An illicit discharge is defined as any discharge
to a municipal separate storm sewer system (MS4) that is not composed
entirely of stormwater runoff (except for discharges allowed under
an NPDES permit or nonpolluting flows). These nonstormwater discharges
occur due to illegal dumping or illegal connections to the stormwater
drainage system. This article provides the Village with the authority
to deal with illicit discharges and establishes enforcement actions
for those persons or entities found to be in noncompliance or that
refuse to allow access to their facilities.
As used in this article, the following terms
shall have the meanings indicated:
ACCIDENTAL DISCHARGE
A discharge prohibited by this article which occurs by chance
and without planning or thought prior to occurrence.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Activities subject to the NPDES general construction permits.
These include construction projects resulting in land disturbance.
Such activities include but are not limited to clearing and grubbing,
grading, excavating and demolition.
ILLEGAL CONNECTION
Either of the following:
A.
Any pipe, open channel, drain or conveyance,
whether on the surface or subsurface, which allows an illicit discharge
to enter the storm drain system, including but not limited to any
conveyances which allow any nonstormwater discharge including sewage,
process wastewater, and wash water to enter the storm drain system,
regardless of whether such pipe, open channel, drain or conveyance
has been previously allowed, permitted or approved by an authorized
enforcement agency; or
B.
Any pipe, open channel, drain or conveyance
connected to the municipal separate storm sewer system which has not
been documented in plans, maps or equivalent records and approved
by an authorized enforcement agency.
ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the municipal separate storm sewer system, except as exempted in §
315-45 of this article.
INDUSTRIAL ACTIVITY
Activities subject to NPDES industrial permits, as defined
in 40 CFR 122.26(b)(14).
MUNICIPAL SEPARATE STORM SEWER SYSTEM
Any facility designed or used for collecting and/or conveying
stormwater, including but not limited to any roads with drainage systems,
highways, municipal streets, curbs, gutters, inlets, catch basins,
piped storm drains, pumping facilities, structural stormwater controls,
ditches, swales, natural and man-made or altered drainage channels,
reservoirs, and other drainage structures, and which is:
A.
Owned or maintained by the Village of Superior;
B.
Not a combined sewer; and
C.
Not part of a publicly owned treatment works.
PERSON
Except to the extent exempted from this article, any individual,
partnership, firm, association, joint venture, public or private corporation,
trust, estate, commission, board, public or private institution, utility,
cooperative, city, county or other political subdivision of the state,
any interstate body or any other legal entity.
POLLUTANT
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to, paints, varnishes and solvents;
petroleum hydrocarbons; automotive fluids; cooking grease; detergents
(biodegradable or otherwise); degreasers; cleaning chemicals; nonhazardous
liquid and solid wastes and yard wastes; refuse, rubbish, garbage,
litter, or other discarded or abandoned objects and accumulations,
so that same may cause or contribute to pollution; floatables; pesticides,
herbicides and fertilizers; liquid and solid wastes; sewage, fecal
coliform and pathogens; dissolved and particulate metals; animal wastes;
wastes and residues that result from constructing a building or structure;
concrete and cement; and noxious or offensive matter of any kind.
POLLUTION
The contamination or other alteration of any water's physical,
chemical or biological properties by the addition of any constituent
and includes, but is not limited to, a change in temperature, taste,
color, turbidity or odor of such waters, or the discharge of any liquid,
gaseous, solid, radioactive or other substance into any such waters
as will or is likely to create a nuisance or render such waters harmful,
detrimental or injurious to the public health, safety, welfare or
environment, or to domestic, commercial, industrial, agricultural,
recreational or other legitimate beneficial uses, or to livestock,
wild animals, birds, fish or other aquatic life.
PREMISES
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
STATE WATERS
Any and all rivers, streams, creeks, branches, lakes, reservoirs,
ponds, drainage systems, springs, wells and other bodies of surface
and subsurface water, natural or artificial, lying within or forming
a part of the boundaries of the State of Wisconsin, which are not
entirely confined and retained completely upon the property of a single
person.
STORMWATER RUNOFF or STORMWATER
Any surface flow, runoff and drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
STRUCTURAL STORMWATER CONTROL
A structural stormwater management facility or device that
controls stormwater runoff and changes the characteristics of that
runoff, including, but not limited to, the quantity and quality, the
period of release or the velocity of flow.
Any person 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 Village Board or its authorized representative
prior to allowing discharges to the municipal separate storm sewer
system.
The Village Board or its authorized representative
shall be permitted to enter and inspect properties and facilities
at reasonable times as often as may be necessary to determine compliance
with this article.
A. If a property or facility has security measures in
force which require proper identification and clearance before entry
into its premises, the owner or operator shall make the necessary
arrangements to allow access to representatives of the Village Board
or its authorized representative.
B. The owner or operator shall allow the Village Board
or its authorized representative ready access to all parts of the
premises for the purposes of inspection, sampling, photography, videotaping,
examination and copying of any records that are required under the
conditions of an NPDES permit to discharge stormwater.
C. The Village Board or its authorized representative
shall have the right to set up on any property or facility such devices
as are necessary in the opinion of the Village Board or its authorized
representative to conduct monitoring and/or sampling of flow discharges.
D. The Village Board or its authorized representative
may require the owner or operator to install monitoring equipment
and perform monitoring as necessary and make the monitoring data available
to the Village Board or its authorized representative. This sampling
and monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the owner or operator at his/her
own expense. All devices used to measure flow and quality shall be
calibrated to ensure their accuracy.
E. Any temporary or permanent obstruction to safe and
easy access to the property or facility to be inspected and/or sampled
shall be promptly removed by the owner or operator at the written
or oral request of the Village Board or its authorized representative
and shall not be replaced. The costs of clearing such access shall
be borne by the owner or operator.
F. Unreasonable delays in allowing the Village Board
or its authorized representative access to a facility is a violation
of this article.
G. If the Village Board or its authorized representative
has been refused access to any part of the premises from which stormwater
is discharged, and the Village Board or its authorized representative
is able to demonstrate probable cause to believe that there may be
a violation of this article, or that there is a need to inspect and/or
sample as part of a routine inspection and sampling program designed
to verify compliance with this article or any order issued hereunder,
or to protect the overall public health, safety, environment and welfare
of the community, then the Village Board or its authorized representative
may seek issuance of a search warrant from any court of competent
jurisdiction.