The purpose of this article is to provide for the health, safety,
environment and general welfare of the citizens of the Village of
Kimberly through the regulation of nonstormwater discharges into waters
of the state or the municipal separate storm sewer system (MS4) to
the maximum extent practicable as required by federal and state law.
This article establishes methods for controlling the introduction
of pollutants into waters of the state or the MS4 in order to comply
with requirements of the Wisconsin Pollutant Discharge Elimination
System (WPDES) permit process. The objectives of this article are:
A. To regulate the contribution of pollutants into waters of the state
or the MS4 by stormwater discharges by any user.
B. To prohibit illicit connections and discharges into waters of the
State of Wisconsin or the MS4.
C. To establish legal authority to carry out all inspection, surveillance,
monitoring, and enforcement procedures necessary to ensure compliance
with this article.
The following definitions shall be applicable in this article:
BEST MANAGEMENT PRACTICES (BMPs)
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize soil, sediment or pollutants
carried in runoff to waters of the State of Wisconsin.
CONSTRUCTION ACTIVITY
Activities subject to Village of Kimberly construction permits
per erosion control and stormwater management ordinances or WPDES
construction permits per Ch. NR 216, Wis. Adm. Code, and Ch. 283,
Wis. Stats.
CONTAMINATED STORMWATER
Stormwater that comes into contact with material-handling
equipment or activities, raw materials, intermediate products, final
products, waste materials, by-products or industrial machinery in
the source areas listed in Ch. NR 216, Wis. Adm. Code.
DISCHARGE
As defined in Ch. 283, Wis. Stats., when used without qualification
includes a discharge of any pollutant.
HAZARDOUS MATERIAL
Any material, including any substance, waste or combination
thereof, which, because of its quantity, concentration, or physical,
chemical or infectious characteristics, may cause or significantly
contribute to a substantial present or potential hazard to human health,
safety, property or the environment when improperly treated, stored,
transported, disposed of, or otherwise managed.
ILLICIT CONNECTION
Either of the following:
A.
Any drain or conveyance, whether on the surface or subsurface,
that allows an illicit discharge to enter waters of the state or the
MS4, including, but not limited to, any conveyances that allow any
nonstormwater discharge including sewage, process wastewater, and
wash water to enter waters of the state or the MS4 and any connections
to waters of the state or the MS4 from indoor drains and sinks, regardless
of whether said drain or connection had been previously allowed, permitted
or approved by an authorized enforcement agency; or
B.
Any drain or conveyance connected from a commercial or industrial
land use to waters of the state or the MS4 which has not been documented
in plans, maps or equivalent records and approved by an authorized
enforcement agency.
ILLICIT DISCHARGE
Any discharge into waters of the state or a municipal separate
storm sewer system that is not composed entirely of stormwater. Nonstormwater
discharges that are not considered illicit discharges include waterline
flushing, landscape irrigation, diverted stream flows, uncontaminated
groundwater infiltration, uncontaminated pumped groundwater, discharges
from potable water sources, foundation drains, air-conditioning condensation,
irrigation water, lawn watering, individual residential car washing,
flows from riparian habitats and wetlands, firefighting, and discharges
authorized under a WPDES permit unless identified by the Street Commissioner
as a significant source of pollutants to waters of the state.
INDUSTRIAL ACTIVITY
Activities subject to WPDES industrial permits per Ch. NR
216, Wis. Adm. Code, and Ch. 283, Wis. Stats.
MAXIMUM EXTENT PRACTICABLE (MEP)
A level of implementing management practices in order to
achieve a performance standard or other goal which takes into account
the best available technology, cost-effectiveness and other competing
issues such as human safety and welfare, endangered and threatened
resources, historic properties and geographic features.
MUNICIPALITY
Any city, town, village, county, county utility district,
town sanitary district, town utility district, school district or
metropolitan sewage district or any other public entity created pursuant
to law and having authority to collect, treat or dispose of sewage,
industrial wastes, stormwater or other wastes.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
As defined in Ch. NR 216, Wis. Adm. Code, a conveyance or
system of conveyances, including roads with drainage systems, municipal
streets, catch basins, curbs, gutters, ditches, construction channels
or storm drains, which meets all of the following criteria:
A.
Owned or operated by a municipality.
B.
Designed or used for collecting or conveying stormwater.
C.
Not a combined sewer conveying both sanitary sewage and stormwater.
D.
Not part of a publicly owned wastewater treatment works that
provides secondary or more stringent treatment.
OUTFALL
The point at which stormwater is discharged to waters of
the state or to a storm sewer.
OWNER
Any person holding fee title, an easement or other interest
in property.
