Chapter 16.05
ILLICIT DISCHARGE DETECTION AND ELIMINATION
Sections:
16.05.010 Administration and purpose.
16.05.020 Prohibition of illicit discharges.
16.05.030 Allowable discharges.
16.05.040 Conditional discharges.
16.05.050 Prohibition of illicit connections.
16.05.060 Compliance with other NPDES permits.
16.05.070 Notification of spills.
16.05.010 Administration and purpose.
The public works director shall administer, implement and enforce the provisions of this title.
It is the express purpose of this code to provide for an exercise of the police powers of the city of Richland, to promote, protect and preserve the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted. The provisions of this code shall be liberally construed to accomplish this purpose. It is the specific intent of this code to place the obligation of compliance upon the owner/operator. Nothing contained in this code is intended to be or shall be construed to create or form the basis for liability on the part of the city of Richland. [Ord. 27-09; Ord. 12-10 § 1.02].
16.05.020 Prohibition of illicit discharges.
No person shall discharge or cause to be discharged into the municipal storm drain system or watercourse any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. Examples of materials whose discharge is prohibited include but are not limited to:
A. Trash or debris; construction materials;
B. Petroleum products; antifreeze and any other automotive product;
C. Metals in either particulate or dissolved form;
D. Flammable or explosive materials;
E. Radioactive material;
F. Batteries;
G. Acids, alkali or bases;
H. Paints, stains, resins, lacquers or varnishes;
I. Degreasers, solvents and drain cleaners;
J. Pesticides, herbicides or fertilizers;
K. Steam cleaning wastes; soaps, detergents or ammonia;
L. Swimming pool or spa filter backwash;
M. Chlorine, bromine or other disinfectants;
N. Domestic animal wastes;
O. Sewage;
P. Recreational vehicle waste;
Q. Animal carcasses;
R. Food wastes;
S. Silt, sediment, concrete, cement or gravel;
T. Dyes;
U. Chemicals not normally found in uncontaminated water; any other process associated discharge except as otherwise allowed in this title; and
V. Any hazardous material or waste not listed above.
No person shall connect any apparatus discharging any pollutant, in any quantity, to any part of the storm drain system or waters of the state except as explicitly authorized by an approved NPDES discharge permit or by an approved plan for compliance or BMP.
The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued by Ecology; provided, that the discharge is in full compliance with all requirements of the permit, waiver, or order. [Ord. 27-09; Ord. 12-10 § 1.02].
16.05.030 Allowable discharges.
Discharges from the following activities shall be considered allowable discharges unless the director determines the type of discharge, whether singly or in combination with others, is causing, or is likely to cause, pollution of waters of the state. They include but are not limited to:
A. Diverted stream flows;
B. Rising ground water;
C. Uncontaminated ground water infiltration;
D. Uncontaminated pumped ground water;
E. Foundation drains;
F. Air conditioning condensation;
G. Irrigation water from agricultural sources that is commingled with urban stormwater;
H. Springs;
I. Water from crawl space pumps;
J. Footing drains;
K. Flows from riparian habitats and wetlands; and
L. Discharges for emergency fire fighting activities. [Ord. 27-09; Ord. 12-10 § 1.02].
16.05.040 Conditional discharges.
The following discharges are allowed, subject to the described conditions:
A. Potable water, including water from water line flushing, hyper-chlorinated water line flushing, fire hydrant system flushing and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH adjusted if necessary, and in volumes and velocities controlled to prevent resuspension of sediments in the storm drain system;
B. Runoff from landscape irrigation if incidental to typical irrigation system design and operation;
C. Dechlorinated swimming pool discharges. These discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH adjusted if necessary, and in volumes and velocities controlled to prevent resuspension of sediments in the storm drain system;
D. Potable or landscape irrigation water used to wash streets and sidewalks, to control dust and to wash external building surfaces if it does not include detergents or other prohibited materials.
Other conditional discharges including non-stormwater discharges in compliance with the requirements of a stormwater pollution prevention plan, reviewed and approved by the director, which addresses control of such discharges by applying approved BMPs to prevent contaminants from entering waters of the state. [Ord. 27-09; Ord. 12-10 § 1.02].
16.05.050 Prohibition of illicit connections.
As provided under the police power of the city of Richland to protect the health, safety, and welfare of its citizens, the construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited. This includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. [Ord. 27-09; Ord. 12-10 § 1.02].
16.05.060 Compliance with other NPDES permits.
Any person or company subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the director prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan. [Ord. 27-09; Ord. 12-10 § 1.02].
16.05.070 Notification of spills.
As soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, MS4 or waters of the state from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release.
In the event of such a release of a hazardous material said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of nonhazardous materials, said person shall notify the city’s public works department in person or by phone, email or fax within 24 hours. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. [Ord. 27-09; Ord. 12-10 § 1.02].
16.05.080 Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this chapter. [Ord. 27-09; Ord. 12-10 § 1.02].