[HISTORY: Adopted by the Town Board of the
Town of Ledgeview 12-16-2008 by Ord. No. 2008-023. Amendments noted
where applicable.]
The purpose of this chapter is to provide for
the health, safety, and general welfare of the citizens of the Town
of Ledgeview through the regulation of nonstormwater discharges to
the municipal separate storm sewer system ("system") to the maximum
extent practicable as required by federal and state law. This chapter
establishes methods for controlling the introduction of pollutants
into the system in order to comply with requirements of the Wisconsin
Pollutant Discharge Elimination system (WPDES) permit process. The
objectives of this chapter are:
A.
To regulate the contribution of pollutants to the
system by stormwater discharges by any user.
B.
To prohibit illicit connections and discharges to
the system.
C.
To establish legal authority to carry out all inspection,
surveillance, monitoring, and enforcement procedures necessary to
ensure compliance with this chapter.
For the purposes of this chapter, the following
shall mean:
Employees or designees of the director of the municipal agency
designated to enforce this chapter.
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.
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 (effective August
1, 2004), as may be amended from time to time.
The Wisconsin Department of Natural Resources.
As defined in Ch. 283, Wis. Stats. (November 1, 2005), as
may be amended from time to time, when used without qualification,
includes a discharge of any pollutant.
As defined in Ch. 283, Wis. Stats., (November 1, 2005), as
may be amended from time to time, 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.
Either of the following:
Any drain or conveyance, whether on the surface
or subsurface, that allows an illicit discharge to enter the system,
including but not limited to any conveyances that allow any nonstormwater
discharge including sewage, process wastewater, and wash water to
enter the system, and any connections to the system 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 the system which has not been documented
in plans, maps, or equivalent records and approved by an authorized
enforcement agency.
Any discharge to a municipal separate storm sewer system
that is not composed entirely of stormwater, except discharges authorized
by a WPDES permit or other discharges not requiring a WPDES permit
such as landscape irrigation, individual residential car washing,
firefighting, diverted stream flows, uncontaminated groundwater infiltration,
uncontaminated pumped groundwater, discharges from potable water sources,
foundation drains, air-conditioning condensation, irrigation water,
lawn watering, flows from riparian habitats and wetlands, and similar
discharges.
Activities subject to WPDES industrial permits per Ch. NR
216, Wis. Adm. Code (effective August 1, 2004), and Chapter 283, Wis.
Stats., (November 1, 2005).
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 (effective August
1, 2004), 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 system 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. (November 1, 2005), 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. (November 1, 2005), 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 stormwater, stormwater
conveyance systems, and/or receiving waters 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 United
States Geological Service (USGS) quadrangle maps, all channels shown
on the soils maps in the National Resources Conservation Service (NRCS)
soils book for Brown 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. (November 1, 2005), 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. (November 1, 2005).
This chapter shall apply to all water entering
the system generated on any lands unless explicitly exempted by an
authorized enforcement agency.
The Zoning Administrator and/or designee shall
administer, implement, and enforce the provisions of this chapter.
Any powers granted or duties imposed upon the Town of Ledgeview may
be delegated in writing by the Zoning Administrator of the Town to
persons or entities acting in the beneficial interest of or in the
employ of the agency. As used in this chapter, use of the term "Zoning
Administrator" shall also be deemed to include those designated in
writing by the Administrator as his/her designees.
This chapter is not intended to modify or repeal
any other ordinance, rule, regulation, or other provision of law.
The requirements of this chapter are in addition to the requirements
of any other ordinance, rule, regulation, or other provision of law,
and where any provision of this chapter 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 provisions of this chapter are hereby declared
to be severable. If any provision, clause, sentence, or paragraph
of this chapter or the application thereof to any person, establishment,
or circumstances shall be held invalid, such invalidity shall not
affect the other provisions or application of this chapter.
The standards set forth herein and promulgated
pursuant to this chapter are minimum standards; therefore, this chapter
does not intend or imply that compliance by any person will ensure
that there will be no contamination, pollution, or unauthorized discharge
of pollutants.
