[Adopted 3-18-2008 by Ord. No. 2008-07 (Ch. 34, Art III of the 1997 Code)]
The purpose of this article is to provide for
the health, safety, environment and general welfare of the citizens
of the Town of Buchanan 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 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.
For the purposes of this article, the following
terms shall have the meanings indicated below:
Employees or designees of the Town of Buchanan designated
to administer and enforce this article.
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.
Activities subject to construction permits per the Town of
Buchanan Construction Site Erosion Control Ordinance,[1] Outagamie County Erosion and Sediment Control Ordinance,
or WPDES construction permits per Ch. NR 216, Wis. Adm. Code, and
Ch. 283, Wis. Stats.
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.
The Wisconsin Department of Natural Resources.
As defined in Ch. 283, Wis. Stats; when used without qualification
includes a discharge of any pollutant.
As defined in Ch. 283, Wis. Stats., any addition of any pollutant
to the waters of this state from any point source.
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.
An illicit connection is defined as either of the following:
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
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.
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 Town of Buchanan
as a significant source of pollutants to waters of the state.
Activities subject to WPDES industrial permits per Ch. NR
216, Wis. Adm. Code, and Ch. 283, Wis. Stats.
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.
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.
As defined in Ch. NR 216, Wis. Adm. Code, means a conveyance
or system of conveyances, including roads with drainage systems, municipal
streets, catch basins, curbs, gutters, ditches, constructed channels
or storm drains, which meets all the following criteria:
Any discharge to the MS4 that is not composed entirely of
stormwater.
The point at which stormwater is discharged to waters of
the state or to a storm sewer.
Any person holding fee title, an easement or other interest
in property.
An individual, owner, operator, corporation, partnership,
association, municipality, interstate agency, state agency or federal
agency.
As defined in Ch. 283, Wis. Stats., means 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.
As defined in Ch. 283, Wis. Stats., means any man-made or
man-induced alteration of the chemical, physical, biological or radiological
integrity of water.
Taking measures to eliminate or reduce pollution.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Runoff from precipitation, including rain, snow, ice melt
or similar water that moves on the land surface via sheet or channelized
flow.
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.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
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 Outagamie County, 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.
As defined in Ch. 283, Wis. Stats., means 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.
A Wisconsin pollutant discharge elimination system permit
issued pursuant to Ch. 283, Wis. Stats.
[1]
Editor's Note: The Town has adopted the County's ordinance
by reference as its construction site erosion control ordinance.
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 Town of Buchanan.
[Amended 11-10-2016 by Res. No. 2016-05]
The Town Board hereby designates the Town Administrator
to administer and enforce the provisions of this article. Any powers
granted or duties imposed upon the Town Administrator may be delegated
in writing by the Town Administrator to persons or entities acting
in the beneficial interest of or in the employ of the Town of Buchanan.
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.
A.
Prohibition of illicit discharges. No person shall
throw, dump, spill, drain or otherwise discharge, cause or allow others
under his or her control to throw, dump, spill, drain or otherwise
discharge into waters of the state or the MS4 any pollutants or waters
containing any pollutants, other than stormwater.
B.
Allowed discharges.
(1)
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, and discharges authorized under a WPDES permit unless identified
by the Town of Buchanan as a significant source of pollutants to waters
of the state.
(2)
Discharges or flow from firefighting, and other discharges
specified in writing by the Town of Buchanan as being necessary to
protect public health and safety.
(3)
Discharges associated with dye testing; however, this
activity requires a verbal notification to the Town of Buchanan and
the Department of Natural Resources a minimum of one business day
prior to the time of the test.
(4)
Any nonstormwater discharges permitted under a construction
activity permit, industrial activity permit, or WPDES permit shall
comply with all provisions of such permit. Proof of compliance with
said permit may be required in a form acceptable to the Town of Buchanan
prior to allowing discharges to waters of the state or the MS4.
C.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of illicit connections to waters of the state or the MS4 is prohibited.
(2)
This prohibition expressly 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.
(3)
A person is considered to be in violation of this
article if the person connects a line conveying sewage to waters of
the state or the MS4 or allows such a connection to continue.
(4)
Improper connections in violation of this article
must be disconnected and redirected, if necessary, to an approved
on-site wastewater management system or the sanitary sewer system,
upon approval of the Town of Buchanan.
(5)
Any drain or conveyance that has not been documented
in plans, maps or equivalent, and which may be connected to waters
of the state or the MS4, shall be located by the owner or occupant
of that property upon receipt of written notice of violation from
the Town of Buchanan requiring that such locating be completed. Such
notice will specify a reasonable time period within which the location
of the drain or conveyance is to be determined; that the drain or
conveyance be identified as storm sewer, sanitary sewer or other;
and that the outfall location or point of connection to the storm
sewer system, sanitary sewer system or other discharge point be identified.