PERSON
An individual, owner, operator, corporation, partnership,
association, municipality, interstate agency, state agency or federal
agency.
POLLUTANT
As defined in Ch. 283, Wis. Stats., any dredged spoil, solid
waste, incinerator residue, sewage, garbage, refuse, oil, sewage sludge,
munitions, chemical wastes, biological materials, radioactive substance,
heat, wrecked or discarded equipment, rock, sand, cellar dirt and
industrial, municipal and agricultural waste discharged into water.
POLLUTION
As defined in Ch. 283, Wis. Stats., any man-made or man-induced
alteration of the chemical, physical, biological or radiological integrity
of water.
PREMISES
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
STORMWATER
Runoff from precipitation including rain, snow, ice melt
or similar water that moves on the land surface via sheet or channelized
flow.
STORMWATER MANAGEMENT PLAN or STORMWATER POLLUTION PREVENTION
PLAN
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to waters of the state or
the MS4 to the maximum extent practicable.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
WATERCOURSE
A natural or artificial channel through which water flows.
These channels include: all blue and dashed blue lines on the USGS
quadrangle maps, all channels shown on the soils maps in the NRCS
soils book for the Village of Kimberly, all channels identified on
the site, and new channels that are created as part of a development.
The term "watercourse" includes waters of the state as herein defined.
WATERS OF THE STATE
As defined in Ch. 283, Wis. Stats., those portions of Lake
Michigan and Lake Superior within the boundaries of Wisconsin, all
lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs,
marshes, watercourses, drainage systems and other surface water or
groundwater, natural or artificial, public or private, within the
state or under its jurisdiction, except those waters which are entirely
confined and retained completely upon the property of a person.
This article shall apply to all water and discharges entering
waters of the state or the MS4 generated on any lands, unless explicitly
exempted by the Street Commissioner.
The Street Commissioner shall administer, implement, and enforce
the provisions of this article. Any powers granted or duties imposed
upon the Street Commissioner may be delegated in writing by the Street
Commissioner to persons or entities acting in the beneficial interest
of or in the employ of the authorized enforcement agency.
This article is not intended to modify or repeal any other ordinance,
rule, regulation or other provision of law. The requirements of this
article are in addition to the requirements of any other ordinance,
rule, regulation, or other provision of law, and where any provision
of this article imposes restrictions different from those imposed
by any other ordinance, rule, regulation or other provision of law,
whichever provision is more restrictive or imposes higher protective
standards for human health or the environment shall control.
The standards set forth herein and promulgated pursuant to this
article are minimum standards; therefore, this article does not intend
or imply that compliance by any person will ensure that there will
be no contamination, pollution or unauthorized discharge of pollutants.
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of the
watercourse within the property free of soil erosion, trash, debris
and other obstacles that would pollute, contaminate or significantly
retard the flow of water through the watercourse. In addition, the
owner or lessee shall maintain existing privately owned structures
within or adjacent to a watercourse so that such structures will not
become a hazard to the use, function or physical integrity of the
watercourse.
The owner or operator of any activity, operation or facility
which may cause or contribute to pollution or contamination of stormwater
shall provide, at its own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into waters of the
state or the MS4 through the use of structural and nonstructural BMPs.
Further, any person responsible for a property or premises that is
or may be the source of an illicit discharge may be required to implement,
at said person's expense, additional structural and nonstructural
BMPs to prevent the further discharge of pollutants to waters of the
state or the MS4. Compliance with all terms and conditions of a valid
permit authorizing the discharge of stormwater associated with industrial
activity or construction activity, to the maximum extent practicable,
shall be deemed compliance with the provisions of this section.
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or in the event of an appeal, the appropriate authority upheld the decision of the Street Commissioner, then representatives of the Street Commissioner may issue a notice of intent to the responsible party of their intent to perform work necessary to comply with this article. The Street Commissioner may go on the land and commence the work after issuing the notice of intent. The Street Commissioner is authorized to seek costs of abatement as outlined in §
425-53. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.
The costs of the work performed by the Street Commissioner pursuant
to this article, plus interest at the rate authorized by the Village
Board, shall be billed to the responsible party. In the event a responsible
party fails to pay the amount due, the Administrator shall enter the
amount due on the tax rolls and collect as a special assessment against
the property pursuant to Subch. VII of Ch. 66, Wis. Stats.
Any condition in violation of any of the provisions of this
article, and declared and deemed a nuisance, may be summarily abated
or restored at the violator's expense.
Nothing in this article creates or imposes, nor shall be construed
to create or impose, any greater obligation or responsibility on the
Village than those minimum requirements specifically required by the
Wisconsin Statutes and Wisconsin Department of Natural Resources regulations.