Prohibition of illicit discharges. No person
shall throw, drain, or otherwise discharge, cause, or allow others
under its control to throw, drain, or otherwise discharge into the
system any pollutants or waters containing any pollutants, other than
stormwater.
A.
Allowed discharges:
(1)
Water line flushing, landscape irrigation, diverted
stream flows, rising groundwaters, uncontaminated pumped groundwater,
discharges from potable water sources, foundation drains, air-conditioning
condensation, irrigation water, springs, water from crawl space pumps,
footing drains, lawn watering, individual residential car washing,
flows from riparian habitats and wetlands, dechlorinated swimming
pool discharges, and street wash water.
(2)
Discharges or flow from firefighting and other discharges
specified in writing by the Zoning Administrator as being necessary
to protect public health and safety.
(3)
Discharges associated with dye testing; however, this
activity requires a verbal notification to the Zoning Administrator
and the Department of Natural Resources a minimum of one day prior
to the time of the test.
(4)
Any nonstormwater discharge permitted under a WPDES
permit, waiver, or waste discharge order issued to the discharger
and administered under the authority of the Wisconsin Department of
Natural Resources. Any person subject to such a WPDES stormwater discharge
permit shall comply with all provisions of such permit.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of illicit connections to the system 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
chapter if the person connects a line conveying sewage to the system
or allows such a connection to continue.
(4)
Improper connections in violation of this chapter
must be disconnected and redirected, if necessary, to an approved
on-site wastewater management system or the sanitary sewer system
upon approval of the Zoning Administrator.
(5)
Any drain or conveyance that has not been documented
in plans, maps or equivalent and which may be connected to the storm
sewer system shall be located by the owner or occupant of that property
upon receipt of written notice of violation from the Zoning Administrator
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 Zoning Administrator.
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 trash, debris,
excessive vegetation, 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 Zoning
Administrator shall be permitted to enter and inspect facilities subject
to regulation under this chapter as often as may be necessary to determine
compliance with this chapter.
(1)
If a discharger has security measures in force which
require proper identification and clearance before entry into its
premises, the discharger shall make the necessary arrangements to
allow access to representatives of the Town of Ledgeview.
(2)
Facility operators shall allow the Zoning Administrator
ready access to all parts of the premises for the purposes of inspection,
sampling, examination and copying of records.
(3)
The Zoning Administrator shall have the right to set
up on any facility such devices as are necessary in the opinion of
the Zoning Administrator to conduct monitoring and/or sampling of
the facility's stormwater discharge.
(4)
The Zoning Administrator has the right to require
the discharger to install monitoring equipment as necessary. 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 facility to be inspected and/or sampled shall be
promptly removed by the operator at the written or oral request of
the Zoning Administrator and shall not be replaced. The costs of clearing
such access shall be borne by the operator.
(6)
Unreasonable delays in allowing the Zoning Administrator
access to a facility is a violation. A person who is the operator
of a facility commits an offense if the person denies the Zoning Administrator
reasonable access to the facility for the purpose of conducting any
activity authorized or required by this chapter.
B.
Special inspection warrant. If the Zoning Administrator
has been refused access to any part of the premises from which stormwater
is discharged and he/she is able to demonstrate probable cause to
believe that there may be a violation of this chapter 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 chapter
or any order issued hereunder or to protect the overall public health,
safety, and welfare of the community, then the Zoning Administrator
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, the system, or waters of the state shall provide, at
its own expense, reasonable protection from accidental discharge of
prohibited materials or other wastes into the municipal system or
watercourses through the use of these 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 the system. Compliance with all terms and conditions of a valid
WPDES permit authorizing the discharge of stormwater associated with
industrial activity, to the extent practicable, shall be deemed compliance
with the provisions of this section. These BMPs shall be part of a
stormwater management plan/stormwater pollution prevention plan as
necessary for compliance.
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 system, or waters of the state, said person shall
take all necessary steps to ensure the discovery, containment, and
cleanup of such release. 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. In the
event of a release of nonhazardous materials, said person shall notify
the Zoning Administrator 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
Ledgeview within 10 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.
B.
Failure to provide notification of a release as provided
above is a violation of this chapter.
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 chapter.
