Chapter 13.82
ILLICIT DISCHARGE DETECTION AND ELIMINATION
Sections:
13.82.040 Prohibition of illicit discharges.
13.82.050 Allowable discharges.
13.82.060 Conditional discharges.
13.82.070 Prohibition of illicit connections.
13.82.080 Compliance with other NPDES permits.
13.82.090 Notification of spills.
13.82.100 Enforcement procedures.
13.82.110 Appeal notice of violation.
13.82.120 Abatement by the city.
13.82.010 Purpose.
The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of the city of West Richland, Washington, through the regulation of nonstormwater discharges to the storm drainage system in compliance with the provisions of the Federal Water Pollution Control Act (Clean Water Act), Title 33 United States Code, Section 1251 et seq., and the State of Washington Water Pollution Control Law, Chapter 90.48 RCW. This chapter establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with the requirements of the Washington State Department of Ecology issued national pollutant discharge elimination system (NPDES) and state waste discharge general permit for discharges from small municipal separate storm sewers in Eastern Washington, commonly known as the Eastern Washington NPDES phase II municipal stormwater permit. The objectives of this chapter are:
A. To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by stormwater dischargers by any user;
B. To prohibit illicit connections and discharges to the municipal separate storm sewer system; and
C. To establish legal authority to carry out all inspections, surveillance, and monitoring procedures necessary to ensure compliance with this chapter. [Ord. 24-09 § 1, 2009].
13.82.020 Definitions.
For the purposes of this chapter, the definitions provided in WRMC 13.80.030, Definitions, shall apply. [Ord. 5-10 § 2, 2010; Ord. 24-09 § 1, 2009].
13.82.030 Administration.
The director shall administer, implement and enforce the provisions of this chapter. [Ord. 24-09 § 1, 2009].
13.82.040 Prohibition of illicit discharges.
No person shall discharge or cause to be discharged into the waters of the state via the city’s storm drain system, other than as provided for herein, any materials, contaminants or pollutants, other than stormwater.
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 nonstormwater 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. 24-09 § 1, 2009].
13.82.050 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 groundwater;
C. Uncontaminated groundwater infiltration;
D. Uncontaminated pumped groundwater;
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;
L. Discharges for fire fighting activities; and
M. Potable water, including water from routine water line flushing and fire hydrant maintenance. [Ord. 24-09 § 1, 2009].
13.82.060 Conditional discharges.
The following types of conditional discharges shall not be considered illegal or illicit discharges for the purposes of this chapter if the discharges meet the stated conditions, or 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:
A. Hyper-chlorinated water discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH adjusted to between 5.5 and 9.0, if necessary, and in volumes and velocities controlled to prevent resuspension of sediments in the storm drain system;
B. Swimming Pool and Hot Tub Water Discharges. Water discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH adjusted to between 5.5 and 9.0, if necessary, and in volumes and velocities controlled to prevent resuspension of sediments in the storm drain system;
C. Other conditional discharges including nonstormwater 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. 24-09 § 1, 2009].
13.82.070 Prohibition of illicit connections.
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. 24-09 § 1, 2009].
13.82.080 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. 24-09 § 1, 2009].
13.82.090 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 substances in volumes that exceed during any 24-hour period of time the reportable quantity (RQ) values listed at Title 40 Code of Federal Regulations Part 302, Table 304.2, which are resulting or may result in illegal discharges of pollutants discharging into the 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 substance, said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of nonhazardous substances, 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. 24-09 § 1, 2009].
13.82.100 Enforcement procedures.
When the director finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the director may order compliance through one or more of the following procedures. The director may, at his discretion, choose the following enforcement procedures appropriate to the violation:
A. Verbal Warning. The director, or his designee, may direct compliance with this chapter through a verbal warning issued to the violator. A verbal warning will include specific information describing the violation, specific actions required to remedy the violation, an expected time for performance and referral to technical guidance available to the violator.
B. Written Warning. The director, or his designee, may direct compliance with this chapter through a written warning issued to the violator. A written warning will include specific information describing the violation, specific actions required to remedy the violation, an expected time for performance and referral to technical guidance available to the violator.
C. Written Notice of Violation. The director may require compliance by written notice of violation to the responsible person. Such notice may require without limitation:
1. The elimination of illicit connections or discharges;
2. The violating discharges, practices or operations shall cease;
3. The performance of the monitoring, analyses and reporting;
4. The abatement and remediation of stormwater pollution or contamination hazards and the restoration of the MS4 facilities;
5. Implementation of source control or treatment BMPs; and/or
6. Payment of a fine. Any person who fails to comply with any provision of this chapter or any regulation, rule, or permit of the city, issued pursuant to this chapter, shall be guilty of a civil infraction and pay a monetary fine, which is punitive in nature and not a cost or compensation to the city for services, of up to $1,000 per violation. Each day upon which a violation occurs or continues shall constitute a separate violation. Such monetary fines may be recovered by judicial actions and/or, to the extent permissible by state law, by administrative procedures. Any person who knowingly and intentionally fails to comply with any provision of this chapter or any regulation, rule, or permit of the city, issued pursuant to this chapter, shall be guilty of a misdemeanor.
If notice of a violation and/or restoration of the MS4 facilities is required, the notice shall set forth a date within which remediation or restoration must be completed. Such notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work may be done by the city or a contractor designated by the director and expense thereof shall be charged to the violator.
D. Show Cause Hearing. The director may order the responsible person which has violated or continues to violate this chapter to appear before the director and show cause why the proposed enforcement action should not be taken. Notice of the hearing shall be served on the responsible person specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action and a request that the user show cause why the proposed enforcement action should not be taken. A show cause hearing shall not be a bar against, or prerequisite for, taking any action against the responsible person. [Ord. 24-09 § 1, 2009].
13.82.110 Appeal notice of violation.
Any person receiving a notice of violation may appeal the determination of the director.
Persons desiring to appeal notice of violation and/or fines must file a written request with the city clerk for the city to reconsider the violation and/or fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the mayor shall convene a hearing on the matter within 30 days of receiving the request from the violator. In the event the person’s appeal is successful, the payment together with any interest accruing thereto shall be returned to the person. [Ord. 24-09 § 1, 2009].
13.82.120 Abatement by the city.
The director is authorized to direct abatement of any violation of this chapter that constitutes an immediate threat to the health, safety or well-being of the public, or results from persistent noncompliance by a violator. Any expense related to such abatement undertaken by the city shall be fully reimbursed by the property owner and/or responsible party.
Within 30 days after the abatement by the city, the director shall notify the property owner and/or responsible person of the cost of abatement, including administrative costs. Unpaid charges shall, after 30 calendar days, be assessed an additional penalty of five percent of the unpaid balance, and interest shall accrue thereafter at a rate of one percent per month. A lien against the violator’s property will be sought for unpaid charges, penalties, and interest.
Violators desiring to dispute such charges must file a written request with the city clerk for the city to reconsider the charges along with full payment of the charges within 30 days of being notified of the charges. Where a request has merit, the mayor shall convene a hearing on the matter within 30 days of receiving the request from the violator. In the event the person’s appeal is successful, the payment together with any interest accruing thereto shall be returned to the person. [Ord. 24-09 § 1, 2009].
13.82.130 Injunction.
It shall be unlawful for any person to violate any provisions or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the city may:
A. Petition for a preliminary or permanent injunction restraining the person from activities which would create further violations, or compelling the person to perform abatement or remediation of the violation. [Ord. 24-09 § 1, 2009].