Results of these investigations are to be documented and provided
to the Town of Buchanan.
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.
A.
Right of entry; inspecting and sampling. The Town
of Buchanan shall be permitted to enter and inspect properties and
facilities subject to regulation under this article as often as may
be necessary to determine compliance with this article.
(1)
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 Town of Buchanan.
(2)
Facility owners and operators shall allow the Town
of Buchanan ready access to all parts of the premises for the purposes
of inspection, sampling, examination and copying of records.
(3)
The Town of Buchanan shall have the right to set up
on any property or facility such devices as are necessary in the opinion
of the Town to conduct monitoring and/or sampling of the facility's
stormwater discharge.
(4)
The Town of Buchanan has the right to require the
owner or operator to install monitoring equipment as necessary and
make the monitoring data available to the Town of Buchanan. The facility's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the discharger at its
own expense. All devices used to measure stormwater flow and quality
shall be calibrated to ensure their accuracy.
(5)
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 Town of Buchanan and shall not be replaced.
The costs of clearing such access shall be borne by the owner or operator.
(6)
Unreasonable delays in allowing the Town of Buchanan
access to a facility is a violation of this article. A person who
is the operator of a facility commits an offense if the person denies
the Town reasonable access to the facility for the purpose of conducting
any activity authorized or required by this article.
B.
Special inspection warrant. If the Town of Buchanan
has been refused access to any part of the premises from which stormwater
is discharged, and the Town of Buchanan 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 Town of Buchanan may seek issuance of a special inspection warrant
per § 66.0119, Wis. Stats.
The owner or operator of any activity, operation
or facility which may cause or contribute to pollution or contamination
of stormwater shall provide, at their 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.
A.
Notwithstanding other requirements of law, 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 materials which are resulting
or may result in illicit discharges or pollutants discharging into
stormwater, the MS4 or waters of the state, said person shall take
all necessary steps to ensure the discovery, containment and cleanup
of such release so as to minimize the impacts of the discharge.
B.
In the event of such a release of hazardous materials,
said person shall immediately notify emergency response agencies of
the occurrence via emergency dispatch services and shall also notify
the Town of Buchanan. In the event of a release of nonhazardous materials,
said person shall notify the Town of Buchanan in person or by phone
or facsimile no later than the next business day. Notifications in
person or by phone shall be confirmed by written notice addressed
and mailed to the Town of Buchanan within five business days of the
phone notice. 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 five years.
C.
Failure to provide notification of a release as provided
above is a violation of this article.
A.
Violations.
(1)
It shall be unlawful for any person to violate any
provision or fail to comply with any of the requirements of this article.
Any person who has violated or continues to violate the provisions
of this article may be subject to the enforcement actions outlined
in this section or may be restrained by injunction or otherwise abated
in a manner provided by law.
(2)
In the event the violation constitutes an immediate danger to public health or public safety, the Town of Buchanan is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation. The Town of Buchanan is authorized to seek costs of the abatement as outlined in § 504-16.
B.
Warning notice. When the Town of Buchanan finds that
any person has violated or continues to violate any provision of this
article or any order issued hereunder, the Town of Buchanan may serve
upon that person a verbal or written warning notice, specifying the
particular violation believed to have occurred and requesting the
discharger to immediately investigate the matter and to seek a resolution
whereby any offending discharge will cease. Investigation and/or resolution
of the matter in response to the warning notice in no way relieves
the alleged violator of liability for any violations occurring before
or after receipt of the warning notice. Nothing in the subsection
shall limit the authority of the Town of Buchanan to take action,
including emergency action or any other enforcement action, without
first issuing a warning notice.
C.
Notice of violation. Whenever the Town of Buchanan
finds that a person has violated a prohibition or failed to meet a
requirement of this article, the Town of Buchanan may order compliance
by written notice of violation to the responsible person.
(1)
The notice of violation shall contain:
(a)
The name and address of the alleged violator;
(b)
The address, when available, or a description
of the building, structure or land upon which violation is occurring
or has occurred;
(c)
A statement specifying the nature of the violation;
(d)
A description of the remedial measures necessary
to restore compliance with this article, and a time schedule for the
completion of such remedial action;
(e)
A statement of the penalty or penalties that
shall or may be assessed against the person to whom the notice of
violation is directed;
(f)
A statement that the determination of violation
may be appealed to the Town of Buchanan by filing a written notice
of appeal within five business days of service of notice of violation;
and
(g)
A statement specifying that, should the violator fail to restore compliance within the established time schedule, representatives of the Town of Buchanan may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this article. The Town of Buchanan may go on the land and commence the work after issuing the notice of intent. The Town of Buchanan is authorized to seek costs of the abatement as outlined in § 504-16.
