Administration, implementation, interpretation and enforcement of this title shall be the responsibility of the public works director or the public works director's designated representative. The public works director shall adopt and revise, as necessary, such instructions, policies and forms as are necessary to carry out the provisions of this title.
It is the 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 by establishing minimum stormwater management requirements and controls to regulate stormwater runoff from construction, development and redevelopment. This code does not create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited. 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.
This code establishes methods for controlling the introduction of runoff and pollutants into the municipal separate storm sewer system (MS4) in order to comply with the requirements of the Washington State Department of Ecology issued Eastern Washington NPDES Phase II Municipal Stormwater Permit. The objectives of this chapter are:
A. 
To regulate the contribution of runoff and pollutants to the municipal separate storm sewer system from stormwater discharges from land-disturbing activities, construction activities, new land development and redevelopment; and
B. 
To establish legal authority to carry out all inspection, surveillance, monitoring procedures and enforcement necessary to ensure compliance with this chapter; and
C. 
To provide long-term responsibility for and maintenance of stormwater BMPs.
(Ord. 12-10 § 1.03; Ord. 52-17 § 1)
A. 
This title shall be applicable to all construction activity and land development within the city limits and meeting one or more of the criteria listed below:
1. 
Construction activities, new development and redevelopment on sites of one acre or more;
2. 
Any new development or redevelopment, regardless of size, that is identified by the director to be an area where the land use has the potential to generate contaminated runoff; or
3. 
Land development activities that are smaller than the minimum applicability criteria set above if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules. This could include single-family home building on platted lots and development within a short plat or binding site plan.
B. 
The following activities are exempt from this title:
1. 
Forest Practices. Forest practices regulated under WAC Title 222 are exempt. Conversions of forest lands to other uses are not exempt.
2. 
Commercial Agriculture. Commercial agriculture practices involving working the land for production are generally exempt. However, the construction of impervious surfaces is not exempt.
3. 
Oil and Gas Field Activities or Operations. Construction of drilling sites, waste management pits, and access roads, as well as construction of transportation and treatment infrastructure such as pipelines, natural gas treatment plants, natural gas pipeline compressor stations, and crude oil pumping stations, are exempt. Operators are encouraged to implement and maintain best management practices to minimize erosion and control sediment during and after construction activities to help ensure protection of surface water quality during storm events.
4. 
Road and Parking Area Preservation/Maintenance. The following road and parking area maintenance practices are exempt:
a. 
Pothole and square cut patching;
b. 
Crack sealing;
c. 
Resurfacing with in-kind material without expanding the road prism;
d. 
Overlaying existing asphalt or concrete pavement with bituminous surface treatment (BST or "chip seal"), asphalt or concrete without expanding the area of coverage;
e. 
Shoulder grading;
f. 
Reshaping/regrading drainage systems; and
g. 
Vegetation maintenance.
(Ord. 12-10 § 1.03; Ord. 52-17 § 1)
A. 
General Requirements. All construction activities subject to this title shall be required to comply with the standards and requirements set forth.
1. 
City of Richland Standard Design Guidelines and Construction Details.
2. 
Stormwater Management Manual for Eastern Washington (SWMMEW).
B. 
Operators may qualify for reduced submittal and inspection requirements if the following conditions are met:
1. 
The project will result in disturbance of less than five acres and the site is not a portion of a larger development or sale that will disturb five acres or more; and
2. 
The project qualifies for an erosivity waiver from the Department of Ecology.
To qualify for the reduced requirements, the owner or operator must submit a completed erosivity waiver certification at the time of site plan submittal. Certification must include a statement the owner or operator will implement erosion and sediment control BMPs in compliance with city standards.
C. 
Stormwater Pollution Prevention Plan. All projects shall submit a stormwater pollution prevention plan (SWPPP).
D. 
All projects must retain runoff generated on site for, at a minimum, the 25-year, 24-hour rainfall event.
E. 
Requirements for Utility Construction. Utility agencies and/or their contractors shall additionally comply with the following requirements:
1. 
Utility agencies and/or their contractors shall implement BMPs to prevent the release of sediment from utility construction sites.
(Ord. 12-10 § 1.03; Ord. 52-17 § 1)
Upon completion of a project and before a final acceptance is granted by the city, all applicants are required to submit record drawings for any permanent BMPs. A final inspection by the city is required prior to issuance of final acceptance.
(Ord. 12-10 § 1.03; Ord. 52-17 § 1)
The property owner shall be responsible for the continual performance, operation and maintenance of all permanent private stormwater facilities in accordance with the standards and requirements of the city and shall remain responsible for any liability as a result of these duties.
New permanent private stormwater facilities shall have a written operation and maintenance (O&M) plan. The O&M plan shall address all permanent private stormwater facilities and BMPs at the site and address the long-term funding mechanism to support the O&M. The O&M plan shall be retained on site or within reasonable access to the site and shall be transferred with the property to the new owners.
All permanent private stormwater facilities, BMPs, O&M plans and records shall be subject to inspection by the city.
(Ord. 12-10 § 1.03; Ord. 52-17 § 1)
Whenever the director has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this title, the director shall have the right to enter the premises at any reasonable time to determine if there exists an actual or potential violation of the requirements of this title. In the event that the owner or occupant refuses entry after a request to enter has been made, the city is hereby empowered to seek assistance from a court of competent jurisdiction in obtaining such entry.
The director shall have the right to employ such devices and undertake such an inspection, on or off premises, as are necessary to determine whether the requirements of this title are met. The inspection may include, but is not limited to, the following: sampling of any discharge and/or process waters, the taking of photographs, interviewing staff on alleged violations, and access to all facilities or areas within the premises that may have any effect on the discharge.
(Ord. 12-10 § 1.03; Ord. 52-17 § 1)
Any person who undertakes or causes to be undertaken any land development shall ensure that soil erosion, sedimentation, increased pollutant loads and changed water flow characteristics resulting from the activity are controlled to minimize pollution of receiving waters. The requirements of this chapter are minimum standards and a person's compliance with the same shall not relieve such person from the duty of enacting all measures necessary to minimize pollution of receiving waters.
(Ord. 12-10 § 1.03; Ord. 52-17 § 1)
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. 12-10 § 1.03; Ord. 52-17 § 1)