[12-2-2008; 2016 Code]
If any section, clause, provision or portion of this chapter
is judged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of the chapter shall remain in force and not be affected
by such judgment.
[12-2-2008; 2016 Code]
In this chapter:
ACCIDENTAL DISCHARGE
Means a discharge prohibited by this chapter which occurs
by chance and without planning or thought before the occurrence.
BEST MANAGEMENT PRACTICE
Means structural or non-structural measures, practices, techniques
or devices used to avoid or minimize sediment or pollutants carried
in runoff to waters of the state.
CONSTRUCTION ACTIVITY
Means any land alterations or disturbances that may result
in soil erosion, sedimentation or change in runoff including but not
limited to removal of ground cover, grading, excavating and filling
of land.
DIRECTOR
Means the director of public works.
HAZARDOUS MATERIAL
Means 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 environment when improperly treated, stored,
transported, disposed of or otherwise managed.
ILLEGAL CONNECTION
Means 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 MS4 including, but not limited to,
any conveyances which allow any non-storm water discharge including
sewage, process wastewater and wash water to enter the MS4, 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
MS4 which has not been documented in plans, maps or equivalent records
and approved by an authorized enforcement agency.
INDUSTRIAL ACTIVITY
Means activities designated in 40 CFR section 122.26(b)(14)
and subject to a national pollution discharge elimination system industrial
permit.
MS4
Means municipal separate storm sewer system, a conveyance
or system of conveyances including roads with drainage systems, municipal
streets, catch basins, curbs, gutters, ditches, constructed channels
or storm drains, which meet all the following criteria: a) Owned or
operated by a city; b) Designed or used for collecting or conveying
storm water; c) Not a combined sewer conveying both sanitary and storm
water; and d) Not part of a publicly owned wastewater treatment works
that provides secondary or more stringent treatment.
POLLUTANT
Means any dredged spoil, solid waste, incinerator residue,
sewage, garbage, refuse, oil, sewage sludge, munitions, chemical wastes,
biological materials, radioactive substances, heat, wrecked or discarded
equipment, rocks, sand, cellar dirt and industrial, municipal and
agricultural waste discharged into water.
POLLUTION
Means contaminating or rendering unclean or impure the waters
of the state or making the same injurious to public health, harmful
for commercial or recreational use or deleterious to fish, bird, animal
or plant life.
PREMISES
Means any building, lot, parcel of land or portion of land
whether improved or unimproved including adjacent sidewalks and parking
strips.
STORM WATER
Means any surface flow, runoff and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
STORM WATER POLLUTION PREVENTION PLAN
Means 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 storm water, storm water
conveyance systems and receiving waters to the maximum extent practicable.
WASTEWATER
Means any water or other liquid, other than storm water,
discharged from a facility.
WATERS OF THE STATE
Means those portions of Lake Michigan and Lake Superior within
the boundaries of this state, and 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 this state or its jurisdiction.
[12-2-2008; 2016 Code]
Any person subject to an industrial or construction activity
Wisconsin pollutant discharge elimination system storm water discharge
permit shall comply with all provisions of such permit. Proof of compliance
with such permit may be required in a form acceptable to the director
before allowing discharges to the MS4.
[12-2-2008; 2016 Code]
Every person owning or leasing property through which waters
of the state pass shall keep and maintain that part of the waters
of the state within the property free of trash, debris, excessive
vegetation and other obstacles that would pollute, contaminate, or
significantly retard the flow of water through the waters of the state.
In addition, the owner or lessee shall maintain privately owned structures,
within or adjacent to waters of the state, so that such structures
will not become a hazard to the use, function or physical integrity
of the waters of the state.
[12-2-2008; 2016 Code]
The director or his or her designees shall be permitted to enter
and inspect properties and facilities at reasonable times as often
as may be necessary to determine compliance with this chapter.
(A) If a 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 the director or his or her designees.
(B) The operator shall allow the director or his or her designees 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 a Wisconsin pollutant
discharge elimination system storm water discharge permit.
(C) The director or his or her designees shall have the right to set
up, on any facility, such devices as are necessary in the opinion
of the director or his or her designees to conduct monitoring or sampling
or both of flow discharges.
(D) The director or his or her designees may require the facility to
install monitoring equipment and perform monitoring as necessary,
at its own expense, and make the monitoring data available to the
director or his or her designees. This sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition
by the facility, at its 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 or sampled or both shall
be promptly removed by the owner or operator at the written or oral
request of the director or his or her designees 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 director or his or her designees
access to a facility is a violation of this chapter.
(G) If the director or his or her designees have been refused access
to any part of the premises from which storm water is discharged,
and the director or his or her designees are able to demonstrate probable
cause to believe that there may be a violation of this chapter, or
that there is a need to inspect or sample or both as part of a routine
inspection and sampling program designed to verify compliance with
this chapter or any order issued hereunder, or to protect the overall
public health, safety, environment and welfare of the community, then
the director or his or her designees may seek issuance of a search
warrant from any court of competent jurisdiction.