(2)
Such notice may require, without limitation:
(a)
The performance of monitoring, analyses, and
reporting;
(b)
The elimination of illicit connections or discharges;
(c)
That violating discharges, practices or operations
shall cease and desist;
(d)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(e)
Payment of a fine to cover administrative and
remediation costs; and
(f)
The implementation of BMPs.
D.
Suspension of MS4 access.
(1)
Emergency cease and desist orders.
(a)
When the Town of Buchanan finds that any person
has violated or continues to violate any provision of this article
or any order issued hereunder, or that the person's past violations
are likely to recur, and that the person's violation(s) has (have)
caused or contributed to an actual or threatened discharge to the
MS4 or waters of the state which reasonably appears to present an
imminent or substantial endangerment to the health or welfare of persons
or to the environment, the Town of Buchanan may issue an order to
the violator directing it immediately to cease and desist all such
violations and directing the violator to:
(b)
Any person notified of an emergency order directed
to it under this subsection shall immediately comply and stop or eliminate
its endangering discharge. In the event of a discharger's failure
to immediately comply voluntarily with the emergency order, the Town
of Buchanan may take such steps as deemed necessary to prevent or
minimize harm to the MS4 or waters of the state and/or endangerment
to persons or to the environment, including immediate termination
of a facility's water supply, sewer connection, or other municipal
utility services. The Town of Buchanan may allow the person to recommence
its discharge when it has demonstrated to the satisfaction of the
Town that the period of endangerment has passed, unless further termination
proceedings are initiated against the discharger under this article.
A person that is responsible, in whole or in part, for any discharge
presenting imminent endangerment shall submit a detailed written statement,
describing the causes of the harmful discharge and the measures taken
to prevent any future occurrence, to the Town of Buchanan within 15
days of receipt of the emergency order. Issuance of an emergency order
shall not be a bar against, or a prerequisite for, taking any other
action against the violator.
(2)
Suspension due to illicit discharges in emergency
situations. The Town of Buchanan may, without prior notice, suspend
MS4 discharge access to a person when such suspension is necessary
to stop an actual or threatened discharge which presents or may present
imminent and substantial danger to the environment or to the health
or welfare of persons or to the MS4 or waters of the state. If the
violator fails to comply with a suspension order issued in an emergency,
the Town of Buchanan may take such steps as deemed necessary to prevent
or minimize damage to the MS4 or waters of the state or to minimize
danger to persons.
(3)
Suspension due to the detection of illicit discharge.
Any persons discharging to the MS4 in violation of this article may
have their MS4 access terminated if such termination would abate or
reduce an illicit discharge. The Town of Buchanan will notify a violator
of the proposed termination of its MS4 access. A person commits an
offense if the person reinstates MS4 access to premises terminated
pursuant to this section without the prior approval of the Town of
Buchanan.
[Amended 8-17-2010 by Ord. No. 2010-03; 11-13-2018 by Ord. No. 2018-08]
A.
Board of Appeals.
(1)
The Board of Appeals created pursuant to Chapter 525, Zoning, Article XIV of this Code and pursuant to § 60.65 Wis. Stats.:
(a)
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Town of Buchanan in administering this article, except for cease and desist orders obtained under § 504-13D(1);
(b)
Upon appeal, may authorize variances from the
provisions of this article which are not contrary to the public interest
and where owing to special conditions a literal enforcement of the
provisions of the article will result in unnecessary hardship; and
(c)
Shall use rules, procedures, duties and powers
authorized by statute in hearing and deciding appeals and authorizing
variances.
(2)
This section does not apply to determinations made
regarding this article in either municipal court or circuit court.
In such circumstances, the appeal procedure shall be that set forth
for appealing municipal court decisions and/or circuit court decisions,
as applicable.
B.
Who may appeal. Appeals to the Board of Appeals may
be taken by any aggrieved person or by any office, department, board
or bureau affected by any decision of the Town of Buchanan.
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 Town of Buchanan, then representatives of the Town of Buchanan may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this article. The Town of Buchanan may go on the land and commence the work after issuing the notice of intent. The Town of Buchanan is authorized to seek costs of abatement as outlined in § 504-16. 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.
[Amended 11-10-2016 by Res. No. 2016-05]
The costs of the work performed by the Town
of Buchanan pursuant to this article, plus interest and an administrative
fee at a rate authorized by the Town 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 it as a special assessment against the property
pursuant to Subchapter 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.
The remedies listed in this article are not
exclusive of any other remedies available under any applicable federal,
state or local law, and it is within the discretion of the Town of
Buchanan to seek cumulative remedies. The Town of Buchanan may recover
all attorneys' fees, court costs and other expenses associated with
enforcement of this article, including sampling and monitoring expenses.
Nothing in this article creates or imposes,
nor shall be construed to create or impose, any greater obligation
or responsibility on the municipality which has adopted this article
than those minimum requirements specifically required by State of
Wisconsin Statutes and Department of Natural Resources regulations.
