American Conference of Governmental Hygienists. C. Sewer Use. Liquid wastes shall be disposed of through local sanitary sewer systems only upon approval of affected public sewer authorities and pretreatment to reduce both load and toxicity to approximate domestic strength for pH, BOD, TSS and other parameters regulated in the Yelm's NPDES permit. Reuse/recycling may be required to minimize industrial loading. D. Waste Disposal. Liquid or solid wastes unacceptable to public sewer authorities shall be disposed of on a regular basis in keeping with the best operating characteristics of the industry, and in compliance with the regulations and require- ments of local, regional, state or federal agencies having jurisdiction in waste disposal and environ- mental health and safety. E. Heat and Glare. Any operation producing intense heat or glare shall be performed within an FROM :CTL FAX No. :253 383 2231 Aug. 29 2003 89:1141 P1 CONSTRUCTION TESTING LABORATORIIEoS, INC. ee6 su to lot, rcdomo,wa 98421 Telephone (253) 383 -8778 Qy•xv Focsim le (253) 383.2231 wtwolKS;ait[ sne[T Dorn!! r ! ai[ah r MtE a(v. rrroeee vn,.no nrarn A ust 29 2003 T -2215 Trannge p.fr nrJ in'� Awe LEVEL TESTING Yelm CITY OF YELM — Ga CadS06 360 458 -3144 :€ .x F4 sH�b�.�k^' T �i.v,'.r' .5•: -r a �,t`}�,. ASAP < NORMAt'E mtoldEgai"GL$i1T' /� X FOR YOUR ORlriATION .,,�; �cY2`{ '.,;1`� +.J : 9 ,F 1✓ �f "p..'6" liC isi ,pppr2 -------------- v 'T ..Yt+t t ti �� Gr 't4YO!s ---- -- •. NEEQMM�REINF9FJd�TI®Nz ye .,•.o A 'jt+i y.d j'�y'_, ( t i 1r i' � - .�. Cucnw_4FLL'.ai F, 1~• �:1�_CY1F- IY��(� ; t ti - -Er ,o .3 DPGC;B(,3NCLUDI,y w GbY60.5HEE' T'1= ".• n.5 "RSF' N 'yFf ARE 'Greenlee Decibel Level' Field Inspection Report for the above project ' w Dated August 20, 2003 r.. 75s,ao§u. e..rt�4• The documents accompanying this tdeoopy transmission contain confidential Information. wh¢n Is Dally prrv:'ieged. The information is intended only for the use of the recipient named above If you have received this telecopy In errcr. please notify us immediately by telephone to arrange for the return of the telaeop ed documents to us you are hereby notified that any disclosure. copying, distribution, or taking of any action In reliance on the contents of this talecodied Information Is strictly prohibited wtwolKS;ait[ sne[T Dorn!! r ! ai[ah r MtE a(v. rrroeee vn,.no nrarn FPW 7CTL FAX N0. :253 363 2231 Aug. 29 2003 09:13G P2 CONSTRUCTION TESTING LABORATORIES, INC. WA98421 1201 East D Sheet, Suite 101, Tocomo, Telephone (253) 383 -8778 3 2231 IT K,, Faaimile (2531 J9 Aug. 20, 2003 ofYelm CITY OF YELM - SOUND LEVEL TESTING - N/A tgas Yelm, WAa 1510 —.- Gient 01 �+ — WA > WA i ii NlA ,a,q � T -2215 _ �x•.kf% I arrived on the jobs perform special inspection and field testing for today's scheduled record the decibel level testing. Inspection and testing performed as follows: Using CTL's "Greenlee Decibel Level — Meter # 93 -20', 1 tested the decibel level at the sr properly line on 202 Edwards. Four readings were obtained along the property line. s Results are as follows: TEST # LOCATIONS 1 49 dBA 2 49 dBA 3 50 dBA 4 50 dBA Resuhs at test locations 3 & 4 were recorded during the operation of a compressor located at the business across the street. z s .:l hAw +.�3�n in 1".31 - .Cr i "rte+• r' Pict 1 / N/A CLEAR ";: f a; D. Smith / fd melt- Y1T0}Yl0""Y ®oolr�N4. -,MOU.nawlt•d"wIWYM.MY ,�. "�T "baer..wrs�. wni w..-�RaNUw. -��4 an "em oa,noo l . yJ i � � � V ' ,' . ,. ..' 1� .4 . ., � � • � ,� A,5' . �' rt � �� ' i� ill / ��, �� ✓� i . �� . � ' f �� `! � _ i Grant Beck From: Shelly Badger [shelly @yelmtel.comj Sent: Monday, September 08, 2003 10:50 AM To: Grant Beck Subject: Fw: Citzen Action Request This has Adam's name on It too, but before I forward It to him, could you give me your thoughts on next steps needed so I can give him that Info also? Thanks ..... sb P.S. and you wanted us to have a websfte ?f Shelly Badger Yelm City Administrator P.O. Box 479, Yelm, WA 98597 360358 -8405 shelly @yelmtel,com - - -- Original Message - - - -- From: karen k To: dspivey@ywave.com Cc: shelly @yelmtel.com Sent: Monday, September 08, 2003 10:16 AM Subject: Citizen Action Request City of Yelm: Grant Beck, Director Department of Community Development Shelly Badger, City Administrator Adam Rivas, Mayor Re: Noise nuisance generated by Harding Evergreen I received the decision made by Grant Beck stating the Community Development Department has completed its investigation of the noise levels generated by Harding Evergreen. The department has determined there is no violation of adopted noise regulations based on Section 17.57.030 Yelm Municipal Code. The "special inspection and field testing" report from Construction Testing Laboratories, Inc states decibel readings were recorded at 4 points along the border of the receiving 9/8/2003 property. The first two locations recorded 49 dBA (compressor off) and the last two recorded 50 dBA (compressor running)... a highly unlikely difference of 1 dBA. I think the study is flawed for a number of reasons. The last two recordings were not done within the line of sight between the noise source and my apartment. The recordings were obviously not done over an appropriate amount of time to achieve an accurate assessment of the decibel levels during all of the cycles of the compressor (some cycles are quieter than others). A 24 hour period would have been appropriate to determine the noise levels (decibels can vary over a 24 hour period. Changes in weather and background noise affects decibel levels as well). There is also the question of calibration... when was the meter last calibrated and is it accurate? The decision was based on Section 17.57.030 Yelm Municipal Code (Environmental Performance Standards - Noise). I submit a request for reconsideration based on Section 9.44.010 Yelm Municipal Code (Public Nuisances): I. "Public Nuisance" and "Nuisance„ each mean and consist of doing an unlawful act, OR omitting to perform a duty, OR suffering OR permitting any condition or thing to be or exist, which