Any person who has violated or continues to violate the provisions
of this chapter 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 Zoning Administrator 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 Ledgeview is authorized to seek costs of the abatement as outlined in § 91-16.
B.
Warning notice. When the Zoning Administrator finds
that any person has violated, or continues to violate, any provision
of this chapter or any order issued hereunder, the Town of Ledgeview
may serve upon that person a 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 Ledgeview to take action,
including emergency action or any other enforcement action, without
first issuing a warning notice.
C.
Notice of violation. Whenever the Zoning Administrator
finds that a person has violated a prohibition or failed to meet a
requirement of this chapter, the Town of Ledgeview 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 the 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 chapter, 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 Ledgeview by filing a written notice
of appeal within three 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, the
work will be done by a designated governmental agency or contractor
and the expense thereof shall be charged to the violator.
(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 system access.
(1)
Emergency cease and desist orders.
(a)
When the Zoning Administrator finds that any
person has violated, or continues to violate, any provision of this
chapter, 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 system or waters of the United States which reasonably appears
to present an imminent or substantial endangerment to the health or
welfare of persons or to the environment, the Town of Ledgeview 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 Zoning
Administrator may take such steps as deemed necessary to prevent or
minimize harm to the system or waters of the United States 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 Zoning Administrator may allow the
person to recommence its discharge when it has demonstrated to the
satisfaction of the Town of Ledgeview that the period of endangerment
has passed, unless further termination proceedings are initiated against
the discharger under this chapter. 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 Ledgeview within 14 days of receipt of
the prerequisite for, taking any other action against the violator.
(2)
Suspension due to illicit discharges in emergency
situations. The Zoning Administrator may, without prior notice, suspend
system 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, to the health
or welfare of persons, or to the system or waters of the state. If
the violator fails to comply with a suspension order issued in an
emergency, the Town of Ledgeview may take such steps as deemed necessary
to prevent or minimize damage to the system or waters of the United
States or to minimize danger to persons.
(3)
Suspension due to the detection of illicit discharge.
Any person discharging to the system in violation of this chapter
may have its system access terminated if such termination would abate
or reduce an illicit discharge. The Zoning Administrator will notify
a violator of the proposed termination of its system access. The violator
may petition the Town of Ledgeview for a reconsideration and hearing.
|
A person commits an offense if the person reinstates
system access to premises terminated pursuant to this section without
the prior approval of the Town of Ledgeview.
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E.
Prosecution and penalties. Any person that has violated
or continues to violate this chapter shall be liable to prosecution
to the fullest extent of the law. In the event the alleged violator
fails to take the remedial measures set forth in the notice of violation
or otherwise fails to cure the violations described therein within
the set time period specified by the Town of Ledgeview, after the
Zoning Administrator has taken one or more of the actions described
above, the Zoning Administrator may impose a penalty not to exceed
$1,000 (depending on the severity of the violation) for each day the
violation remains unremitted after receipt of the notice of violation.
Any person receiving a notice of violation may
appeal the determination of the Town of Ledgeview. The notice of appeal
must be received by the Town of Ledgeview within three days from the
date of the notice of violation. Hearing on the appeal before the
Zoning Board of Appeals shall take place within 30 days from the date
of receipt of the notice of appeal.
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 Zoning Board of Appeals upheld the decision
of the Town of Ledgeview, then representatives of the Town of Ledgeview
are authorized to enter upon the subject private property and authorized
to take any and all measures necessary to abate the violation. 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.
Within seven days after abatement of the violation,
the owner of the property will be notified of the cost of abatement,
including administrative costs. If the amount due is not paid by the
date determined by the municipal authority, the charges shall become
a special charge against the property and shall constitute a lien
on the property.
Any condition in violation of any of the provisions
of this chapter and declared and deemed a nuisance may be summarily
abated or restored at the violator's expense.
A.
The remedies listed in this chapter 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 Ledgeview
to seek cumulative remedies.
B.
The Town of Ledgeview may recover all attorneys' fees,
court costs and other expenses associated with enforcement of this
chapter, including sampling and monitoring expenses.
This chapter shall be in full force and effect
five days after its final passage and adoption. All prior ordinances
and parts of ordinances in conflict with this ordinance are hereby
repealed.