act, omission, condition or thing either: 1. Unreasonably Injures or endangers the comfort Mpose, health or safety of others, My statement in the Citizen Action Request form I submitted on July 28, 2003 stated my comfort, repose, and health are degraded by the noise nuisance. I can not enjoy a cup of coffee on my deck without the annoying noise from the compressor across the street. I would like to keep my windows and doors open on hot days and not have to tolerate the noise. This summer broke temperature records and duration records for days without rain, so doors and windows open made the heat more tolerable and safer (from heat exhaustion /stroke). To enjoy television I have to turn up the volumn or keep the doors and windows closed. I can not sleep with my bedroom window open without the noise disrupting my sleep (I sleep better with a window open for fresh air). I have health issues that are aggravated by stress and potentially life threatening (hypertension for one thing). The compressor noise is annoying and a source of stress in my fife (studies have shown noise can cause irritability, raise blood pressure, sleep deprivation, emotional breakdown, and suicide.... even when people claim to be "used to the noise" and that they "don't notice it ". The physiological and psychological affects have been studied and documented, as I am sure you are aware. ). And further based on: 9.44.015 Prohibited Conduct. It is a violation of this chapter for any person to permit, create, maintain, or allow, upon any premises, any of the acts or things declared in 9/8/2003 section 9.44.010 or 9.44.020 to be a public nuisance, or to fail to abate such a nuisance pursuant to lawful notice given under chapter 9.48 of the Yelm Municipal Code. SectlignA, Section 9.44.020 is amended as follows: Section 9.44.020 Nuisances Declared. The following specific acts, omissions, places and conditions are declared to be public nuisances: A. Erecting, continuing or using any building or other place in the city for the exercise of any trade, employment or manufacture, which by occasioning noxious exhalation, offensive smells OR other annoyances, becomes injurious and dangerous to the health, comfort or property of individuals or the public; K. Placing, depositing, keeping, having or leaving in or upon any private lot, building, structure or premises, or in or upon any street, avenue, park, parkway or public or private place in the city any one or more of the following conditions, places or things: 10. The emitting of loud and raucous noise, from whatever the source or location, in a manner which, under the circumstances, unreasonably disturbs others. 11. Causing or allowing any other nuisance as defined in section 9.44.010 or other provision of the Yelm Municipal Code. I learned that there have been many complaints (making the complaints reasonable because of the number of people who have been annoyed by the noise) over the years. The manager (at least he told me that was his title. His grandmother lives in the home on the Harding property) confirmed that there have been many complaints in the past. Yet the owners refuse to abate the noise... even by simple solution. I suggested they park their large truck next to the compressor to lower the noise level after I witnessed a major decrease in the noise level when a large 18 wheel truck was parked next to it. A simple solution that was declared unacceptable by the manager because he feared the truck would be vandalized (is it not insured and why not put up security cameras? ... they are inexpensive now...) if he moved it approximately 30 from where it is always parked. The "manager" said his grandmother can view it from her window where it is parked now. Half the residents in Rainier Apartments would be able to see it parked anywhere in Harding's parking lot. I think it is reasonable to assume more people would be witness to vandals if it were parked next to the compressor, which should deter vandalism rather than encourage it. There are reasonable and inexpensive solutions to permanently abate the noise yet the owner refuses to abate the noise (unreasonable). Regarding enforcement: Section 9.48.010 Abatement Procedure 9/8/2003 A. Upon receipt of information or upon personal observation that a nuisance exists as defined in chapter 9.44 of the Yelm Municipal Code, the enforcement officer shall cause an investigation of the matter and premises involved. If the enforcement officer determines that a nuisance exists he or she shall file a written finding to that effect with the city clerk. B. After having filed a finding that a nuisance exists, the enforcement officer shall require the owner of the premises involved to abate the nuisance at his or her own cost and expense, in whole or in Dart. The enforcement officer shall give written notice to the owner as prescribed in this section, describing the property involved, the condition to be corrected, and a specified reasonable time within which the owner must correct the condition, which shall be not less than five (5) days, or ten (10) days from the date of service by mail as evidenced by the postmark on the notice. The notice must further specify (a) that if the owner fails to abate the nuisance within the specified period of time, the city shall cause the work to be performed and shall assess all or any portion of the cost thereof against the owner; (b) that the owner may be liable for civil penalties for each day or part of day that the condition continues to exist following the notice, (c) that the owner alternatively may be liable to criminal prosecution, as provided in this chapter; and (d) that the owner has a right to appeal the notice as provided in subsection E of this section. The required notice shall be in substantially the following form: NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION (NUISANCE) Again, I am asking that the City of Yelm enforce it's laws and serve it's citizens with all due consideration and without prejudice. Sincerely, Karen Kangas Please respond 9/8/2003